Aadel Collection
Report by the Special Rapporteur, Mr. Bacre Waly Ndiaye, submitted pursuant to Commission on Human Rights resolution 1995/73
UNITED
NATIONS
E
Economic and Social
Council
Distr.
GENERAL
E / CN. 4 /1996/4
25 January 1996
Original: ENGLISH
ENGLISH ONLY*
COMMISSION ON HUMAN RIGHTS
Fifty-second session
Item 10 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 1995/73
CONTENTS
Paragraphs
Page
Introductory remarks 1 - 3 5
Introduction 4 - 6 5
Chapter
I. THE MANDATE . . .
A. Terms of reference
7 - 12 6
7- 9 6
B. Extrajudicial, summary or arbitrary executions . 10
C. Methods of work . .
11 - 12 7
* In view of its length, the present document is being issued in the
original language only, the Conference Services Division of the United Nations
Office at Geneva having insufficient capacity to translate documents that
greatly exceed the 32-page limit recommended by the General Assembly (see
Commission resolution 1993/94, para. 1) .
6
GE.96-10398 (E)
E/CN. 4/1996/4
page 2
CONTENTS ( continued )
Chapter
Paragraphs Page
II. ACTIVITIES
13 - 25 8
A. Consultations . . . . 13
B. Communications . .
C. Visits
14- 15 9
16 - 17 9
D. Cooperation with United Nations procedures
E. Other activities to promote the mandate
III. SITUATIONS
A. General . . .
.. 18-22 10
.. 23-25 10
26 - 539 11
B. Country situations
Afghanistan . .
Algeria . . . .
JIIgola . . . .
Argentina . . .
Armenia . . . .
Azerbaijan . .
Bahrain . . . .
Bangladesh . .
Belarus . . . .
Bolivia . . . .
Botswana . . .
Brazil . . . .
Bulgaria . . .
Burkina Faso .
Burundi . . . .
Cambodia . . .
Cameroon . . .
Canada . . . .
Central African
Chad
Chile
China
Colombia . . .
CSte d'Ivoire .
Cuba
Czech Republic
Djibouti . .
Ecuador . . .
Egypt . . . .
El Salvador .
26-28 11
29 - 539 12
8
29
12
30-40
12
41- 44
14
45-47
15
48-49
16
50
16
51- 56
57-61
16
17
62-63
19
64-66
19
67-69
70- 80
81- 82
83- 84
19
20
22
23
85- 92
23
93- 96
97
98 - 100
24
25
26
Republic
101 - 102
26
103 - 109
110 - 112
113 - 125
126 - 150
26
28
28
31
151 - 154
40
155 - 160
41
161 - 162
163 - 164
43
43
165 - 166
43
167 - 179
44
180 - 183
46
47
Equatorial Guinea .
184 - 186
E/cN. 4/1996/4
page 3
CONTENTS ( continued)
Chapter Paragraphs Page
Ethiopia . . 47
France . . . 48
Gambia . . . 49
Georgia . . . 49
Germany . . . 50
Guatemala . . 51
Honduras . . 56
India . . . . 56
Indonesia . . 59
Iran (Islamic 64
Iraq . . . . 65
Israel . . . 67
Kenya . . . . 69
Kuwait . . . 69
Krygyzstan . 69
Liberia . . 70
Libyan Arab 71
Lithuania . 72
Mali . . . 72
Mauritania . . 73
Mauritius . . . 73
Mexico . . . . 73
Mongolia . . . 77
Morocco . . . . 77
Myanmar . . . . 77
Nepal 79
Nigeria . . . . 79
Pakistan . . . 84
Panama . . . . 88
Papua New Guinea . . 88
Paraguay 90
Peru 90
Philippines 94
Portugal 95
Republic of Moldova . 95
Romania 95
Russian Federation . 96
Rwanda 97
Saudi Arabia . . . . 99
Sierra Leone . . . . 100
Singapore 101
Sri Lanka 103
South Africa . . . . 105
Sudan 107
Swaziland 109
Syrian Arab Republic 110
Tajikistan 110
Thailand 110
187 - 191
192 - 195
196
197 - 202
203 - 207
208 - 227
228 - 230
231 - 241
242 - 257
Republic of) 258 - 265
266 - 273
274 - 284
285 - 287
288 - 289
290 - 291
292 - 298
Jamahiriya 299 - 300
301
302 - 304
305 - 306
307
308 - 322
323
324 - 326
327 - 335
336 - 337
338 - 357
358 - 372
373 - 374
375 - 378
379
380 - 397
398 - 402
403
404 - 405
406 - 407
408 - 413
414 - 420
421 - 424
425 - 427
428 - 435
436 - 444
445 - 451
452 - 456
457 - 459
460 - 462
463 - 464
465 - 466
E/CN. 4/1996/4
page 4
CONTENTS ( continued )
Chapter
C. Other
tam and
Paragraphs Page
Palestinian Authority . . .
IV. CONCLUSIONS AND RECOMMENDATIONS
A. Capital punishment
B. Impunity . .
C. Rights of the victims . .
D. Allegations received and acted upon
E. Issues of special concern to the
Special Rapporteur
537 - 539
127
540 - 619 127
540 - 557 127
Togo
467 - 470 111
Trinidad and Tobago . . . .
471 - 475
112
Turkey
476 - 494
113
Ukraine
495 - 497
117
United Arab Emirates . . .
498 - 499
117
United Kingdom of Great En
Northern Ireland . . . .
500 - 503
118
United Republic of Tanzania
504 - 506
119
United States of America .
507 - 517
120
Uruguay
518 - 520
124
Uzbekistan
521 - 522
124
Venezuela
523 - 525
125
Yemen
526 - 527
125
Yugoslavia
528 - 530
125
Zaire
531 - 536
126
558 - 571 132
572 - 576 135
577 - 590 136
591 - 619 139
E/cN. 4/1996/4
page 5
Introductory remarks
1. The Special Rapporteur wishes to draw the attention of the Commission on
Human Rights to the fact that the financial constraints of the United Nations,
particularly suffered in the second half of 1995, had negative repercussions
on his mandate. The Special Rapporteur regrets to note that the measures
taken in this context have seriously affected the way the mandate has been
carried out throughout the year, as well as the preparation of the annual
report to the Commission on Human Rights concerning extrajudicial, summary or
arbitrary executions.
2. The Special Rapporteur is fully aware of the need for the organization to
reduce unnecessary expenditures. He deplores, however, that only shortly
before the finalization of his report he was informed that if the report was
to be translated into other official languages, the length of the report had
to be limited to 32 pages, and that the report in any case should not exceed
100 pages.
3. The Special Rapporteur considers it unacceptable that this report, in
previous years ranging in length from 130 to 170 pages, should be reduced to
32 pages. However, the Special Rapporteur has done his utmost to reduce the
length of the report. As a consequence, details on activities undertaken
during the year on individual cases and urgent appeals sent to Governments, as
well as on replies or comments received from Governments, could not be
reflected in the report in a satisfactory manner. The Special Rapporteur
feels that the restrictions imposed are seriously affecting the way the
mandate is being carried out, and that he is prevented from reporting to the
Commission on Human Rights in a responsible way. He has brought his concerns
to the attention of the High Commissioner for Human Rights as well as other
decision-making bodies within the United Nations system, and calls on the
Commission on Human Rights to take his remarks into consideration when
considering the report, and to try to find a suitable solution to this
problem.
Introduction
4. The present report, the thirteenth report since the mandate was
established in 1982, is the fourth report presented by Mr. Bacre Waly Ndiaye,
and is submitted pursuant to Commission on Human Rights resolution 1995/73
entitled “Extrajudicial, summary or arbitrary executions”, which was adopted
without a vote on 8 March 1995.
5. The present report is divided into four chapters. Chapter I contains
the terms of reference of the mandate and describes recent developments in the
Special Rapporteur's methods of work. Chapter II is related to activities
carried out by the Special Rapporteur in the framework of his mandate,
between 25 November 1994 and 25 November 1995. Chapter III describes
94 country-specific situations in which the Special Rapporteur has taken
action in the period under consideration. Conclusions and recommendations to
improve respect for the international instruments and standards which form the
legal basis for the mandate are set out in chapter IV of the report.
E/CN. 4/1996/4
page 6
6. With regard to the situation of the right to life in Burundi and to the
Papua New Guinea island of Bougainville, findings, conclusions and
recommendations of the Special Rapporteur, made on the basis of field visits
carried out in April 1995 and October 1995 respectively, are contained in two
addenda to the present report. (E/CN.4/1996/4/Add.1 and Add.2)
I. THE MANDATE
A. Terms of reference
7. Resolution 1995/73 of the Commission on Human Rights requests the Special
Rapporteur “to continue to examine situations of extrajudicial, summary or
arbitrary executions” . The same resolution requests the Special Rapporteur
“to continue to pay special attention to extrajudicial, summary or arbitrary
executions of children and women and to allegations concerning violations of
the right to life in the context of violence against participants in
demonstrations and other peaceful public manifestations or against persons
belonging to minorities” . In addition, the Commission also requests the
Special Rapporteur to continue monitoring the implementation of existing
international standards on safeguards and restrictions relating to the
imposition of capital punishment (...)‘.
8. In other resolutions adopted by the Commission on Human Rights at its
fifty-first session, special rapporteurs are requested to pay particular
attention to certain issues within the framework of their mandates. Those
resolutions are the following: resolution 1995/24 entitled “Rights of persons
belonging to national or ethnic, religious and linguistic minorities”;
resolution 1995/40, entitled “Right to freedom of opinion and expression”;
resolution 1995/41, entitled “Human rights in the administration of justice,
in particular children and juveniles in detention”; resolution 1995/43,
entitled “Human rights and terrorism”; resolution 1995/53, entitled “Advisory
services and the Voluntary Fund for Technical Cooperation in the Field of
Human Rights”; resolution 1995/57, entitled “Internally displaced persons”;
resolution 1995/75, entitled “Cooperation with representatives of
United Nations human rights bodies”; resolution 1995/79, entitled “Rights of
the Child”; resolution 1995/80, entitled “Comprehensive implementation of
and follow-up to the Vienna Declaration and Programme of Action”;
resolution 1995/85, entitled “The elimination of violence against women”;
resolution 1995/86, entitled “Question of integrating the human rights of
women into the human rights mechanisms of the United Nations”; and
resolution 1995/88, entitled “Human rights and mass exoduses”.
9. In carrying out his mandate, the Special Rapporteur has taken into
account the requests made by the Commission on Human Rights in the
above-mentioned resolutions, in particular when evaluating and analysing the
information that comes before him.
B. Extrajudicial, summary or arbitrary executions
10. Since the creation of the mandate in 1982, action has been undertaken in
a variety of situations. During the period under consideration, the Special
Rapporteur has taken action in the following cases:
E/cN. 4/1996/4
page 7
(a) Violations of the right to life in connection with the death
penalty. The Special Rapporteur has intervened when capital punishment is
imposed after an unfair trial, or in case of a breach of the right to appeal
or the right to seek pardon or commutation of sentence. In addition, he
intervenes if the convicted is a minor, a mentally retarded or insane person,
a pregnant woman or a recent mother. In general, he undertakes action when
laws that are applied or trial procedures fall short of international
standards, in particular the Safeguards for guaranteeing protection of the
rights of those facing the death penalty, or article 6 of the International
Covenant on Civil and Political Rights (ICCPR);
(b) Death threats and fear of imminent extrajudicial executions by
State officials, paramilitary groups, private individuals or groups
cooperating with or tolerated by the Government, as well as unidentified
persons who may be linked to the categories mentioned above;
(c) Deaths in custody owing to torture, neglect or the use of force, or
life-threatening conditions of detention;
(d) Deaths due to the use of force by law enforcement officials, or
persons acting in direct or indirect compliance with the State, when the use
of force is not in keeping with the criteria of absolute necessity and
proportionality;
(e) Deaths due to attacks by security forces of the State, by
paramilitary groups, death squads or other private forces cooperating with or
tolerated by the Government;
(f) Violations of the right to life during armed conflicts, especially
of the civilian population, contrary to humanitarian law;
(g) Expulsion or refoulement of persons to a country where their lives
are in danger, including involuntary repatriation and return to a previous
host State, as well as closure of national borders to prevent refugees from
entering;
(h) Genocide;
(i) Breach of the obligation to investigate alleged violations of the
right to life and to bring those responsible to justice;
(j) Breach of the obligation to provide compensation to victims of
violations of the right to life.
C. Methods of work
11. In resolution 1995/73, entitled “Extrajudicial, summary or arbitrary
executions”, the Commission on Human Rights requests the Special Rapporteur to
“continue to examine situations of extrajudicial, summary or arbitrary
executions (..j”; 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 execution has occurred” . In the same
resolution the Commission requests the Special Rapporteur “to enhance further
E/CN. 4/1996/4
page 8
his dialogue with Governments, as well as to follow up on recommendations
made in reports after visits to particular countries” . In addition,
resolution 1995/87, entitled “Human rights and thematic procedures” invites
thematic special rapporteurs to include in their annual reports information
provided by Governments on follow-up action; encourages them to follow closely
the progress made by Governments in the investigations carried out under their
mandates; further encourages them to closely cooperate with relevant treaty
monitoring bodies and country rapporteurs.
12. Based on these provisions the Special Rapporteur has continued to
transmit to the Governments concerned allegations of violations of the right
to life (urgent appeals transmitted by fax, or individual case summaries sent
by mail) , as well as follow-up letters to such communications. For a detailed
analysis of the Special Rapporteur's methods of work, reference is made to his
report to the fiftieth session of the Commission on Human Rights
(E/cN.4/1994/7, paras. 13-67) . During 1995, the Special Rapporteur has
adopted some innovations with regard to his methods of work, which include:
(a) Joint urgent appeals . In view of resolution 1995/87 entitled
“Human rights and thematic procedures” in which special rapporteurs and
working groups were encouraged to cooperate closely with relevant treaty
monitoring bodies and country rapporteurs, joint urgent appeals have been sent
to Governments when issues of concern fell within the mandate of more than one
special rapporteur or working group. In 1995, the Special Rapporteur
participated in 14 joint urgent appeals with other experts of the Commission
on Human Rights to the following countries: Burundi (2), Colombia (1),
Cuba (1) , Islamic Republic of Iran (1) , Israel (1) , Nigeria (2) , Peru (1) ,
Russian Federation (1), Sudan (1) , Turkey (2) and United Republic of
Tanzania (1) . For further details, reference is made to the corresponding
country chapters in the present report;
(b) Questionnaire for sources . Under the same resolution,
non-governmental organizations are invited to continue their cooperation with
thematic procedures, and to ascertain that the material provided falls under
the mandate of these procedures. To facilitate this, the Special Rapporteur
has proposed a questionnaire to enable him to collect details essential for
the processing of individual cases concerning violations of the right to life.
The Special Rapporteur expresses the wish that sources will make extensive use
of this new questionnaire which will allow the information received to be
processed in a more effective way;
(c) Definition of priorities for action . Due to the increasing number
of cases and information of a more general nature brought to the attention of
the Special Rapporteur, as well as the lack of human resources available to
the Special Rapporteur, priority will be given to cases of violations of the
right to life which have reportedly occurred since 1992.
II. ACTIVITIES
A. Consultations
13. The Special Rapporteur visited Geneva from 20 February to 1 March 1995.
On 28 February he presented his report to the Commission on Human Rights. He
E/cN. 4/1996/4
page 9
also visited Geneva from 22 to 26 May 1995, from 18 to 22 September 1995, and
from 20 to 24 November 1995 for consultations with the Secretariat. During
his visits to Geneva he consulted with a number of thematic and country
special rapporteurs, representatives and members of working groups of the
Commission on Human Rights, the High Commissioner for Human Rights and the
Assistant Secretary-General for Human Rights. He also met with
representatives of Governments and non-governmental organizations to discuss
issues related to the violation of the right to life in specific countries.
Furthermore, the Special Rapporteur participated in the meeting of special
rapporteurs which was held in Geneva from 29 to 31 May 1995.
B. Communications
14. Between 25 November 1994 and 25 November 1995, the Special Rapporteur
transmitted to Governments allegations he had received concerning violations
of the right to life 94 countries. The Special Rapporteur transmitted
151 urgent appeals on behalf of more than 452 identified and 791 unidentified
individuals, an undetermined number of refugees, civilians in certain regions
in various countries as well as members of several families and various
indigenous communities. In addition, the Special Rapporteur transmitted 820
cases containing allegations of extrajudicial, summary or arbitrary
executions, and sent follow-up letters to 26 countries. During the same
period, he received replies from 41 Governments.
15. While the Special Rapporteur thanks the Governments concerned for the
replies provided, he is concerned that despite the existence of a “reply form”
for cases of alleged extrajudicial, summary or arbitrary executions used in
letters which transmit cases, some Governments have not followed the specific
requests made in the forms. Consequently, considerable difficulties arose in
the processing of information received within the time available before the
finalization of the report.
C. Visits
16. In 1995 the Special Rapporteur undertook a visit to Burundi and to the
Papua New Guinea island of Bougainville. The Special Rapporteur's reports on
these visits, are published in the form of two addenda to the present report.
(E/cN.4/1996/4/Add.1 and Add.2)
17. To date, the Special Rapporteur is in possession of standing invitations
for a visit from the Governments of Algeria, Azerbaijan, Gabon, Sri Lanka, and
an invitation for a follow-up visit to Colombia. Negotiations with the
Governments of Bangladesh, India, Liberia and Turkey for a possible visit are
ongoing. During 1995 the Special Rapporteur requested an invitation to visit
Mexico and reiterated his wish to visit China, Tajikistan and the United
States of America to examine in situ violations of the right to life. He also
requested the Government of Nigeria to extend an invitation to visit Nigeria
jointly with the Special Rapporteur on the independence of judges and lawyers.
To date no invitation has been received. For further details reference is
made to the corresponding country chapters of this report.
E/CN. 4/1996/4
page 10
D. Cooperation with United Nations procedures
18. During the period under review the Special Rapporteur has actively
participated in the effort to increase the coordination between different
United Nations procedures. The innovative practice of joint urgent appeals
with different thematic and country rapporteurs, special representatives and
chairpersons of working groups was already referred to above.
19. A meeting of special rapporteurs, special representatives, experts and
chairpersons of working groups of the Commission on Human Rights was held from
29 to 31 May 1995, at which issues of common concern were discussed.
The Special Rapporteur presented a paper during this meeting, on the relation
between the High Commissioner for Human Rights and the special rapporteurs of
the Commission on Human Rights. The results of this meeting are contained in
a report prepared by the Special Rapporteur on the question of torture, who
acted as rapporteur of the meeting. (E/CN.4/1996/S0, annex)
20. A letter containing copies of allegations sent to the Permanent Mission
of Liberia was sent to the United Nations Observer Mission in Liberia
(tJNOMIL) , requesting its cooperation in obtaining information about the cases
of alleged extrajudicial, summary or arbitrary executions and the situation
with regard to the right to life in general. In the same letter the Special
Rapporteur requested information about the mandate of UNOMIL and the Special
Representative of the Secretary-General regarding investigations of human
rights violations. However, no reply was received from UNOMIL.
21. During his visits to Burundi and the Papua New Guinea island of
Bougainville, the Special Rapporteur benefited from the excellent cooperation
of the Centre for Human Rights office in Bujumbura and of the United Nations
Development Programme in Papua New Guinea. He greatly appreciated the
assistance provided by observers of the Organization of the African Unity
during his visit to Burundi, as well as the logistical support of
United Nations Assistance Mission in Rwanda (tINAMIR).
22. In addition, contacts have been established with the Crime Prevention and
Criminal Justice Branch of the United Nations Centre for Social Development in
Vienna. After first contacts were made during the preparation process of the
Ninth United Nations Congress on the Prevention of Crime and the Treatment of
Offenders, which was held in Cairo from 29 April to 8 May 1995, the exchange
of reports between the Special Rapporteur and the Crime Prevention and
Criminal Justice Branch has become a regular and very helpful practice.
E. Other activities to promote the mandate
23. Aiming at increased awareness of the mandate, the Special Rapporteur gave
a number of press conferences during his visits to Burundi and the Papua
New Guinea Island of Bougainville. In addition, during 1995, at the request
of the Special Rapporteur six press releases were issued with the aim of
publicizing certain activities of the Special Rapporteur, and to inform the
general public of his concern about some specific country situations. He also
gave a number of radio and television interviews for the British Broadcasting
Corporation (BBC) , Africa Num&o 1, Radio France International, the Australian
Broadcast Corporation, and to newspapers from Germany, the Netherlands,
E/cN. 4/1996/4
page 11
Senegal and Switzerland. In addition, the Special Rapporteur participated in
a round-table discussion, televised by CNN, which was organized in Geneva by
the United States delegation during the fifty-first session of the Commission
on Human Rights.
24. Furthermore, he consulted in Praia, Cape Verte, with African
non-governmental organizations and members of the African Commission on
Human and People's Rights. He consulted also with the Special Rapporteur on
extrajudicial, summary or arbitrary executions appointed by the African
Commission in order to share views on the respective mandates and
possibilities of cooperation. He also participated in the X me Conf&ence
internationale des Barreaux de tradition juridigue commune , which was held in
Paris, during which the issue of lawyers and international jurisdictions was
extensively discussed.
25. During the period under review, the Special Rapporteur was invited to
participate in the Ninth United Nations Congress on the Prevention of Crime
and the Treatment of Offenders in Cairo and a conference on prevention of
genocide organized by the Government of Rwanda, as well as to give several
speeches in different European and Asian universities about his mandate. He
regrets, however, that due to both his busy schedule, in particular his
activities as a member of the Truth and Justice Commission in Haiti, as well
as the financial constraints within the United Nations, he was unable to
participate in these activities.
III. SITUATIONS
A. General
26. This chapter gives an account of actions undertaken by the Special
Rapporteur between 25 November 1994 and 25 November 1995, on the basis of
reports and allegations concerning violations of the right to life, from a
variety of sources. It also describes the replies received from Governments
to his communications and, where appropriate, contains observations and
comments of the Special Rapporteur.
27. The dates of the communications are included in parenthesis, unless
otherwise stated. Communications described as “allegations transmitted” or
“cases sent” were transmitted to the Government on various occasions during
the year, mainly in May, September and October 1995. The follow-up section
includes those letters sent to the Governments requesting further details on
the allegations, and reminders of cases to which the Government has not yet
provided a reply. Communications from the Governments which have reached the
Special Rapporteur's office after 25 November 1995 will be included in his
report to the Commission on Human Rights at its fifty-third session.
28. Owing to restrictions on the length of this document, the Special
Rapporteur has been obliged to reduce significantly details of communications
sent and received. In many of the cases, only the names of the victims are
listed and a short reference to the Government's reply is reflected in the
report. In this context, the Special Rapporteur would like to refer to
requests received from some Member States to publish, as part of his report,
extensive responses regarding specific cases and other matters. These
E/CN. 4/1996/4
page 12
requests could not be acceded to due to the severe limitations applied to the
length of his report. However, this information is available for consultation
through the offices of the secretariat of the Commission.
B. Country situations
Afghanistan
29. The Special Rapporteur sent a letter to remind the Government of
Afghanistan that no reply had yet been received in the case of Mir Wais Jalil,
a EEC World Service journalist, allegedly found dead after having been
abducted in Kabul on 29 July 1994, which had been sent to the Government in
September 1994 (22 August 1995) . By the time the present report was
finalized, no reply had been received from the Government. With regard to an
analysis of the situation prevailing in Afghanistan, reference is made to the
report of the Special Rapporteur on the situation of human rights in the
country. (E/CN.4/1996/64)
Algeria
30. The Special Rapporteur received reports concerning the continuing
violence and violations of the right to life in Algeria. Three journalists,
including whom two women, were reportedly victims of extrajudicial, summary or
arbitrary executions and a considerable number of students and prisoners were
reportedly killed in different incidents.
Allegations transmitted
31. The Special Rapporteur sent one urgent appeal to the Government,
concerning a death sentence handed down on Lembarek Boumarafi by the
cour criminelle (criminal court) in Algers for the assassination of
President Boudiaf on 29 June 1992. According to the allegations received, his
trial had not been in conformity with international standards for a fair
trial. He had reportedly not been allowed to choose his own lawyer, and the
appointed lawyers reportedly did not have access to all the documents. He
allegedly did not have the right to a full review of his sentence by a higher
jurisdiction, since the sentence could only be reviewed in cassation by a
final court of appeal, the Tribunal supreme (Supreme Court) (6 June 1995) .
32. The Special Rapporteur transmitted to the Government the cases of alleged
killings of the following three journalists: Yasmine Drici, journalist of
Soir d'Algerie , reportedly found strangled after arrest; Azzedine Saidj,
editor of the newspaper El Ouma , reportedly found strangled; Malika Sabour,
journalist of the weekly Echouroute Al-Arabi , reportedly killed by men in
police uniforms.
33. The Special Rapporteur also transmitted to the Government the
following 11 cases of extrajudicial, summary or arbitrary executions,
concerning the deaths of 149 persons: alleged killings by security forces:
Fatah Mizreb and 20 unidentified persons, reportedly killed in Algers;
S unidentified young persons, reportedly found dead in a square in the
area D'Ain Naja in Algers; Kouider Melal and 3 unidentified persons
reportedly found dead in El Ataf; Rebai Rabah, whose dead body was reportedly
E/cN. 4/1996/4
page 13
found in a field, bearing signs of torture; alleged deaths in custody:
Fouad Bouchelaghem, professor at the University of Blida, reportedly killed in
the detention centre of Chateauneuf; 96 unidentified prisoners, reportedly
killed on 22 or 23 February 1995 during a mutiny in the Serkadji prison;
10 students including Dahab Omar, Derouiche Abdelbassat, Rahal Abderrazak,
Mahadda Salah, Aouinet Abdelkader, Djerad Abdelkader, Arhouma Saad,
Maatallah Abdelbaki, Nazli Abdelkamel and Saci Tahar, as well as their
professor Khuoider Messaoud, reportedly killed in the detention centre of
JIInaba; death sentences passed after alleged unfair trials: 7 unidentified
persons, reportedly executed in Algers on 31 August 1993, whose declarations
were reportedly extracted under torture.
Communications received
34. The Government provided a reply in the case of Lembarek Boumarafi,
stating that he had been assigned several defence lawyers by the B&tonnier de
l'ordre des Avocats d'Alger , at the request of the President of the tribunal
criminel , after Mr. Boumarafi had reportedly refused to choose one himself.
The Government informed the Special Rapporteur that lawyers did have access to
the file. The Government furthermore explained that cassation by the
Cour supreme was in conformity with the international standards, guaranteeing
the right to have a sentence reviewed by a court of higher jurisdiction
(10 July 1995) .
35. The Government submitted a document to the Special Rapporteur
on 23 November 1995, containing replies to the cases transmitted to the
Government in 1995. The Government stated that the case of seven unidentified
persons had been dealt with in a previous report to the Commission on
Human Rights. The Government also informed the Special Rapporteur about the
case of Moussa Bouchelaghem who, upon arrest by the police, had confessed to
being a member of a terrorist organization and killed trying to flee from
custody as he was being taken to the hide-out of his accomplices. Concerning
the case of Rebai Rabah, the Government stated that he had never been
interrogated by the security forces, nor had the family filed a complaint.
However, an investigation by the security forces and the gendarmerie was
opened. With regard to the case of 11 students and their professor, the
Government brought to the Special Rapporteur's attention that they belonged to
an armed terrorist group. In relation to the death of Kouider Melal and three
unidentified persons the Government informed the Special Rapporteur about the
identity of the other three persons and stated that no official complaint had
been filed by the family of the deceased. An investigation into their deaths
was being carried out. The Government also brought to the Special
Rapporteur's attention the fact that the security forces had never found five
dead bodies of youths in the area of Ain-Naadja, as alleged. Concerning the
deaths of the three journalists mentioned above, the Government stated that
they had been killed by terrorists.
36. The Government transmitted to the Special Rapporteur an extensive reply
with regard to the incident at the Serkadji prison; several investigations
into the incident had been started. The Special Rapporteur will transmit this
information to the sources and will comment on the information received from
the Government at a later stage.
E/CN. 4/1996/4
page 14
37. The Government also provided the Special Rapporteur with a copy of
Ordonnance 95-12 of 25 February 1995, concerning clemency measures for persons
prosecuted for the crime of terrorism or subversion (3 April 1995) .
Observations
38. The Special Rapporteur wishes to thank the Government for the detailed
information provided and its willingness to cooperate with the mandate.
However, he remains concerned about the climate of violence that reigns in
Algeria, in view of the numerous allegations he received throughout the year
related to summary executions by security forces. He also remains concerned
about the number of political killings, especially of women, journalists,
students and teachers, by members of armed Islamic groups, that have been
brought to his attention. The Special Rapporteur is deeply concerned about
the violence against people who expressed criticism at the ongoing violence
resulting in killings of journalists, intellectuals, teachers and students,
and finds these reports particularly disturbing.
39. The Special Rapporteur would like to bring to the attention of the
Government of Algeria the procedure of cassation which does not conform to the
international norms concerning the right of a convicted person to have his
sentence reviewed by a higher jurisdiction. The current procedure provides a
review of the legal aspects of the case, but excludes a review as to the
facts. The Special Rapporteur would like to point out that in the French
legal tradition, on which the Algerian system of cassation is based, steps are
being taken to review the traditional system in order to allow the
establishment of an appeal procedure in criminal cases falling within the
jurisdiction of the Cour d'assises which will allow a review of both the legal
aspects as well as the facts of a case. He appeals to the Government of
Algeria to revise its legislation so as to make it conform to the relevant
international standards.
40. The Special Rapporteur would also like to express his hope that the
outcome of the presidential elections which were held in November 1995 will
result in a continuation of the dialogue between the Government and all
opposition parties, and efforts will continue towards negotiations with a view
to ending the armed confrontation and violations of human rights resulting
therefrom. He moreover calls upon the Government to ensure that a climate
more favourable to respect for human rights will be created in Algeria as part
of a return to peace and security.
Angola
41. The Special Rapporteur continued to receive reports about violations of
the peace agreements, by both the Government and tJNITA, including the laying
of additional land-mines. The Special Rapporteur also continued to receive
reports about death threats received by several journalists.
Allegations transmitted
42. The Special Rapporteur forwarded the following case to the Government:
Ricardo De Mello, director of the Impartial Fax Newsletter , reportedly killed
in Luanda on 18 January 1995, by members of the security forces who arrested
E/cN. 4/1996/4
page 15
him after he had reportedly published an article about UNITA and its leader
Mr. Savimbi, and after having announced death threats received by several
journalists.
Communication received
43. The Government provided the Special Rapporteur with a reply to cases sent
in 1995. In the case of Ricardo de Mello, the Government stated that the
police has carried out an investigation but so far the killers could not be
identified (22 October 1995) .
Observations
44. The Special Rapporteur thanks the Government of Angola for the
information provided in the reply and the willingness to cooperate with the
mandate. He hopes that the signing of the UNAVEM III agreement in May 1995
will contribute to an improvement of the human rights situation in Angola.
However, the situation remains a matter of great concern, in particular
allegations concerning extrajudicial, summary or arbitrary executions of
unarmed civilians as well as of journalists. The Special Rapporteur expresses
his wish that more attention will be paid to human rights in the peace
process, in particular to issues regarding the prevention of violations, human
rights education and impunity, both at a national level and at the level of
the United Nations, especially within the human rights division of UNAVEM III.
Argentina
Allegations transmitted
45. The Special Rapporteur sent two urgent appeals to the Government of
Argentina, in which he expressed concern for the safety of the following
persons: Maria Alejandra Bonafini, daughter of the President of the
organization Mothers of the Plaza de Mayo, after she had reportedly received
death threats in relation to her mother's work (5 April 1995); Mabel Cristina
Laguens de Rodriguez, Felipe Rodriguez Laguens and Dr. Federico Huber,
relatives and lawyer of Diego Rodriguez Laguens, a 26-year-old engineer
reportedly killed in custody in San Pedro Jujuy in February 1994. Fears for
their safety were expressed particularly at the beginning of the oral public
proceedings of the trial for the murder of Diego Rodriguez Laguens
(30 October 1995) (E/cN.4/1995/61, para. 54) .
Follow-up
46. The Special Rapporteur sent a letter reminding the Government of the
aforementioned urgent appeal sent on behalf of Alejandra Bonafini, to which
no reply had not yet been received (21 August 1995) .
Communications received
47. The Government of Argentina then replied to the urgent appeal sent on
behalf of Alejandra Bonafini, stating that investigations into the case had
been initiated by competent authorities (27 September 1995) . Regarding the
E/CN. 4/1996/4
page 16
case of Diego Rodriguez Laguens, the Government provided a copy of a letter
dated 25 November 1994, the content of which was reflected in last year's
report (E/CN.4/1995/61, para. 55) .
Armenia
Allegations transmitted
48. The Special Rapporteur sent to the Government the following two cases,
relating to the death of nine persons: Ardavast Manukian, member of the
Armenian Revolutionary Federation, the main opposition party, who reportedly
died in the Interior Ministry Hospital on 16 May 1995, whilst in custody of
the National Security Agency; eight unidentified prisoners of war of
Azerbaijani nationality, who reportedly died in the Armenian Ministry of
Defence prison in Yerevan, on 29 January 1994.
Observations
49. The Special Rapporteur regrets that by the time the present report was
finalized, no reply had been received from the Government.
Azerbaij an
50. The Special Rapporteur sent the following two cases to the Government
of Azerbaijan, concerning the reported deaths of two persons after arrest:
Djavadov Rovshan Bahtiarovich, Vice-Minister of the Interior, who reportedly
died in a hospital on 17 March 1995, as a result of injuries sustained after
an alleged attack against his residence, by presidential troops;
Shamardan Jafarov, Member of Parliament, representing the opposition party
Popular Front of Azerbaijan, who reportedly died whilst in a prison hospital
in Baku, on 29 June 1995, allegedly after having been shot by the police.
Bahrain
51. The majority of the reports received by the Special Rapporteur with
regard to violations of the right to life in Bahrain were related to
demonstrations that occurred throughout the country between December 1994 and
April 1995. The demonstrations were held to ask for the release of political
prisoners, to request the reinstallation of the National Assembly, which
was reportedly dissolved in 1975, and for the Government to respect the
1973 Constitution.
Allegations transmitted
52. The Special Rapporteur sent an urgent appeal to the Government of
Bahrain, concerning the alleged killing of Nidal Habib Ahmad a-Nashaba by
security forces, during a demonstration on 4 May 1995, in al-Duraz, which was
held to commemorate the fortieth day after the killing of the 17-year-old
‘Abd a-Hamid ‘Abdullah Qassem, who was reportedly killed by security forces
on 25 March 1995. The Special Rapporteur requested information regarding both
cases, and asked the Government of Bahrain to take measures to prevent the
recurrence of similar incidents (12 May 1995) .
E/cN. 4/1996/4
page 17
53. The Special Rapporteur also sent the following 15 cases: alleged
killings by police: Mirza Ali Abdul Redha, reportedly killed by riot police
during an attack on a mosque in Jed Hafs, on 20 December 1994; alleged
killings by security forces during a demonstration: Bader Habib and
Hani al-Wasti, Hani Abbas Khamis, Haj Mirza Ali, Hussain Kanbar, Abdul Qader
Mohsin a Fatlawi, Sakina al Ghanmi and Rida Mansur A-Haji, Hussain al-Safi,
Hamid Abdulla Y. Qassim, Mohammad Jaffar Yousif Twaig and Mohammed Ali Abdul
Razaq; alleged deaths in custody: Saeed Abdul Rasool al-Iskafi, aged
16 years, who reportedly died after torture and sexual abuse on 8 July 1995,
whilst in custody in A-Khamis police station.
Follow-up
54. The Special Rapporteur sent a follow-up letter, reminding the Government
of Bahrain of the urgent appeal and the cases that had been transmitted
earlier in the year (22 August 1995) .
Communications received
55. The Government provided the Special Rapporteur with a reply to the urgent
appeal and cases sent earlier in 1995, informing the Special Rapporteur that
the allegations received were being examined and further information would be
made available as soon as the investigations were finished. The Government
stated that the violence which had occurred between December 1994 and
April 1995 was a result of foreign-backed terrorist activities. The
Government also informed the Special Rapporteur that the situation had been
quiet for some time, and that at the time when the reply was received, a
number of rallies of unprecedented size and volatility had been held without
any incident (15 November 1995) .
Observations
56. The Special Rapporteur appreciates the willingness to cooperate with
the mandate shown by the Government of Bahrain in providing him with the
above-mentioned reply. However, he wishes to express his concern about the
number of allegations he has received relating to extrajudicial, summary or
arbitrary executions that occurred in Bahrain in 1994 and 1995. He expresses
the hope that all necessary measures will be taken by the Government of
Bahrain in accordance with the Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials, in order to prevent further killings
of demonstrators. The Special Rapporteur also hopes that perpetrators of
human rights violations will not enjoy impunity and that victims will be
compensated. In addition, the Special Rapporteur expresses his deep concern
about the alleged death of a minor during detention.
Bangladesh
57. The Special Rapporteur received allegations of extrajudicial, summary or
arbitrary executions carried out by soldiers of Bangladesh against persons of
Chakma origin on several occasions in 1994. He furthermore received
information about a reported killing of a student from the Chittagong Hill
Tracts, killed by State forces during a student demonstration in March 1995.
E/CN. 4/1996/4
page 18
Allegations transmitted
58. The Special Rapporteur forwarded the following cases to the Government
containing allegations of killings of four people of Chakma origin by
soldiers: Ghana Alo Chakma, reportedly shot dead in the Rangamati District;
Lal Rijot Bawm, reportedly shot dead in the Bandarban district; Bhanu Mati
Chakma (female) , reportedly raped and stabbed to death by soldiers at an army
camp in Bamer Longadu. He also transmitted allegations concerning the death
of Umaung Prue Marma, student from the Chittagong Hill Tracts and member of
the Hill Student Council, reportedly killed on 15 March 1995 during a
demonstration in Bandarban, when State forces opened fire on the crowd.
Furthermore, the Special Rapporteur transmitted the case of one unidentified
person, allegedly a member of the Shaniti Bahini, the armed wing of the
political party Jana Sanghati Samiti (People's Solidarity Association), who
was reportedly killed by the armed forces near Bali Bazar.
Communications received
59. The Government replied in the case of the death of Gnana Alo Chakma, and
stated that this was a result of accidental firing by a soldier, against whom
unspecified disciplinary measures had been taken. The family had withdrawn
the case from the police after an investigation had been carried out by local
police and security forces, and they were awarded compensation for buying
land. The Government informed the Special Rapporteur about the death of
Lal Rijot Bawm in which investigations did not lead to identification of the
perpetrators. The family of the victim had been paid a certain amount of
money as a humanitarian grant. In addition, the Government stated that the
allegations of the killing of a member of the Shanti Bahini on 20 May 1994
were without any basis (17 August 1995) .
60. The Government acknowledged receipt of the allegations sent by the
Special Rapporteur on 13 October 1995 (8 November 1995) .
Observations
61. The Special Rapporteur thanks the Government of Bangladesh for the
information provided in its replies and hopes once more that the authorities
may reconsider their refusal to invite him to visit Bangladesh. He expresses
concern at allegations about continuing violations of the right to life in
Bangladesh, although he received only enough detailed information to act upon
in one individual case that occurred in 1995. He also remains concerned
about reports indicating that the indigenous population, in particular the
population of the Chittagong Hill Tracts, continues to be victims of violence.
With regard to the information provided by the Government concerning
compensation paid to family members of the deceased, the Special Rapporteur
would like to emphasize that such compensation could never be a substitute for
a proper judicial process. He calls upon the Government to continue its fight
against impunity and to take measures to ensure that human rights violations
do not recur.
E/cN. 4/1996/4
page 19
Belarus
62. The Special Rapporteur was informed about the secrecy surrounding the
application of the death penalty in Belarus. It was brought to his attention
that the date of execution is generally not made public, and relatives of
those convicted and sentenced are reportedly not notified in advance. The
Special Rapporteur, however, did not receive enough detailed information to
intervene in individual cases.
Observation
63. The Special Rapporteur wishes to emphasize that the right to a public
trial forms part of the standards of a fair trial. He therefore calls upon
the Government of Belarus to adapt its legislation to conform with
international standards for a fair trial.
Bolivia
Allegations transmitted
64. The Special Rapporteur transmitted to the Government of Bolivia the case
of Felipe Perez, who was reportedly killed by members of the police in
August 1994.
Communications received
65. The Special Rapporteur was informed that an estado de sitio (state
of emergency) had been declared on 18 April 1995, in accordance with
articles 111, 112 and 96 of the Constitution. It was imposed because of the
continuing strikes, blockades and acts of violence committed against persons,
property, public order and social peace, reportedly by trade union movements
and private individuals (20 April 1995) .
Follow-up
66. The Special Rapporteur sent a follow-up letter to remind the Government
that no reply had been received on the case of Felipe Perez (22 August 1995) .
By the time the present report was finalized, no reply had been received from
the Government.
Botswana
67. The Special Rapporteur received information about civil unrest and
violent confrontations which reportedly occurred in November 1994 and
early 1995. The Special Support Group (SSG) , a paramilitary force, which is
generally used in case of civil unrest, was reported to have repeatedly used
excessive force against demonstrators and other civilians who had not been
involved in any violent activities.
68. The Special Rapporteur transmitted one case to the Government of
Botswana, concerning the alleged killing of Binto Moroke, 17 years of age,
who was reportedly killed after being beaten up on 19 February 1995, by
six members of the SSG in Mochudi.
E/CN. 4/1996/4
page 20
Observations
69. The Special Rapporteur regrets to note that by the time the present
report was finalized, no reply had been received from the Government. He
appeals to the Government to take appropriate measures to prevent the
recurrence of deaths due to excessive use of force against demonstrators,
and to investigate the allegations.
Brazil
70. The Special Rapporteur continued to receive reports concerning violations
of the right to life in Brazil, particularly in the context of land disputes
in rural areas. Information about the excessive use of force by military
police against squatter peasants was also brought to his attention.
Allegations of threats and harassment of human rights workers, and
particularly members of the judiciary investigating crimes committed
by military police, have also been received.
71. Street children allegedly continue to be targeted by death squads,
reportedly composed of off-duty military and civil police officers and at
times supported by local police. In this context, it is reported that recent
jurisprudence of the Federal Supreme Court has established that in matters of
crimes against children, the competent courts are the civilian tribunals even
if the perpetrator is a military officer. However, it is alleged that only a
few of those allegedly responsible for the killings are brought to justice and
that a large number of crimes continue to go unpunished.
Allegations transmitted
72. The Special Rapporteur sent eight urgent appeals calling on the
authorities to adopt all necessary measures to guarantee the protection
of the lives of the following persons:
(a) Wagner Dos Santos, a key witness to the Candelaria massacre, after
he was reportedly found unconscious near Rio de Janeiro's railway station,
with several bullet wounds (22 December 1994) . Two other urgent appeals were
sent on his behalf, after receiving additional information that he was
subjected to threats and harassment (5 April 1995 and 11 October 1995) ;
(b) Adao Soares, Joao Andre and other members of the Macuxi indigenous
community, after tensions rose between them and the military police of the
State of Roraima over a protest at the construction of a hydroelectric dam
which may affect the Macuxi land (24 January 1995) ;
(c) Bartolomeu Homem D'El-Rei Pinto, Rutonio Jorge F. de Sant'Anna, and
other members of the AsociaQao Dos Servidores da FundaQao Biblioteca Nacional ,
after receiving death threats in relation to their investigations into the
disappearance of a colleague, Marcos Antonio Rufino da Cruz (7 April 1995) ;
(d) Public prosecutors Mauricio Assayag, Jose Muiffios Pifleiro and
judge Maria Lucia Capiberibe, who reportedly received death threats in
relation to their role in court proceedings against military and civilian
E/cN. 4/1996/4
page 21
police accused of the Vigario Geral massacre, where 21 persons were killed
(13 July 1995) . Another urgent appeal was transmitted on behalf of
Franco Canvea Jr. , Fernando C sar Nucci and Stella Kuhlmann, public
prosecutors at the military courts in Sao Paulo, after they reportedly
received death threats because of their work as prosecutors of military
police officers involved in human rights violations (3 August 1995);
(e) Caio Ferraz, administrator of Casa da Paz , in the Rio de Janeiro
shanty town of Vigario Geral, Elias Lizardo Da Cunha and other residents of
Vigario Geral, after receiving death threats and being harassed, allegedly
by police officers.
73. In addition, the Special Rapporteur transmitted the alleged cases of
extrajudicial, summary or arbitrary executions of Vanessa dos Santos Silva
(7 years old) , Nelsi Ferreira, Enio Racha Borges, Jose Marcondes da Silva,
Ercilio Oliveira de Campo, Odilson Feliciano, An Pinheiro Santos, Sergio
Rodriguez Gomes and two other unidentified persons, all of them squatter
peasants in Corumbiara, Rondonia State, reportedly killed on 9 August 1995
during a confrontation between State military police after a reported
unsuccessful attempt by military police to carry out an eviction order.
Communications received
74. The Government provided an additional reply regarding the case of
Reinaldo Silva, which had been raised with the Government in 1993. According
to the reply, a military police inquiry was opened to investigate the killing
and the case had been referred to the State military court (29 April 1995) .
75. The Government also provided information concerning Wagner dos Santos.
According to the Government, special protection by the policia militar
(military police) was granted to him 24 hours a day and he was transferred to
another hospital. According to the information received, the trial against
those accused of the Candelaria massacre would take place at the end of the
first semester of 1995. It furthermore stated that recent threats received
by Wagner dos Santos were under investigation (18 April 1995) . Additional
details on the judicial developments of the Candelaria case were also provided
to the Special Rapporteur (6 July 1995) . Furthermore, in a communication
dated 15 November 1995, the Government reiterated that Wagner dos Santos was
under police protection.
76. Concerning death threats received by prosecutors Mauricio Assayag,
Jose Munhoz Pinheiro and judge Maria Luiza Capiberibe, the Government declared
that they had been put under police protection (21 July 1995) .
77. Regarding the violent events which took place in Santa Elina estate, in
Corumbiara, Rondonia, the Special Rapporteur was informed that the Government
of the State of Rondonia ordered the opening of a police inquiry to determine
whether criminal actions had been committed and, if this was the case, to
identify those responsible. A military police inquiry was also ordered to
examine the legality of the behaviour of police involved in the operation.
According to the Government, despite the fact that inquiries are under way, it
appears that there was a “loss of control and arbitrariness on the part of the
soldiers”; however, definite conclusions can be drawn only after the
E/CN. 4/1996/4
page 22
investigations have been concluded. The Government also reported that the
Secretary of State for Public Security of the State of Rondonia, who was
considered to be principally responsible for the operation, has been removed
from office (2 October 1995 and 16 November 1995) .
Follow-up
78. The Special Rapporteur thanked the Government for the replies
provided and requested more details about the proceedings in the case of
Reinaldo Silva, and the status of inquiries into the threats received by
Wagner dos Santos. The Special Rapporteur also reminded the Government of
the cases for which a reply had not yet been received (22 August 1995) .
Observations
79. The Special Rapporteur wishes to thank the Government of Brazil for the
willingness to cooperate with his mandate and welcomes the progress made so
far by the Government in its fight against impunity. He remains concerned,
however, at the allegations about violations of the right to life in the
context of land conflicts and “social cleansing” . Precedents regarding
the competence of civil tribunals in cases of killings of street children
committed by police officers are highly welcome. Nevertheless, he wishes to
emphasize that reports of endemic impunity continue to reach his office. In
this connection, he wishes to remind the Government of its obligation under
international law to bring those responsible for human rights violations to
justice and urges the Brazilian authorities to increase their efforts to put
an end to impunity, particularly by law enforcement officials.
80. The Special Rapporteur is particularly concerned about the allegations of
harassment of members of the judiciary, prosecutors, lawyers and witnesses of
human rights violations. He calls on the authorities to take all necessary
measures to ensure that those involved in the judicial process may exercise
their functions freely under the protection of the State without being
subjected to intimidation, in accordance with the guarantees contained in
the Basic Principles on the Role of Lawyers, the Guidelines on the Role of
Prosecutors and the Basic Principles on the Independence of the Judiciary. In
particular, he expresses deep concern in respect of the threats and attacks
continuously suffered by Wagner Dos Santos, witness of the Candelaria
massacre, particularly as such attacks took place while he was already under
State protection.
Bulgaria
81. The Special Rapporteur sent the following two cases to the Government
of Bulgaria, concerning allegations of extrajudicial, summary or arbitrary
executions: Angel Angelov, of Roma origin, reportedly shot dead on
20 March 1995 by a police officer in the Roma neighbourhood of Nova Zagora,
in the district of Sliven; Lyubcho Sofiev Terziev, also of Roma origin, who
reportedly died on 6 August 1994 at the police station of Kazanluk, while in
police custody.
E/cN. 4/1996/4
page 23
Observations
82. The Special Rapporteur regrets that at the time of the finalization of
the report, no reply had been received from the Government. He expresses
concern about reports indicating that persons belonging to the Roma minority
are the main victims of police violence, in particular of violations of the
right to life. He calls upon the Government to take measures to prevent the
occurrence of such violations, to investigate the allegations, and to provide
victims with appropriate compensation.
Burkina Faso
83. The Special Rapporteur sent the following two cases to the Government
of Burkina Faso, concerning alleged violations of the right to life of
two persons, both students: Blaise Sidiani, 18 years old and Emile, 14 years
old, allegedly killed during a demonstration by members of the security forces
in Garango, on 9 May 1995.
Observations
84. The Special Rapporteur regrets that by the time the present report was
finalized, no replies had been received from the Government. He urges the
Government to take the necessary steps in order to prevent deaths due to the
excessive use of force by security forces against demonstrators as referred
to above. He wants to express his deep concern at the death of two young
schoolboys under such circumstances in Garango. He calls upon the Government
to take immediate steps to investigate the allegations, to prevent their
recurrence and to provide compensation to families of the victims.
Burundi
85. The Special Rapporteur undertook a visit to Burundi from 19
to 29 April 1995 to examine violations of the right to life in that country.
The findings, conclusions and recommendations of the Special Rapporteur can be
found in the first addendum to the present report (E/CN.4/1996/4/Add.1) . The
Special Rapporteur's visit, which was conducted within the framework of his
mandate, involved the examination of issues concerning violations of the right
to life in that country.
86. For an in-depth analysis of the human rights situation in Burundi, 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 that
country (E/CN.4/1996/16) .
Allegations transmitted
87. The Special Rapporteur sent four urgent appeals to the Government of
Burundi. He urged the authorities to ensure effective protection of the right
to life of: De6gratias Sindaruhunga, of Hutu ethnic origin, reportedly
arrested and transferred to a military camp in Bubanza where he was allegedly
at risk of being killed (6 January 1995); civilian population targeted for
ethnic killings, after receiving information that a large number of
civilians had been killed in the context of disarmament and military
E/CN. 4/1996/4
page 24
operations, specifically in the Ewiza, Buyenzi, Kinama and Kamenge suburbs of
Bujumbura (12 June 1995 and 28 August 1995); Burundi and Rwandese refugees,
after receiving information that they were being forcibly returned to Burundi
by Tanzanian security forces, where they could risk summary execution.
The same appeal was sent to the Government of the United Republic of
Tanzania (6 July 1995) . This urgent appeal was jointly sent with
Mr. Nigel Rodley, Special Rapporteur on the question of torture.
Observations
88. The Special Rapporteur regrets that to date, no comment has been received
from the authorities of Burundi to his report on the situation of the right to
life in the country. It is therefore not known what measures have been
adopted by the Government to implement the recommendations made by the
Special Rapporteur after his visit.
89. The Special Rapporteur considers that the human rights situation in
Burundi continues to be extremely serious, and are related to the prevailing
abuses against the right to life which have taken root among Tutsi and Hutu
communities, the infernal spiral of violence into which Burundi has been
plunged, and impunity. Pervasive violence generated by armed militia and
bands are also indicators of the general deterioration of the situation and
the prevalent insecurity in Burundi. Violence is exacerbated by media
incitement to racial hatred, particularly in the written press. Paralysis of
the State institutions, specifically the judiciary, is generating impunity and
continuation of violations.
90. The failure to take concrete measures with immediate effect by either the
Burundian authorities or the international community in order to put an end to
this violence and prevent its degeneration into genocide has also contributed
to shaping the situation.
91. The Special Rapporteur welcomes the nomination by the Commission on Human
Rights of a Special Rapporteur on the situation of human rights in Burundi,
Mr. Paulo Sergio Pinheiro, and hopes that efforts by national authorities and
the international community will help reduce the level of violence and lead to
a climate of peace and security.
92. The Special Rapporteur is convinced that the situation in Burundi cannot
be tackled in isolation and must be considered within the context of the
regional conflicts which affect the countries of the Great Lakes region. For
this reason he recommends extension to Burundi and to the whole Great Lakes
region the field of competence of the International Tribunal on Rwanda. In
this context, he would like to express his dismay at the grave and disturbing
situation of Rwandese and Burundian refugees in Zaire, and appeals to the
international community and the concerned Governments to find a solution to
the problem, which is increasingly affecting the fragile situation in the
central African region.
Cambodia
93. Reports received from sources in 1995 expressed concern about the
weakness of the judicial structure in Cambodia as well as impunity enjoyed by
E/cN. 4/1996/4
page 25
the military and security forces regarding human rights violations committed
by them. The Special Rapporteur received allegations about intimidation of
the judiciary by police and military officers, in order to thwart due process
of law. With regard to an analysis of the situation prevailing in Cambodia,
reference is made to the report of the Special Representative of the
Secretary-General on the situation in the country (E/CN.4/1996/93) .
Allegations transmitted
94. The Special Rapporteur sent one urgent appeal to the Government of
Cambodia, upon receiving reports in which fears had been expressed for the
life and physical integrity of the staff of the newspaper Preap Norm Sar after
journalist Chan Dara had reportedly been killed on 8 December 1994. According
to the source he had previously been threatened by the military of
Kompong Cham, a threat which was presumably related to his investigation into
the illegal participation of the military in the trade in wood in the
province (22 December 1994) .
95. The Special Rapporteur also sent to the Government of Cambodia the
following 15 cases, 7 of which were related to violations of the right to life
committed by members of the S-91 Unit, the Special Investigation Bureau of the
Fifth Military region: alleged killings by armed forces: Hun Sourn,
reportedly killed by 4 soldiers of the Forces arm es populaires cambodgiennes
in Youk-Lang; Mov Ving and Neth Thong, whose families have reportedly been
receiving death threats, were reportedly killed in Kach Char village; alleged
killings by members of the Bureau d'intelligence militaire special S-91 :
Lim Tree, reportedly tortured and killed in Anlongvil Village; Mr. Dam,
reportedly shot dead in Kampong Ko village; Thoeun Chen, reportedly killed in
Rohae village; 3 unidentified persons, reportedly killed in Tuol Daeum Thnaot
after being kidnapped by members of the Bureau d'intelligence militaire
special KO-1 ; So Ngy, reportedly shot dead in Cheu Kmau; Sous Saveun,
reportedly killed in Cheu Kmau; Kouang, reportedly killed in Chei Kmau;
alleged killings by military police: Ang Kouy, leader of the political party,
Front uni national pour un Cambodge independant, neutre, pacifigue et
cooperatif (FUNCINPEC), and his nephew Yin Nhath, reportedly killed in
Borivas, Kampot Province; other alleged killings: Nuon Chan, editor of the
newspaper Samelng Yu Vachun Khmer , reportedly killed by unknown individuals in
Wat Phnom, Phnom Penh, after being put under surveillance allegedly for
publicizing articles about the corruption of authorities.
Observations
96. The Special Rapporteur regrets that by the time this report was
finalized, no reply to the allegations transmitted had been received from the
Government.
Cameroon
97. The Special Rapporteur sent a letter to the Government of Cameroon
on 22 August 1995, reminding it of an urgent appeal which had been sent to
the Government on 7 March 1994, concerning the civilian Arab population in the
E/CN. 4/1996/4
page 26
region of Logone and Chari, as well as of the case of Cyprian Tanwie Ndifor,
sent to the Government on 3 June 1993, to which no reply was received (see
E/CN.4/1995/61, para. 85).
Canada
98. During 1995, the Special Rapporteur transmitted the cases of
Nicholas Cotrell, 15 years old, and George Dudley, reportedly killed by the
Ontario Provincial Police (OPP) on 6 September 1995. It was alleged that
the OPP opened fire on a group of unarmed Pottawatimi and Ojibway men, women
and children who were defending a sacred burial ground located in Ipperwash
Provincial Park, Ontario.
99. The Permanent Mission of Canada to the United Nations informed the
Special Rapporteur that Canadian federal authorities have sought information
from the competent authorities of the Province of Ontario which will be
provided shortly to the Special Rapporteur (24 November 1995) . Furthermore,
the Government informed the Special Rapporteur that on 6 September 1995, a
confrontation between the occupiers of Ipperwash Provincial Park took place.
According to the Government, police officers who were responding to the
confrontation were fired upon and they returned fire. As a result of the
incident, George Dudley died and Nicholas Cotrell was injured and subsequently
taken to the hospital, from where he was released shortly afterwards. In
addition, the Government stated that the incident is currently being
investigated by the Special Investigation Unit (25 November 1995) .
Observations
100. The Special Rapporteur urges the Government to investigate such
disturbing allegations, identify and bring the perpetrators to justice and
compensate the families of the victims.
Central African Republic
101. On 22 August 1995, the Special Rapporteur sent a letter to the Government
of the Central African Republic, as a reminder of the urgent appeal concerning
the cases of Dieudonn Kalanga Belly, Antoine Metende, Alain-Issac Gbalele and
Boris Barnab Wili Bona, which had been sent to the Government in 1994
(E/cN.4/1995/61, para. 86).
102. At the time of the finalization of the report, no reply had been received
from the Government.
Chad
103. The situation in Chad reportedly remained tense, particularly in the
south, where rebel groups were said to be operating. Counterinsurgency
operations and reprisal attacks against the armed opposition were alleged to
be resulting in violations against the civilian population. Several sources
expressed their concern about the continuing climate of impunity, particularly
for security forces, allegedly responsible for a variety of human rights
violations including large-scale extrajudicial executions in the aftermath of
the coup d'etat in 1990. Some 1,500 civilians were alleged to be the victims
E/cN. 4/1996/4
page 27
of extrajudicial killings by the army since 1990, in particular by the
Garde r publicaine (Republican Guard) . This is due to a general breakdown in
the judicial system which has made prosecution of these crimes impossible.
104. In addition, the Special Rapporteur received reports about the current
situation which seems to result in a two-track army, with an inadequately
equipped regular army, and a very well-equipped Garde r publicaine enjoying
the support of the President of the Republic. The transitional Government,
established in 1993, has declared a commitment to abolish the climate of
persisting human rights violations. However, hardly any progress seems to
have been made particularly in relation to the reform or reinforcement of the
judicial system. Moreover, the transitional Government was reported to have
created a National Security Agency, with direct responsibility to the
President, which, in practice, allegedly repressed civilians and political
opponents.
105. The Special Rapporteur, however, did not receive enough detailed
information to be able to send any concrete cases of violations of the right
to life that occurred in 1995 in Chad.
Allegations transmitted
106. The Special Rapporteur sent an urgent appeal to the Government of Chad
with regard to the reported death sentence handed down in November 1994 on
Yachoub Issaskha by the Cour criminelle d'2II ch , allegedly after an unfair
trial (20 January 1995) .
107. The Special Rapporteur also forwarded the following 4 cases to
the Government of Chad, concerning the alleged killing of 4 identified
and 200 unidentified persons: Alleged killings by members of the
Garde r publicaine : Ahmat Ali, reportedly killed in January 1994 in 2II ch ;
Abbas Koty Yacoub, President of the Conseil national de Redressement and
member of the opposition, reportedly killed on 22 October 1993; alleged
killings by the armed forces: Adoum Mahamat, his brother and 200 unidentified
civilians, reportedly killed in January 1994 in 2II ch by members of the armed
forces.
Follow-up
108. On 22 August 1995, the Special Rapporteur sent a letter of reminder to
the Government of Chad in respect of the urgent appeal which had been sent
on 20 January 1995 and to which he had not received a reply.
Observations
109. The Special Rapporteur regrets that by the time the present report
was finalized, no reply had been received from the Government. The
Special Rapporteur remains concerned that extrajudicial, summary or arbitrary
executions continue to be carried out, in particular by security forces which
seem to operate with virtual impunity. He is deeply concerned about the
apparent lack of the rule of law in Chad, and calls on the Government to
ensure that investigations into the allegations are carried out and that
security forces fully respect the limitations and restrictions on the use of
E/CN. 4/1996/4
page 28
force and firearms, as contained in international instruments. Furthermore,
the Special Rapporteur calls upon the Government of Chad to take all possible
measures for the establishment of an effective independent judicial system in
the country.
Chile
Allegations transmitted
110. The Special Rapporteur transmitted the case of Nelson Riquelme Albornoz,
a 16-year-old student, reportedly killed by the police on 11 September 1995
during a demonstration in Santiago de Chile.
Communications received
111. By letter dated 28 November 1994, the Government of Chile provided
information concerning the case of Carmelo Soria Espinoza, Spanish citizen and
staff member of the United Nations Centre for Demography in Latin America,
reportedly killed in 1976 by members of the former Direcci6n de Inteligencia
Nacional (DINA) Directorate of National Intelligence. According to the
Government, investigations had stopped in 1979 due to lack of evidence.
Judicial inquiries were resumed, however, in 1991 and the case was terminated
in 1993, after confirmation by the Supreme Court of an amnesty granted to
eight military officials by the military tribunal. Following an appeal by the
victim's family to the Supreme Court, the case was reopened in 1994. Judicial
proceedings are still under way. A compensation of US$ 307 per month has been
granted to the victim's widow.
Observations
112. The Special Rapporteur welcomes the confirmation of the conviction of
General Manuel Contreras Sepi lveda and Brigadier General Pedro Espinoza, by
the Supreme Court early in 1995, for having ordered the car-bomb murder
in 1976 of Chilean official Orlando Letelier. The Special Rapporteur
considers that the implementation of the sentence, although a beginning in the
Government's efforts to fight impunity, is not commensurate with the
large-scale human rights violations committed in Chile under the regime of
General Pinochet.
China
113. The Special Rapporteur continued to receive reports relating to the
application of the death penalty in China, in which concern was expressed
at the large number and broad range of crimes subject to capital punishment,
which included non-violent offences. According to the information
received, 2,496 death sentences and 1,791 executions were recorded in 1994.
The Special Rapporteur has also been informed that in death penalty cases,
lawyers, when available, usually have no more than two days to prepare the
defence. Allegedly, death sentences are often decided upon in advance of the
trial by “adjudication committees”, whose decisions reportedly are rarely
challenged by the courts. Allegations have also been received, according to
which the death penalty tends to be imposed disproportionately on people of
low social standing who do not have access to a proper legal defence.
E/cN. 4/1996/4
page 29
114. It has also been reported that executed prisoners are being used as a
source of supply of body organs for medical transplantation. In this context,
the Special Rapporteur received alarming information according to which
execution procedures prescribed by Chinese law are sometimes violated in order
to facilitate harvesting of prisoners' organs. In this connection, it has
been reported that some of the executions carried out are deliberately
mishandled to ensure that prisoners are not yet dead when their organs are
removed. These allegations were transmitted to the Government by letter
dated 22 August 1995.
Allegations transmitted
115. The Special Rapporteur sent seven urgent appeals expressing fear for the
lives and physical integrity of the following persons: Wang Dan, former
Tiananmen Square student leader, reportedly threatened with death by Chinese
police allegedly because he had sued the Beijing Public Security Bureau for
violating his right to privacy and personal freedom (19 December 1995);
Gao Yu, journalist, serving a six-year sentence in prison, reportedly
denied necessary medication for heart disease (25 January 1995) ;
Lodroe Gyatso, of Tibetan origin, imprisoned in Drapchi prison, reportedly
sentenced to death after having been accused of shouting pro-independence
slogans in prison (7 June 1995); Wang Jianye and Shi Yanqing, reportedly
scheduled to be sentenced to death for economic offences (28 August 1995
and 28 September 1995); Luo Guohong, reportedly sentenced to death for
embezzlement by a court in Guangdong province (2 November 1995) .
116. In addition, the Special Rapporteur sent another urgent appeal expressing
fear that the number of executions might increase prior to the Fourth World
Conference on Women. In his urgent appeal he referred to the fact that on 10
and 16 August 1995, at least 26 persons were executed, to ensure “public
order” during the Conference. He made special reference to Wang Yuming,
Zhang Zhejun, Xie Qiusheng, Pan Yongli, Jiao Zengtian and Kong Zhong,
reportedly executed at a large public rally immediately after their hearing,
apparently without granting the right to appeal (23 August 1995) .
117. Furthermore, the Special Rapporteur urged the authorities to investigate
the following cases of alleged deaths in custody: Gyaltsen Kalsang, alias
Kalsang Dolma Gangong, a 24-year-old Tibetan nun who reportedly died in
Drapchi prison as a result of beatings sustained during imprisonment;
Tashi Tsering, a Tibetan monk who reportedly died as a result of ill-treatment
sustained whilst serving a seven-year prison term at Drapchi prison;
Cherub Ngawang, a 15-year-old a Tibetan nun who reportedly died at her home
three months after her release from Trisam Re-education through Labour camp,
as a result of ill-treatment suffered in custody; Zheng Musheng, who died
while in custody at Dongkou County Public Security Bureau eight days after his
arrest.
118. The Special Rapporteur also transmitted the case of Tamdin Tsering, 26,
reportedly beaten to death by four Chinese forest officers for unknown
reasons.
E/CN. 4/1996/4
page 30
Communications received
119. The Government provided several replies concerning cases transmitted
in 1994 and 1995. Regarding the case of the deaths of 24 tourists from Taiwan
and 8 crew members of the pleasure boat Hai Rui , the Government informed the
Special Rapporteur that it was a case of robbery and murder. According to the
Government, three persons, namely Wu Lihong, Hu Zhihan and Yu Aijun, allegedly
boarded the boat and after robbing and forcing passengers into the lower cabin
they set fire and sank the boat. On 17 April 1994, the three suspects were
arrested and on 10 June a public hearing was initiated. The three admitted
their guilt and were sentenced to death. The death sentences were carried out
on 19 June 1994 (15 December 1995) .
120. Concerning the case of Gao Yu, the Government replied that upon her
entrance into prison she was given a physical check-up but no symptoms of
heart disease were diagnosed. She was, however found to have high blood
pressure which was corrected by medication. The Government confirmed that she
was currently in good health.
121. Concerning the case of Wang Dan, the Government stated that allegations
contained in the Special Rapporteur's urgent appeal were unfounded. According
to the reply received, Wang Dan has enjoyed all fundamental rights and
freedoms accorded by law to a Chinese citizen. It was stated that the Chinese
Department of Public Security had not restricted his personal freedom and had
never threatened him (5 May 1995) .
122. The Government also provided information regarding the case of
Lodroe Gyatso, and stated that the allegations transmitted were inaccurate.
Lodroe Gyatso was sentenced to 15 years' imprisonment for deliberate homicide
and to a further period of 6 years for his subversive activities while in
prison. As he did not appeal when the sentence was announced, the judgement
had entered into force. Lodroe was serving his term in a Tibetan prison and
was in good health. It was further stated that he was never beaten by prison
staff while in detention (3 August 1995) .
Follow-up
123. The Special Rapporteur thanked the Government for the replies provided
and sought further clarification with regard to the Qindao Lake incident
after having received additional information from the source. The
Special Rapporteur also expressed concern at information received regarding
capital punishment in China (22 August 1995) .
Observations
124. The Special Rapporteur wishes to thank the Government of China for the
detailed replies provided. Nevertheless, he continues to be concerned about
allegations of unfair trials, and in particular a lack of respect for
safeguards and guarantees for the protection of those facing capital
punishment in China. He expresses his dismay at reports concerning an
increase in the number of executions, including public executions, which
reportedly took place before the Fourth World Conference on Women.
E/cN. 4/1996/4
page 31
125. In view of the alarming allegations received, the Special Rapporteur
reiterates his interest in visiting China, to study in situ questions
relating to the right to life. The Government has not yet replied to the
Special Rapporteur's inquiries, which were sent in November 1992,
September 1993, September 1994 and August 1995, regarding the proposed visit.
Colombia
126. Information brought to the attention of the Special Rapporteur
during 1995 reflects that the situation in Colombia has basically not
changed since the last visit undertaken jointly in October 1994 by the
Special Rapporteur on extrajudicial, summary or arbitrary executions and the
Special Rapporteur on the question of torture. Violations of the right to
life, which mainly occurred in the context of an armed conflict between the
Government and the guerrillas, continue to be reported on a daily basis.
Endemic violence by the military, paramilitary groups and the guerrillas
continue to cost tens of thousands of lives every year. Information provided
by non-governmental organizations suggests that the army and national police
may be responsible for approximately 50 per cent of the killings, the
guerrillas for about 25 per cent and paramilitary groups for up to
18 per cent. Civilians, community leaders, human rights activists and
political activists appear to be the most common victims.
127. According to the information received, there are an
estimated 130 paramilitary groups which reportedly act with the support of
powerful landowners, business organizations and drug cartels. It is alleged
that they cooperate closely with the Colombian police and military and tend to
operate in regions under military control. It has also been alleged that
members of the security forces and paramilitary groups continue to commit
violations of human rights with virtual impunity and that only rarely are
perpetrators brought to justice. Moreover, it is alleged that many of those
responsible for violations of the right to life continue to remain in active
service in the armed forces.
Allegations transmitted
128. During the period under review, the Special Rapporteur
transmitted 24 urgent appeals to the Government of Colombia, as well
as 156 allegations of violations of the right to life. That country continues
to receive the highest number of communications sent to a Government under the
mandate of the Special Rapporteur.
129. The urgent appeals concerned fears expressed by the Special Rapporteur
for the lives of the following persons:
(a) Fears were expressed for the lives of the following human rights
lawyers:
(i) Luis Guillermo Perez Casas, Alirio Uribe Muffioz,
Eduardo Carreflo Wilches, Reinaldo Villalba Vargas,
Pedro Julio Mahecha Avila, Rafael Barrios Mendivil and
E/CN. 4/1996/4
page 32
Katia Karma NiLO Vargas, members of the Corporaci6n
Colectivo de Abogados “Jose Alvear Restrepo” ,
after receiving death threats (7 December 1994
and 20 January 1995);
(ii) Hernando Ordoffiez and Juan Jose Landinez Landinez (human
rights lawyers from Bucaramanga, region of Santander) , after
reportedly receiving death threats by a paramilitary
group (22 August 1995) ;
(iii) Serious fears were also expressed for the lives of members of
the Comit de Solidaridad con los Presos Politicos (CSPP) in
Ci cuta, following the murder of Javier Alberto
Barriga Vergel, member of the CSPP and the Corporaci6n
Colectivo de Abogados “Jose Alvear Restrepo” (22 June 1995) ;
(b) Fears were expressed for the lives of members of the
opposition parties Uni6n Patri6tica (UP) and Partido Comunista de
Colombia (PCC) following the murder of Rodrigo Florez, member of UP and
PCC (7 December 1994) :
(i) Tirso Velez, mayor of the town of Tibu for UP, after he
allegedly suffered several attempted attacks against his life
by members of the armed forces (15 December 1994) ;
(ii) Hern n Mota Mota, member of the Colombian Congress for UP
after receiving death threats (16 October 1995) ;
(c) The following trade union leaders reportedly received death threats
from members of the security forces:
(i) Jesi s Antonio Gonzalez Luna, Vice-President of the Central
Unitaria de Trabaj adores (CUT) , his wife Gloria Marina
Gonzalez Jaramillo and his son Daladier GonIIlez Jaramillo
who received death threats from members of the Servicio de
Investigaciones Judiciales e Inteligencia (22 June 1995) ;
(ii) Domingo Rafael Tovar Arrieta and Jorge Ortega Garcia,
members of the Junta Nacional de la Central Unitaria de
Trabajadores (17 August 1995);
(d) The following trade union members reportedly received death threats
from paramilitary groups:
(i) Miguel Alberto Fernandez, Jose Dario Delgado Martinez,
Oscar Alirio Sanchez, Fernando Dorado, Victor Collazos,
Walter Aldana (7 December 1994) ;
(ii) CUT member Domingo Rafael Tovar Arrieta, Jorge Ortega and
Luis Garz6n, and Salom6n Ayala, Rafael Cabarcas, Carlos Cano,
C sar Carrillo, Luis Galindo, Jorge Gamboa, Luis Garz6n,
Gustavo Guti&res, Hernando Hern ndez, Nicodemus Luna,
E/cN. 4/1996/4
page 33
Alfonso Martinez, Edgar M6jica, Fredy Pulcio, Fernando
Ramirez, Ram6n Rangel, Daniel Rico, Alvaro Solano, Rail Vaca,
and Neftali V squez (16 October 1995) ;
(iii) Jesi s Alfonso Ruiz, Amparo Echevarria, Guillermo C rdenas and
other leaders of Federaci6n Unitaria de Trabaj adores de
Antioguia (25 October 1995) ;
(iv) Ana Julia Becerra, Alejandro Bernal, Mauricio Carvajal,
Ivan Ferreira, Yuly Gonzalez, Enrique Hern ndez, Jose Junco,
Doris Jurado, Alvaro Pulido y Edgar Rodriguez, trade
union leaders of the Union de Empleados Bancarios
(26 October 1995) .
(e) Fears were also expressed for the lives of the civilian population
of the following towns or regions:
(i) In the town of Bajo Simacota, region of Santander, after a
reported increase in violence and intimidation against local
farm workers by army counterinsurgency forces. In the same
urgent action the Special Rapporteur mentioned the alleged
murder of Alexis Orozco Hern ndez, aged 16, by
counterinsurgency forces in November 1994 (15 December 1995) ;
(ii) In the municipality of Segovia, after receiving reports
suggesting an increase in military activity in the
region (20 April 1995) ;
(iii) In the region of Magdalena Medio, after a reported increase
of human rights violations perpetrated by a paramilitary
group called Los Masetos . In the same urgent appeal, the
Special Rapporteur referred to the killing of Jose Vicente
Rueda and acts of intimidation against other local
people (30 October 1995) ;
(f) The following human rights activists and community leaders received
death threats:
(i) The names of Jorge Enrique Illera Dodino, human rights
activist, Oscar Becerra, community leader, and other civic
and community leaders working in the municipalities of
Convenci6n and El Carmen reportedly appeared on a death list
allegedly drawn up by the Departamento Administrativo de
Seguridad (DAS) (2 February 1995) ;
(ii) Osiris Bayter Feriaz, President of the Corporaci6n Regional
para la Defensa de los Derechos Humanos (CREDHOS) , Evangelina
Mann Rueda, Ram6n Rangel and Pablo Javier Arenales, all
members of CREDHOS, allegedly received death threats (13 July
1995) ;
E/CN. 4/1996/4
page 34
(iii) Members of the Movimiento de Integraci6n Civico Comunal de
Pailitas received death threats after Jairo Barahona Martinez
and Ernesto Fernandez Fezter, members of the Movement, were
killed (6 March 1995) ;
(iv) Teresa Mosquera and other members of the Comit Civico de
Derechos 1-lumanos del Meta were allegedly threatened twice
(22 March 1995 and 18 October 1995);
(v) Elibardo Galvis Barrera, member of the Movimiento de Acci6n
Comunitaria de Aguachica , received death threats after the
killings of his brothers and fellow members, Jesi s Emilio and
Luis Tiberio Galvis Barrera (29 September 1995);
(g) Members of the Ascanio, Quintero and Perez Guerrero families
received death threats after Alirio L6pez Quintero, Ram6n David Ascanio,
Ram6n Eli Ascanio and Carmen Emiro Ascanio were reportedly shot dead by armed
men believed to belong to a paramilitary group operating in the region
(31 March 1995) ;
(h) Carlos Emilio Ramirez Montoya received death threats following
press articles in which he was accused of being a member of the guerrilla
organization EUrcito de Liberaci6n Nacional (16 June 1995) .
130. In addition, a joint urgent appeal expressing fears for the safety of the
civilian population of Segovia and Remedios, Antioquia, was transmitted
together with the Special Rapporteur on the question of torture, following an
increase in military, police and paramilitary activity in the area. This
joint urgent appeal also expressed fears for the safety of Marco Albeiro
Valencia Duque, minor, Gildardo Jesi s I-Ienao Fernandez and Giovani C rdenas
after being harassed and threatened by members of the armed forces and the
police (23 October 1995) .
131. The Special Rapporteur transmitted 156 allegations of extrajudicial,
summary or arbitrary executions. The majority of the allegations transmitted
reportedly occurred in 1994. The main victims included indigenous leaders,
members of political parties and peasants. Among those killed, six were
minors. In most of the cases the deceased were described as guerrillas killed
during an encounter with the army. In this context, the Special Rapporteur
transmitted to the Colombian Government allegations he had received concerning
the extrajudicial, summary or arbitrary execution of the following persons:
(a) The following were reportedly killed by members of the Colombian
armed forces:
E/cN. 4/1996/4
page 35
(i) Indigenous leaders: Ivan Hurtado Mesa (member of the P ez
indigenous group) and Alvaro Cruz Ramos; Nacianceno Gindrama
(member of the Embera tribe and governor of the indigenous
community of Pichinde);
(ii) Peasants: Santiago Solano Le6n, Jose Peffia and Eli Bernal
Alarc6n; Pablo A. Buitrago Barrera, peasant activist;
Hugo Sanchez, Angel De Jesi s Ariza, Alvaro Blanco and
Edilia Ortega; Luis Quintero Sanchez, Ram6n Quintero Sanchez,
Naum Elias Sanchez Vega and Ram6n Sanchez Sanchez, peasants
from the same family; tJbaldo Cuello Cuello; Jairo Zapata
Bonet; John Osorno; Nelson Albino Quecho and Carlos Alfonso
Albino Quecho (aged 17); Francisco Sierra Benitez (aged 17) ;
Lusbin Tobon Pinto; Ramiro Valenzuela Sepi lveda and
Beatriz Elena Morales Henao;
(iii) Political activists: Alexi Mauricio Gelves Rivera,
Henry Molina; Gustavo Jaramillo, Leovigildo Castellano,
Dumar Castellano, Jose Ignacio Guti&rez (members of UP) ;
Enrique Buendia and Ricardo GonIIlez (political activists of
the Corriente de Renovaci6n Socialista ; Rodrigo Montes Romero
(member of the Partido de Oposici6n y de Renovaci6n
Socialista ) and Fernando G6mez Barrios;
(iv) Others: Hector Ivan Holguin Lopera; Jesi s Carmona Chaverra;
Sai l Hern ndez Mendoza, Director of the Sindicato de
Trabaj adores Hospitalarios and two unidentified persons;
Laudwin Tarazona Gallardo, Daniel Gallardo Jaime and Jesi s E.
Castellanos Herrera; Hugo Triviflo Vargas (14 years old) ;
Nelson Dario Bernal; Enrique Mendoza and Manuel Perez
(mentally retarded) ; Jose Antonio Saenz Ramirez and Edilio
Le6n Contreras; Carlos Hern n Gonzalez Orejarena;
Jose Concepci6n Perez Llanez; Ivan Carlos Nieto Nucua;
Omar Quintero Lozano and German Garcia Vergara; Enrique Neuza
and G. Patino; Julio Cesar Poello and Jose Dominguez Carreflo;
Antonio y Oriol de Jesi s Echeverry; Manuel G. O'Meara
Miraval; Anibal Sosa Criado and four others; Alvaro Moreno
Moreno; Luis Alberto, Quintero Peffiate; Mann Peffiaranda;
Bernardino Prieto, Eugenio Prieto, Horacio Prieto,
Jacinto Zea and Arlemey Montoya; Ingri Marcela Morales,
Tern (aged 3) and Lilian Arenas Morales (aged 7);
Javier Apache; Damaso JIItonio Gomez Ruiz; Alejandro Sibaja
Estrada (member of the City Council of Necocli and President
of the Junta de Acci6n Comunal ) , Gabriel Angel Zapata
Londoflo, Abel Ramos Enamorado and Ninfa Pastrana Vasquez;
Paula Chantre Lame; Octavio Carabali Holguin, John Jairo
Cortes Salazar and Fernando Velez; Eliecer Jaraba Gil;
Jacinto Arrieta Roque; Jesi s Antonio Velandia Miranda and
Miguel Acosta Torres; Carlos Gustavo Arizola Delgado; Gerardo
Lievano Garcia (former trade union leader) ;
E/CN. 4/1996/4
page 36
(b) The following were reportedly killed by members of paramilitary
groups:
(i) Indigenous leaders: Francisco Mi gica (member of the
WiWa-Arzario tribe and leader of the Guamaka community);
Manuel Narciso Bolaflo Suarez, Clemente Mendoza,
Hernando Solano, Ferneno Alvarez Conde, Hector Aquiles
Nab Vergara, Luis Arturo Lucas Polo and C sar Mesa Cruz
(leaders of the Zenu indigenous community) ; Misael Bocanegra
Malambo (member of the Pijao tribe belonging to the Aico
community) ;
(ii) Peasants: Edwin L6pez, Eliecer Solera, N.N. Evangelista and
Patrocinio Jim nez, (reportedly killed by a paramilitary
group named Los Tangueros ) ; Santander Remoredos Cuadrado;
(iii) Political activists: Pablo E. Canario (political activist
and candidate to the town hall in Villagarzon municipality,
region of Putumayo) ; Jose Vicente Prieto Pefluela (member of
UP) and his brother Miguel Cano Velez; Amparo Viela (leader
of the Frente de Izguierda Liberal Aut ntica and director of
electoral campaign for the mayor of Puertoparra) ;
(iv) Others: Rubel Gonzalez; JIItonio Navarro; Victor Manuel
Madrid and his son, Luis Ignacio Madrid; Hermes Rand6n Ochoa,
human rights activist; Estanislao Padilla Ortega, Roberto
Padilla Ortega, Baldomiro Padilla Ortega and another
identified as ‘el Manco”; Blanca Cecilia Jim nez Contrera (a
deaf 12-year-old girl) ; Javier Angarita, Daniel Barboza and
Sai l Parra; Lucia Cordoba Cobanzo and Anibal; Aura Vasco
Restrepo, and Arquimides Salas Vasco; Luis Erasmo Acosta
Robayo; Daniel Rodriguez, Constantino Carrillo,
Enrique Rol6n, Orlando Mora, Carlos Jose Navarro;
Jairo Alberto Llano Yepes and Sergio Bolaffios, members
of the Asociaci6n de Municipios del Nordeste Antiogueflo ;
Querubin Quintero Ramos and Roberto Ruiz;
(c) The following were reportedly killed by the national police:
Estin Payares Arrieta; Wilson Albarracin Hern ndez; David Castaffieda Flores and
Oscar Leal Nino; Oscar Palmett Schmalbach (reportedly killed by members of the
DAS); Nel Maria Chito; Maria Antonia Castaflo and Maria Isabelina Giraldo;
Miguel Eduardo Rodriguez Medina; Luis Emilio Mejia Suarez (peasant);
Orlando de Jesi s Durango; Jesi s Daniel Lascarro Maderas; Eduardo Ramirez
Pinto; Franklin Gomez (allegedly killed by police in detention) ;
(d) The following were reportedly killed while in custody or died
shortly after release: Alvaro Diaz, who died in the Ramon Gonzalez Valencia
Hospital as a result of ill-treatment by a police officer; Jorge Eli Carmargo
Molina, reportedly killed while in custody in the C rcel Modelo of
Bucaramanga. According to the information received he was beaten during
detention;
E/cN. 4/1996/4
page 37
(e) The following were reportedly killed as a result of excessive use
of force by the police during demonstrations: Nelson Fernando Lombana and
C sar Alfonso Garcia Sanclemente (student) ;
(f) The following were reportedly killed by unidentified men allegedly
linked with either paramilitary groups or the army: Jose Elias Su rez
(indigenous leader and member of the Executive Committee of the Organizaci6n
Indigena de JIItioguia) ; Luis Segundo Reyes Rojas (former member of UP);
Oscar Garcia Solis (human rights defender involved in civic and popular
activities) ; Ruth Coronado; Campo Elias Correa Acosta; Marco Aurelio Perez
Castrill6n and Jaime Gabriel Ortiz.
132. In addition, the case of Martin A. Parroquiano Cubidas, Prosecutor of the
Fiscalia Regional of Yopal reportedly killed by unidentified men, was also
transmitted to the Government. According to the information received, he was
investigating the killings of the mayors of Aguazul and Chaneza and violations
of the right to life by police and the military.
Communications received
133. During the period under review, the Government of Colombia provided
replies to a large number of allegations. Due to the large number of
communications received and sent to Colombia during 1995, and in view of the
lack of human resources, not all the government replies have been dealt with.
The Government informed the Special Rapporteur that investigations had been
started and measures had been adopted to protect the life and physical
integrity of the following persons: Yaneth Bautista and Gloria Herney
Galindez (5 December 1995 and 11 May 1995) ; Father Gustavo Su rez Niflo
(19 December 1994) ; Te6fila Roa and D. Mendoza, members of the Consejo
Regional Indigena del Tolima (22 February 1995) ; Luis Guillermo Perez Casas,
Alirio Uribe Muffioz, Eduardo Carreflo, Reinaldo Villalba Vargas, Pedro Julio
Mahecha Avila and Rafael Barrios Mendivil, members of the Colectivo de
Abogados “Jose Alvear Restrepo” , and Katia Niflo Vargas, the wife of
Luis Guillermo Perez Casas (2 February 1995, 28 March 1995 and
22 August 1995) ; Alvaro V squez del Real, leader of the PCC, Aida Abella,
member of UP, Hernando Mota Mota, congressman for UP, Jaime Caicedo member of
PCC, Orlando Obreg6n, president of CUT, C sar Carrillo, president of the
Uni6n Sindical Obrera (USO) , Gilberto Vieira, and Carlos Lozano;
Nelson Berrio; Bishop Nel Beltr n and the priest Dario Castrill6n Hoyos;
Julio Ram6n Olivera Gracia (11 April 1995) .
134. In addition the Government reported that Tirso V lez, member of UP,
received police protection until December 1994 when he renounced it.
Furthermore, in the case of Marina Salas, member of the Movimiento Civico por
la Defensa de Sampu s , the Special Rapporteur was informed that the victim
confessed that she made the threats herself due to personal problems
(11 April 1995)
135. The Government stated that investigations were under way into the
allegations of: Benjamin Santos, Laureano Iffiampue, Isidro Mercado Jimenez,
Manuel Serafin Guerrero and Guillermo Mann (28 November 1994 and
11 April 1995) . Moreover, the Government informed the Special Rapporteur that
E/CN. 4/1996/4
page 38
investigations have been initiated in the killings of Humberto Marroquin
Iglesias (10 February 1995) ; Julio Cadena Ducuara, Yesid Ducuara Villab6n,
Nelson Moreno, Julio Cenen, Edgar Letton, Luis Morales and Yesid Bocanegra
Martinez; Jairo Barahona Martinez; Lucas Sepi lveda, Jose Cayetano Sepifiveda
and Luis Antonio Villegas; David Reyes Castro; Rodrigo Flores; Alexis Orozco;
Abraham Alvarado (11 April 1995) ; and Miguel Guillermo Omeara Miraval
(11 May 1995) .
136. Concerning the death of Edwin Castillo Piffia and death threats to the Piffia
family, the Government of Colombia stated that judicial and police
investigations initiated appear to implicate a paramilitary group called
Los Masetos (11 April 1995) . In addition, investigations have been started to
determine the involvement of paramilitary groups into the killings of
Adriano Portillo, Javier Contreras Bacon, Alvaro Botello, Jose del Carmen
Ruiz, Jose Buitrago Zabala, Manuel Figueroa, Alcides Paces Tarazona and
Rodrigo Carmona Camao (11 April 1995) . Regarding the death threats received
by Maria Magdalena Rodriguez, investigations had commenced in order to
determine whether military officials were involved (11 April 1995) . In
connection with the murder of Javier Alberto Barriga Vergel, member of the
Colectivo de Abogados “Jose Alvear Restrepo” , the Government indicated that
investigations have been initiated (22 August 1995) .
137. In the context of death threats, the Government informed the Special
Rapporteur that threats had ceased in the allegations of: Luis David
Rodriguez P&ez, reportedly threatened with death for his trade union
activities (19 December 1994) ; Alvaro Martinez Pinz6n (10 February 1995) ;
Miguel Alberto Fernandez, Jose Dario Delgado Martinez, Oscar Alirio Sanchez,
Fernando Dorado, Victor Collazos and Walter Aldana, trade union leaders
members of the Federaci6n Sindical Unitaria de Trabal adores del Cauca
(11 April 1995) .
138. In addition, the Government stated that investigations were initiated but
no indications of involvement of army official or State forces were found in
the following allegations: Marco Tautiva, Omar Valbuena and Miguel Ospina;
death threats against Isabel Cristina Rinc6n Bravo (11 April 1995) ; no
irregularities appeared to have been committed by army officials in the case
of the Albergue Campesino in Barrancabermeja, as initially stated in the
urgent appeal of the Special Rapporteur sent in March 1994 (18 January 1995) .
139. Regarding the death threats received by Olga Matilde Ortiz and
Ruth Rueda, members of the Federaci6n Nacional Sindical Unitaria Agropecuaria ,
the Government stated that victims have not addressed any complaints to the
police and attempts by the police to contact victims had not been successful
(11 April 1995) . In addition, in the case of death threats to trade unionists
Edgar Riaflo, Dario Lotero, Luis Hern ndez and Monerge Sanchez of USO,
Victor Ramirez of SINTRANSON, Bertina Calder6n and Domingo Tovar of CUT, no
security arrangements could be made as they could not be traced after they
moved to Bogota for security reasons. The Government also referred to the
fact that no formal complaints had been lodged by the trade unions
(11 April 1995) .
E/cN. 4/1996/4
page 39
140. In addition, the Special Rapporteur was informed that investigations into
the Riofrio massacre concluded that members of the army were involved in the
incidents and several officials are currently being tried (11 May 1995) .
141. By communication dated 28 February 1995, the Government of Colombia
stated that in order to strengthen its human right's policy, a special
committee was created to study, apply and report on the recommendations made
by the special rapporteurs. In the same letter, the Government requested the
special rapporteurs to increase the number of their missions and follow-up
visits to the country. By letter dated 25 April 1995, the Government of
Colombia provided a tentative schedule of visits of special rapporteurs to
Colombia.
142. By communication of 15 May 1995, the Government reiterated its invitation
to the Special Rapporteur to visit Colombia and forwarded information on the
human rights policy adopted by the Government.
143. By note verbale dated 5 July 1995, the Government of Colombia informed
the Special Rapporteur about the main developments in human rights adopted by
the Government which included, inter alia a decree establishing a follow up
commission in charge of analysing and promoting the fulfilment of
recommendations made by the United Nations special rapporteurs; approval of a
bill to provide compensation to victims of human rights violations;
implementation of a National Communication Network for Human Rights Protection
in Colombia with the aim of fighting impunity and with the objective of
offering better information to victims of human rights violations. By note
verbale dated 31 July 1995, the Government of Colombia provided the Special
Rapporteur with a copy of the bill on compensation for victims of human rights
violations.
144. By letter dated 6 July 1995, the Government of Colombia provided comments
and observations regarding the list of outstanding allegations in Colombia,
which the Special Rapporteur had transmitted previously during the year.
145. By letter dated 5 November 1995, the Permanent Mission of Colombia
transmitted a copy of a communication from the Ministry for Foreign Affairs
dated 15 November 1995, providing information about 37 alleged cases of
extrajudicial, summary or arbitrary executions. The letter was received at
the Centre for Human Rights on 7 December 1995. The Special Rapporteur will
transmit this information to the sources and will comment on it at a later
stage.
146. Moreover, information regarding the initial meeting of the Comisi6n para
el an lisis y el asesoramiento de las recomendaciones formuladas por los
6rganos internacionales de derechos humanos , was provided to the Special
Rapporteur during the course of a meeting with Dr. Carlos Vicente de Roux,
Consejero Presidencial para los Derechos Humanos (Presidential Adviser for
Human Rights).
147. By a communication dated 24 November 1995, the Government of Colombia
provided a set of observations in relation to the conclusions and
recommendations made by the former Special Rapporteur, Mr. Amos Wako, after
his mission to Colombia in 1989.
E/CN. 4/1996/4
page 40
Follow-up
148. By letter dated 26 September 1995, the Special Rapporteur thanked the
Government for the large number of replies provided and requested further
information on the allegations of: Gustavo Humberto Marroquin Iglesias;
Julio Cenen Rodriguez Quiffionez; Edwin Castillo Piffia; Luis Alberto Morales
Malambo; Marco Tautiva, Omar Valvuena, and Miguel Ospina; David Reyes;
Manuel Serafin Guerrero, Laureano Iffiampue; Guillermo de Jesi s Mann
Echevarria; Isidro Mercado Jim nez; Yesid Ducuara Villab6n; Yesid Bocanegra
Martinez; Julio Cadena Ducuara, Nelson Moreno Ducuara, Jairo Barahona,
Lucas Sepifiveda, Jose Cayetano Sepi lveda, Luis Antonio Villegas,
Adriano Portillo, Javier Contreras Baron, Alvaro Botello, Jose del Carmen
Ruiz, William Buitrago Zabala, Jose Raruro, Manuel Figueroa, Alcides P ez
Tarazona, Rodrigo Carmona Camao, Maria Magdalena Rodriguez, Abraham Alvarado,
Rodrigo Florez, Aleixir Orozco and Benjamin Santos. The Special Rapporteur
also requested more details in the case of Riofrio.
Observations
149. The Special Rapporteur wishes to express his appreciation for the
willingness shown by the Government of Colombia to cooperate with his mandate.
He would like to point out, however, that he continues to be extremely
concerned about the enormous number of violations of the right to life that
occur in Colombia on a daily basis. Due to a shortage of resources, the
Special Rapporteur was unable to process all the allegations received.
150. The Special Rapporteur believes that despite the establishment of formal
mechanisms and the enactment of laws aimed at dealing with the current human
rights situation, the recommendations arising out of his joint visit to
Colombia with the Special Rapporteur on the question of torture
(17-26 October 1994; see E/cN.4/1994/111) have not been effectively
implemented, nor has the human rights situation improved significantly. In
view of the foregoing, the Special Rapporteur considers that there is an
urgent need to set up an international human rights mechanism with enough
resources to report publicly on the human rights situation and to monitor
human rights violations in situ , as well as assisting the Government and non-
governmental organizations in this field. In addition, the appointment by the
Commission on Human Rights of a Special Rapporteur for Colombia should not be
seen as a hostile measure against the Government of Colombia but as a measure
commensurate with the seriousness of the human rights situation. The Special
Rapporteur could thus cooperate with any other mechanism which could
eventually be set up by the High Commissioner for Human Rights by the
Colombian Government.
CSte d'Ivoire
151. According to the information received a bill was adopted by the Council
of Ministers of CSte d'Ivoire on 16 March 1995, which extended the application
of the death penalty “by fusillade and in the presence of the public” for the
crime of theft with the use of violence ( d lit de vol avec violence ) . The
bill was later adopted by the National Assembly during its session in
April 1995. It was brought to the Special Rapporteur's attention that the
Government had found justification for the extension of the application of the
E/cN. 4/1996/4
page 41
death penalty in the increased insecurity, caused by a wave of violence in
CSte d'Ivoire. The Special Rapporteur had furthermore been informed that
although not abolished by law, the death penalty had not been applied in the
country since 1960.
Allegations transmitted
152. The Special Rapporteur sent a letter to the Government of CSte d'Ivoire,
in which he expressed his very deep concern about the information he had
received. He emphasized that, although the death penalty is not prohibited in
international law strictu sensu , its abolition is desirable, as has been
expressed on several occasions by competent United Nations bodies. The
Special Rapporteur appealed to the Government of CSte d' Ivoire to reconsider
its position towards the draft law, and requested the Government to provide
him with any comments the Government wished to make thereon. He furthermore
announced his intention to make the contents of his letter public
(20 April 1995) .
153. Since the Government did not provide the Special Rapporteur with any
reply or comments to his letter, the Special Rapporteur issued a press release
in which he informed the public about his deep concern with regard to the
possible extension of the application of the death penalty in CSte d'Ivoire.
Observations
154. The Special Rapporteur regrets the Government's failure to reply to his
letter. He is deeply concerned about the extension of the death penalty,
together with measures taken allegedly aiming at speeding up the judicial
process, at the expense of internationally recognized fair trial standards.
The extension of the scope of the death penalty is clearly in contradiction
with the international trend towards a total abolition of the death penalty,
as confirmed by several international bodies on various occasions. He
furthermore expresses his deep concern about the alleged killing of
demonstrators as well as reports about the occurrence of communal violence in
the framework of national elections in CSte d'Ivoire.
Cuba
155. During the period under review, the Special Rapporteur sent two urgent
appeals to the Government of Cuba and transmitted cases of allegations of
violations of the right to life of 43 individuals, including 15 women and
13 minors.
156. For a detailed analysis of the human rights situation in Cuba, reference
is made to the report of the Special Rapporteur on the situation of human
rights in Cuba (E/cN.4/1996/60).
Allegations transmitted
157. The Special Rapporteur sent two urgent appeals to the Government on
behalf of: Ram6n Fidel Basulto Garcia, after the prosecution requested a
death sentence for murder and whose execution, if convicted, was feared to be
imminent (30 December 1994) ; Juvencio Padr6n Dueffias, Felix Molina Vald s and
E/CN. 4/1996/4
page 42
Carlos Cruz Seguis, after they had been sentenced to death for the murder of
two persons in Ciego de Avila and whose trial was alleged to contain
irregularities including ill-treatment of one of the defendants in order to
extract a confession (10 October 1995) . This urgent appeal was sent jointly
with the Special Rapporteur on the question of torture and the Special
Rapporteur on the situation of human rights in Cuba.
158. In addition, the Special Rapporteur transmitted to the Government
allegations he had received concerning the following extrajudicial, summary or
arbitrary executions:
(a) The following persons were reportedly killed by police officers:
Rogelio Pineiro Benitez; Carlos Regino Araujo Nuffiez, aged 17, killed in front
of the Hotel Inglaterra in Havana after he ignored the order to stop given by
the police; Wilfredo Almiral de Armas, who died as a result of the injuries
inflicted by a policeman when he was trying to steal some chickens;
(b) The following persons reportedly died in custody: Heriberto Ferro
Olivera, killed by prison guards when he was trying to escape from prison;
Ef rain Aldama Regalado, who reportedly died as a result of the beating
inflicted by prison guards in Taco Taco; Felipe Torres Almora, who reportedly
died in Pinar del Rio prison due to malnutrition; Alfredo Perez Martinez, who
died as a result of lack of medical care in Combinado del Sur prison;
Joaquin Viera Sanchez, who reportedly died in custody at a police station in
Ciego de Avila;
(c) The following 34 persons, including 15 women and 13 children, were
reportedly killed by the Cuban navy while trying to leave Cuba by boat:
Leonardo Notario G6ngora, Marta Caridad Tacoronte Vega, Caridad Leyva
Tacoronte (4 years old) , Yousel Eugenio Perez Tacoronte (11 years old) ,
Marjolis M ndez Tacoronte (17 years old), Odalys Muffioz Garcia, Pilar Almanza
Romero, Yasser Perodin Almanza (11 years old) , Manuel Gayol, Yuliana Enriquez
Carranza, Helen Martinez Henriquez (6 months old) , Xindy Fernandez Rodriguez
(2 years old), Jose Carlos Nikel JIIaya (3 years old), Yaltamira Anaya
Carrasco, Marta Carrasco Tamayo, Joel Garcia Su ez, Mario Guti&rez, Elio Juan
Guti&rez Garcia (10 years old), Fidelio Rainel Prieto Hern ndez,
Ernesto Alfonso Loureiro, L zaro Borges Briel, Augusto Guillermo Guerra
Martinez, Armando GonIIlez Ruiz, Lisette Maria Alvarez Guerra, Giselle Borges
Alvarez (4 years old) , Julia Caridad Ruiz Blanco, Angel Rene Abreu Ruiz
(3 years old), Jorge Arquimides Lebrigo Flores, Eduardo Suarez Esquivel,
Estrella Suarez Esquivel, Eliecer Su rez Esquivel (11 years old),
Omar Rodriguez, Miralis Fern n Rivero and Yolindis Rodriguez Rivero
(2 years old) .
Communications received
159. The Government of Cuba provided information on the case of Ram6n Fidel
Basulto Garcia. According to the Government the allegations did not
correspond to reality. Furthermore, the Government argued that the case did
not fall into the purview of the Special Rapporteur's mandate. It was also
stated that during the trial Basulto Garcia had benefited from all safeguards
and guarantees established in both Cuban as well as international law. In
addition, the Government pointed out that should capital punishment be
E/cN. 4/1996/4
page 43
imposed, Basulto Garcia would still have an appeal ( recurso de casaci6n al
Tribunal Supremo or ( indulto del Consejo de Estado)) , and that the death
penalty is rarely applied in Cuba (16 January 1995) .
Observations
160. The Special Rapporteur thanks the Government for the reply provided.
However, the Special Rapporteur would like to express deep concern at the
alleged killing of the 34 persons, including 13 children, who were trying to
leave Cuba by boat. These allegations require proper investigation, the
perpetrators brought to justice and compensation provided to the victims'
families.
Czech Republic
Allegations transmitted
161. In 1995, the Special Rapporteur transmitted one case to the Government of
the Czech Republic, concerning the death of Martin Cervenak, of Roma origin,
who reportedly died in police custody on 10 June 1994, in the town of
Horsovsky Tyn, allegedly after having been shot during an interrogation.
Communication received
162. The Government of the Czech Republic replied to the Special Rapporteur
that an official investigation had concluded that Martin Cervenak had died of
injuries sustained when Mr. Cervenak attacked a police inspector during
interrogation and his gun went off accidentally. No physical force had been
used against him.
Dj ibouti
163. The Special Rapporteur sent a letter to the Government of Djibouti on
22 August 1995, as a reminder of cases he had sent on 23 September 1994
concerning Ali Mohammad Fatouma, Youssouf Mohammed Nasser and two unidentified
persons, to which he had not received a reply yet (E/CN.4/1995/61, para. 117) .
164. At the time the present report was finalized, no reply had been received
from the Government.
Ecuador
165. In a letter dated 25 September 1995, the Special Rapporteur transmitted
to the Government of Ecuador the case of Matilde Maya Quira, a two-year-old
girl of Colombian nationality reportedly killed by the police in Ibarra.
166. In a note verbale dated 29 September 1995, the Government acknowledged
receipt of the above-mentioned communication while awaiting for a response
from the competent authorities of the Government.
E/CN. 4/1996/4
page 44
Egypt
167. As in previous years, the Special Rapporteur continued to receive reports
about death sentences imposed on civilians by military courts, after alleged
unfair trials. Concerns were expressed on several occasions about the lack of
independence and impartiality of the judges of military courts, restrictions
in the time available for the preparation of the defence and restrictions on
the use of the right to appeal. According to the information received,
defendants before the Supreme State Security Court do not have the right to
appeal before a higher tribunal as sentences and verdicts passed by that court
can only be reviewed by the executive, i.e. the President or a person mandated
by the President to do so.
168. Furthermore, the Special Rapporteur received information about two
persons who reportedly died whilst in custody. Ten civilians were reportedly
killed by the police after their arrest; in nine of the cases the victims had
allegedly been taken to sugar-cane fields where they were killed. Information
relating to extrajudicial or arbitrary killings of civilians by members of the
security forces was also brought to the attention of the Special Rapporteur.
Allegations transmitted
169. The Special Rapporteur sent four urgent appeals to the Government of
Egypt, all concerning allegations relating to the imposition of death
penalties by military courts after trials which were reported to fall short of
the international guarantees of a fair trial, especially regarding the right
to appeal.
170. The appeals were sent for the following persons: Mohammad ‘Ata-'Alla
‘Omar and Rabi' Mohammad Mahmoud Hussein, who were allegedly at risk of
imminent execution after having been sentenced to death by the Supreme
Military Court (7 December 1994); Mohammad Nagui Mohammed Mustapha and
Mohammad Khadir Abu al-Farag al-Mahlawi, who were reportedly sentenced to
death by the Supreme Military Court in Cairo, after which the right to appeal
was not guaranteed (2 March 1995) ; Hussam Hassan Suleiman and Ahmad Mahmoud
‘Abd al-Rahman, who were reportedly sentenced to death by the Supreme Military
Court for murder, sabotage and assault and membership of the Gihad, a banned
Islamic organization. According to the information received, although they
had a right to submit a petition to the Military Appeals Bureau, which is
chaired by the President of Egypt, they did not have the right to have their
sentences reviewed by a higher instance (28 June 1995) ; Mohammad Fawzi
Mohammad Ibrahim, Ahmad ‘Abd al Qadir-Bakri and ‘Izzet al-Shahhat Mohammad,
who had been sentenced to death on 6 June 1995 by the Supreme State Security
Court. It was alleged that ‘Izzet al-Shahhat was tried in absentia
(16 June 1995) .
171. The Special Rapporteur furthermore transmitted to the Government of
Egypt 16 cases containing allegations of violations of the right to life
of 18 persons.
172. The Special Rapporteur received a considerable number of allegations
related to killings of Christian Egyptians which reportedly occurred in 1994
and 1995, with the connivance of Egyptian officials and the support of local
E/cN. 4/1996/4
page 45
security forces. In this regard, he intervened on behalf of the following
persons: Alam Tadros Khair, Lofty Nikhla Tadros, Youssouf Ameen, Saeed Atta
Saed, Esmat Saed Alta, Ebaad Youssry Fahim and Khalil Radros Boutros;
Maher Naguib Wahbi, Ezzat Tawfik Saad, Louis Bacilious Saad, Dr. Safawat
Zakher Saleh, Naber Zakher Saleh, Elia Naguib Demitri; Nabil Selwanis;
Lofty Hazzy; Azmy Mokhtar Aziz, Mahfouz Rashid Bacilious.
173. In addition, the Special Rapporteur transmitted to the authorities the
following cases: alleged deaths in custody: Ahmed Faroug Ahmed;
Mohsen Mohammad Awad, who died reportedly during detention in al-Wadi
Al-Gadeed prison; If fat Mohammad Ali, who allegedly died as a result of
torture by the police; allegations of deaths after arrest were reported in the
following cases: Ahmed Yehya Abdel Rahman and Amer Fatehi Yaki Ismail were
reportedly killed by police officers in sugar-cane fields after detention;
Nashat Sidki, Kamal Saad, Emad Id Al-Rashid, Gamil Mohammed Othman Ismail
Mohammed Abd Al-Halim, Mohsen Ali Abo Al-Razzak, Ali Hassan Abd Al-Mm- ‘em and
Mohammed Abbas Hamzawi; Ragab Abd al-Hakim Mossad, who was suspected of being
a member of a terrorist organization, was reportedly killed by the police upon
arrest; alleged killings by security forces: Amin Shafiq Hamam, student;
Reda Mahmoud Mohammad and Mohammad ‘Abd Al -Rahman; Abdel Hamid Mohammed
Abdul Latif and three unidentified persons including an eight-year-old child,
reportedly killed during a protest demonstration on 27 September 1994.
Communications received
174. The Government sent a reply concerning the cases of death sentences
imposed on Ahmad Muhammad Mahmoud Guma'a and Sharif Muhammad Hassan, raised by
the Special Rapporteur on 26 September 1994 and 20 October 1994 respectively.
The Special Rapporteur was informed that the two persons convicted had been
sentenced to death for membership of an illegal terrorist organization and
participation in a criminal conspiracy against the Government. The Government
stated that the proceedings were conducted in accordance with the stipulations
of the Code of Criminal Procedure and the Code of Military Justice, and that
the sentences were carried out after exhaustion of legal procedures concerning
appeals and requests for review (30 December 1994) .
175. The Government also provided a reply to the urgent appeal of
7 December 1994, and stated that Mohammad ‘Ata-'Alla ‘Omar and Rabi'
Mohammad Hussein had been found guilty of conspiracy against the Government.
The decision was confirmed by the Ratification Section of the
Directorate-General of Military Justice. The appeal for a review of the
proceedings of both defendants was examined by the Appeal Office of the
Directorate-General of Military Justice, which did not find any legal
justification for the pleas submitted by their defence counsels and therefore
rejected the substance of their appeals (20 June 1995) .
176. Furthermore, the Government replied to the urgent appeal of 28 June 1995
concerning the cases of Hussam Hassan Suleiman and Ahmad Mahmoud
‘Abd al-Rahman, who had been found guilty of “participation in terrorist
activities against the Constitution” . The trial was carried out in presence
of the defendants and in accordance with law, and the Ratification Section of
the Directorate-General of Military Justice examined the legal aspects and
E/CN. 4/1996/4
page 46
concluded it was correct. The defendants had the right to seek a review of
the judgement within 15 days from the date of the notification of its
ratification (31 August 1995) .
177. By the time the present report was finalized, no replies had been
received to the urgent appeals sent on 2 March 1995 and 6 June 1995.
Follow-up
178. The Special Rapporteur addressed a letter to the Government following up
on two replies received from the Government in 1995. He thanked the
Government for its willingness to cooperate with his mandate, but expressed
concern about the number of civilians tried by military courts in Egypt, as
well as about the allegations he had received about the wider jurisdiction
which had reportedly been given to military courts over civilian matters. The
reported absence of a right to appeal as well as the fact that military
officers are reported to be appointed by the Minister of Defence for a period
of two years and who could be removed at his discretion, resulting in a
failure to guarantee the independence of the judges, were sources of
increasing concern to the Special Rapporteur. The Special Rapporteur also
sent the Government of Egypt a list of the cases which had been sent to the
authorities in 1995, to which he had not received a reply, on 20 August 1995.
Observations
179. The Special Rapporteur wishes to thank the Government of Egypt for the
information provided in reply to several of his communications. The Special
Rapporteur, however, expresses his concern about the state of emergency in
Egypt which continues to be imposed after more than 13 years, resulting in
additional power being extended to the security forces and leading to an
increasing number of violations of the right to life committed by members of
those forces. The military courts, as well as the Emergency State Court, have
reportedly been given wider jurisdiction since 1993, resulting in the creation
of a parallel judicial system. This phenomenon is not in accordance with
article S of the Basic Principles on the Independence of the Judiciary (1985) ,
principle S of which states that “Everyone shall have the right to be tried by
ordinary courts or tribunals using established legal procedures. Tribunals
that do not use the duly established procedures of the legal process shall not
be created to displace the jurisdiction belonging to the ordinary courts or
judicial tribunals.” It is furthermore particularly disturbing in view of the
high standing of the judiciary in Egypt. The Special Rapporteur furthermore
reiterates his concerns, expressed in previous reports, with regard to the
allegations he continues to receive according to which, in practice,
procedures before military courts fall short of guarantees as contained in
several international instruments, especially in respect of their impartiality
as well as the rights of defence, particularly the right to appeal to a higher
jurisdiction and to seek pardon or commutation of sentence at the highest
level of the State.
El Salvador
180. According to the information received, impunity continues to be the major
cause of human rights abuses in El Salvador and it perpetuates the cycle of
E/cN. 4/1996/4
page 47
violence. Despite an alleged reduction in the number of political murders,
former guerrilla leaders have reportedly been killed since the signature of
the peace agreements.
Allegations transmitted
181. The Special Rapporteur sent one urgent appeal to the Government of
El Salvador, after fears were expressed for the life of Francisco Carrillo,
director of FUNDASIDA, a non-governmental AIDS organization. Reportedly, he
and another AIDS-worker had previously been threatened by unidentified men
believed to belong to an anti-homosexual death squad, allegedly made up of
police and military personnel (4 July 1995) .
182. In addition, the Special Rapporteur transmitted to the Government the
case of Franklin Israel Molina Archila, reportedly killed by five police
officers while he was travelling.
Communications received
183. Receipt of the above-mentioned case of Franklin Israel Molina Archila was
acknowledged, and the case was transmitted to the appropriate authorities
(9 June 1995) .
Equatorial Guinea
184. For an in-depth analysis of the situation of human rights in Equatorial
Guinea, reference is made to the report of the Special Rapporteur on the
situation of human rights in that country (E/cN.4/1996/67).
185. The Special Rapporteur transmitted to the Government the case of
JIItonio Ndong Ebang, a deserter from the army, reportedly killed by the army
on 31 March 1994.
186. At the time this report was finalized, no reply had yet been received
from the Government of Equatorial Guinea.
Ethiopia
Allegations transmitted
187. The Special Rapporteur sent to the Government of Ethiopia one case
concerning the alleged death of Bekele Argaw, a former army officer, who had
reportedly been killed by soldiers on 26 September 1994 in Ambo.
Communications received
188. The Government provided the Special Rapporteur with a reply to his
follow-up letter which was sent in September 1994, in which he had requested
additional information with regard to the case of Tesfahun Worku. (see
E/CN.4/1995/61, para. 135) . The Government informed the Special Rapporteur
that a Committee of Inquiry had been set up charged with investigating the
facts of the student demonstration on 4 January 1993 during which the victim
had been killed. The Committee had concluded that although the demonstration
E/CN. 4/1996/4
page 48
was illegal, State forces had used disproportionate force, and the security
forces as a whole should be held responsible. Moreover, the Committee had
made the following recommendations to the Government: police should be
trained in the use of force and provided with instruments (weapons) ; a
directive to regulate the use of firearms should be issued; compensation
should be paid to the family of the victim (13 February 1995) .
189. The Government replied that in the cases of Ahmed Ibrahim Nur, Abshir Ali
Dhuh and Ilakin Hersi, transmitted in 1994, an investigation had been started
(E/cN.4/1995/61, para. 133) . The Government stated that no information
substantiating the allegations as sent by the Special Rapporteur had been
received by the Government (5 July 1995) .
Follow-up
190. The Special Rapporteur sent to the Government of Ethiopia a follow-up
letter, requesting the Government to provide him with additional information
concerning the case of Tesfahun Worku, to which the Government had replied on
13 February 1995 (22 August 1995) .
Observations
191. The Special Rapporteur wishes to thank the Transitional Government of
Ethiopia for the information provided. He calls on the Transitional
Government to take the measures suggested by the Committee of Inquiry
regarding the 4 January 1993 demonstrations to bring the law and the practice
into conformity with international standards. The Special Rapporteur again
calls upon the Transitional Government of Ethiopia to ensure that all
allegations of human rights violations are exhaustively and impartially
investigated, with a view to establishing the facts, identifying those
responsible and bringing them to justice, granting adequate compensation to
the victims or their families, and preventing the recurrence of such
violations. In addition, the Special Rapporteur is unaware of any Government
reaction to suggestions he made previously about the trial of people accused
of human rights violations and genocide under Mengistu Haile Mariam's regime.
France
192. In reports received by the Special Rapporteur in 1995, concern was
expressed about the increasing use of excessive force by law enforcement
officers.
Allegations transmitted
193. The Special Rapporteur transmitted the following four cases to the
Government of France, containing allegations of cases that occurred in 1993,
one of them concerning the death in custody of a minor. Two of the cases were
related to violations of the right to life of persons of non-European origin:
Makome M'Bowole, 17 years old, of Zairian origin, reportedly died on
6 April 1993 in the commissariat de police de grandes carri res , in the 18th
arrondissement of Paris, during an interrogation; Frank Monet was reportedly
killed on 25 July 1993, when an officer of the gendarmerie in
Saint-Bartholemy-de-Vals fired at his car nine times; Romuald Duriez, was
E/cN. 4/1996/4
page 49
reportedly killed by a policeman on S October 1993 during a robbery in Trebon,
a suburb of Arles; Mourad Tchier, of Algerian origin, was reportedly killed on
27 December 1993 by a police-officer in Saint-Fons, near Lyon. According to
the information received, the four cases were under investigation.
Observations
194. The Special Rapporteur regrets the fact that by the time the present
report was finalized, no reply had been received from the Government of
France. He is deeply concerned about the allegations received with regard to
the official anti-immigration policy which may result in discriminatory
treatment of foreigners by law enforcement officials. In this regard, he is
concerned about the alleged extrajudicial executions in which foreigners are
disproportionably involved.
195. He welcomes the fact that steps are being taken to review the traditional
French legal system of “review by a final court of appeal” ( cassation ) in
criminal cases which in his view does not conform to the international norms
concerning the right of a convicted person to have his sentence reviewed by a
higher jurisdiction. The current procedure only provides a review of the
legal aspects of the case, but excludes a review as to the facts of the case.
Should France change its cassation procedure, this will encourage other
countries which follow the same legal tradition in which the death penalty is
applicable, to provide defendants facing capital punishment with an additional
opportunity for review.
Gambia
196. At the time the present report was finalized, it was brought to the
Special Rapporteur's attention that the Ruling Armed Forces Provisional Ruling
Council (AFPRC) had issued a decree on 12 August 1995 reinstating the death
penalty which had been abolished in 1993.
Georgia
197. The Special Rapporteur received reports about the resumption of
executions in Georgia after a two-year moratorium was lifted in March 1994.
It was brought to his attention that the national legislation of Georgia does
not provide for automatic appeal in these cases.
198. He also received disturbing reports about continuing violations of human
rights, in particular about extrajudicial and arbitrary executions of
civilians of Georgian ethnic origin, in the Gali district in Gali, by
Abkhaz militia forces or the police.
Allegations transmitted
199. The Special Rapporteur sent an urgent appeal to the Government of Georgia
concerning the alleged imminent execution after a reportedly unfair trial with
no right to appeal of Irakli Dokvadze, Petre Gelbakhiani and 17 other
defendants. According to the information received, the sentence was
reportedly handed down by the Supreme Court of the Republic of Georgia. The
defendants, it was reported, were not informed of the charges against them
E/CN. 4/1996/4
page 50
when they were arrested in 1992, and they had periodically been denied access
to lawyers of their own choice. It was reported that, in some of the cases,
defendants and lawyers were excluded from the proceedings. Confessions were
furthermore reported to have been obtained under duress and torture
(13 March 1995) .
Communications received
200. The Government provided the Special Rapporteur with information
concerning the fate of a person of Georgian nationality who was reportedly
tried and sentenced to death by a court in Abkhazia. The Government of
Georgia alleged that the trial had been unfair and without a right to appeal,
and asked the Special Rapporteur to intervene in the case.
Observations
201. The Special Rapporteur would like to thank the Government of Georgia for
the information made available to him. The Special Rapporteur expresses his
deep concern about ongoing violations of the right to life of ethnic Georgian
civilians by Abkhaz militia forces. He expresses concern about reports about
increased tension, particularly in the Gali district, and deplores the lack of
progress in the negotiations. He expresses the hope that a political
settlement of the conflict will be reached.
202. He would also like to point out to the Government of Georgia that it does
not fall within his mandate to intervene in cases like the one that was
brought to his attention by the Government of Georgia. He does, however,
deplore the way the trial and the death sentence were reportedly carried out
by the Abkhazians.
Germany
Allegations transmitted
203. The Special Rapporteur sent one urgent appeal to the Government of
Germany, concerning the alleged imminent repatriation to Algeria of
Boualim Rebai, an Algerian national and asylum-seeker in Germany. According
to the information received, he had deserted from the police in Algeria after
the increase in political violence, and fled to Germany in 1993. It was
brought to the Special Rapporteur's attention that his life might be in danger
if he were deported to Algeria. The Special Rapporteur, therefore, requested
the Government of Germany to refrain from expelling him (4 July 1995) .
204. The Special Rapporteur also sent the following two cases to the
Government of Germany, one of them concerning the alleged death of a minor:
Halim Daner, of Turkish Kurdish origin, 16 years-old, reportedly shot dead by
a police officer on 30 June 1994, upon arrest whilst putting up posters for
the Popular Front of the Kurdistan Worker's Party (ERNK) ; Kola Bankole, of
Nigerian nationality, who reportedly died on 30 August 1994 in the aircraft
which was to return him from the airport of Frankfurt am Main to Nigeria,
after being injected with a sedative when he resisted the efforts to deport
him. A judicial investigation was reported to have started.
E/cN. 4/1996/4
page 51
Communications received
205. The Government provided a reply to the following cases sent by the
Special Rapporteur. With regard to the case of Halim Dener, the Government
informed the Special Rapporteur that investigations had been conducted by the
office of the public prosecutor, and that a police officer had been charged
with the negligent homicide of Halim Dener. The officer was scheduled to be
tried before court in the first half of 1996. Concerning the case of
Kola Bankole, the Government informed the Special Rapporteur that criminal
proceedings concerning the doctor who treated him have not yet been concluded.
Proceedings against the officers of the Federal Border Guard were discontinued
for lack of a prima facie case. The Special Rapporteur was informed that the
courts would impose sanctions on the doctor if they deem it necessary. The
family so far has not applied for compensation (24 November 1995) .
Observations
206. The Special Rapporteur thanks the Government for its cooperation with his
mandate. He is concerned, however, about the fact that both allegations of
violations of the right to life received in 1995 concerned foreigners.
207. He wishes to thank the Government of Germany for information he received
by phone with regard to the extradition of Mr. Rebai to Algeria. It was
brought to the Special Rapporteur's attention that the authorities had stopped
the extradition procedure, and that the request of Mr. Rebai not to be
extradited would be reconsidered by the German authorities.
Guatemala
208. As in previous years, the Special Rapporteur received alarming reports
about the situation of the right to life in Guatemala. It has been alleged
that despite the Government's commitment to respect human rights and fight
impunity, human rights violations persist. The Special Rapporteur has been
informed that 350,000 to 500,000 civilians are still enrolled in Comit s de
Voluntarios de Defensa Civil , also known as Patrullas de Autodefensa Civil
(PAC) , which allegedly cooperate with the army. According to information
received, they are considered to be responsible for a large number of human
rights violations in Guatemala.
209. In addition, non-governmental organizations continue to claim that
impunity persists and that there is no evidence of efforts to investigate
human rights violations which occurred in previous administrations. They also
stress the failure of the authorities to bring to justice those responsible
for human rights violations.
210. The Special Rapporteur also wishes to express his concern about
information he received indicating that in March 1995, the Congress in
Guatemala approved the extension of the death penalty to anyone convicted of
kidnapping, including accomplices who threaten to kill victims of kidnapping.
211. For an in-depth analysis of the situation of human rights in Guatemala,
the Special Rapporteur refers to the report of the independent expert on
Guatemala (E/CN.4/1996/15) .
E/CN. 4/1996/4
page 52
Allegations transmitted
212. The Special Rapporteur sent 13 urgent appeals to the Government on behalf
of the following persons:
(a) Human rights activists: Senayda Cana Chanay, member of the Grupo
de Apoyo Mutuo por el Aparecimiento con Vida de Nuestro Familiares (GAN),
after reportedly being harassed by police assigned to protect her after an
attempt against her life (16 February 1995); Miguel Sucuqui Mejia, Juana Tip s
GonIIles, Emilia Garcia, Samuel Hern ndez, Daniel Pascual Hern ndez and
Guillermo Fernandez, representatives of Frente Nacional de Organizaciones de
Derechos Humanos en Guatemala , after fears were expressed that they could
suffer reprisals upon their arrival in Guatemala for their attendance at the
fifty-first session of the Commission on Human Rights (13 March 1995 and
11 April 1995) ;
(b) Journalists: Jose Ruben Zamora Marroquin, director of the
newspaper Siglo Veintiuno , reportedly threatened by unidentified men believed
to have links with the Government (1 March 1995); Gerson Ricardo L6pez, Oneido
Najarro, Edgar Arag6n, Martin Ju rez, Vinicio Pacheco, Julieta C rdenas,
Hector Solis, Nery Morales and Edwin Palacios, after their names reportedly
appeared on a blacklist of journalists drawn up by an alleged paramilitary
group named Comandos para acciones de liberaci6n (19 April 1995);
(c) Indigenous leaders: Julio Morales Reyes and other workers at
the Coordinadora Cakchiguel de Desarrollo Integral (COCADI) (Cakchiquel
Coordinator for Holistic Development), reportedly after an attempted attack
against his life (9 March 1995); Catarina Terraza Chavez, an Ixil Maya and
indigenous leader, after she reportedly was threatened by a member of the G-2
military intelligence (21 March 1995) ; Rev. Vitalino Similox,
General Secretary of the Conferencia de Iglesias Evang licas de Guatemala ,
Pastor Lucio Martinez, working with the human rights commission of the
Caqchikel presbytery, and Margarita de Similox, leader of the Maya Quich
Presbyterian Women's Movement, after they received death threats for their
investigations into the killing in June 1995 of Manuel Saquiq V zquez, an
evangelical pastor and coordinator of the Kaqchikel Maya Human Rights
Committee in Panabajal (14 August 1995) ;
(d) Trade union leaders: Felix Gonzalez, D bora Guzm n Chup n,
Julio Coj, Jose Gil, trade unionists and 49 workers at Lunafil S.A., after
they had received death threats and intimidation (17 March 1995, 2 June 1995
and 30 August 1995);
(e) Students: Lisbeth Valenzuela Bustamante and Luis Samayoa Barrera,
law students at the University of San Carlos (11 April 1995) ; Ervin Gonzalez
Barrientos, aged 18, reportedly intimidated and threatened by members of the
National Police of Santa Lucia Cotzumalguapa (1 September 1995) .
213. In addition, allegations of extrajudicial, summary or arbitrary
executions of the following persons were sent to the Government:
E/cN. 4/1996/4
page 53
(a) Reportedly killed by the armed forces: Antonio Simon Gabriel and
Jose Sim6n Perez Morales, indigenous people and members of the Comit de
Unidad Campesina (CUC); JIItonio Nisthal Recinos, counsellor of the Comisi6n de
Agricultura del Congreso Nacional ; Mynor Rolando Argueta Estrada, professor at
Rafael Landivar University; Edgar R. Elias Ogaldez, judge in Chimaltenango,
reportedly killed by members of the armed forces; Abel Ramirez Perez,
Manuela Mateo Pascual, Maurilia Coc Macs, aged 7, Pedro Medina Sanchez,
Santiago Coc Pop, aged 8, Paulo Coc Coc, Juana Jacinto Felipe, Hilaria Morente
de la Cruz, Pedro Diego 2IIdr s, Andr s Miguel Mateo and Fernando Choc Chic,
17 years old, indigenous peasants reportedly killed during an attack by
members of the Guatemalan armed forces against the community of Aurora 8 de
Octubre or Xam n, reportedly made up of refugees, mostly of Kekchi indigenous
origin, allegedly resettled in the Chisec area after their repatriation from
Mexico;
(b) Reportedly killed by members of the national police:
Conrado Ramirez Garcia, reportedly killed by four soldiers of the Presidential
Guard; Ruben Dario Flores Jim nez, President of the Asociaci6n de estudiantes
del Instituto Normal para Varones de Oriente , reportedly killed by officers of
the national police; Edwin Orantes Martinez, 17 years old, reportedly killed
by an armed man alleged to be a member of the Direcci6n de Investigaciones
Criminol6gicas (DIC) of the National Police;
(c) Reportedly killed by paramilitary groups: Juan M. de Jesi s Alonso,
trade unionist of Central General de Trabajadores de Guatemala , reportedly
killed by a paramilitary organization called Jaguar Justiciero II ;
Borki Ulianov Tacatic C ceres, human rights activist, reportedly killed by
members of a paramilitary group in Jalpateagua.
214. In addition, the Special Rapporteur transmitted the case of Juan Pacheco
Escobar, peasant, reportedly found dead after having disappeared during a
confrontation between the armed forces and the guerrillas.
Communications received
215. The Government provided information on several cases which had been
transmitted by the Special Rapporteur in 1994 and 1995. Judicial proceedings
had been initiated in the following cases: Sergio Miguel Fuentes Chavez
(7 December 1994) ; Felipe Le6n Naz, and threats to his parents Francisco Le6n
and Manuela Naz and his wife (4 January 1995) .
216. The Government also provided information on the attempted murder of
Monseigneur Rodolfo Quezada Toruflo, President of the Asamblea de la Sociedad
Civil . According to the reply an investigation led by the Comisi6n
Presidencial Coordinadora de la Politica del Ejecutivo en Materia de Derechos
Humanos (COPREDEH), the attack was not directed against Monseigneur Rodolfo
Quezada (12 January 1995) . In the same communication, information was
provided in respect of the cases of Efrain Castro Lux, Roberto Solares and
Victor Manuel Garcia, stating that judicial proceedings were initiated against
two private security guards who had been accused of the murder of
Efrain Castro Lux and Roberto Solares.
E/CN. 4/1996/4
page 54
217. The Government also provided a reply to the cases of Jorge Carpio Nicole
and three others, namely Rigoberto Rivas Gonzalez, Alejandro Avila Guzm n and
Juan Vicente Roberto Villacorta Fajardo. According to the Government, most of
those initially accused of the killings were released and no one had been
charged with the murder. Judicial proceedings were under way (26 April 1995) .
218. Concerning the case of threats and harassment received by D bora Guzman
Chup n, Felix Gonzalez, Julio Coj and Jose Gil, trade union leaders,
investigations had been initiated and police protection had been granted to
those at risk (24 May 1995) . In addition, the Government stated that
investigations were under way in the cases of: Juan Carlos Ruiz Ramirez (a
15-year-old student) , reportedly killed by members of the national police
(1 June 1995); Senayda Cana Chonay (6 June 1995) ; Vitalino Similox, Blanca
Margarita de Similox and Lucio Martinez Pic who received death threats from a
paramilitary group (1 and 12 September 1995) .
219. Information was also provided about the killing of Manuel L6pez. The
case was under investigation and judicial proceedings were under way. The
Government said that there is no evidence that members of State forces were
involved in the allegations as alleged by the sources of the Special
Rapporteur (9 August 1995) .
220. Regarding the case of Rolando Argueta Estrada, the Government confirmed
that he was killed by a lieutenant of the army who was sentenced to 12 years'
imprisonment. In the case of Ruben Dario Florez Jim nez, the Government
informed the Special Rapporteur that the police officer responsible for his
death was sentenced to 25 years' imprisonment. Moreover, in relation to the
killing of Borki Ulianov Tacatic C ceres, the Government provided a reply,
according to which he had been the victim of a common crime and the
perpetrators had no links with the security forces. The Government further
informed the Special Rapporteur that investigations were under way in the case
of Juan Manuel de Jesi s Alonso (21 November 1995).
221. Concerning the killing of Edgar Ramiro Elias Ogaldez, judge of
Chimaltenango, reportedly killed by members of the armed forces, the
Government expressed its deepest concern and asserted that investigations to
clarify the incident and to bring those responsible to justice were being
undertaken. The Government also informed the Special Rapporteur that two
members of the armed forces had been detained in respect of the killing of
Conrado Ramirez Garcia and that judicial proceedings had begun. Regarding the
case of Juan Pacheco Escobar, the Government declared that no complaint had
ever been made on his behalf and that no investigations had been initiated.
The Government requested the Special Rapporteur to provide more details
regarding the case. In relation with the case of the minor Edwin Am&ico
Orantes Martinez, reportedly killed by a member of the Departamento de
Investigaciones Criminol6gicas (DIC) of the National Police, investigations
with the aim of identifying such an individual had been initiated.
Investigations were being carried out with the support of the Junta Permanente
de la Niffiez (21 November 1995) .
222. The killing of Antonio Vicente Nishtal Recinos by a member of the army,
Hector Ruben Melgar Rodriguez, was subsequently confirmed by the Government of
Guatemala. In this sense, the Government further informed the Special
E/cN. 4/1996/4
page 55
Rapporteur that following the incident in which JIItonio Vicente Nishtal
Recinos was killed, a confrontation between members of the National Police and
Hector Ruben Melgar Rodriguez resulted in his death. Regarding the death of
JIItonio Sim6n Gabriel and Jose Sim6n P&ez Morales, the reply from the
Government stated that investigations were being conducted and that there is
no evidence that members of the army were involved in the incidents
(21 November 1995) .
223. Furthermore, the Government provided a reply to the case where 11 members
of the community Aurora 8 de Octubre were killed. According to the reply
provided, the President of Guatemala requested the competent authorities to
initiate exhaustive investigations in the events. The Government further
informed the Special Rapporteur of the dismissal of the Commander of Military
Zone No. 21 and the resignation of the Minister of National Defence. The
President of the Republic also requested the Fondo Nacional para la Paz
(FONAPAZ) to carry out a study with the aim of compensating and providing
indemnity to the families of the victims. Military officials involved in the
incidents were immediately referred to the competent courts and were currently
being detained at the Centro Preventivo del Segundo Cuerpo de la Policia
Nacional where they were awaiting trial. The Government of Guatemala
expressed its deep sorrow at the tragic events (21 November 1995) .
224. Regarding the death threats against Lisbeth Valenzuela Bustamante and
Luis Samayoa Barrera, the Government informed the Special Rapporteur that they
had both been contacted by members of COPREDEH and were offered the
possibility of requesting protection from the National Police.
Follow-up
225. The Special Rapporteur thanked the Government for the replies provided
and sought additional information in the cases of Efrain Castro Lux;
Roberto Solares; Victor Manuel Garcia; Senayda Cana Chanay; Juan Carlos Ruiz
Ramirez; D bora Guzm n Chup n; Jorge Carpio Nicolle; Felipe Le6n Naz; Sergio
Miguel Fuentes Chavez; Manuel Pedro L6pez and Efrain Bamaca. In the same
letter the Special Rapporteur reminded the Government of those cases for which
a reply had not yet been transmitted (22 August 1995) .
Observations
226. The Special Rapporteur wishes to thank the Government of Guatemala for
the detailed replies provided concerning the large number of cases
transmitted. He welcomes the sentences imposed on members of the police and
the military for violations of the right to life, and reiterates his request
to the Government to take firm action to put an end to impunity. None the
less, he expresses deep concern at the excessive use of force by law
enforcement officials, which led to tragic events, such as that of community
Aurora 8 de Octubre, where 11 persons were killed.
227. The Special Rapporteur considers that the establishment of the Mission
for the Verification of Human Rights and of Compliance with the Commitments of
the Comprehensive Agreement on Human Rights in Guatemala (MINUGUA) is a
decisive contribution to the continuous attempts by all parties involved to
put an end to violations of the right to life in Guatemala. He regrets,
E/CN. 4/1996/4
page 56
however, that both parties, the Government and the Unidad Revolucionaria
Nacional Guatemalteca , are reported to have violated certain commitments under
the 1994 Comprehensive Agreement.
Honduras
228. Reportedly, since 1993 reforms to reduce the power of the military and
improve the police system have been taking place in Honduras. Some of the
reforms include preventive safeguards against human rights violations. The
reform process was reportedly speeded up with the appointment in 1994 of the
Attorney-General ( Fiscal General ) at the head of the Ministerio Publico , which
is in charge of investigating all complaints of human rights violations. In
addition, the Special Rapporteur was also informed that the Direcci6n Nacional
de Investigaciones (DNI) , reportedly involved in a large number of human
rights violations, has recently been replaced by the Departamento de
Investigaci6n Criminal (DIC) .
Allegations transmitted
229. The Special Rapporteur sent three urgent appeals after being informed of
fears for the lives and physical integrity of the following persons:
2IIdr s Pav6n Murillo, Regional President of the Comit para la Defensa de los
Derechos Humanos en Honduras (CODEH) , after he received death threats from
unidentified men reportedly connected with the security services of the
Honduran armed forces (7 December 1995) ; Norma Bessy Jeresano de Rivas,
Oscar Wilfredo Jeresano Murillo, Mayra Betancourth, Bessy Maribel Jeresano
Betancourth, Juan Pablo Rivas Jeresano and other members of the Jeresano
family, after Juan Pablo Rivas Calder6n, husband of Norma Bessy Jeresano
de Rivas, was reportedly shot dead in San Pedro Sula (21 March 1995) ;
Jose Dolores Rivera Rodriguez, an army lieutenant, after receiving death
threats reportedly from officers of a higher rank (21 April 1995) .
Communications received
230. Regarding the Jeresano Rivas family, the Government stated that the case
had been considered by the Inter-American Commission on Human Rights and that
the competent authorities were taking appropriate measures to ensure their
safety. In addition, the Government informed the Special Rapporteur of the
existence in Honduras of a Comisionado Nacional para la Protecci6n de los
Derechos Humanos and a Fiscal Especial para la Protecci6n de Derechos Humanos
(Special Prosecutor for the Protection of Human Rights) , to which persons
threatened or harassed might refer (19 May 1995) .
India
231. The Special Rapporteur received numerous reports of violations of the
right to life in India. Numerous allegations were received concerning deaths
in custody resulting from torture and ill-treatment inflicted by police
personnel despite the Government's official condemnation of such practices.
According to the reports received it would appear that most cases of deaths in
custody under torture occur during the preliminary stage of detention when
access to outsiders is routinely denied. The alleged perpetrators of these
E/cN. 4/1996/4
page 57
human rights violations are often members of the police or armed forces who
enjoy virtual impunity. A large number of the violations of the right to life
were reportedly committed in regions where security forces maintain a strong
presence as a result of counterinsurgency operations of the Government. Jammu
and Kashmir, Punjab and Uttar Pradesh have been singled out to the Special
Rapporteur as being particularly affected.
Allegations transmitted
232. The cases transmitted to the Government include numerous deaths in
custody of Naxalite activists and persons of Naga ethnic origin. The Special
Rapporteur transmitted 84 cases of alleged extrajudicial, summary or arbitrary
executions:
(a) The following persons reportedly died while in custody as a result
of torture: Mittampalli Srinivas and Malla Ramesh; W. Deven Singh;
Kuldip Singh, who died whilst being taken to the hospital from Tihar prison in
New Delhi; Satish Kumar, aged 13; Manoj Kumar and Puroshottam Kumar, who died
in Naubatpur police station, Bihar; Hifajat Karim, beaten to death by police
in Barbhanga jail; Ram Kumar; Bundu, aged 80; Romancel Deep, aged 14;
Varikuppala Shankaraiah; six prisoners of Pilibhit jail, all Sikhs of
Uttar Pradesh, were killed following beatings by prison wardens;
(b) Reportedly killed by police officers: Rajesh Dhawan; Nathu Alias
Ayub Khan and four other persons, killed when a police subinspector entered
the mosque at Milal Masjid and fired on the assembly; Shahid and four other
unidentified individuals; Ekkati Veeranna, a peasant youth; Muppu Mogili;
Kasaria Kanakaiah; Koppula Shankar; Mada Santosh, Puli Mohan and
Yugandhar Reddy, who were reportedly shot dead by police in Chalivagu
following their arrest; Shivarati Swamy; Bayya Mallesham; Sadum Mallikarjun;
Jaganath Ram; Gundeboina Anjaiah and Padma were arrested and killed in
Jangaon; Kanakanna; Tirupati and Seshaiah; Tokala Jayanth; Rai Sidam
Ballarshah, a member of the Mangi tribe; Chencharapu Venkat Reddy,
Esam Jaggaiah and Bonotu Seetaram, who were tortured and shot dead;
Gujjeti Santosh and Banda Ravinder; Chilimula Tirupati; M.D. Rahimuddin and
Ragalla Sambaiah; Gajula Bhumaiah; Chinaboina Sammaiah; Mala Narsimha;
Gudipelli Jaipal; Ravula Swamy and Gollapalli Chandraiah; Narasimha;
Jaganath Ram; Neerupalli Balayya, Poldasu Lokaswany, Boya Srinivasulu and
Sudhakar Gowd, who were arrested and killed by the police in retaliation for
the death of police personnel in a land-mine blast by Naxalites near Somasila;
(c) Reportedly killed by indiscriminate shooting by the police:
Komaram Anand, Sugemanchi Anand and Rachuri Malyadri, killed during a raid in
Rayalagandi, Amrabad Mandal; Bhimuni Gattaiah, killed when police opened fire
on an assembly organized by the Naxalites in Kaluvapalli; Chityal Mandal;
Han Biswakarma, a Nepali woman who died following an attack by police in
West Bengal;
(d) Reportedly killed by members of the army: Abdul Rashid Dar; Ghulam
Muhammad Lone, journalist, and his seven-year-old son; two unidentified
individuals killed following interrogations by soldiers of the 2nd Grenade
Battalion; 14 unidentified persons reportedly killed when the 16th Maratha
Light Infantry and the 10th Assam Rifles went on a rampage in Mokochung,
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Nagaland (north-east India) ; seven Naga civilians, among them two children,
killed in Kohima (north-east India) by personnel from the 16th Rashtriya
Rifles;
(e) Javeed Ahmad, Ghulam Nabi, Mushtaq Ahmad, Pir Bashir Shah and Abdul
Rashid Ehat, who were reportedly killed at Gada Kocha by paramilitary forces
in retaliation for an attack by Kashmiri rebels.
233. In addition, the Special Rapporteur transmitted the cases of: 26 people,
including 14 children and 7 women, who were reportedly killed by law
enforcement forces in Khagaria; 113 unidentified people, members of the
Gauri tribe, reportedly killed in a demonstration in Nagpur (western India) ;
Dontula Markandeya (Shankar) and Vijaya were shot dead by police during a raid
on their house in Nizamabad.
Communications received
234. On 22 November 1995, the Government of India provided the Special
Rapporteur with replies to cases which were sent in 1992, 1994 and 1995.
235. 1992 cases . The Government replied that no person named Rajender Prasad
Sharma had been detained on 21 October 1991. Inquiries into the deaths of
Bashir Ahmad and Ram Vilas had concluded that they were due to natural causes.
Raisl alias Ayyyan Ahmad had died as a result of the consumption of “smack”.
Rajaboyina Kasulu and Singh Bisht had committed suicide while in custody.
Nasir Khan and N. Krishnamohom Singh drowned while trying to escape police
custody. An investigation by the Criminal Investigation Department (CID) was
still under way in the cases of Susil Kumar Baigkhadia, Dushyant Tyagi and
Dr. Anis Arisari. A magisterial inquiry was terminated, and a criminal case
had been filed against those officials responsible in the following three
cases: 16 unidentified persons, compensation had been paid to the families of
the deceased; Jaganvath, compensation had been ordered by the High Court; and
Kuber Lal. Rahisuddin had died due to beatings by private persons, not by
public officials.
236. 1994 cases . Investigations were still under way in the cases of Udayan
Raju Ehujel and Madan Lal. Inquiries by the CID had concluded that Shankar
Lal Aoni had died of natural causes. After investigations by the CID,
responsibility was attributed to State officials in the cases of
Mahimam Kasuhik and Mahesh Jam. Rajender Singh had committed suicide.
Investigations in the cases of Chitar Lal, Rajesh Singhal and Teja Ram Ehil
were concluded and a criminal case was filed against the State officials
responsible.
237. 1995 cases . Magisterial investigations in the following cases had
concluded that there was a prima facie case against the police, law
enforcement officials or government officials. Court proceedings were under
way in the following cases: Sukhdev Singh, Labha Singh, Tarsem Singh,
Sarvjit Singh, Karaj Singh, Jeet Singh. The death of Ghulam Mohammad Lone was
the result of a common crime. In the following cases magisterial
investigation concluded that police had acted in self-defence and in discharge
of its duties: Chinaboina Sammaiah; Muppu Mogili and Mada Santosh; Puli
Mohan; Ragalba Sambaiah and Md. Rahimuddin; Ehimuni Gattaiah; Gijeh Santosh
E/cN. 4/1996/4
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and Banda Ravinder. Inquiries had concluded that Ekkati Veerajah had died
during an encounter. Magisterial inquiries concluded that the death was due
to a natural or other cause in the cases of Kuldip Singh, who died due to a
heat stroke, and Romancel Deep, who committed suicide. Judicial proceedings
were under way in the case of Satish Kumar. A magisterial inquiry was under
way in the following cases: Bayya Mallesham, Yugandhar Reddy, Markandeya
(Shankar) Dontula and Vijaga. A magisterial inquiry was under way in the
following cases of prima facie deaths during an encounter: Gajula Bhumawah;
Gundeboina Anjaiah (Balanna) and Padma; Tirupati; Seshaiah; Tokala Jayanth;
Abdul Rashid Dar; Sheikh Mohd. Yasir and Habibullah Ehat; Salim Hameed,
Javeed Ahmad, Ghulam Nabi, Mlusthaq Ahmad, Pir Basir Shah, Abdul Rashid Ehat;
Kasaria Kana Kaiah; Shivarati Swamy; Sadum Mallikarjun.
Observations
238. The Special Rapporteur wishes to thank the Government for the replies
provided. However, he remains deeply concerned by the reported failure of the
Government to prosecute members of security forces involved in human rights
violations.
239. In addition, he expresses his dismay at allegations of deaths under
torture and the lethal force used by security forces in their efforts to curb
the separatist movement in Jammu and Kashmir. Such reports, which have been
received consistently since the Special Rapporteur took over this mandate,
seem to indicate the existence of a pattern of violations of the right to
life.
240. In view of the increase of the allegations of death in custody, the
Special Rapporteur calls on the Indian authorities to strengthen safeguards
regarding the interrogation of suspects, ensure that police do not use force
to extract information from detainees and impose police accountability for
human rights violations. The Special Rapporteur urges the authorities to make
every effort to ensure that perpetrators of torture, ill-treatment and the
shooting to death of unarmed civilians are brought to justice.
241. Due to the systematic allegations of violations of the right to life in
India, the Special Rapporteur would like to reiterate his interest in visiting
India so as to be in a better position to assess the situation of the right to
life. As stated in previous years, such a visit would allow the Special
Rapporteur to make recommendations from which the National Human Rights
Commission could benefit, and to obtain a better understanding of its
functioning in practice as well as obstacles faced by it. He is concerned
that no substantial progress has been made since 1993 regarding his proposed
visit.
Indonesia
242. The Special Rapporteur received reports suggesting that violations of the
right to life continue throughout Indonesia and East Timor. The Special
Rapporteur received allegations about increased industrial unrest in the
country, caused by demands for wage increases and the prohibition of free
E/CN. 4/1996/4
page 60
trade unions. Protests relating to these issues are alleged to be frequently
met with violence and are said to have resulted in imprisonments, injuries and
deaths of protesters.
243. The Indonesian police and military are reported to continue to commit
human rights violations with virtual impunity. According to the information
received by the Special Rapporteur, in the majority of cases the violations
are not systematically investigated by the authorities, and it has been
alleged that military officers have discretion in deciding whether or not to
proceed with a case. Perpetrators are reportedly hardly ever brought to
justice and in cases where investigations do take place, the majority of them
are conducted by the security forces and frequently even by members of the
unit believed to be responsible.
244. Furthermore, the Special Rapporteur received reports about the recurrence
of death sentences carried out in Indonesia. In January 1995, the first two
persons on death row were said to have been executed after a halt in
executions since December 1992. The Special Rapporteur received reports of
prisoners who had been detained on death row for many years, sometimes more
than 20, awaiting their execution. It was also brought to the Special
Rapporteur's attention that prisoners who have been sentenced to death by
civilian courts after appealing to the High Court and Supreme Court
respectively have the right to request presidential clemency. However,
clemency is seldom granted and many prisoners are thus reportedly refusing to
request it for fear that it will close the last legal avenue available to them
and hasten their death. Disturbing reports have been received containing
allegations that since this is causing legal and administrative problems,
judicial and executive authorities have in some cases requested clemency for
prisoners either without their knowledge or against their will, thus risking
arbitrary use of it by both the judicial and the executive branches of the
Government.
245. Concerning the human rights situation in East Timor, the Special
Rapporteur continued to receive reports in 1995 about violations of human
rights including violations of the right to life by members of the security
forces and armed forces. Since November 1994, an increased number of
pro-independence demonstrations have reportedly taken place in East Timor,
which were allegedly frequently met with violence by security forces,
resulting in excessive use of force, arbitrary arrests, detention and torture.
The Special Rapporteur was informed that demonstrations were sometimes
violent, and that there were increasing ethnic tensions between East Timorese
and Indonesian immigrants. Information was also brought to his attention with
regard to acts of harassment and attacks against civilians by so-called
Ninja gangs, allegedly acting in connivance with the Indonesian security
forces. These hooded individuals have allegedly been involved in attacks
against pro-independence activists since the widespread unrest resurfaced in
November 1994.
Allegations transmitted
246. The Special Rapporteur sent one urgent appeal to the Government after
receiving additional information concerning Kamjai Khong Thavorn, a Thai
seaman who was reportedly facing imminent execution, and for whom a previous
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urgent appeal had been sent in 1993 (see also E/cN.4/1994/7, para. 350) .
The trial as well as the subsequent appeals and legal procedures had allegedly
been conducted in the Indonesian language which at the time was neither
understood nor spoken by Mr. Khong Thavorn. The Special Rapporteur was
furthermore informed that prison officials were reported to have filed a
clemency appeal on behalf of the defendant, without the defendant's
full agreement or understanding and without informing his lawyers
(8 February 1995) .
247. Furthermore, the Special Rapporteur sent 33 cases to the Government of
Indonesia concerning the alleged violation of the right to life of 47 persons.
The majority of the killings reportedly took place in 1994.
248. The Special Rapporteur received a number of reports containing
allegations of extrajudicial killings of labour activists which occurred
in 1993 and 1994, and sent the cases of the following labour activists to the
Government of Indonesia: Titi Sugiarti (female) actively involved in planning
a strike for higher wages, reportedly tortured and killed by unknown persons
in Bandung; Rush, reportedly found dead after his participation in a strike
which was reportedly ended by the security forces, in Medan, North Sumatra;
Marsinah (female) allegedly raped and killed in May 1993 after involvement in
a strike at a watch factory in Porong.
249. Moreover, the Special Rapporteur transmitted to the Government of
Indonesia four cases of alleged extrajudicial executions in East Timor.
One concerned the killing of six unidentified civilians who were reportedly
shot dead by Indonesian soldiers in Liquiza, West Dili, on 13 January 1995.
After sending the case to the Government, the Special Rapporteur received
additional information in which it was reported that the National Commission
on Human Rights had announced at the end of February 1995 that the victims of
the Liquiza killings were civilians and not guerrillas killed in an army
ambush, as had been stated by the armed forces. The authorities had
reportedly announced that an Honorary Military Council was to investigate the
killings. The Special Rapporteur also transmitted the following cases to the
Government of Indonesia concerning alleged violations of the right to life in
East Timor: Nelson da Costa Mello Ribeiro and two unidentified persons, who
were reportedly killed by members of the Military Intelligence Units (SGI) in
the Villa Verde Area, Dili, East Timor, in mid-June 1995; Domingos Jose Dos
Reis and Alfonso Sarmento, who were reportedly killed on 1 January 1995 when
security forces opened fire on a crowd of demonstrators in Baucau; Marcelino
Freitas and Agostinho Belos, reportedly killed by members of Indonesian Army
Battalion 745 on 21 July 1995 at Wailacama-Baucau.
250. The Special Rapporteur sent the following cases to the Government
in 1995:
(a) Alleged killings by the police: Sudarmono, reportedly tortured to
death in Indramayu, West Java; Humala Hutabarat (alias Wool Poltak), allegedly
shot dead in Central Jakarta; Kuat Ginting, reportedly shot dead in Cililitan,
East Jakarta; M. Maknum, reportedly killed in Duran Sawit, East Jakarta;
Nurahman (alias Mejing Bintaryadi), reportedly killed in South Jakarta;
Acan (alias Warsan), reportedly killed in Jakarta; Yanto (alias Sumer),
reportedly killed in Jakarta; Johny Ceking, reportedly killed in
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Selabinatanam, Sukabumi; Sulaiman, reportedly shot dead in Cipnang Muara,
Jakarta Timur; Ramin Rakujan and Nurhudin Rahmani, reportedly shot dead in
Teluk Gong, North Jakarta; Lamsir Bin Pawiro Pandi, reportedly shot dead in
Boyolali, Central Java, by the Forestry Special Police ( Polis Khusis Hutan ) ;
Rudyanto, reportedly shot dead in Tentena, Sulawesi Tenggara. The following
four cases concerned alleged killings by the police which reportedly occurred
in 1994, while victims were trying to escape while they were showing police
hideouts of accomplices: Muka Situmeang; Sugeng, in Karet Tengsin, Central
Jakarta; M. Amsir, reportedly killed in East Jakarta; Denny Irawan, reportedly
shot dead in Ciracas, East Jakarta;
(b) Alleged killings by security forces: Abdul Manan, Jaenuddin, Ahmad
and Wayudin, one of them a 12-year-old boy, all four members of a religious
community, who were reportedly killed on 29 July 1993 by officials of the
security forces in Sinargalih, Majalengka, West Java; Misran, who reportedly
died as a result of the use of excessive force by security forces in response
to a demonstration in Desa Ksikan, Riau;
(c) Alleged deaths in custody: Syamsul Bahri, who reportedly died
after being beaten and shot at the police station of Pangkalanbrandan,
North Sumatra; Jupri, reportedly killed by police in Wijaya Kesuma,
West Jakarta; Tony Matondang, who was reportedly shot dead in East Jakarta by
members of the police of Polres Jakarta Timor; Kadimum, who reportedly died
after being beaten whilst in police custody in Bantul, Lampung; Hartono, who
was reportedly shot dead in West Jakarta; Djatmiko, who was reportedly beaten
to death in December 1992 by prison guards during detention at Sragen prison
in Central Java; “Maman”, who was reportedly killed whilst in police custody
in Cipinang, East Jakarta;
(d) Alleged killings by members of the armed forces: Mat Juri,
reportedly shot dead in Bangkalan, Madura;
(e) Alleged execution after unfair trial: Chan Ting Chong (alias
Steven Chan) , of Malaysian nationality, reportedly executed on 13 January 1995
after an unfair trial, in Cibubur, East Jakarta.
Communications received
251. The Government replied to the urgent appeal of 8 February 1995 regarding
allegations concerning the case of Khong Thavorn Kamjai. The Government
referred the Special Rapporteur to the reply that had been provided in 1993
(E/cN.4/1994/7, para. 352) (9 February 1995) .
252. The Government provided a reply to a number of cases containing
allegations of extrajudicial, summary or arbitrary executions in Aceh and
East Timor, which had been sent by letter of 27 April 1993. The Government
stated that the list of people allegedly executed arbitrarily had also been
communicated by the Working Group on Communications of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities, which had
subsequently decided not to take any action in respect of the communication.
In the same letter, the Government provided the Special Rapporteur with
replies regarding the following cases which were sent by the Special
Rapporteur in 1994. In the case of the death in custody due to torture during
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interrogation of Jerry Manafe, those responsible had been tried and sentenced
to imprisonment by the military court of Kupan. In the case of the death of
JIIilio Sarmento, the Government replied that he had died in a car accident
upon return from his daily work. The Government stated that allegations
concerning the death of Jong Kim Jong were not correct, since he had been
killed in an ordinary criminal case. Regarding allegations of the killing of
six people in Mai-Woi village on 30 October 1994, the Government denied that
these killings had occurred and stated that no such persons exist. The
Government failed to reply to other allegations that were sent and stated that
they were “sheer allegations for their own sake”. The Government replies have
been transmitted to the sources (31 January 1995) .
253. In addition, the Government responded to the cases sent in September 1995
concerning a number of alleged executions. The Government informed the
Special Rapporteur that in the case of the alleged extrajudicial execution of
Nelson da Costa Mello Ribeiro and two unidentified persons, which had occurred
in the area of Villa Verde, Dili, a two-month investigation had concluded that
no extrajudicial killings had been carried out by the intelligence unit in
that area. The Government also informed the Special Rapporteur that Domingos
Jose Dos Reis and Alfonso Sarmento had not been killed. Furthermore, the
Government replied that Agostinho Belo and Marcelino Freitas had died in
a clash with the security apparatus, which had acted in self-defence,
on 27 July 1995 (20 November 1995) .
Observations
254. The Special Rapporteur thanks the Government of Indonesia for the replies
provided to the Special Rapporteur in 1995. He would, however, like to bring
to the attention of the Government of Indonesia the fact that the rejection of
a communication by one mechanism within the United Nations human rights system
does not relieve a State from its obligation under international law to
cooperate with other mechanisms. The rejection in casu by an organ
functioning under the confidential “1503 procedure”, therefore, does not
prevent a special rapporteur with a mandate under which information is made
public, as established by the Commission on Human Rights, from considering the
cases within the framework of his mandate. The communications received by the
source contained allegations of extrajudicial executions, and would therefore
fall within the competence of the Special Rapporteur on extrajudicial,
summary or arbitrary executions. The Special Rapporteur therefore requests
the Government of Indonesia once again to respond to his communication sent
on 27 April 1993 regarding several cases of alleged extrajudicial, summary or
arbitrary executions.
255. The Special Rapporteur regrets that no reaction has been received from
the Government with regard to the recommendations made upon his visit to
Indonesia and East Timor in 1994 (E/cN.4/1995/61/Add.1, paras. 77-88). He
hopes, however, that the dialogue started during the visit will continue, in
particular through the visit of the High Commissioner for Human Rights as
requested in the statement of the Chairman of the Commission on Human Rights
in 1995. Moreover, he hopes that the visit of the High Commissioner will
facilitate discussion of his recommendations with the Government of Indonesia.
E/CN. 4/1996/4
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256. The Special Rapporteur encourages the National Human Rights Commission to
continue its investigation of human rights violations in Indonesia, with the
hope that procedures will be more formal and strengthened by the application
of relevant international standards. The Special Rapporteur remains
concerned, however, about the reports and allegations that were brought before
him concerning extrajudicial and summary killings by police and security
forces. He also expresses his deep concern about the large number of deaths
in custody that are reported to have occurred, particularly in Java and in
Jakarta, and he calls upon the Indonesian Government to investigate these
allegations and to take measures to prevent such incidents from recurring.
257. With regard to the situation in East Timor, the Special Rapporteur
remains deeply concerned about the ongoing unrest and the violence. He urges
the Government to make sure that the force used in response to demonstrations,
even those that are violent, will be in accordance with the Basic Principles
on the Use of Force and Firearms by Law Enforcement Officials.
Iran (Islamic Republic of )
258. The Special Rapporteur received information about the lack of procedural
safeguards in trials before Islamic Revolutionary Courts which lead to the
imposition of capital punishment. The death penalty in Iran is reportedly
used for crimes ranging from espionage and drug-trafficking to adultery and
murder. Reports concerning attacks against members of the political
opposition to the Government in and outside the Islamic Republic of Iran,
allegedly by unidentified individuals reportedly linked to the Iranian
security forces, were also received.
259. For an in-depth analysis of the situation of human rights in Iran, the
Special Rapporteur refers to the report of the Special Rapporteur on the
situation of human rights in the Islamic Republic of Iran (E/CN.4/1996/59) .
Allegations transmitted
260. The Special Rapporteur sent urgent appeals on behalf of the following
persons: Yshar Parvis Sasson, reportedly sentenced to death on charges
of having links with Zionism and being in possession of a falsified
passport (3 February 1995) ; Saba'JIId'Ali and Zaynab Haydari, allegedly at
risk of execution by stoning after they had been sentenced to death for
adultery (17 July 1995) ; FaZel Khodadad, a 50-year-old businessman, reportedly
sentenced to death by hanging for an economic offence (17 November 1995) .
The Special Rapporteur learned with regret that the person was executed
on 22 November 1995.
261. In addition, the following cases of alleged extrajudicial, summary or
arbitrary executions were also sent to the Government: Ali Akbar Sa'Idi
Sirjani, a well-known writer opposed to censorship, who reportedly died
while in detention; Haji Mohammad Ziaie, a Sunni Muslim leader known to be
critical of government policies, who was reportedly found dead beside his
car; 10 unidentified demonstrators who were reportedly shot dead by armed
forces of the Iranian Revolutionary Guard during riots in the town of
Akbar-Abad.
E/cN. 4/1996/4
page 65
262. Furthermore, the following members of the Mojahedin Khalq Movement were
said to have been killed in Baghdad, Iraq, by unknown armed men allegedly
acting under the orders of Iranian authorities: Ef fat Haddad, Feresheth
Esfandiri, Seyed Hossein Sadidi, Ibrahim Salimi and Yar-Ali Gartabar Firouz.
The case was also transmitted to the Iraqi authorities, who were requested to
carry out investigations of the allegations.
Follow-up
263. The Special Rapporteur addressed a letter to the Government of the
Islamic Republic of Iran requesting more specific information about the
killings of Reverend Mehdi Dibaj and Reverend Mikhailian. The Government had
informed the Special Rapporteur on 15 August 1994 that members of a terrorist
organization called “Mojahedin Khalq of Iran” (MKO) were responsible for their
deaths. According to the Government, the attribution of these murders to the
Islamic Republic of Iran was part of a strategy to intensify international
pressure against Iran.
264. The Special Rapporteur informed the Government of Iran that recent
information which he received from different sources questioned the
involvement of MKO in the incidents. The Iranian authorities held three
women, Farahnaz Anami, Battol Vaferi and Maryam Shahbazour, reportedly members
of MKO, responsible for the killings. However, it was brought to the Special
Rapporteur's attention that MKO had never recognized the women as members of
the Movement. In addition, several sources continued to stress that both
Reverend Mehdi Dibaj and Reverend Mikhailian had been threatened on previous
occasions, allegedly by Iranian authorities, for having campaigned in favour
of religious freedom in Iran. Therefore, the Special Rapporteur reiterated
his demand for further information. He also reminded the Government of the
cases sent in 1995 for which a reply had not been received, particularly in
respect of the cases of Bishop Haik Howsepian Mehr and Feizollah Mekhoubad,
sent to the Government in 1994 (17 October 1995) .
Observations
265. The Special Rapporteur regrets that no replies to his letters have yet
been received. He is concerned about reports of extrajudicial, summary or
arbitrary killings abroad of opponents of the Iranian Government. The
Special Rapporteur continues to express dismay at attacks against religious
minorities and regrets that investigations have been concluded in only a few
cases. He continues to express concern for the large number of executions in
Iran, including for drug and sexual offences.
Iraq
266. According to reports received, at least nine decrees establishing severe
penalties such as amputations, branding and the death penalty for criminal
offences, including theft, currency speculation, military desertion and
corruption, were issued by the Government at the beginning of 1994.
Reportedly, doctors had been imprisoned and sometimes executed for refusing to
perform punitive amputations and branding. In addition, special provisional
E/CN. 4/1996/4
page 66
courts have been reportedly established to deal with certain political
offences. It was alleged that these courts operated without regard for legal
safeguards, such as the right to legal representation.
267. For an in-depth analysis of the situation of human rights in Iraq, the
Special Rapporteur refers to the report of the Special Rapporteur on the
situation of human rights in Iraq (E/CN.4/1996/61) .
Allegations transmitted
268. The Special Rapporteur transmitted to the Government of Iraq allegations
concerning the extrajudicial, summary or arbitrary executions of the following
individuals: 30 money changers, reportedly killed in Al-Hartheya area by
Iraqi security police, after having been accused in a newspaper article of
being responsible for the devaluation of the Iraqi dinar; 200 unidentified
persons, of whom at least 100 were civilians, allegedly killed after clashes
with Iraqi military forces in the city of Al-Ramadi.
269. In addition, the Special Rapporteur requested the authorities to conduct
investigations into the cases of Ef fat Haddad, Feresheth Esfandiri,
Seyed Hossein Sadidi, Ibrahim Salimi and Yar-Ali Gartabar Firouz, members of
the Mojahedin Khalq Movement, an Iranian political opposition party,
reportedly killed in Baghdad by unknown armed men allegedly acting under the
orders of Iranian authorities.
Communications received
270. Regarding the case of the 30 money changers, the Government stated that
the allegations were inaccurate. According to the Government the Directorate
to Combat Economic Crime, while patrolling the districts of Harithiya, Samw'al
and Kifah, arrested 103 persons engaged in foreign currency speculation. A
commission of competent officials, formed to investigate those arrested,
ordered the detention of 73 persons for a period of a year, the release
of 10 persons after they had made a written statement undertaking to refrain
from engaging in foreign speculation, the release of 17 other persons, and the
referral of three persons to the court. The Government stated that none of
the arrested persons had been executed.
271. By a note verbale dated 28 July 1995, the Government transmitted a copy
of Revolution Command Council Decree No. 61 of 22 July 1995 which remits the
remainder of the sentences of Iraqi prisoners and detainees, commutes death
sentences to life imprisonment and pardons persons liable to the penalty of
amputation of the hand or the auricle of the ear. The decree does not cover
those convicted of the following offenses: drugs, espionage, murder
associated with robbery, embezzlement or theft of State property, assaults on
officials or public servants during or because of their discharge of their
duties, bribery, rape, sodomy and incest. A copy of Decree No. 64,
promulgated by the Revolution Command Council on 30 July 1995, granting a
general amnesty to persons convicted for political reasons, was also
forwarded. A detailed analysis of the decree can be found in the first
periodic report on the situation of human rights in Iraq (E/cN.4/1996/12).
E/cN. 4/1996/4
page 67
Follow-up
272. The Special Rapporteur sent a letter of reminder to the Government in
respect of the cases for which a reply had not yet been received.
Observations
273. The Special Rapporteur thanks the Government of Iraq for its willingness
to cooperate with his mandate. None the less, he is deeply concerned at
allegations referring to an extension of the scope of the death penalty to an
increasing number of crimes, including economic offences. He reiterates his
dismay at repeated allegations of lack of respect for international safeguards
in trials leading to the imposition of capital punishment. The Special
Rapporteur wishes to emphasize that the death penalty is not an answer to the
social and economic effects of the embargo imposed on Iraq and appeals to the
Government to commute all death sentences.
Israel
274. Although there has been a decrease in the number of allegations of
extrajudicial, summary or arbitrary executions, information brought before
the Special Rapporteur suggests that violations of the right to life by
the Israeli Defence Forces have not ceased. (In this regard, the
Special Rapporteur would like to note that information has also been received
about killings committed in Israel by the Islamic Resistance Movement
(Hamas)) .
275. For more detailed information on the situation of human rights in Israel,
the Special Rapporteur refers to the report of the Special Committee to
Investigate Israeli Practices Affecting the Human Rights of the Palestinian
People and Other Arabs of the Occupied Territories (A/SO/463) and that of the
Special Rapporteur on the situation of human rights in the occupied Arab
territories, including Palestine (E/cN.4/1996/18).
276. During the period under review, the Special Rapporteur transmitted one
urgent appeal regarding conditions of detention in Khiam prison, allegedly in
territory under Israeli command, and transmitted eight cases of alleged
extrajudicial executions to the Government. The victims were mainly
Palestinians and included two minors, shot dead by Israeli Defence Force
soldiers.
Allegations transmitted
277. On 3 April 1995, a joint urgent appeal was sent by the Chairman of the
Working Group on Arbitrary Detention, the Special Rapporteur on extrajudicial,
summary or arbitrary executions, and the Special Rapporteur on torture, after
receiving information about the situation of prisoners held at the Al-Khyam
prison, in the Marjouyum region of South Lebanon, territory reported to be
controlled by the Israeli Defence Forces. Reference was made to the death in
custody and the death shortly after his release of Selim Awada and
Ali Al-Ghoul, who died in September and December 1994, respectively.
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278. The following Palestinians were reportedly killed during 1995 by soldiers
of the Israeli Defence Forces: Ziyad Khalil Nassar Al-Umarein, allegedly
killed at a permanent military check-point at the entrance of Al-Duboya;
Muhammad Khamis'Asi, 17 years old, Ashraf Suleiman Mafarja, ‘Isa Sa'id ‘Asi
and ‘Ali Isma'il'Abd Mafarja, reportedly shot dead in Ramallah; Ibrahim Khader
Ibrahim Id'Ies, 16 years old, reportedly killed at a military check-point near
the settlement of Tel Al-Rumeida.
279. In addition, the Special Rapporteur also transmitted the case of
Abdulsamad Harizat, who reportedly died in Hadassah Hospital in Jerusalem as a
result of head injuries sustained during interrogation by the Israeli General
Security Services at the Maskubia prison in Jerusalem.
Government replies
280. By letter dated 30 May 1995, the Permanent Mission of Israel to the
United Nations provided a reply to the joint urgent appeal, stating that the
Khiam prison has always been and remains solely under the control of the
South Lebanon Army (SLA), and that all inquiries should be addressed to them.
Follow-up
281. The Special Rapporteur addressed a letter of reminder to the Government
of Israel in respect of those cases to which a reply had not yet been
received (22 August 1995) .
Observations
282. The Special Rapporteur expresses his concern about the continuous
reporting of killings of children by the Israeli Defence Forces. He calls
upon the authorities to investigate the allegations, to bring the perpetrators
of the violations to justice and to take measures to prevent the recurrence of
such violations.
283. With regard to the situation in Al-Khyam prison, the Special Rapporteur
would like to reiterate that according to the information received, the
Israeli forces are in control in that area. He also emphasizes that State
responsibility goes beyond its actual territory, as far as its forces are
concerned.
284. The Special Rapporteur hopes that further negotiations between the
Israeli Government and the Palestinian authorities will continue, despite the
senseless assassination of Prime Minister Yitzak Rabin. He hopes that the
peace process will bring to an end violent attacks by extremists on both
sides. In addition, he urges the authorities to address human rights issues
in the framework of the peace process, and stressed the need to give special
attention to the protection of the right to life and to the fight against
impunity.
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Kenya
285. The Special Rapporteur received reports about an increased pattern of
harassment and intimidation of human rights activists, opposition figures and
journalists since the beginning of 1995, resulting in alleged arbitrary
detention and attacks against some human rights organizations. Allegations
were also received that a magistrate had refused to receive final oral
submissions by a group of human rights defenders who were on trial, presumably
for reasons relating to their political activities. Furthermore, serious
allegations were received about the harsh condition of prisons in Kenya.
Prisoners were reported to be suffering from severe overcrowding as well as
lack of adequate food, clothing, blankets and basic sanitary requirements,
allegedly resulting in deaths during custody. However, the Special Rapporteur
did not receive enough substantiated information to be able to act upon
individual cases in this regard.
Allegations transmitted
286. The Special Rapporteur sent to the Government of Kenya the case of
Rosemary Nyambura, who reportedly died on 10 May 1992 as a result of torture
by up to seven police officers at Ruaraka police station near Nairobi, after
she was allegedly arrested for not being able to show her identity card to the
police. In the post-mortem report it had been allegedly stated that the cause
of her death was internal injuries resulting from torture.
287. At the time the present report was finalized, no reply had been received
from the Government.
Kuwait
288. Concerns continue to be expressed about procedures followed by the State
Security Court which, according to the information received, do not conform to
international standards for a fair trial. Defendants are allegedly denied the
full right to appeal in ordinary criminal cases, and defendants tried before
the State Security Court allegedly have the right to a limited review of their
cases by the Court of Cassation, while criminal cases may be reviewed before
the Court of Appeal on issues of fact and law followed by a further review of
possible legal errors by the Court of Cassation.
289. The information received by the Special Rapporteur in 1995 was, however,
insufficiently detailed to enable him to send individual cases to the
Government of Kuwait.
Kyrqyzstan
290. The Special Rapporteur sent one urgent appeal to the Government of
Kyrgyzstan in 1995, concerning the death sentence handed down on
Vasily Skvortsov by the Bishhek City Court on 9 June 1994. It had been
brought to the Special Rapporteur's attention that Vasily Skvortsov was
suffering from a severe mental handicap for which he had been under medical
supervision since 1983. In addition, it was alleged that he was sentenced to
E/CN. 4/1996/4
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death after legal proceedings which fell short of international standards,
and that he had not been legally represented when his sentence was
considered (24 January 1995) .
Observations
291. The Special Rapporteur regrets the fact that at the time the present
report was finalized, no reply had been received from the Government. He
expresses concern about the reports that in Kyrgyzstan the death penalty may
be applied to mentally retarded persons, and calls upon the Government to
bring its national legislation into line with international standards
protecting the rights of mentally ill and mentally retarded persons.
Liberia
292. Contrary to previous years, the Special Rapporteur received distressing
and alarming reports about violations of the right to life. Armed conflicts
and clashes between different groups in Liberia, particularly between the
armed forces of Liberia (AFL) , the National Patriotic Front of Liberia (NPFL) ,
the Independent National Patriotic Front of Liberia (INPFL) , United Liberation
Movement for Democracy in Liberia (ULIMO), Lof a Defence Force (LDF), and the
Liberian Peace Council (LPC) have allegedly resulted in numerous cases of
grave human rights violations. They included the deaths of civilians who were
not actively participating in combat. Reports of indiscriminate killings,
forced labour, torture, looting and ritual murders, including allegations of
cannibalism, have been received. Reportedly, all factions involved in the war
are committing human rights violations.
293. Since 1989, rivalries among Liberia's factions have reportedly resulted
in the deaths of more than 150,000 persons, more than 1.5 million have been
displaced and some 800,000 have fled to neighbouring countries.
294. The establishment in 1993 of a United Nations Observer Mission in
Liberia (tINOMIL) and the deployment of the Economic Community of West African
States Monitoring Observer Group (ECOMOG) were the initial steps towards
finding a solution to the grave crisis in Liberia.
Allegations transmitted
295. The Special Rapporteur sent a letter to the Special Representative of the
Secretary-General in UNOMIL, requesting the cooperation of UNOMIL in obtaining
information about specific cases of alleged extrajudicial, summary or
arbitrary executions and the situation with regard to the right to life in
general. The Special Rapporteur explained that due to the current situation
in Liberia it was impossible for him to follow the usual procedure for
carrying out his mandate. He requested UNOMIL to inform him about its
mandate regarding violations of human rights, in particular the right to
life (27 May 1995) .
296. The Special Rapporteur transmitted the following allegations to
the Permanent Mission of Liberia to the United Nations Office at
Geneva (18 April 1995) . The allegations were related to violations of the
right to life which occurred mainly between September and December 1994:
E/cN. 4/1996/4
page 71
(a) Reportedly killed by NPFL soldiers: John Dahn, for refusing to
sell a bag of rice; an unidentified person, working as a nurse for a
humanitarian organization; John Hillary; Bakor, Sam Duo and two unidentified
persons killed during a raid in Pehekan; 75 unidentified persons, killed in
the district of South of Lac, Grand Bossa County;
(b) Reportedly killed by LPC soldiers: 25 unidentified persons killed
while trying to escape from Kangbo's town; 300 unidentified persons who had
gathered for a mass meeting at the market in Nimba; Josuaf Duweh, Moses,
Jesse Cooper, William Kuwor, David Hinneh and 7 unidentified persons, murdered
with cutlasses in Sabo Wofiken, Grand Gedeh County; Alex Weah, killed after
refusing to have sexual intercourse with the soldiers; 45 unidentified
civilians killed in Kpolokpalai in Kokoyah district;
(c) Reportedly killed by ULIMO soldiers: one unidentified person,
killed in Shankpallai town; a large number of unidentified civilians and
members of the hospital staff in Gbarnga, Cuttington University and
Phebe hospital.
297. In addition, the Special Rapporteur transmitted allegations concerning a
massacre, where 67 persons, a mother of an infant and 28 children under 10
were allegedly killed in Paynesville by members of the AFL-Krahn which is
linked with the LPC and the Central Revolutionary Council. The case
of 20 unidentified persons reportedly killed in a fight between LPC and NPFL
soldiers in Gbago, Grand Gedeh County was also sent to the Government.
Observations
298. The Special Rapporteur welcomes the conclusion of an agreement calling
for a cease-fire to begin on 26 August 1995 and for the establishment of a
Council of State on 2 September 1995, after a meeting in JIIuja, Nigeria,
on 20 August 1995 of Liberian faction leaders. He expresses concern, however,
at alarming reports about indiscriminate killings of civilians, including
women and children, some of whom seem to have been targeted on the basis of
their ethnic origin. He deplores the lack of an effective judicial system in
Liberia, which results in a situation where perpetrators of human rights
violations, and in particular the right to life, are not brought to justice.
In early 1994, the Special Rapporteur expressed his interest in conducting a
visit to Liberia and assisting in evaluating the possibilities for human
rights monitoring. No reactions have been received to date. The
Special Rapporteur calls upon all those involved to pay special attention to
the issue of human rights in the framework of the peace process.
Libyan Arab Jamahiriya
Allegations transmitted
299. The Special Rapporteur sent one urgent appeal to the Government of the
Libyan Arab Jamahiriya, requesting the Government to respect the right to life
and physical integrity of nine persons who were reportedly at risk of
imminent execution for “spying”, after being held incommunicado and
tortured, and after some of them had reportedly been forced to confess on
television. The names of the nine persons are as follows: Col. Miftah Qarrum
E/CN. 4/1996/4
page 72
al-Wirfali, Major Ramadhan al- ‘Ayhuri, Major Khalil Salam al-Jidiq,
Major Niftaf Bahr, Lt. Col. ‘Abdallah al-Waa'ir, Lt. Col. Daw al-Salihin
al-Jidiq, Lt. Col. Shitwi Miftah al Mabruk, Lt. Col. Mohammad al-Ghul and
Sa'ad Misbah al-Zubayi. It was also brought to the Special Rapporteur's
attention that during a meeting of the Revolutionary Committees in Bani Walid,
eastern Libya, the population was allegedly forced to sign a petition calling
for the execution of the nine persons mentioned, most of whom are from that
region. According to the information received it was not known whether the
nine had received a trial (22 September 1995) .
Observations
300. The Special Rapporteur regrets that no reply has been received from the
Government. He expresses his concern about the apparent lack of respect for
fair trial standards in trials leading to the imposition of capital punishment
as well as disregard of the safeguards which guarantee protection of the
rights of those facing the death penalty.
Lithuania
301. In May 1995, the Special Rapporteur received information that the issue
of whether the death penalty will be included in the new Criminal Code in
Lithuania was under debate in the Lithuanian Parliament. Concerns were
expressed that in the current application of the death penalty prisoners'
internationally guaranteed right to have their conviction and sentence
reviewed by a higher jurisdiction is not always respected.
Mali
Allegations transmitted
302. The Special Rapporteur transmitted to the Government the cases of the
following persons reportedly killed by army officials (“Red Berets”) :
Baba Koutam, arrested in Timbuktu and kicked to death; Mojamed Ould Sidi
Boubacar Cheik; 17 unarmed civilians reportedly killed near the Mauritanian
border; 17 unidentified persons killed in Gossi; 8 persons of Tuareg and
Belah ethnic origin killed in Gossi; Sidi Amar Ould Ely, Bagna Baba Boumama
and 11 unidentified persons found dead outside the Azalai Hotel in Timbuktu.
303. In addition, the Special Rapporteur transmitted to the Government
allegations according to which in August 1994, army personnel attacked nomad
camps in Almoustrat, near Gao, which resulted in the death of 93 persons. The
case of six Tuaregs reportedly burned to death in August 1994 was also sent to
the Government. (The Special Rapporteur also received information about
unarmed civilians killed by Tuareg armed gangs, who were said to be active in
the northern part of Mali.)
Observations
304. The Special Rapporteur regrets the lack of a reply to the communications
transmitted to the Government. He hopes that the peace agreement concluded
between the Government and the armed opposition will be respected in the
northern part of Mali and create a situation which will respect the lives of
E/cN. 4/1996/4
page 73
the civilian population. The Special Rapporteur calls on the Government to
carry out exhaustive and impartial investigations into these allegations with
a view to identifying those responsible, bringing them to justice and
compensating the victims.
Mauritania
305. The Special Rapporteur transmitted to the Government of Mauritania the
case of Amadou Pamarel Sow, 54, who was reportedly killed when members of the
security forces opened fire on him during a routine identity check on
27 October 1994 in Foundu.
Observations
306. The Special Rapporteur regrets the fact that at the time the present
report was finalized, no reply had been received from the Government. He
remains concerned about the reported total impunity, in law or de facto, of
members of the security forces.
Mauritius
307. The Special Rapporteur welcomes the fact that the Parliament of Mauritius
decided in August 1995 to abolish the death penalty.
Mexico
Allegations transmitted
308. The Special Rapporteur sent nine urgent appeals on behalf of human rights
activists as well as political and peasant activists and members of the
Catholic Church in Chiapas who were reported to have received death threats:
(a) Political activists: Maria Kramsky Espinoza, threatened for her
activities in support to Father Samuel Ruiz (21 February 1995) ; members of the
Partido Revolucionario Democr tico (PRD) and members of the Organizaci6n
Campesina de la Sierra del Sur (OCSS), including Jose Ascencio Dominguez,
Benigno Guzm n Martinez, Hector Ponce Radilla, David Molina, upon receiving
death threats in relation to their activities on behalf of the local
indigenous and peasant populations. In the same communication, the Special
Rapporteur referred to the killings of Ismael Mena Alvarez, Eugenio Aguirre
Bahenam, Pablo Salas Romero and Cristino Bibiano Nava (31 July 1995) . The
following members of the PRD in Chiapas received death threats following the
murder of PRD leaders Artemio Roblero Roblero and Higinio Sanchez Hern ndez:
Miguel Gonzalez Hern ndez, Juan Martinez L6pez, Juan Jose Ulloa P&ez,
Francisco Zavala Hidalgo, David Tovilla, Gilberto G6mez Maza, Raquel Ramirez
Morales, Carlos Bertoni, Apolinar Sanchez Hern ndez (28 September 1995) ;
(b) Members of the Catholic Church: Jose Alberto Paniagua Mijangos,
Father Javier Ruiz Velazco, Father Samuel Ruiz, Bishop of San Crist6bal de las
Casas, and other members of the Catholic Church in Chiapas, threatened because
E/CN. 4/1996/4
page 74
of their work as negotiators between the Ej rcito Zapatista de Liberaci6n
Nacional (EZLN) and the Mexican Government (31 March 1995); Bishop Arturo Lona
Reyes, after receiving death threats in relation to his work in favour of
indigenous rights (12 July 1995) ;
(c) Human rights activists: Father David Fernandez, head of the Human
Rights Centre Agustin Pro-Ju rez, following his published criticism of the
role of the security forces in a number of violent incidents in the States of
Chiapas and Guerrero (23 August 1995); Jose Lavanderos OEffiez, member of the
Human Rights Centre Agustin-Pro Ju rez, after he received threats reportedly
as a result of his work as a lawyer for a group of detainees accused of being
members of the EZLN (11 October 1995); Consuelo Morales, Victor and Amelia
Zabala, director and members of the Ciudadanos en Apoyo a los Derechos Humanos
(CADHAC) , after they had been threatened and intimidated (8 May 1995) ;
(d) Peasant activists: Benigno Guzm n Martinez, Jose Ascencio
Dominguez, Hector Ponce Radilla and David Molina, members of the Organizaci6n
Campesina de la Sierra del Sur (OCSS), following the killing in Aguas Blancas
by members of the police on 28 June 1995 of 17 peasants who were travelling to
Atoyac de Alvarez to attend a demonstration. In this incident, the following
persons were killed: Tom s Porfirio; Amado Sanchez; Fabian Gallardo;
Francisco Rangel; Pasito Hern ndez; Daniel L6pez Castaffieda; Victorino Flores;
Climaco Martinez; Paz Hern ndez Gonzalez; Mario Pineda; Andr s Refugio;
Antonio Abarca Santero; Gregorio Anialco Tabares; Florente Rafael Ventura;
Simplicio Martinez Reza, and two unidentified persons (13 July 1995) .
309. In addition, the Special Rapporteur transmitted the cases of the
following peasant activists who were reportedly killed by the security forces:
Manuel Diaz V squez and Israel Perez Gonzalez, both members of the
Organizaci6n Campesina Emiliano Zapata (OCEZ) ; Rafael Cruz Ocaffia, Manuel
Guti&rez L6pez and Mann Cruz Alvarez, peasants and members of the
organization Movimiento Tierra y Libertad .
310. Moreover, he transmitted the cases of: Neftali Ruiz Ramirez,
transvestite and gay activist, reportedly killed by an individual working for
the Policia Judicial del Estado ; Abraham Antonio Polo Uscanga, magistrate of
the Mexican Supreme Court, reportedly killed in June 1995 after he had
resigned from his functions because of irregularities in the judicial system.
The Special Rapporteur on the independence of judges and lawyers had sent an
urgent appeal on his behalf on 6 July 1995.
Communications received
311. On 19 December 1995, the Government provided a reply to the cases of
Rolando and Atanacio Hern ndez Hern ndez (E/CN.4/1995/61, para. 218 (b)),
stating that the National Human Rights Commission of Veracruz had concluded
that the allegations were inaccurate and no one in the community had seen the
corpses. Nevertheless, the source reiterated that the two bodies had been
found on 12 September 1994, with signs of torture, floating on the Chill6n
River.
E/cN. 4/1996/4
page 75
312. Regarding the threats and attacks on members of the Bishopric of
San Crist6bal de las Casas, the Government stated that the National Human
Rights Commission (NHRC) recommended to the authorities of Chiapas,
inter alia , to initiate investigations into the events and to adopt all
necessary measures to protect the physical integrity of Bishop Samuel Ruiz and
other members of the Catholic Church. Regarding the threats received by
Jose Paniagua Mijangos, the Government informed the Special Rapporteur that,
despite the fact that he had been approached by the NHRC to clarify the
incident, Jose Paniagua Mijangos did not provide further information and
the case was dropped due to lack of evidence (7 April, 27 June and
24 November 1995) .
313. In the case of death threats against Maria Kramsky Espinoza and her
family, the Government informed the Special Rapporteur that the NHRC initiated
inquiries, despite the fact that no complaint had been received concerning the
case (23 June 1995) .
314. In reply to the allegations concerning the killing of 17 peasants in
Aguas Blancas on 28 June 1995, the NHRC concluded that it was not proved that
the police had been attacked; therefore, they could not have acted in
legitimate self-defence. It was determined that the shots were all fired from
outside the lorry. Criminal and/or administrative responsibility for this
incident had to be attributed to certain public officials. A set of
15 recommendations was made by the NHRC to the Governor of Guerrero State,
including: the nomination of a new Fiscal Especial (Public Ministry) to
continue the investigations, removal of the Procurador General de Justicia del
Estado (Attorney-General) and other public officials for their conduct in
connection with the incident, indemnity of the families of the victims and
restructuring of the police forces. The Government also informed the Special
Rapporteur that investigations to determine the whereabouts of Gilberto Romero
V zquez were under way (23 August and 22 September 1995) .
315. Concerning the case of Bishop Arturo Lona Reyes, the Government stated
that, those who fired against the Bishop had been detained and were facing
criminal charges. The NHRC continued to investigate the case (4 September and
24 November 1995) .
316. Regarding the killings of Rafael Cruz Ocaffia, Manuel Guti&rez L6pez and
Mann Cruz Alvarez, the Government stated that an investigation was under way.
The four persons who were injured in the same incident were not able to
identify those responsible for the shooting (15 September 1995 and
24 November 1995) .
317. The Government stated with regard to the case of Hector Ponce Radilla and
David Molina that no evidence was found that their lives were in danger and
that they were in good health. Furthermore, the Special Rapporteur was
informed that three persons had been identified as the presumed perpetrators
of the killings of Ismael Mena Alvarez and Eugenio Aguirre Bahena. Concerning
the death of Pablo Salas Romero, investigations carried out by the Policia
Judicial del Estado de Guerrero concluded that his killing was due to family
disputes over land, as was the case in respect of Cristino Bibiano Nava. The
E/CN. 4/1996/4
page 76
Government pointed out that he was not a candidate of the PRD for the
municipal elections, as stated in the urgent appeal of 31 July 1995
(22 September 1995) .
318. By letters dated 23 June and 15 August 1995, the Government of Mexico
transmitted a series of publications of the work accomplished by the NHRC
which included an analysis of the events which occurred in Chiapas in
February 1995.
Follow-up
319. On 22 August 1995, a follow-up letter was sent to the Government of
Mexico. The Special Rapporteur thanked the authorities for the information
provided in a number of cases transmitted in 1995 and previous years and
requested further information in some of the cases. In this connection, the
Special Rapporteur asked for more details of the cases of Rolando and Atanacio
Hern ndez Hern ndez, and of the case of threats against Father Javier Ruiz
Velasco. The Special Rapporteur forwarded a reminder to the Government about
the cases transmitted since 25 November 1994 for which no answer from the
Government had yet been received.
320. In the same letter, the Special Rapporteur expressed concern about the
allegations of violations of the right to life which continue to be received,
in particular in connection with military operations by the Mexican security
forces against the EZLN. The Special Rapporteur therefore requested an
invitation to undertake a visit to Mexico in order to gather first-hand
information, so as to enable him to evaluate the situation with regard to the
right to life in a better way.
Observations
321. The Special Rapporteur thanks the Mexican Government for the replies
provided and the willingness shown to cooperate with the mandate. As no reply
has yet been received regarding a request to visit the country, he reiterates
his interest in conducting such a visit. The Special Rapporteur encourages
the Government to continue a dialogue with the Zapatista National Liberation
Army, in search of peaceful settlement.
322. He notes with satisfaction the work which has been initiated by the NHRC
but regrets the obstacles in the implementation of recommendations. He
remains concerned about the excessive use of force by law-enforcement
officials which has led to tragic events, such as that at Aguas Blancas, where
17 persons were killed. In this connection, he reminds the Government of the
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
and the need that these are implemented. He regrets an increase in the number
of allegations of extrajudicial, summary or arbitrary executions reported to
him in 1995 and that some perpetrators of human rights violations have not yet
been brought to justice and continue to enjoy impunity.
E/cN. 4/1996/4
page 77
Mongolia
323. The Special Rapporteur in 1995 received an alarming report concerning
prisoners in Mongolia who were allegedly dying of starvation during detention.
This was reportedly due to the authorities' lack of money, but it was also
alleged that food was withheld to force people to make confessions during
their pre-trial detention. For an analysis of the situation, reference is
made to the report of the Special Rapporteur on the question of torture
(E/cN.4/1996/35) .
Morocco
324. The Special Rapporteur was informed that 3 death sentences were
reportedly imposed in Morocco on 28 January 1995, which were the first ones to
be pronounced since the commutation of 195 death sentences in March 1994.
Allegations transmitted
325. The Special Rapporteur transmitted to the Government the case of
Kaidi Lahcen, who reportedly committed suicide on 28 January 1995, in the
prison of Kenitra, allegedly after sustaining ill-treatment. According to the
information received, he had been refused medicines.
326. By the time the present report was finalized, no reply had been received
from the Government.
Myanmar
327. The Special Rapporteur received information about violations of the right
to life by the State Law and Order Restoration Council (SLORC) , Myanmar's
ruling military authorities. Information regarding attacks perpetrated by the
Democratic Kayin Buddhist Organization (DKBO), an armed group reportedly
supported by SLORC, has also been received. Such attacks reportedly
constitute a pattern of intimidation against unarmed civilians, in particular
of Kayin (Karen) origin, seeking refuge in Thailand. For an in-depth analysis
of the human rights situation in Myanmar, 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 Myanmar (E/CN.4/1996/65) .
Allegations transmitted
328. The Special Rapporteur transmitted to the Government of Myanmar
four urgent appeals on behalf of the following persons:
(a) Maung Kyaw Pu and Saw Tah Kee, of Kayin ethnic origin, reportedly
arrested by SLORC troops while they were crossing the river from Thailand to
the Myanmar side (17 January 1995);
(b) Three urgent appeals were sent concerning Myanmar refugees living
in Thailand. The first appeal was sent after armed men in plain clothes
reportedly fired grenades and AK-47 rifles at 20 unarmed Myanmar refugees, who
were travelling in a truck. This incident was reported to have caused the
death of the driver, of Thai nationality, and two refugees, Me Paw and Peh
E/CN. 4/1996/4
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(7 March 1995) . A second appeal was sent after two men, San Tun and
“Uncle Jolly”, both said to be Kayin leaders, were reportedly abducted by some
30 members of the DKBO who had crossed the Thai border and entered the camp
where the persons mentioned were living (10 March 1995) . A third appeal was
sent after information was received about the reported abduction of
nine people of Kayin ethnic origin, including Saw Gay Phlo, members of his
family and Maung Li, by members of the DKBO (16 March 1995) .
329. In addition, the Special Rapporteur transmitted to the Government cases
of reported killings by SLORC troops of the following persons, including
two minors: Sai Seng 1-lam, shot dead in southern Shan State; Pa Kloh and
Paw Ghee, shot dead in Khee village; Kyaw Soe and Saw Ka Nu, shot dead in
Kaw Kya village; Por Sala and Por Ni-Ong, shot dead in Wornmai Koong-Tee
village; Othan Aung, Phoe Htaw and Saw Win, shot dead in Pa-Paun Area;
Saw Ko Pa Moo, shot dead in Thu Day village; two unidentified persons, shot
dead near Wa Daw village, Tha Hton town; two unidentified boys, aged 7 and 14,
killed as a result of air raids over their village.
330. The following persons were reportedly tortured to death: Laydoo Son,
Mohammed Siddique, Mohammed Tayub, Abdul Jabbar, Muslims of Arakan State;
o Sai Aung Mong, in Worn Pung Laing village; Sai Saring, Lung Khin, Am Pya,
in Thung Pung parish; Saw Ther Toe, in Paw Autaw village; Sai Su, headman of
the Torng Teik parish, in northern Shan State, in Norg Sien village; Sai Be
and Maung Pa Locke, in Lwe Paw village; Saw Ghay, Paw Muh Der village.
Communications received
331. With regard to the urgent appeal concerning Maung Kyaw Pu and Saw Tah,
the Government stated that they had not been detained by Government troops
(8 February 1995) .
332. In addition, a reply was provided regarding alleged armed attacks by
armed men belonging to the DKBO against civilians from Myanmar who were
residing on Thai territory. The Government provided the Special Rapporteur
with a detailed account of the latest developments concerning the peace offers
that were made to armed groups within its territory. According to the reply,
a number of armed groups subsequently had entered into cease-fire agreements
with the Government but others responded negatively to the offer. Overall,
the armed forces had unilaterally suspended their military operations in
Myanmar (13 March 1995) .
333. On 20 March 1995, the Government provided a reply to the Special
Rapporteur's urgent appeal of 16 March 1995 concerning the alleged abduction
of nine persons of Kayin ethnic origin as well as the alleged extrajudicial
execution of two Kayin refugees by members of the DKBO.
Observations
334. The Special Rapporteur wishes to thank the Government of Myanmar for the
replies provided. Persistent reports of violations of the right to life by
members of the DKBO on Kayin refugee camps in Thailand are most worrisome.
The Special Rapporteur urges the authorities to make every effort to ensure
E/cN. 4/1996/4
page 79
that members of the DKBO forces who are responsible for human rights
violations, particularly those involving the right to life, are brought to
justice.
335. The Special Rapporteur also calls on the authorities to take the
necessary steps to protect the lives and safety of Myanmar refugees living in
Thailand, near the border with Myanmar.
Nepal
336. The Government provided the Special Rapporteur with a reply to a case of
the death in custody of journalist Kumar Burathoki (E/cN.4/1995/61,
para. 232) . The Special Rapporteur was informed that a police investigation
was still under way. The Government also stated that since under national law
no provisions existed for compensation, no compensation was provided to the
family or the victim (12 April 1995) .
Observations
337. The Special Rapporteur wishes to thank the Government of Nepal for the
reply it has provided, and hopes to receive additional information in due
course. He calls upon the Government to bring its national legislation into
line with international standards, so as to ensure the right to compensation
and reparation for victims of human rights violations.
Nigeria
338. The Special Rapporteur received numerous allegations about human rights
violations in Nigeria, particularly about extrajudicial, summary or arbitrary
executions that continued to occur in 1995. The majority of the reports were
related to death sentences imposed after trials by military courts, allegedly
falling short of international standards.
339. Information was brought to his attention concerning secret trials,
allegedly held before the Special Military Court in Lagos, of a group of more
than 30 military officials and civilians accused of being involved in an
attempted coup d'etat which was discovered in March 1995. The accused persons
were reportedly detained incommunicado. It was alleged that the trials were
grossly unfair and failed to provide for the accused the right to appeal to a
higher judicial body. The sources furthermore expressed deep concern about
the lack of independence of the Special Military Court, which was reported to
be headed by a member of the military Government (the Provisional Ruling
Council) and composed of six other armed forces officers appointed by the
Government. According to the information received, the military tribunal
could try any person, whether military or civilian, on charges of treason or
other offences relating to an attempt to overthrow the Government by force,
and could hand down any penalty under criminal or military law without being
bound to the procedures of civilian or military courts. It was therefore
feared that the persons tried would be facing imminent execution after their
trials. For a more detailed analysis, reference is made to the report of the
Special Rapporteur on the independence of judges and lawyers (E/CN.4/1996/37) .
E/CN. 4/1996/4
page 80
340. The Special Rapporteur received many disturbing allegations with regard
to the trials before the Civil Disturbances Special Tribunal of nine Ogoni
leaders, which had commenced in 1994 and which resulted in death sentences.
The Civil Disturbances Tribunal, set up pursuant to the Special Tribunal Edict
of 1994 (Offences relating to Civil Disturbances), was reportedly empowered to
hand down death sentences, not only for offences related to the unrest that
occurred in Ogoni-land in 1994, but also for crimes previously not punishable
by death such as attempted murder. Concerns were expressed regarding the
alleged lack of independence and impartiality of this Tribunal. The Court
reportedly falls outside the normal judicial system, and was established by
the Government especially to try these cases. It was also alleged that
immediately after the disturbances in Ogoni-land took place, resulting in the
deaths of four moderate Ogoni leaders, the Government pronounced the nine
Ogoni leaders responsible for the murders. The Special Rapporteur was
furthermore informed about the lack of facilities for the defence to prepare
the cases, as well as bias in favour of the prosecution, which resulted in the
withdrawal of the lawyers of one of the defendants. It was brought to the
attention of the Special Rapporteur that key prosecution witnesses had stated
in sworn affidavits that they had been bribed to testify against the accused
persons. The sentences handed down by the Civil Disturbances Special Tribunal
furthermore could not be reviewed by a higher, independent jurisdiction.
After the imposition of the death sentences they were reportedly confirmed by
the Provisional Ruling Council and carried out very soon after.
Allegations transmitted
341. The Special Rapporteur sent the following four urgent appeals to the
Government of Nigeria, two of them in relation to the trials of the persons
allegedly involved in a coup d'etat against the Government and two jointly
with the Special Rapporteur on the independence of judges and lawyers with
regard to the trials of the nine Ogoni leaders, asking the Government to
clarify the allegations concerning the trials, as well as to prevent the death
sentences from being carried out.
342. Following two urgent appeals sent by the Working Group on Arbitrary
Detention on 5 April and 16 May 1995 respectively, the Special Rapporteur sent
two urgent appeals to the Government, both concerning secret trials by the
Special Military Court in Lagos. In the first urgent appeal, the Special
Rapporteur requested the Government to ensure protection of the rights of
the persons accused and to provide him with information about the
allegations. The communication was sent for the following 27 persons who
were amongst others reportedly being tried by the Special Military Court:
Lt. Col. M.A. Ajayi (rtd.), Major Akinloye Akinyemi, Lt. Col. V.0. Bangbose,
Lt. Col. Happy Kefas Bulus, Col. R.A. Emokpae, 2/Lt. R. Emonvhe,
Col. R.S. Bello-Fadile, Col. L.A. Gwadabe, Capt. M.A. Ibrahim,
Lt. Col. M.A. Igwe, Lt. Col. Izuorgu, Lt. Col. 0.E. Nyong,
Col. Emmanuel Ndubueze, Lt. Col. R.D. Obiki, Capt. A.A. Ogunsuyi,
Col. 0. Oloruntoba, Lt. Col. S.E. Oyewole, Lt. Col. I. Shuaibu,
Capt. U.S.A. Suleiman, S. Sgt. P. Usikpeko, Titi Ajanaku, Julius Badejo,
Felix Ndamaigida, Albaji Sanusi Mato, Peter Ijaola, Shehu Sanni,
Mathew Popoola (22 June 1995) .
E/cN. 4/1996/4
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343. In his second urgent appeal, he asked the Government to ensure the
protection of the right to life and physical integrity of the following
persons, who might be facing imminent execution after an allegedly unfair
trial and without having had the right to appeal to a higher judicial body:
Gen. Olesugun Obasanjo, Mrs. Christine JIIyanwu, Ben Charles Obi, Quinnet Ajogo
and Major-General Shehu Musa Yar'Adua, and eight other persons who had also
been mentioned in the previous urgent appeal. The Special Rapporteur
furthermore welcomed the intended visit to Nigeria of the Chairman of the
Working Group on Arbitrary Detention (19 July 1995) .
344. The third urgent appeal of the Special Rapporteur was sent jointly with
the Special Rapporteur on the independence of judges and lawyers and was
related to the death sentences handed down after an alleged unfair trial and
without the right to appeal on nine members of the Ogoni tribe. The nine
persons accused were Ken Saro-Wiwa, writer, environmentalist and President of
the Movement for the Survival of the Ogoni People (MOSOP), Dr. Barinem Kiobel,
Saturday Dobee, Paul Levura, Nordu Eawo, Feliz Nuate, Daniel Gbokoo,
John Kpuinen and Baribor Bera, who were reportedly sentenced to death by
hanging. The trials were held before the Civil Disturbances Special Tribunal
in Port 1-larcourt, Rivers State, which was established by the Government
allegedly especially to try these cases. The Government was reported to have
appointed the members of the Tribunal, among whom there was one serving armed
forces officer. The persons accused had reportedly been detained
incommunicado for eight months, whilst the President of MOSOP, Ken Saro-Wiwa,
had allegedly been tortured during the initial stages of his detention. In
the urgent appeal reference was also made to the fate of 17 other members of
the Ogoni tribe who, after eight months' incommunicado detention, were
reportedly detained on “holding charges” as of June 1995. One of them,
Clement Tusima, allegedly died in August 1995 whilst in prison, due to lack of
medical treatment and neglect, and the harsh prison conditions (2 November
1995) . The contents of the urgent appeal were publicized in a press release.
345. Since the death sentences were reportedly unanimously confirmed by the
Provisional Ruling Council on 8 November 1995 and the nine convicted persons
were facing imminent execution, the two Special Rapporteurs decided to send a
second joint urgent appeal strongly urging the Government to prevent the
sentences from being carried out, and requesting the Government to provide
them urgently with information concerning the trials (9 November 1995) . A
second press release, in which they expressed their deep concern about the
trials and the confirmation of the death sentences, was issued.
346. In this context, information brought to the attention of the Special
Rapporteur indicates that at least 16 supporters of MOSOP, who have been
detained since mid-1994, and 3 others, who were detained in October 1995, have
been charged with murder in connection with the killings of 4 Ogoni leaders in
May 1994. In the wake of the execution of Ken Saro-Wiwa and eight others, in
respect of the same killings, fears have once again been expressed for their
safety and physical integrity, as they are allegedly being held in harsh and
insanitary conditions, without access to medical care.
347. In 1995, the Special Rapporteur also transmitted to the Government of
Nigeria 14 cases containing allegations of extrajudicial, summary or arbitrary
executions of over 200 persons. The majority of the allegations was related
E/CN. 4/1996/4
page 82
to cases of killings by security forces. A considerable number of cases were
related to the abuse of power in response to peaceful pro-democracy
demonstrations:
(a) Alleged killings by members of the security forces: Godwin
Ehiagwina, student, allegedly shot dead on 21 August 1994; five unidentified
students, reportedly killed during a demonstration in Ekpoma on 30 June 1995,
in Edo State; Rasaki Sani, Ajibi Sani, Moshood Kelani, Damola Sadipe,
Idowu Torhowei and at least 150 unidentified persons, who were reportedly
killed in July 1993 during pro-democracy demonstrations by law-enforcement
officials comprising police, soldiers and security forces;
(b) Reported killings by the police: 2 unidentified demonstrators who
were shot in Lagos in July 1994; one unidentified person reportedly beaten to
death in Lagos in 1993; an unknown number of students who reportedly died
during a demonstration in 1992 in Lagos, as a result of excessive use of force
by anti-riot policemen; Princess Olaide Azeezat, a 16-year-old girl,
reportedly shot dead in June 1992; Olaleye Ajagun, who was reportedly beaten
to death in Inagege, Lagos, in 1994; Sunny Aliogor and Charles Ajabor,
suspected of being armed robbers, who were reportedly beaten to death;
20 unidentified demonstrators, reportedly killed in July 1994 in Lagos;
Sunday Emmanuel, student, and Lateef Ayinde, allegedly shot during a
demonstration in Lagos in July 1994;
(c) Death penalty allegedly imposed after an unfair trial:
Gabriel Ali, Uche Gabriel, Samuel Ani, Edwin Agbo, Roman Peters, Sunday Eze,
Simeon Agbo and 31 unidentified persons, reportedly executed in August 1994
after allegedly unfair trials before robbery and firearms tribunals;
Elizabeth Oleru and 3 unidentified persons, reportedly executed after an
unfair trial before a robbery and firearms court in May 1994;
(d) Reported death in custody: Michael Okere Mute Esiri, lawyer,
reportedly died under torture in police custody in Lagos in 1993.
348. On 22 November 1995, the Special Rapporteur addressed a letter to the
Charge d'affaires of the Permanent Mission of Nigeria to the United Nations,
in which he referred to the communication of 21 November 1995, signed by the
Special Rapporteur on the independence of judges and lawyers, in which he
requested the Government to extend to him an invitation to visit the country.
The Special Rapporteur informed the Government that, in view of the dialogue
started in relation to the human rights situation and in particular to the
protection of the right to life in Nigeria, he would wish to join the Special
Rapporteur on the independence of judges and lawyers on his visit. He
therefore requested the Government to extend to the two Special Rapporteurs a
joint invitation to visit that country, at a mutually convenient date.
Communications received
349. The Government acknowledged receipt of the cases sent by the Special
Rapporteur on 12 June 1995 (19 June 1995) and the Special Rapporteur's urgent
appeals of 22 June 1995 and 19 July 1995 (12 July 1995 and 31 August 1995) .
E/cN. 4/1996/4
page 83
The Government furthermore acknowledged receipt of the joint urgent appeal
concerning the reported death sentences handed down on Ken Saro-Wiwa and
eight other Ogoni leaders (2 November 1995) .
350. The Government of Nigeria provided the Centre for Human Rights with a
reply to the Working Group on Arbitrary Detention with the request to make the
information available also to the Special Rapporteur on extrajudicial, summary
or arbitrary executions. The communication contained a brief summary of the
detention of Chief A.M.A. Akinloye, Chief M.K.O. Abiola, Mr. Ken Saro-Wiwa and
Mr. Ledun Mittee. It was stated that information on the issue of the persons
allegedly involved in a coup and the disturbances in Ogoni-land would be
transmitted as soon as a reply was received from the relevant authorities
(31 August 1995) .
351. The Government of Nigeria provided the Centre for Human Rights with a
document entitled “The conviction of Ken Saro-Wiwa”, which was made available
to the Special Rapporteur. The Government informed the Special Rapporteur
that during the trial Ken Saro-Wiwa and the others were allowed access to the
counsels of their choice, who withdrew from the defence for inexplicable
reasons, leading to a delay in the proceedings. Government lawyers were then
appointed. The Government stated that the trial was not carried out before a
special military court, nor by a court martial, but by a special tribunal
recognized in Nigerian law. The Government pointed out that special tribunals
are recognized under the Nigerian judicial system and function like normal
courts, their principal purpose being to speed up the dispensing of justice
(14 November 1995) .
352. The Government of Nigeria provided the Special Rapporteur with copies of
the proceedings and final judgement of the Ogoni Disturbances (Special)
Tribunal, held at Port Harcourt, Rivers State, on Tuesday, 31 October 1995
(22 November 1995) .
Follow-up
353. The Special Rapporteur sent a letter to follow up on a number of cases
which had been transmitted to the Government in 1994, and to which the
Government had provided a reply. He informed the Government that he had
consulted the initial source concerning the developments in Ogoni land, which
were being investigated by the Federal Intelligence and Investigations Bureau
(FIlE) of the Nigerian Police Force. The source alleged that the FIlE was a
combined squad of Nigerian army, navy and air force personnel and itself
responsible for human rights violations including violations of the right to
life. As the versions given by the source and the Government differed
substantially, the Special Rapporteur requested the Government to furnish
further information regarding the allegations transmitted by the source. The
Special Rapporteur furthermore reminded the Government of the urgent appeals
sent concerning in particular the trial of those who had participated in
plotting against the Government, and he expressed particular concern about the
fact that no reply had been received (22 August 1995) .
E/CN. 4/1996/4
page 84
Observations
354. The Special Rapporteur thanks the Government for the provisional
information provided in response to his appeals. He expresses the hope that
the Government will provide him with additional information and full replies
to the cases and appeals in due course. As in previous reports, the Special
Rapporteur expresses his deep concern about the trials of civilians by special
or military courts, which are reportedly subject to government interference.
The Special Rapporteur is deeply disturbed by the persisting allegations and
reports about the gross unfairness of the trials in the above-mentioned cases,
such as that of Ken Saro-Wiwa, which led to his execution together with eight
others, and deplores the fact that the right to appeal of persons receiving
the death sentence after such trials is completely lacking. The Special
Rapporteur once more calls upon the authorities of Nigeria to ensure that
proceedings before the special and military tribunals conform to standards for
fair trial procedures as contained in pertinent international instruments.
355. Furthermore, the continuing violence by the police against demonstrators
and detained persons gives rise to deep concern. Numerous reports of the use
of excessive force in reaction to demonstrations are of grave concern to the
Special Rapporteur. He urges the authorities to take the necessary steps to
ensure that security forces abide fully by the norms and regulations governing
the use of force by law enforcement officials, in operations aimed at
restoring peace and order. Those employing excessive use of force should be
brought to justice, in conformity with international law, and the victims
should be compensated.
356. Moreover, with regard to the allegations relating to deaths in custody,
the Special Rapporteur calls on the Government to take measures to prevent
such incidents and urges the authorities to investigate the allegations.
357. In view of the seriousness of the human rights situation and in
particular the continuing violations of the right to life as reported, the
Special Rapporteur has informed the Government of Nigeria of his wish to join
the Special Rapporteur on the independence of judges and lawyers on a visit
to Nigeria.
Pakistan
358. In 1995, the Special Rapporteur received allegations of continuing
human rights violations in Pakistan, in particular violations of the right
to life. The Special Rapporteur received reports relating to the trial of
Selamat Masih, a minor, and his uncle Rehmat Masih, both Christians, who were
reportedly condemned to death for blasphemy and for whom urgent appeals had
also been sent in 1994 (E/CN.4/1994/7, para. 472).
359. Throughout 1994 and 1995, the Special Rapporteur received an alarming
number of reports about numerous human rights violations, and in particular
the right to life, of Mohajirs , an Urdu-speaking ethnic minority originating
from India, workers and sympathizers of the Mohajir Qoumi Mahaz (Mohajir
National Movement, MQM), a political opposition party active in the province
of Sindh. According to these reports, since 1994, hundreds of MQM members
have reportedly been killed during attacks and cordon-and-search operations by
E/cN. 4/1996/4
page 85
members of the security forces, mainly in the area of Karachi. The Special
Rapporteur received allegations that a rival faction named Hagigi , set up by
the Pakistani army, is supplied with arms and training, in order to undermine
MQM. Members of the Hagigi group are alleged to have acted against MQM with
the support and protection of the Pakistani Intelligence Service. Moreover,
the Special Rapporteur received reports about the involvement of the following
agencies in violent activities against the Mohajirs : the Intelligence Bureau,
the Internal Services Intelligence and the Rangers, a group of paramilitary
forces which are reportedly acting under the supervision of the Pakistani
army.
Allegations transmitted
360. The Special Rapporteur transmitted in 1995 two urgent appeals to the
Government of Pakistan for the following persons: Salamat Masih, 14 years of
age, and his uncle Rehmat Masih, who were reportedly sentenced to death for
blasphemy on 9 February 1995 in Lahore. In the urgent appeal, allegations
were transmitted in the case of John Joseph, a key witness to the killing
in 1994 of Manzoor Masih, who received death threats from Islamic groups. The
Special Rapporteur requested the Government to refrain from carrying out the
death sentences and referred to the international standards which prohibit
the imposition of death sentences on minors. The Special Rapporteur also
requested details about the process and results of investigations into the
killing of Manzoor Masih (10 February 1995) .
361. A second urgent appeal was sent on behalf of the persons mentioned above,
their lawyers, friends and family, following death threats received from
members of Islamic groups (28 February 1995) .
362. A massive number of allegations were received by the Special Rapporteur,
particularly from those related to members of MQM.
363. The following 43 cases, concerning the violation of the right to life of
at least 98 persons, were sent to the Government in 1995:
(a) Alleged killings of MQM workers by security forces or law
enforcement officials: Zahid Ali (Asif Ali) , tortured to death following
arrest; Mohammad Amin and Habib Siddiqi; Shanawaz Maheed, a minor, and an
unidentified person, reportedly shot dead during a raid against an MQM office;
(b) Alleged killings of MQM workers by police: Asad Khan (Abdul Qadir
Khan), Javed Mukhtar (Abrar Hussain) and Mohammad Arif (Mohammad Iqbal); Hafiz
Mohammad Zulfiquar (Haji Qamar Din) and Mohammad Hanif; Mohammad Nasir
(Mohammad Sharif), Saeed Ahmed (Abdul Majeed), Mohammad Usman
(Mohammad Islam), Mohammad Ismail (Summo) and Mohammad Tahir (Abdul Ghaf far);
Nasina Begum and Shanaz Begum (both female), reportedly shot dead;
Tanvir Ahsan; Javed Maheed; Syed Farhan Ali; Kamran Qureshi (aged 16), who
reportedly died under torture on 18 May 1995; Abdul Waheed, reportedly
tortured and killed in a police station in Nazimabad; Mohammad Ali;
(c) Alleged killings of MQM workers by members of Hagigi , often after
being kidnapped and tortured: Mohammad Anwar Iqbal (Shaikh Iqbal) and his
E/CN. 4/1996/4
page 86
nephew Syed Naseem, whose dead bodies were reportedly found in the Malir
River; Rafiuddin (Faqiruddin); Mohammad Jamil Qureshi (Aleemuddin Qureshi) and
Ashraf (Abdul Habib); Rizwan Hussain Shikri; Rasheed Ahmed (JIImed Hasan);
Usman Ghani (Mohammad Umer), Mohammad Ali (Ahmed Ali) and Nadeem Ahmed Khan
(Khaleel Ahmed Khan); Sigher Ahmed (Ehtishamuddin), Afaq Ahmed
(Mushtaque Ahmed) and Mohammad Khurshid (Khurram), whose dead bodies were
reported to have been found in October 1994 in an open drainage channel;
Akhlaq Hussain (Farhat Hussain); Mehmood Ahmed; Tashfeen Ahmed (Izhar Ahmed),
student; Habib Ghori (Aziz Ghori); Abdul Rehman, 85 years old, his son Liaquat
and two daughters Fauzia and Ghazala; Nasir Khan, reportedly found dead near
the W-11 bus-stop in New Karachi following kidnapping; Shaukat Khatri;
Shaik Abdul Aziz; Israr Ahmed. The police were reported to have refused
to register a number of the cases mentioned;
(d) Other alleged killings of MQM workers: Mohammad Farhan
(Ishaq Khan), Faisal Jameel (Mohammad Jameel) and Mohammad Mustaf a, reportedly
killed by law enforcement personnel and members of Hagigi ; Muhammed Younus,
reportedly killed after alleged physical abuse perpetrated by members of
the paramilitary Rangers and the police; Saleem Jaffery and Nadeem Ahmed,
reportedly tortured and killed by members of the paramilitary Rangers;
Mohammed Salahuddin, director of the Urdu weekly Takbeer , in which the
Government was allegedly criticized; Mohammad Tasneem, reportedly killed by
members of the paramilitary Rangers, Hagigi and the police; Soman, reportedly
shot dead by paramilitary Rangers; 17 unidentified people and another
15 unidentified people, including 3 children, reportedly killed on 5 July
and 6 July 1995 respectively by paramilitary Rangers in Karachi;
(e) Alleged deaths in custody under torture: Mohammad Murtaza
(Abdul Ghafoor), in charge of the Medical Aid Committee of MQM, in Karachi
Central Jail; Abdul Waheed, whilst in detention in the Saddar police centre,
Karachi; Aslam Sabzwari.
364. The Special Rapporteur also forwarded to the Government allegations
concerning the killing of Masih Iqbal, a 12-year-old boy who had been sold
by his parents to work in servitude for the carpet industry under abusive
circumstances, which he had denounced at international forums. He was
reportedly killed, after several threats, on 16 April 1995. Representatives
of the carpet industry were reported to have denied responsibility for the
killing and had reportedly requested an impartial investigation.
Communications received
365. The Government of Pakistan, on 11 February 1995, provided replies to the
following cases which had been sent in 1994 (E/CN.4/1995/61, paras. 243-245) :
(a) In reply to the urgent appeal sent to the Government
on 13 March 1994, the Government stated that in the case of the killing of
Rana Riaz Ahmed Khan, two of the presumed murderers were arrested and legal
action was being taken. In the case of the death of Ahmad Nasrullah, the case
was reported to be under investigation;
(b) In reply to the following allegations transmitted on 3 June 1994,
the Government stated that the three persons responsible for the death of
E/cN. 4/1996/4
page 87
Manzoor Masih were facing trial; the death of Ms. Babal Khatoum Shirazi,
allegedly caused by law enforcement officials during a raid, was under
investigation; Niaz Hussain Pathan had died during an encounter which was
being investigated; investigations into the death of Mr. Mijub Aijaz Jatoi
had led to the conclusion that he had committed suicide while in custody;
Qamruddin Indhar, Khadim Hussain Indhar and Sabho Indhar had been killed
during an exchange of fire and the inquiry had concluded that no excesses
were committed by the police or other law enforcement officials. The Special
Rapporteur was also informed that Gullo Machhi had committed suicide during
his detention. Concerning the case of Noor Muhammad Qureshi, which was still
under investigation, the Government stated that the police officers accused of
torturing him to death were granted pre-arrest bail by the Session Court in
Hyderabad. Concerning the death of Nazir Masih during detention in a police
station, the Government stated that a magisterial inquiry would be undertaken
to assess the veracity of two medical reports which differed as to the cause
of death.
366. On 11 February 1995, the Government, in a note verbale, provided a
preliminary reply to the urgent appeal concerning the cases of Salamat Masih
and Rehmat Masih. The Special Rapporteur was informed that the case was still
sub judice and that the death sentence had never yet been carried out in
Pakistan for blasphemy. In a second note verbale, dated 13 February 1995,
the Government provided the Special Rapporteur with additional information
concerning the trial of Salamat Masih and Rehmat Masih. The Government
reminded the Special Rapporteur of the fact that the defendants still had the
right to appeal twice more, once to the High Court and secondly to the Supreme
Court. Concerning the case of Manzoor Masih, the Government confirmed again
that the three persons accused of his killing were facing trial. A third
note verbale, dated 8 June 1995, addressed to the Committee on the Rights of
the Child, a copy of which transmitted to the Special Rapporteur, referred to
the cases of Salamat Masih and Rehmat Masih. According to the judgement of
the High Court in the blasphemy case, it would appear that the two persons
had been acquitted of the charge.
Follow-up
367. On 22 August 1995, the Special Rapporteur sent a follow-up letter in
response to two government replies that were received on 11 February 1995
and 8 June 1995. Regarding the case of Manzoor Masih, who had been shot dead
in April 1994 outside the High Court, the Rapporteur requested additional
information about the progress of the trial of the alleged perpetrators and
whether the absence of one of the eyewitnesses, namely Rehmat Masih, who had
fled to Germany, would not undermine the case. In the cases of Rana Riaz
Ahmed Khan, Muhammad Ahmad Nasrullah, Ms. Babal Khattoon Shirazi and Boor
Muhammad Qureshi, the Special Rapporteur sought information regarding the
status of the investigations and the judicial proceedings. In the cases
of Mujib Aijaz Jatoi and Gulloo Marish, the Special Rapporteur asked for
clarification and reasons in support of the Government's reply according to
which the allegations transmitted were incorrect and the victims had committed
suicide. He also asked for additional information concerning the case of
Nasir Marish who, according to the Government, had not died due to torture but
E/CN. 4/1996/4
page 88
as a result of intoxication. The follow-up letter to the Government also
transmitted allegations concerning reported killings of MQM workers, with
a request to investigate the allegations.
368. At the time this report was finalized, no reply had been received from
the Government to the follow-up letter.
Observations
369. The Special Rapporteur wishes to thank the Government for the replies to
the urgent appeals he received, and hopes he will be provided with replies,
in due course, concerning the other cases that were sent.
370. The Special Rapporteur continues to be deeply alarmed about the fact
that under the national legislation of Pakistan, a minor can be subjected
to capital punishment. He, therefore, again calls upon the Government of
Pakistan to revise its legislation in this regard, so that it is in conformity
with the international instruments.
371. He is deeply concerned about the massive flow of allegations of
extrajudicial, summary or arbitrary executions, in particular of MQM workers,
by the police, law enforcement officials, security forces and the paramilitary
Rangers. The Special Rapporteur finds the reports about the Hagigi
particularly disturbing. He regrets that so far he has received no reply to
his follow-up letter which sought clarification of the allegations and calls
upon the Government to investigate the allegations, to take all measures to
prevent the recurrence of such incidents and to bring those responsible to
justice, with full compensation to the victims.
372. The Special Rapporteur is very concerned about the large numbers of
deaths in custody. Again he calls upon the Government of Pakistan to carry
out impartial and exhaustive investigations into these allegations. He calls
upon the authorities to bring the conditions of detention into line with
international instruments.
Panama
373. By letter dated 25 September 1995, the following cases were transmitted
to the Government of Panama: Carlos Alberto Brown, Luis Kolked Kolked,
Lorenzo Batista and Rufino Frias C6rdoba, reportedly killed in August 1995
by members of the police during a demonstration of workers in Panama. The
demonstration reportedly had been organized by trade unions to protest against
reforms of the Labour Code.
374. At the time of finalization of the present report, no reply had been
received from the Government of Panama.
Papua New Guinea
375. The Special Rapporteur visited Papua New Guinea from 21
to 28 October 1995, following an invitation from the Government made pursuant
to paragraph S of Commission on Human Rights resolution 1995/65. The visit
was intended to examine the situation of the right to life, in particular in
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the Papua New Guinea island of Bougainville. The Special Rapporteur regrets
that unforeseen technical difficulties prevented him from visiting the central
area of Bougainville. His findings, conclusions and recommendations with
regard to the visit can be found in the second addendum to the present
report (E/CN.4/1996/4/Add.2).
Allegations transmitted
376. The Special Rapporteur transmitted to the Government of Papua New Guinea
the following 75 cases of alleged extrajudicial, summary or arbitrary
executions, including 6 women and 6 children:
(a) Reported killings by members of the Papua New Guinea Defence
Forces (PNGDF) or members of the Papua New Guinea Army (PNGA) : Ken Savia;
Ona Damien, Bobonung Apiato and Robert, killed in central Bougainville in
retaliation for the killings of PNGDF soldiers; Kenevi William (aged 15) ,
Minou Thomas (aged 14) and Abe Winifred (aged 13), killed at the Tabago Care
Centre; an unidentified man killed in southern Bougainville; Matomali and
Mavi; Duni Clement, killed in Arawa; Akuila Monko (aged 15) ; Kimits, killed
in the Boku Care Centre; 2 unidentified persons; Joachim Otu, Chief of the
Marouku village; S unidentified civilians, including 2 women, killed in
retaliation for the killing of 17 soldiers; Bogasin Jerry and Zioto Jemmie,
shot dead when their canoe was attacked; Dompua Patrick, Parinara, Simba and
Karika; Nanuma Danny and Mirio Kuirua; an unidentified boy (aged 17) from
Siinepeku; unidentified civilian (aged 56) ; Posbli Channel and his brother;
Bare Allan, killed in Densiro village during a raid; Francis Kerepe and
Montai David, killed in Laguai village; Ambrose Kauto; Turupia Jerry; Taruma;
Nomia Kevin and Pakua Daniel; Bruno and Parape Sauko; Passako Samson,
Matakau Amos and Nomia Paun, unarmed, killed while on their way to a peace
ceremony; Minou Wester, Minou Felix, Monopa Pito, Solomon Henry;
Papatam Henry, Otu Joachim, Tauria Edward, Posena John, Lowaro Joseph and
Baubake Thomas, killed in Laguai village in Bum; Duakenu Martin, Manau,
Karapetu Kakiri, Bampu and Kamo Mona (female) ; Tampura Gibson and
4 unidentified persons; Kaupa, reportedly burnt alive on the beach after
having been tied to a pole; Toromura Nava, Gabriel Tameung, Torome Karvai,
Nathan Bireo, Diven Hoara, Peter Taving and Nick Tobal, reportedly tortured
to death; Tovue Sipora (female), her 9-year-old daughter and 3-month-old son,
Tovue Gideon; 4 unidentified persons allegedly supporters of the Bougainville
Revolutionary Army, killed by PNGDF soldiers when seeking medical treatment at
a care centre; Korakei John, Soba Thomas, Kara John; Gabriel Kungkeiu.
Observations
377. The Special Rapporteur wishes to thank the Government for inviting him to
visit Papua New Guinea, and the willingness to cooperate with his mandate. He
regrets, however, that at the time this report was finalized no reply had been
received to the allegations transmitted.
378. The Special Rapporteur welcomes the Government's initiative to
investigate the alleged killings perpetrated by the PNGDF. He hopes that
the inquiry will result in apprehension and trial of the relevant suspects.
/CN. 4/1996/4
page 90
Paraguay
379. The Special Rapporteur transmitted one urgent appeal to the Government of
Paraguay, concerning Alberto Alderete, who had reportedly received anonymous
telephoned death threats, apparently linked to his work as a lawyer in
Asunci6n where he was representing peasant farmers who had allegedly been
killed or injured in a clash with the police (3 October 1995) .
Peru
380. Reports received during 1995 suggest that despite a reduction in the
number of extrajudicial, summary or arbitrary executions since the beginning
of 1993, violations of the right to life persist in Peru. In addition, it
has been alleged that systematic impunity in Peru has been encouraged by the
promulgation of an amnesty law which terminated investigations and judicial
proceedings linked to past human rights violations, and rendered ineffective
those sentences which had been imposed for such crimes.
381. The Special Rapporteur received information about the promulgation of
laws 26479 and 26492 of 14 June and 2 July 1995 respectively. Under the
first law, a general amnesty was granted to all military, police or civil
officials who were investigated or condemned since May 1980 for human rights
violations committed within the framework of the struggle against terrorism
and drug trafficking. Regarding the La Cantuta case and the Barrios Altos
murders, those who were the subject of judicial proceedings were not only
released but also fully reinstated to their original positions. The
second law declares that the amnesty is not subject to judicial review and
does not constitute a violation of the Constitution, nor does it violate
Peru's international obligations.
382. It was reported that members of the judiciary, lawyers and human rights
activists who expressed opposition to the laws have been harassed and received
death threats.
Allegations transmitted
383. The Special Rapporteur sent nine urgent appeals to the Government of
Peru, in which he expressed concern for the lives and physical integrity of:
(a) Zen6n Alfredo Echevarria Araujo, who received death threats
reportedly from the paramilitary group he had accused of having killed his
mother (20 April 1995);
(b) JIItonia E. Saquicuray Sanchez, judge, and JIIa Cecilia Magallanes,
prosecutor, relatives of the victims of the Barrios Altos and La Cantuta
massacres; General Rodolfo Robles Espinoza, a dissident army officer, and
Tito Guido Gallegos Gallegos, human rights lawyer, after they expressed their
opposition to the amnesty law promulgated in June 1995 (30 June 1995) . A
second urgent action was sent on 17 July 1995 on behalf of Tito Guido Gallegos
Gallegos, who continued to receive death threats in connection with his work
in defence of victims of human rights violations. A third urgent action on
E/cN. 4/1996/4
page 91
his behalf was sent on 11 September 1995, after he was reported to have
received further death threats. Another urgent action was sent on behalf
of Rodolfo Robles Espinoza after new death threats (4 October 1995) .
(c) Gloria Cano Legua, human rights lawyer for a survivor of the
Barrios Altos massacre, after she reportedly received death threats apparently
related to her work (14 July 1995);
(d) Juana Arig lica Matias Ronceros, lawyer and counsellor of the
Asociaci6n Nacional de Familiares y Victimas del Terrorismo , after she
reportedly received death threats from members of the National Intelligence
Service (31 July 1995);
(e) Susana Villar n, Francisco Sober6n, Ernesto de la Jara, human
rights activists, Gisela Ortiz and Raida Condor, relatives of La Cantuta
victims, Heriberto Benitez, lawyer, General Rodolfo Robles, dissident army
officer, and Henry Pease, Javier Diez Canseco and Gustavo Mohme, congressmen,
also reportedly received death threats. The aforementioned persons had
advocated revocation of the amnesty law which came into effect in June 1995
(21 November 1995) .
384. The Special Rapporteur sent a joint urgent appeal, together with the
Special Rapporteur on the independence of judges and lawyers, the Special
Rapporteur on torture and the Chairman of the Working Group on Enforced or
Involuntary Disappearances. In the appeal the signatories expressed their
deep concern over the adoption of laws 26479 and 26492 (2 August 1995) .
385. The Special Rapporteur transmitted the allegations concerning the
following persons which had been brought to his attention:
(a) Reportedly killed by members of the National Police: Gregoria
Elena Vargas Luna and Victor Andr s Carranza Ventocilla;
(b) Reportedly killed while in custody or died shortly after release:
Justiniano Hurtado Torres, a 64-year-old butcher, who allegedly died as a
consequence of the ill-treatment sustained while he was in detention in the
military base of Aguaytia; Jhoel Huaman Garcia, 19 years old; Rafael Roque
Castro and an unidentified individual, reportedly killed in Quenqoro prison
in Cuzco; Edwin Meliton Cardenas, who reportedly died in the maximum security
prison in Yanamayo, Puno, reportedly because medical attention was withheld.
386. The Special Rapporteur requested the Government to carry out
investigations into the cases of: Yenuere Antonio Chihuala Cruz, 14 years
old, reportedly forcibly recruited by the army, who died in the military
hospital of Bagua as a consequence of the injuries sustained by the explosion
of a mine; Wilder Alex Osorio Palacios, a 21-year-old student at the Daniel
Alcides Carrion National University, who reportedly died as a result of the
injuries and ill-treatment sustained after having been detained by members of
the army during a recruitment operation of the military; Carlos Abad N1 ffiez
Gutierrez, a 21-year-old student at the Navy Technical Education Centre,
reportedly killed by a member of the army.
E/CN. 4/1996/4
page 92
Communications received
387. The Government of Peru provided information on a large number of
allegations which had been sent to it in 1994 and 1995. Regarding the cases
of Juan Ascuy, Jose Vargas L6pez, Juan L6pez Bujaico, Mario Vargas Alejo,
Alberto Cusi Cancce, Edgar Barreto Huaynapoma, Teodosi Peffia Guti&rez, M ximo
Aritezana Espeza, Hern n L6pez Aritezama and Javier L6pez Antezama, the
Government declared that an investigation into the killings has been initiated
and that members of the Rondas self-defence units of San Fernando de Maritari
appeared to be responsible for the killings (20 October 1995) .
388. With reference to the cases of Jessica Rosa Chavez Ruiz, Pedro Javier
Cruz Guzm n and Hector Rodriguez Rodriguez, the Government replied that
members of the Peruvian police were allegedly responsible for the deaths and
that judicial procedures are under way (20 October 1995) . The Government of
Peru had previously informed the Special Rapporteur that the victims were
members of the Movimiento Revolucionario Tupac Amaru and that according to
initial investigations the killings appeared to have been lawful
(12 January 1995) .
389. Information on the death of Hugo Zapata Guti&rez asserted that
investigations suggested that eight members of the rondas campesinas of
Ulcamayo were responsible for the killing and that judicial proceedings
were under way. Regarding the case of Luis Alberto Bonifacio Aimituma,
investigations had been initiated but no suspects had yet been identified
(20 October 1995) .
390. The Government provided a reply to the case of Pedro Honorato D vila
Espinoza, according to which the case had been provisionally filed as the
police investigation failed to identify any suspects. However, charges have
been brought against the chief of police of Aucayacu for not having registered
any document related to the death of the victim (24 July 1995) .
391. The Government of Peru provided an answer to the joint urgent appeal
regarding the amnesty law. In the communique, the Government stated that
despite the fact that Peru had and continued to face serious problems such
as terrorism, the country remained firm in its commitment to the process of
strengthening democracy. The Government referred to the fact that according
to section 55 of the Peruvian Constitution international treaties concluded
by Peru become part of the national law. The reply further states that the
constitutional power of Congress to grant amnesty does not contravene the
relevant international treaties which do not expressly prohibit the
implementation of relevant constitutional articles which give Congress the
power to grant amnesty. In addition, the Government referred to other
measures which were adopted to consolidate the peace process, which included
the “flexibility of the anti-terrorist legislation” which abolished, as from
15 October 1995, the institution of “faceless judges”; prison reform; the
initiation of a human rights education policy; a national register of
detainees; the enactment of the Constitutional Court Organization Act; the
reform of the National Judicature Council and the creation of the Ombudsman
Organization (6 September 1995) .
E/cN. 4/1996/4
page 93
392. Information was provided on the case of Gloria Cano Legua. According to
the Government, measures to protect her life and physical integrity had been
adopted. The reply furthermore stated that there were no indications that the
armed forces were responsible for such death threats. The Government also
reported that in the case of death threats received by Juana Ang lica Matias
Ronceros, the victim had not yet presented a complaint to the police and that
no government officials were involved in such threats. The Government also
forwarded a copy of the judicial resolution which rejected ( declar6
improcedente ) the writ of habeas corpus presented by Ang lica Matias Ronceros
(9 October 1995) .
393. In addition, the Government referred to the death threats received by
Zen6n Alfredo Echevarria Araujo, pointing out that he was wanted for his
alleged participation in the killing of Manuel, Isidro and Pascal Cruzado
Ruiz. Previously, a complaint had been filed against Manuel Cruzado Ruiz,
Flavio Contreras Chavez, Celso Vera Ulloa, Felix Vera Ochoa and Santos Vera
Ochoa for their alleged participation in the killing of Saragosa Araujo
Chuquibala, mother of Zen6n Alfredo Echevarria Araujo (9 October 1995) .
394. By note verbale of 20 October 1995, the Government confirmed that in the
cases of Kisinger L6pez Ruiz, Jose Alcazar G6mez and Francisco Diaz Mansilla,
policemen had been held responsible for their death.
Observations
395. The Special Rapporteur highly appreciates the willingness of the
Government of Peru to cooperate and the replies it provided to cases sent as
well as the general information relating to the mandate. He welcomes the
implementation of certain recommendations made after his visit to Peru
in 1992, but is aware that the situation of violations of the right to life,
particularly death threats and killings perpetrated by members of the army and
paramilitary groups, with impunity continue to be the main obstacles to the
respect for the right to life in Peru.
396. The Special Rapporteur remains extremely concerned about harassment of
members of the judiciary after they expressed their opposition to the amnesty
law. In this context, he wishes once again to call on the Government to adopt
all necessary measures to ensure that members of the judiciary exercise their
function without being subjected to any form of intimidation, in accordance
with the guarantees contained in the Basic Principles on the Role of Lawyers,
the Guidelines on the role of Prosecutors and the Basic Principles on the
Independence of the Judiciary.
397. The Special Rapporteur considers that the promulgation of an amnesty law
in June 1995 favours impunity and denies the right to an effective remedy for
victims of human rights violations. Moreover, it is contrary to the spirit of
general international law, according to which States are obliged to
investigate allegations of human rights violations, ensure that perpetrators
are brought to justice and provide means of redress, including compensation to
victims. In addition, the Human Rights Committee has declared on various
occasions in its consideration of government reports to the Committee
regarding laws of this nature that pardons and general amnesties promote an
atmosphere of impunity for the perpetrators of human rights violations and
E/CN. 4/1996/4
page 94
members of the security forces, and that respect for human rights can be
weakened if such impunity is guaranteed. Furthermore, the Special Rapporteur
would like to point out that it is axiomatic that a State's national law may
not be invoked to avoid its obligations under international law. Article 27
of the Vienna Convention on the Law of Treaties sets forth in this regard that
“a party may not invoke the provision of its internal law as justification for
its failure to perform a treaty” .
Philippines
398. The Special Rapporteur continued to receive reports of alleged violations
of the right to life that occur in the Philippines. Contrary to previous
years, the Special Rapporteur received very little information about
violations of the right to life committed by members of the paramilitary
Citizen's Armed Forces Geographical Units (CAFGU) .
Allegations transmitted
399. In 1995, the Special Rapporteur sent the following four cases to the
Government of the Philippines, two of which were related to the alleged
extrajudicial killing of a woman: Ranilo E. Quindao, a member of the Diocesan
Mission team, reportedly killed on 2 December 1994 by an unidentified person;
Conchita Bajao reportedly died on 23 September 1994 as a result of injuries
suffered following her arrest in Cotabato City, Mindanao Island, by members of
the Philippine National Police Force; Anieto de Regino, considered by the
military to be a member of the New People's Army (NPA) armed resistance,
reportedly died on 1 April 1994 at Lope de Vega, northern Samar, after a CAFGU
member opened fire on him; Nonita Din (female), active member of the National
Federation of Sugar Workers trade union, reportedly shot dead on
29 January 1995, by members of the armed security forces of the
Philippine-American Timber Corporation-Land Improvement Division.
Communications received
400. On 12 and 22 December 1994, the Government of the Philippines sent
replies to the follow-up letter sent to the Government on 23 September 1994:
(a) Concerning the case of Chris Batan, reportedly killed while
investigating human rights violations under the Marcos regime, which had been
transmitted to the Government on 27 April 1990, the Government informed the
Special Rapporteur that two of the alleged killers had been arrested. The
case was still before the Regional Trial Court of Baguio and Benguet;
(b) Concerning the case of Clovis Nazareno, the Government informed the
Special Rapporteur about several legal procedures started on his behalf;
(c) In the case of the death of Lolita I-Iaz, a complaint of murder was
filed against the alleged perpetrator;
(d) In the case of alleged harassment of Sonia Soto, the Government
informed the Special Rapporteur that the investigation had been closed on
15 August 1994 because of lack of cooperation of Ms. Soto.
E/cN. 4/1996/4
page 95
401. The Government replies will be transmitted to the sources.
Observations
402. The Special Rapporteur wishes to thank the Government for the information
it has provided and for its willingness to cooperate with his mandate. The
Special Rapporteur encourages the National Human Rights Commission to continue
its investigation of human rights violations that occur in the Philippines
with the hope that procedures will be more formal and strengthened by the
application of the relevant international standards.
Portugal
403. The Government of Portugal provided the Special Rapporteur with a reply
to two urgent appeals which had been sent in 1994 concerning Antonio Ti Luo, a
Bolivian national, who was allegedly facing extradition from Macau to the
People's Republic of China (E/cN.4/1995/61, para. 269) . The Government stated
that formal guarantees had been given by the People's Republic of China that
the death penalty would not be applied, and informed the Special Rapporteur
that the Constitutional Court of Lisbon was investigating appeals of the
Superior Court of Justice concerning similar cases, which could eventually
result in a revision of the decision to allow Mr. Ti Luo's extradition.
However, Mr. Ti Luo had disappeared, and it was assumed that he had left the
territory of Macau (24 March 1995) .
Republic of Moldova
Allegations transmitted
404. The Special Rapporteur sent to the Government of the Republic of Moldova
the case of Aleksandr Pavlovich Kalashnikov, who reportedly died in police
custody in the town of Rybnitsa on 27 March 1995.
Observations
405. The Special Rapporteur regrets the fact that at the time the present
report was finalized, no reply had been received from the Government. The
Special Rapporteur welcomes, however, the fact that on 15 June 1995 the
Moldovan Parliament further limited the application of the death penalty by
abolishing the death penalty as a punishment for 14 military crimes committed
during a state of war or during combat operations.
Romania
406. The Special Rapporteur transmitted to the Government of Romania the case
of Alfred Pana, who reportedly died on 6 July 1995 in Gura Vaii as a result of
injuries sustained upon his arrest.
Observations
407. The Special Rapporteur regrets that at the time the present report was
finalized, no reply had been received from the Government. He calls upon the
Government to investigate the allegation.
E/CN. 4/1996/4
page 96
Russian Federation
408. Since December 1994, when Russian troops started an offensive against the
population of Chechnya, the Special Rapporteur has received many reports about
violations of the right to life of civilians, refugees and displaced persons
in the region. Over 1,500 Russian soldiers and an unknown number of Chechen
fighters have reportedly died and estimates of civilians killed range from
thousands to tens of thousands. For an overview of the situation in Chechnya,
reference is made to the report of the Secretary-General on the situation in
Chechnya (E/cN.4/1996/13) .
Allegations transmitted
409. The Special Rapporteur in 1995 sent six urgent appeals to the Government
of the Russian Federation, one of which was a joint urgent appeal together
with the Special Rapporteur on torture. Three of the appeals were related to
the situation in Chechnya:
(a) The Special Rapporteur sent an urgent appeal to the Government of
the Russian Federation after he had been informed that six civilians,
including four women, were reportedly shot dead on 17 December 1994 by Russian
troops when they tried to escape in a convoy from a village in Chechnya.
Further reports had been received about hundreds of civilians killed since
Russian troops entered the territory on 11 December 1994 (5 January 1995) . A
follow-up urgent appeal was sent after information was received about
continuing attacks by Russian troops causing civilian casualties, especially
in the city of Grozny (13 January 1995) . After continuously receiving
information about the deteriorating situation of civilians in Chechnya, a
joint urgent appeal was sent by the Special Rapporteurs on extrajudicial,
summary or arbitrary executions and on the question of torture, expressing
their concern about reports of abuses by Russian troops. Between 100 and 300
civilians had reportedly been killed during a raid on the village of Samashki,
which began on 7 April 1995. Civilians were said to have been summarily
executed and detainees in camps in Assinovskaya and Mozdok had allegedly been
ill-treated and tortured (5 May 1995) . The Special Rapporteur sent a fourth
urgent appeal when fears were expressed for the lives of civilians of the town
of Sernovodsk, which was reportedly surrounded by Russian troops
(3 October 1995);
(b) The Special Rapporteur sent an urgent appeal to the Government
concerning the imminent judicial execution of Valery Vasilyevich Parshin, who
was reportedly mentally ill (8 May 1995);
(c) The Special Rapporteur sent an urgent appeal concerning
Shirali Normuradov, an artist and political activist and national of
Turkmenistan, allegedly living in the Russian Federation without any legal
status. He was reportedly at risk of being extradited to Turkmenistan where
his life might be in danger because of his previous political activities
against the Government of Turkmenistan (18 October 1995) .
410. The Special Rapporteur also sent the following five cases to the
Government of the Russian Federation, all of them in respect of the violation
E/cN. 4/1996/4
page 97
of the right to life in Chechnya of 109 civilians, including at least two
children: Sergei Taramov and an unidentified man, allegedly killed on
23 March 1995 when their car was reportedly attacked by a Russian helicopter
in the town of Tstsin-Yurt, Chechnya; seven refugees whose names remain
unknown, allegedly killed by Russian forces on 24 March 1995 in Elistanzhi,
Chechnya; two unidentified children reportedly killed on 6 April 1995 by
indiscriminate rocket-bomb attacks by Russian forces in the town of
Niki-Khita, Chechnya; 94 unidentified civilians who were reportedly killed
around 7 April 1995 during attacks by Russian forces against the village of
Samashki, Chechnya; Abukha Doguyev, Rozenbek Tadtayev, Mr. Ismuradov and
Mr. Dukayev, reportedly killed on 24 April 1995 as a result of indiscriminate
bombing by Russian forces in the town of Nozhai-Yurt, Chechnya.
Communications received
411. The Government replied to the urgent appeal of 5 January 1995 about fears
for the lives of the civilian population of Chechnya, and informed the Special
Rapporteur that on 17 December 1994, a Russian military convoy had been
ambushed. During the fight some Russian soldiers had fired upon two cars
driven by Chechen and Ingush refugees after they had misinterpreted their
approach as an attack from the rear. Four refugees were wounded and one died.
The Government furthermore stated that the allegations as mentioned in the
urgent appeal were not true, and that investigations were started
(27 March 1995) .
412. The Special Rapporteur also received a reply to the joint urgent appeal
sent on S May 1995, concerning events in the village of Samashki, Chechnya.
The Government informed the Special Rapporteur that after several peaceful
attempts to disarm the village, Russian troops had entered the place and a
battle had started, during which both military and civilians were killed and
houses were destroyed. Investigations had started by the Government to find
out whether Russian troops had been involved in the killings (15 August 1995) .
Observations
413. The Special Rapporteur thanks the Government for the replies it has
provided. He remains deeply concerned, however, about the large number of
civilians who were allegedly killed in Chechnya, including women and children
as well as elderly people, in violation of humanitarian law. Furthermore, he
urges the Government to take every measure to protect the lives of the
civilian population and to identify perpetrators of human rights and
humanitarian law violations, to compensate victims and to prevent the
recurrence of such incidents in the future.
Rwanda
414. The Special Rapporteur continued to receive reports of testimonies
concerning summary executions perpetrated by Rwandan soldiers against
civilians, particularly returning refugees and persons living in camps for the
displaced. The Special Rapporteur is particularly alarmed by the following
two incidents which resulted in the death of numerous civilians.
E/CN. 4/1996/4
page 98
415. The Special Rapporteur received information regarding an ambush which
took place on 11 September 1995, in the commune of Kanama, by 8 to 10 persons
wearing military uniforms. It has been reported to the Special Rapporteur
that the assailants opened fire on the car of a Rwandan Patriotic Army (RPA)
officer, Sergeant-Lieutenant Rurasa, which resulted in his death. Three other
individuals also died. This incident reportedly preceded by a few hours a
massacre which took place a few hundred metres from the site of the ambush and
which claimed the lives of 109 persons. According to information received by
the Special Rapporteur, RPA soldiers dispatched by RPA Major Rwingamba to
conduct a search of the area and locate the assailants went from house to
house and shot indiscriminately men, women and children.
416. The Special Rapporteur was also informed about the Kibeho massacre which
reportedly occurred between 15 and 21 April 1995, when the Rwandan authorities
ordered the closure of the displaced persons camp owing to the security threat
it posed to the region. The presence of more than 2,000 soldiers around the
camp, combined with the shots they fired into the air, caused a panic,
resulting in a stampede which caused the death of numerous persons.
Information received by the Special Rapporteur reveals that following the
evacuation of the 120,000 displaced persons from the camp, 1,500 to 2,000
persons were reported to have died in incidents involving executions by
militiamen, shootings by the PEA and stampedes. For a detailed analysis of
the situation of human rights in Rwanda, reference is made to the report of
the Special Rapporteur on the situation in that country (E/CN.4/1996/68) .
Allegations transmitted
417. The Special Rapporteur transmitted to the Government an urgent appeal
concerning Captain David Rwapapa and Lieutenant Innocent Ngoga, both RPA
officers, who were reportedly sentenced to death by a “court martial” for
their alleged involvement in an attack in late 1994 on the Tanzanian Embassy
in Kigali, during which two night guards were killed. Information received by
the Special Rapporteur suggests that the procedures applied in the course of
the trial did not conform to international standards, as the right to review
was denied. Contrary to provisions in the Rwandan Constitution which grant a
defendant the right to appeal first in the military court and then to the
Supreme Court, which is a civilian court, the above-mentioned persons were
reportedly denied the right to have their sentences reviewed (6 June 1995) .
Observations
418. The Special Rapporteur remains deeply concerned about recurring
violations of the right to life by army personnel as well as about the absence
of an effective judicial system.
419. The Special Rapporteur is concerned about the death sentences which were
imposed on two military officers by a “court martial”. These death sentences
were the first to be handed down under the present Government. The Special
Rapporteur fears that this might create a precedent for a possible widespread,
systematic imposition of the death penalty in Rwanda, even though the judicial
E/cN. 4/1996/4
page 99
system is not functioning properly. He is concerned that, as a consequence,
the rights of those facing the death penalty might not be guaranteed, and that
the international standards for a fair trial might be ignored.
420. In addition, the Special Rapporteur is dismayed at the fate of Rwandan
refugees in Zaire who are still living in camps where those suspected of
involvement in the genocide are manipulating them. He is deeply concerned
about the climate of tension and violence which is emerging in the region. He
urges the Rwandan Government to take all necessary security measures to ensure
a voluntary return of the refugees. Moreover, he wishes to express his
deepest concern at the intolerable and life-threatening prison conditions in
Rwanda for those detained without trial on accusations of genocide which have
not been properly investigated.
Saudi Arabia
421. According to the information received by the Special Rapporteur, there
has been a sharp increase in the number of executions carried out in 1995 by
the Government of Saudi Arabia. In addition, information received by the
Special Rapporteur suggests that 70 per cent of the persons executed in the
past three years were foreigners; prisoners facing the death penalty are
denied the right to counsel; confessions are allegedly obtained under torture
and then accepted by the courts as evidence; and that in general, the legal
proceedings preceding their convictions do not conform to international
safeguards guaranteeing a fair trial.
Allegations transmitted
422. The Special Rapporteur sent two urgent appeals to the Government of
Saudi Arabia, both concerning death sentences reportedly imposed after a trial
falling short of international standards for a fair trial:
(a) Mehmet Nun Koseoglu, Seyfettin Erkut, Ahmet Mulayim and
Fevzi Dana, of Turkish nationality (22 August 1995) . In the same urgent
appeal, the Special Rapporteur expressed his concern about the fate of 40
additional individuals, also of Turkish nationality, 20 of whom were reported
to be on death row, whereas the other 20 were facing charges which carry
capital punishment. The persons referred to in the appeal are the following:
Muhammed Aktas, Muhammet Kinci, Bekir Kaplan, Abdullah Besik, Halil Bozhurt,
Cevat Kart, Nizamettin Las, Ismet Harci, Halil Karat, Ibrahim Akdalga,
Abdussamet Arslan, Kemal Sabir, Halil Temurci, Bekir Kidan, Ferit Bostanci,
Tashsin Danmas, Hilal Rende, Ziyad Akar, Ramazan Teke, Ali Say, Hasan Bozkurt,
Hikmat Karanfil, Vechi Buyukasik, Cafer Keles, Ahmet Vemir, Nebil Cabir,
Mustafa Bilge, Rasit Kartal, Yeter Merakli, Adem Ozhurt, Osman Eren,
Ayhan Kilic, Mustafa Kir, Abdulkadir Gulmus, Ali Kaya, Mehmet Sinanoglu,
Fazil Oklu, Asaf Milli and Yalcin Porat;
(b) Muhammad Jamal ‘Ali, ‘Abd al-qadir Muhammad Muqtar, Faqay Haji
Cusman, Sali Id Farah Yacqub, Muhammad Nur Muhammad, Muhammad Abu
‘Abd al-Qadir Ade and ‘Abd al- ‘Aziz Muhammad Isse, of Somali nationality, who
were reportedly sentenced to death in 1994 for the alleged murder of three
persons. All of them were reported to have insisted on their innocence, and
it was said that ‘Abd al- ‘Aziz Muhammad Isse was not in the country at the
E/CN. 4/1996/4
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time when the crime was committed (2 May 1995) . The Special Rapporteur
learned with regret that two of the above-mentioned individuals,
Sali Id F. Yacqub and Muhammad Nur Muhammad, were executed.
423. The Special Rapporteur, in 1995, also transmitted to the Government
allegations he had received concerning the summary execution of Abdullah ‘Abd
Al-Rahman Al-Hudhayf on 12 August 1995. According to information received,
the aforementioned person had initially been sentenced to 20 years'
imprisonment, but for unknown reasons his sentence was later increased to
capital punishment by a court in Riyadh.
Observations
424. The Special Rapporteur regrets that no replies had been received from the
Government. He remains concerned about the recurrence of reported death
sentences in Saudi Arabia. He is particularly dismayed about the reported
death sentences imposed on foreigners after trials which take place without
affording the accused the right to counsel and the right to interpretation.
He urges the Government of Saudi Arabia to ensure that the procedures
applicable during trials leading to the possible imposition of capital
punishment comply with the provisions contained in the relevant international
instruments.
Sierra Leone
425. During the period under review, the Special Rapporteur transmitted to
the Government of Sierra Leone the cases of the alleged killings of
Father Felim McCallister, an Irish priest, Dr. Elco Krijn, a Dutch doctor, his
wife Karen van Goudoever, their three-year-old daughter Zita and 11
unidentified civilians from Sierra Leone who were allegedly killed during an
armed attack near a hospital at Panguma, Kenema District, by men dressed in
army uniforms. Reportedly, property belonging to the foreigners was
subsequently found in the home of an army lieutenant. It is alleged that a
commission of inquiry was set up to investigate the killings and recommended
that two army commanders be brought immediately before a court martial. They
were reported to be arrested but released shortly afterwards, without being
prosecuted. They were reported to have resumed their service in the army of
Sierra Leone.
426. Furthermore, the Special Rapporteur transmitted the case of
Patrick Kebbie, lawyer, who was reportedly killed by soldiers in front of his
home in Kenema. It was alleged that the victim had recently been offered the
post of Director of Public Prosecutions by the National Provisional Ruling
Council.
Observations
427. The Special Rapporteur regrets that at the time the present report was
finalized, no reply had been received from the Government. He calls upon the
Government to investigate the allegations. Furthermore, he wishes to note
that allegations received are only an indication of the total breakdown of the
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rule of law in Sierra Leone where reports indicated that widespread violations
of abuses, including violations of the right to life, arising as a result of
internal conflicts, are taking place.
Singapore
428. The Special Rapporteur received a number of reports concerning the
application of the death sentence in Singapore, particularly relating to
drugs-related crimes. The Special Rapporteur was informed in September 1995
that since the beginning of 1995, 37 executions had taken place in Singapore.
Most of the death sentences are reported to be imposed for drugs-related
offences, for which the death sentence is mandatory. According to the Act of
Parliament which is known as the Misuse of Drugs Act, anyone over the age
of 18 who is found in the possession of more than 15 grams of heroin, 30 grams
of morphine, 30 grams of cocaine or 500 grams of cannabis is presumed guilty
of drug trafficking and is liable to a mandatory death sentence.
Allegations transmitted
429. The Special Rapporteur, in 1995, sent three urgent appeals to the
Government of Singapore for the following persons, all concerning death
penalty cases, two of which after an allegedly unfair trial:
(a) Flor Contemplaci6n, a domestic worker of Filipino origin, who was
reportedly facing imminent execution after an alleged unfair trial. It had
been brought to the Special Rapporteur's attention that the courts trying her
reportedly had not considered new reports that Mrs. Contemplaci6n was
suffering from a mental illness. It was also reported that the prosecution
and defence had not made any submissions during the trial and, furthermore,
the conviction was reported to be based solely on a confession that
Ms. Contemplaci6n had made to the police (15 March 1995) ;
(b) Melvin Seet, who was reportedly facing imminent execution after an
allegedly unfair trial. He had been convicted of aiding and abetting the
trafficking of drugs. According to the information received, although he had
lost his appeal in 1993, he reportedly notified the authorities of his
intention to submit a supplementary petition for clemency, on the basis of the
affidavits of two of the co-accused who stated that Mr. Seet had not been
involved in the offence. He had reportedly been informed that he had been
given until 7 June 1995 to submit his appeal, and yet, on 5 June 1995, he was
informed that he was scheduled to be hanged on 9 June 1995. It was
furthermore alleged that his conviction was based on one single piece of
evidence (8 June 1995);
(c) Veerarajoo s/o Veerasamy, reportedly convicted of possession of
drugs. The Special Rapporteur informed the Government that the Misuse of
Drugs Act violates the principle found in article 14, paragraph 2, of the
International Covenant on Civil and Political Rights, which states that
“Everyone charged with a criminal offence shall have the right to be presumed
innocent until proved guilty according to law”. It had been alleged that a
consequence of the Misuse of Drugs Act was that the person accused has the
burden of proving his innocence, as he is presumed to be guilty.
E/CN. 4/1996/4
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Communications received
430. The Government of Singapore replied to the urgent appeal sent by the
Special Rapporteur on 21 July 1994, containing allegations about the death
sentences imposed on Abdullah bin Rahman and Lim Choon Chye for aiding and
abetting in drug trafficking. The Government stated that the sentences were
imposed after those convicted had been afforded due legal process, during
which they had been provided with adequate legal assistance at all stages.
The Government informed the Special Rapporteur that their right to appeal and
the right to petition for clemency had been respected and that the two had
applied to the Court of Appeal for a revision of their convictions on the
ground that there was fresh evidence. The applications were dismissed by the
Court of Appeal as it had no jurisdiction to reopen the case, after which a
further petition to the President for clemency on the grounds of new evidence
was also rejected. The Government also provided the Special Rapporteur with a
document containing information about the procedures for trials of capital
cases in Singapore (7 February 1995) .
431. The Government sent a letter to the Special Rapporteur, commenting on
the reference made to Singapore in the Special Rapporteur's report to the
Commission on Human Rights, particularly with regard to the cases of
Abdulah Rahman and Lim Choon Chye, for which a reply had been sent on
7 February 1995 (23 February 1995) .
432. The Government provided the Special Rapporteur with a very detailed reply
in the case of the execution of Mrs. Flor Contemplaci6n. The Government
stated that she had been given full recourse to the process, which included a
fair and open trial, the right to appeal and the right to seek pardon or
commutation of the sentence. The trial judge concluded that she did not
suffer from any mental abnormality at the time of the killing and accordingly
found her guilty as charged. The Government also stated that allegations that
prosecution and defence had not made submissions were not true. The judgement
furthermore had been based on other evidence apart from Mrs. Contemplaci6n's
statement before the police and the “new evidence” was thoroughly investigated
and found to be untrue (14 June 1995).
433. The Government of Singapore sent a reply concerning the allegations sent
in an urgent appeal to the Government on 8 June 1995 concerning the imposition
of the death penalty on Melvin Seet, for the offence of aiding and abetting in
the trafficking in drugs. The Government stated that he had been given full
recourse to due legal process which included a fair and open trial, the right
to legal assistance at all stages as well as the right to appeal and seek
pardon. The Government furthermore informed the Special Rapporteur about the
fact that Mr. Seet had been allowed to pursue a complaint against his former
counsel to the Law Society, after his appeal had been dismissed by the Court
of Appeal, and was subsequently given time to take this matter to the High
Court and the Court of Appeal. The Special Rapporteur was also informed that
the scheduling of the execution did not affect the consideration of Mr. Seet's
supplementary petition for clemency, because this petition was carefully
considered before the decision to proceed with the execution was made. A
summary of the legal procedure regarding the imposition of the death penalty
in the case of Mr. Seet was included in the reply (22 June 1995) .
E/cN. 4/1996/4
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Observations
434. The Special Rapporteur wishes to express his appreciation for the
willingness of the Singapore Government to cooperate with the mandate. The
replies provided by the Government in response to two of the urgent appeals
are very detailed, and have given the Special Rapporteur a better idea of the
judicial system in Singapore, particularly in relation to capital offences.
435. The Special Rapporteur remains concerned, however, with the existence of
laws, particularly those relating to drugs offences, under which trials are
taking place which do not provide sufficient guarantees for the presumption of
innocence. This puts on the person accused the burden of proving his or her
innocence. Another consequence of these laws is that, owing to their very
strict formulation, they do not leave any discretion to the judiciary to take
the specific facts and circumstances of every individual case into
consideration. This leaves the judges no other option but the mandatory
imposition of the death penalty, once they conclude that the accused person is
guilty. The Special Rapporteur therefore calls upon the Government of
Singapore to change its Drugs Act so as to bring it into line with
international standards.
Sri Lanka
436. Reports and allegations received by the Special Rapporteur during 1995
indicate that the situation of human rights in Sri Lanka remains precarious.
The renewal of hostilities between the Sri Lankan armed forces and the
Liberation Tigers of Tamil Eelam (LTTE) have resulted in acts of violence
which have claimed the lives of hundreds of civilians. It has also been
reported that during the past several months, mutilated and tortured bodies of
several persons were found floating in the Diyawanna Oya and Bolgoda Lakes.
The Special Rapporteur received increasingly large numbers of allegations of
extrajudicial and arbitrary executions resulting from recent incidents
involving aerial bombardments by the Sri Lankan air force, naval strafing and
shelling from military bases and indiscriminate firing by armed forces
personnel which continue to cause numerous civilian casualties.
Allegations transmitted
437. The Special Rapporteur transmitted one urgent appeal to the Government of
Sri Lanka on 20 July 1995, denouncing the military offensive launched against
LTTE positions on the Jaffna Peninsula. According to reports received by the
Special Rapporteur, the Government's military operation caused thousands of
civilians to flee their homes and to seek shelter in churches and temples.
Hundreds of people had taken refuge in Saint Peter's church in Navaly and
Saint Peter's school when both structures were bombed, causing injury to more
than 150 people and the death of 65 persons, including women and children.
The source reports that the bombings have affected the following areas:
Kokuvil, Thalayady, Maruthanamadam, Thavady, Uduvil, Marripay, Anaicotai,
Sangarathai, Vaddukoddai and Navaly.
438. The Special Rapporteur also transmitted to the Government the following
cases which had been brought to his attention:
E/CN. 4/1996/4
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(a) Reportedly killed by members of the armed forces: A. JIItony and
Indran; Matiy Ampillai Joseph and his son Joseph Moses Dayan, killed by
members of the Sri Lankan navy; K. Thangarajah; Sellathurai Balakrishwan and
Sellathurai Thandrakumar, killed by navy personnel; Thangarajah Kanagasabai;
JIItonipillai Mariadas, killed in Jaffna when Sri Lankan navy personnel
attacked people fishing in the Mandativu sea near Jaffna; Abdul Manaf;
Sivapalan Sivapraba and Nadarajah Gwanasekaram, shot dead by army personnel in
Morakkoddanchewai village;
(b) Killed by indiscriminate firing by armed forces: Tharmarassa
Rasaledchumi Thevi and Saverimuthu Rodesius, killed when the armed forces
attacked Mallakam; Kivuthan, aged 10, Thamarasa, Laxumy, S. Akilan, aged 12,
I. Leelavathy, I. Vanithadevi, aged 2, and P. Vinitha, aged 12, were killed
during an attack by forces from the military base at Palaly in the Valikamam
region; Thesingham Sellamani, Thesingahm Srikandarajah, Thesingham Sivasri,
S. Pagini, C. Savakolunthu and Vallipuram Pararajalingham killed, when members
of the armed forces bombarded a residential area in the town of Atchuvely;
five Muslim civilians, including two children, killed by members
of the armed forces when they indiscriminately fired from their camp near the
village of Pulmaddai;
(c) Reportedly killed by police officers: Sinnithamby Kirupamoorthy,
Kanapathipillai Ravichandran and Mylvaganam Amirthalingam, killed
during a cordon-and-search operation in the Batticaloa district;
Mavichandran Ragunathan, Rajalingam Mariayadas, Nadarajah Pararajasingham;
Malathi Tharmalingham, shot dead in Batticaloa town while pleading for the
release of her son; Ravichandran Kuganathan, Rajalingam Mariadas and
Nadarajah Pararajasiwgham, killed in Vijayapuram, Batticaloa district.
439. In addition, the Special Rapporteur transmitted the case of
Packiyarajah Ravindran, Alagian Thawgavel and S. Nagarajah, killed by a group
of Muslim “Home Guards” in the course of an attack perpetrated by the “Home
Guards” against civilians in the market at Palainaga Muttur in Trincomalee
district. It was alleged that army personnel at a nearby camp took no action
to halt the attack.
Communications received
440. By communication dated 5 January 1995, the Government of Sri Lanka
provided information to the Special Rapporteur outlining several measures the
Government intends to take to improve the human rights situation in the
country. These include, inter alia : re-establishing the powers of the Human
Rights Task Force to monitor the welfare of detainees and ensure that
fundamental rights of people arrested and detained are respected;
investigating incidents of human rights violations; bringing to justice those
responsible and paying compensation, particularly in relation to incidents of
extrajudicial executions.
441. The Special Rapporteur also received a letter from the Government
dated 24 October 1995 in which the latter informed the Special Rapporteur that
his communication concerning allegations of extrajudicial executions was
received and was subsequently “forwarded to the relevant national authorities
E/cN. 4/1996/4
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in Sri Lanka for clarification”. In the same communication, the Government of
Sri Lanka provided general information on the situation of human rights in
Sri Lanka.
Observations
442. The special Rapporteur notes with concern the deterioration of the
dialogue between the LTTE and the Government. According to information
received by the Special Rapporteur, the cease-fire agreement of 8 January 1995
ended in April 1995, resulting in new hostilities. Additional information
received by the Special Rapporteur suggests that hostilities between
government security forces and the LTTE during October 1995 have resulted in
the death of approximately 196 government soldiers and 700 members of
the LTTE, while the number of civilian casualties is unknown. The Special
Rapporteur appeals to the authorities to respect humanitarian law and human
rights principles.
443. The Special Rapporteur wishes to stress the need for restrictions on the
use of force so as to prevent human rights abuses by security forces,
paramilitary groups and armed civilians.
444. The Special Rapporteur wishes to reiterate his gratitude for the
invitation from the Government to visit Sri Lanka. Despite the interest shown
in conducting a visit during 1995, the crisis in which Burundi has plunged and
a resolution requesting the Rapporteur to visit the Papua New Guinea island of
Bougainville prevented him from undertaking such a visit. He hopes, however,
to be in a position to visit Sri Lanka during 1996, to be able to study the
situation of the right to life in situ , and to formulate, as appropriate,
recommendations for improvement.
South Africa
445. In 1995, the Special Rapporteur received several reports of disturbances
in December 1994 and the beginning of 1995 in the Mankunzane reserve area,
which is politically dominated by traditional leaders aligned to the Inkatha
Freedom Party (IFP) . The local police, including the Matubatuba-based
Internal Stability Unit (ISU) and the former KwaZulu “homeland” police force
based at Esikhawini, are reportedly biased against members of the Congress of
South African Trade Unions (COSATU)and the African National Congress (ANC) ,
who they consider as anti-IFP. On several occasions, members of trade unions
were harassed and threatened by armed groups while the police or the ISU when
requested for help, refused to intervene. Reports were also received about
harassment by members of the police. Some cases were brought to the Special
Rapporteur's attention where whole families were harassed by armed groups or
police for years.
446. Increased violence was also reported in the beginning of January in the
KwaMsane-Mtubatuba area, where a group of heavily armed young men, identifying
themselves with the IFP, embarked on a campaign to chase out of the area
anyone perceived to be sympathetic to the ANC. These men were reportedly
acting with the support of certain members of the KwaMsane police station
which is still under the control of the former KwaZulu “homeland police” .
E/CN. 4/1996/4
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447. With regard to the application of the death penalty in South Africa, the
Special Rapporteur was informed that the Constitutional Court, which was
established in February 1995, in a unanimous ruling had declared the death
penalty unconstitutional, as it was in violation of the right not to be
subjected to cruel, inhuman or degrading treatment or punishment, enshrined in
section 11 (2) of the Constitution. Since November 1989, no one was reported
to have been executed. In February 1990, a moratorium had been announced by
President De Klerk. However, 243 criminals have received death sentences
since the moratorium, and in June 1995, 453 prisoners were reported to be
still on death row. The Special Rapporteur was informed that these death
sentences would be commuted to life imprisonment.
Allegations transmitted
448. Since 25 November 1995, the Special Rapporteur, sent five urgent appeals
concerning death threats and violence by the police. The urgent appeals were
concerning the following persons:
(a) Mrs. M. Mtimkulu, a primary school teacher at KwaZulu, her husband,
and two sons Kulekani and Nkululeko, who reportedly had been receiving death
threats and had been attacked repeatedly since July 1994 by armed men enjoying
the acquiescence of the police. Since then they are reported to have been
harassed in their house. The car of one of the sons was shot in the presence
of the KwaZulu police. In November 1994 their house was reportedly searched
by the police for weapons after which threats were again issued against
Mrs. Mtimkulu. It was brought to the Special Rapporteur's attention that
since July 1994 security forces had taken no action to investigate the threats
against the Mtimkulu family (2 December 1994) ;
(b) Qwelaba Nkwanyana and Clement Kumalo, as well as other members of
the Nkanyana family, residents of the Mankunzane reserve, KwaZulu Natal.
After four members of the family had reportedly been killed between
September 1993 and July 1994, an attack by three unidentified men on
Qwelaba Nkwanyana and his brothers Mthembenoi Nkwanyana, Vusi Nkwanyana and
Clement Kumalo took place as they were on their way to the Mtunzini
Magistrate's Court. During this attack Mthembeni and Vusi Nkwanyana were
reportedly killed. It was reported that it took four hours before the police
arrived at the scene and after a few days of detention, the only suspect who
had been arrested was released. The Special Rapporteur requested information
about the investigations carried out and effective measures taken to protect
the life of the two survivors of the most recent attacks and their family
(7 December 1994) ;
(c) Eheki Ntuli and J.J. (Davidson Jabulani) Ntuli, brothers, both ANC
political activists, reportedly subjected to threats and attacks by armed men
allegedly belonging to the IFP. It was brought to the Special Rapporteur's
attention that prior to the threats, on 18 January 1995, the Ntuli family was
attacked and the mother, Grace, was killed, along with a friend of the family,
18-year-old Thulani Mbatha. Eheki Ntuli, moreover, had survived a number of
previous attacks on his life (31 January 1995) . A follow-up appeal was sent
on 17 March 1995, after the Special Rapporteur received additional information
according to which the attacks and threats were continuing. In a third
appeal, the Special Rapporteur reiterated his concerns previously expressed
E/cN. 4/1996/4
page 107
after receiving reports that Eheki Ntuli and his brother had been fired at by
a crowd while waiting at a bus stop. After fleeing to their house, the
brothers reportedly asked assistance from the ISU, who upon arrival did not
disperse the crowd outside the house but ordered the brothers at gunpoint to
lie down on the ground and threatened them. Later, an army patrol arrived on
the spot and dispersed the crowd. The brothers were taken into police
custody, and in their absence their house was looted and burned to the ground.
They were subsequently released (18 May 1995) .
Communications received
449. The Government acknowledged receipt of the urgent appeal
dated 18 May 1995 (24 May 1995) . At the time the present report was
finalized, no reply to the other urgent appeals had been received.
Observations
450. The Special Rapporteur thanks the Government for the acknowledgement of
receipt of the urgent appeal, but regrets the fact that no additional
information has been provided to him. He welcomes the interpretation by the
Constitutional Court that the death penalty not only constitutes a violation
of the right to life but also amounts to cruel, inhuman and degrading
treatment. The Special Rapporteur highly appreciates that South Africa
decided to abolish the death penalty in spite of the high level of violence
and criminality in the country and the devastating effects of apartheid laws
and policies still suffered by the country.
451. The Special Rapporteur, however, remains very concerned about the
continuing violence as well as the abuse of power by police and security
forces. He is particularly concerned about reports and allegations of
involvement of law enforcement officials in issuing death threats and using
violence against political activists. He therefore calls upon the Government
of South Africa to take measures to ensure that the rule of law will be
followed, and to prevent the recurrence of similar incidents.
Sudan
452. The Special Rapporteur received several reports concerning demonstrations
in Khartoum in 1995, during which excessive use of force was used against
demonstrators. For an analysis of the situation of human rights in the Sudan,
reference is made to the report of the Special Rapporteur on the situation of
human rights in the Sudan (E/CN.4/1996/62) .
Allegations transmitted
453. The Special Rapporteur, in 1995, sent three urgent appeals to the
Government of the Sudan, one of which jointly with the Special Rapporteur on
the situation of human rights in the Sudan, concerning the following persons:
(a) Samira Hassan Ali Karrar, leader of a group of relatives of 28 army
officers executed in 1990 and organizer of demonstrations and political
activities on their behalf, who had reportedly received death threats from a
security officer. On 25 February 1995, a demonstration took place during
E/CN. 4/1996/4
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which 28 female relatives of the officers accompanied by their children,
commemorated the anniversary of the execution. Widad 1-lassan Ali Karrar was
reportedly taken by the hair and had her head beaten against a wall, and
other demonstrators were allegedly beaten and threatened by members of the
security forces. The Special Rapporteur asked the Government of the Sudan to
provide him with information concerning the allegations and asked protection
for the life and physical integrity of the two persons mentioned above as well
as the other relatives of the 28 executed officers (14 March 1995) ;
(b) Dr. Hashim Zeyada, a Sudanese national, and Dr. Jeosip Meuo, an
Italian national, both working as volunteers for the humanitarian agency
Comitate Colaborazione Medica, who were reportedly detained in Pariang on or
around 29 May 1995 by a unit of government troops based in Bentia. In several
reports fears had been expressed for their life and physical integrity.
Consequently, the Special Rapporteur asked for information concerning these
allegations and requested the Government to ensure the effective protection of
the right to life and physical integrity of the above-mentioned persons
(9 June 1995) . The Special Rapporteur on torture had previously transmitted
an urgent appeal concerning the same persons on 8 June 1995;
(c) On 19 September 1995, a joint urgent appeal was sent by the
Chairman of the Working Group on Arbitrary Detention and the Special
Rapporteurs on extrajudicial, summary or arbitrary executions, on torture, and
on the situation of human rights in the Sudan, in relation to a series of mass
demonstrations that were taking place. The information received indicated
that Abdal Rahman al-Amin, student, and Fayz Muhammed Ali were among at least
five persons who were killed after security forces allegedly opened fire on
demonstrators at Khartoum University. Further reports were received
containing allegations of torture, arbitrary and incommunicado detention and
arrests during different demonstrations. The Special Rapporteurs and the
Chairman of the Working Group requested the Government to provide them with
information about the above-mentioned allegations.
454. The Special Rapporteur sent the following two cases to the Government:
Adalmonim Rahama, trade unionist, reportedly arrested on 11 September 1994 by
security forces and taken to one of the so-called “ghost houses”, which are
secret detention places, in the town of Medani, Gazira province, where he was
allegedly beaten to death; Dr. al-Saffi Al-Tayeh Al-Saffi, a 30-year-old
medical doctor, reportedly died on 9 January 1995 under torture by security
forces. It was brought to the Special Rapporteur's attention that since his
arrival in mid-September 1994 from Germany where he had visited Sudanese
friends and relatives, the victim had allegedly been subjected to continuous
harassments by security forces. The Khartoum North hospital was reported to
have issued a certificate stating a “circulatory failure” as the cause of the
death, but no post-mortem examination is said to have been conducted to
establish the cause of that failure.
Communications received
455. On 12 June 1995, the Government of the Sudan provided the Special
Rapporteur with both a reply to the urgent appeal concerning Hashim Zeyada and
Jeosip Meuo, as well as a note verbale relating to the same issue. The
Government informed the Special Rapporteur that the two persons mentioned had
E/cN. 4/1996/4
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illegally entered the Sudan. Furthermore, they were in rebel hands, since
the United Nations plane which was dispatched to Pariang to bring them
back to Khartoum was diverted to the Chukudum airstrip, which is under rebel
control. In a note verbale of the same date, the Government stated that an
aircraft belonging to the United Nations Operation Lifeline Sudan left
Lokichokio airport at the Kenyan border and landed at Pariang in south Sudan
illegally without an entry visa. The aircraft escaped, leaving behind
Mr. Giuseppe Meuo, who was then detained by the Sudanese authorities and moved
to Khartoum where at the moment of the reply he was being interrogated by the
authorities on the accusation of violating the immigration rules
(12 June 1995) .
Observations
456. The Special Rapporteur wishes to thank the Government of the Sudan for
the replies to the urgent appeal. He deplores, however, the fact that in the
reply no reference was made to the fate of Mr. Hashim Zeyada, nor of the
eventual release by the authorities of the two persons mentioned above. The
Special Rapporteur remains concerned about the life-threatening conditions in
the civil war zone, in the south of the Sudan. Furthermore, he expresses
concern about the reports he received about the use of excessive force against
the demonstrators, and he calls upon the Government to investigate the
allegations and to take measures to prevent the recurrence of such incidents.
Swaziland
457. An increase in tensions between trade unions and the Government was
reported, especially in July 1995, when unionized workers announced a mass
strike after a new Labour Bill was drafted adding new restrictions on the
freedom of association.
Allegations transmitted
458. The Special Rapporteur sent one urgent appeal to the Government of
Swaziland, asking for protection for Jan Sithole, Secretary-General of
the Swaziland Federation of Trade Unionists, who was reported to be receiving
death threats from members of the police. It was reported that Mr. Sithole
had been asked by the police in August 1994 to mediate during a strike of
sugar cane plantation workers, upon which he was taken in a police car and
driven around for hours during which he was threatened. In January 1995, he
received telephoned death threats and in June 1995, after returning from
attending an International Labour Organization (ILO) conference in Geneva,
the Chief Immigration Officer ordered him to surrender his passport.
Subsequently, Mr. Sithole was threatened with deportation to Mozambique
because it was alleged that he was a Mozambican (17 July 1995) .
Observations
459. The Special Rapporteur regrets the fact that at the time the present
report was finalized, no reply had been received from the Government. He is
E/CN. 4/1996/4
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concerned about reports he received with regard to the limitation of the
freedom of opinion and expression and association and calls upon the
Government to investigate the allegations.
Syrian Arab Republic
460. The Special Rapporteur was informed of numerous allegation of violations
of the right to life in the Syrian Arab Republic which resulted from torture
and ill-treatment during custody or detention.
Allegations transmitted
461. The Special Rapporteur transmitted to the Government the following cases
of death in custody: Rif'at Bin Ahmad Rajab, who reportedly died in Adra
civil prison in 1992 as a result of a heart disease which was aggravated by
torture and his alleged refusal to receive medical treatment; Salah Jadid, a
former chief of staff of the army who reportedly died on 19 August 1993 in
al-Mezze prison where he had allegedly been detained without charge or trial
for almost 23 years.
Communications received
462. The Government of the Syrian Arab Republic informed the Special
Rapporteur that Salah Jadid had been placed under house arrest. The
Government also pointed out that while under house arrest, Salah Jadid “was
provided with all the health care and social welfare that he needed”. The
Government affirms that Salah Jadid died of septic shock, accompanied by
circulatory collapse and kidney failure (19 October 1995) .
Taj ikistan
463. The Special rapporteur sent the following cases of death in custody to
the Government: Islambek Dashtov, member of the Pamiri ethnic group, who
reportedly died while in detention two days after having been detained by
security forces during a raid in the Yujhni district of Dushanbe; Eshoni Said
Ashraf Abdullohadov, a prominent religious figure who allegedly died on
21 September 1994 while in detention.
Observations
464. The Special Rapporteur regrets that no replies have been received from
the Government, either to allegations transmitted or concerning his request to
visit to the country made in 1993.
Thailand
465. The Special Rapporteur transmitted to the Government of Thailand a
communication concerning Soe Win, aged 24, believed to be a Myanmar national,
who was reportedly beaten to death on 1 June 1994 by a Thai policeman in
Kyan Daw, near Thom Papum.
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466. By communication dated 8 November 1995, the Government informed the
Special Rapporteur that investigations were under way regarding the death of
Soe Win.
Togo
Allegations transmitted
467. The Special Rapporteur sent to the Government of Togo the case of
Atcha Kpakpo Sabin, Director of the Agence pour la Navigation A rienne en
Afrigue , reportedly attacked on 25 September 1994 in Lom by eight
unidentified persons, seven of whom were wearing military uniforms. After
threatening him and his wife and searching his house, they reportedly asked
him to follow them. Upon his refusal, he was reportedly killed.
Communication received
468. The Special Rapporteur received a letter from the Government of Togo
informing him about an amnesty law which was adopted by the National Assembly
on 15 December 1994 with regard to crimes of murder and a series of other
crimes that occurred during aggressions on 25 March 1993 and S
and 6 January 1994, and all politically motivated offences committed before
15 December 1995. Persons arrested on the basis of political or politically
motivated offences would be liberated and judicial proceedings on the same
basis would be suspended (16 February 1995) .
Follow-up
469. The Special Rapporteur also sent a follow-up letter to the Government of
Togo. He referred to a letter which was sent to him by the Government of Togo
on 16 February 1995 concerning the amnesty law which was adopted by the
National Assembly with the aim of achieving national reconciliation. The
Special Rapporteur reminded the Government of the danger of such a law
favouring impunity, which would be contrary to international instruments. The
Special Rapporteur furthermore emphasized that for national reconciliation to
take place it would be essential to know the truth about all the human rights
violations that have occurred, and that any amnesty law should include the
right to reparation and compensation of the victims. Furthermore, it would be
in the interest of prevention of the recurrence of similar crimes if the truth
about those crimes were known. The Special Rapporteur furthermore requested
the Government of Togo to provide him with any comments or additional
information concerning the amnesty laws.
Observations
470. The Special Rapporteur wishes to thank the Government of Togo for the
information provided concerning the amnesty laws. He regrets that no
additional information, as requested, has been received nor a reply to the
case that was sent in 1995. He is concerned about the amnesty law as set out
in his letter to the Government; in particular he fears that such a law might
favour impunity in the country. He calls upon the Government to take into
consideration the rights of victims, especially the right to compensation and
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the right to know the truth. The Special Rapporteur, moreover, reiterates
that reconciliation will not be possible unless the truth is known and justice
is done.
Trinidad and Tobago
471. By letter dated 18 January 1995, the Government of Trinidad and Tobago
provided a reply in the case of Glen Ashby. On 15 August 1994, the Special
Rapporteur had sent a letter to the authorities in Trinidad and Tobago,
expressing concern at his execution, reportedly while 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.
472. According to the Government, Glen Ashby had been convicted and sentenced
to death by the High Court on 20 July 1989. A notice of appeal was filed on
the same day but was dismissed by the Court of Appeal on 8 December 1993. He
subsequently filed an application for special leave to appeal to the Judicial
Committee of the Privy Council which was dismissed on 6 July 1994. Upon the
dismissal, the Advisory Committee on the Power of Pardon considered
Mr. Ashby's case but did not recommend that he be pardoned. The President
issued a warrant of execution which was read to Mr. Ashby on 12 July 1994 for
execution on 14 July. The Government further states that Mr. Ashby filed a
constitutional motion in the High Court on 13 July 1994 challenging the
constitutionality of his execution. Previously, after the dismissal of
application by the Privy Council on 6 July 1994, solicitors had lodged a
petition with the Human Rights Committee. According to the Government of
Trinidad and Tobago, authorities were not aware at the time of Mr. Ashby's
execution that a request had been made by the Special Rapporteur of the Human
Rights Committee under rule 86 of the Committee's rules of procedure;
therefore, no steps could have been taken to give effect to the request.
473. The Government asserted that his execution was carried out pursuant to a
valid sentence of a competent court. He had exhausted all criminal appeals
and had his case considered by the Advisory Committee on the Power of Pardon.
At the time of his execution there was not in force any judicial or
presidential order for stay of the execution, nor was there any undertaking by
the State not to execute him.
474. The source pointed out, however, inter alia , that the reply of the
Government did not address the issue of whether or not Mr. Ashby was entitled
to a stay of execution while his international petition was still pending.
Observations
475. The Special Rapporteur thanks the Government of Trinidad and Tobago for
the exhaustive reply provided in the case of Glen Ashby. He notes, however,
that the Government has not addressed the fact that the execution of
Glen Ashby took place 4 years and 11 months after he was sentenced to death.
In this context, the Special Rapporteur wishes to reiterate his concern
(E/cN.4/1995/61, para. 307) that the fact that the 1993 judgement of the Privy
Council, which held that awaiting execution of a death sentence for five years
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constituted in itself cruel and inhuman punishment, could encourage
Governments to speed up the execution of death penalties to the detriment of
the right of the defendant to a fair trial.
Turkey
476. During 1995, the Special Rapporteur continued to receive information
about the human rights situation in Turkey, particularly in the south-east
provinces where a state of emergency is currently in effect. According to
reports received, violations of the right to life persist mainly in the
context of confrontations between the Kurdish Workers Party (PKK) guerrillas
and the Turkish security forces, death squads, village guards and
counter-guerrillas.
477. It has been reported that attacks by Turkish armed forces have been
carried out, inter alia against those working for Kurdish human rights
organizations, in the face of hostilities. Reports have also been received
about the continuing harassment of journalists of pro-Kurdish newspapers and
human rights lawyers as well as members of Kurdish political parties.
Article 8 of the Turkish Anti-Terror Law has reportedly been invoked to charge
journalists and Kurdish writers, in an attempt to limit and penalize the
non-violent expression of political opinions. Information regarding
amendments made by the Turkish Grand National Assembly on 27 October 1995 to
article 8 of the Anti-Terror Law was transmitted to the Special Rapporteur by
the Turkish Government (3 November 1995) . The Special Rapporteur noted that
the enactment in question has been amended.
478. On 4 April 1995, the Special Representative of the Secretary-General on
internally displaced persons, the Chairman of the Working Group on Arbitrary
Detention, the Special Rapporteur on extrajudicial, summary or arbitrary
executions, the Special Rapporteur on the question of torture and the Chairman
of the Working Group on Enforced or Involuntary Disappearances sent a joint
urgent appeal to the Government of Turkey. They expressed concern about
reports received, according to which Turkish and Iraqi civilians of Kurdish
ethnic origin had died as a result of the armed conflict which began after
Turkish troops entered the territory of northern Iraq on 20 March 1995. Fears
were expressed that civilians were at risk of, inter alia , extrajudicial
executions. The experts called upon the Government to take all necessary
measures to ensure that the right to life and physical integrity of civilians
were protected. In addition, they requested the Government to inform them of
steps taken to guarantee the protection of these rights, in accordance with
international human rights and humanitarian law.
479. In a note verbale dated 6 April 1995, the Permanent Mission of Turkey to
the United Nations stated that the operation conducted by the Turkish armed
forces in northern Iraq did not fall within the purview of the signatories of
the joint urgent appeal. Reference was made to the fact that United Nations
human rights mechanisms created under resolutions which made recommendations
were not intended “to encroach upon the field of international humanitarian
law, unless specifically provided otherwise by that law”.
480. On 10 May 1995, the signatories of the aforementioned joint urgent appeal
addressed a letter to the Government in which they expressed their
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disagreement with the views of the Government contained in the note verbale
referred to above. They further stated that they considered themselves
competent to monitor the implementation of international human rights law
within the framework of their respective mandates, irrespective of whether
those rights were codified in international human rights law or humanitarian
law. In addition, they reiterated the concerns previously expressed, and
requested the Government again to respond to the allegations.
481. By note verbale dated 16 June 1995, the Government of Turkey provided a
reply to the joint communication mentioned above, and stated that the articles
and provisions mentioned in the letter do not confer on special rapporteurs
and working groups of the United Nations human rights system any duty to
oversee the performance of the States parties to an armed conflict. The
Government claimed that there seems to exist a confusion in the sphere of
application of human rights and humanitarian law by special rapporteurs and
working groups.
Allegations sent
482. The Special Rapporteur sent 56 cases of alleged extrajudicial, summary or
arbitrary executions of the following persons:
(a) Reportedly found dead after having been arrested by police officers
or members of the security forces: Savas Buldan, Adnan Yildirim and
Haci Karay; Aslan Yildiz and Muslum Kavut found dead in Karaoglan district of
Ovack; Bayran and Hamit Bal; Mehmet Sen, member of the Democracy Party (DEP);
Hasan Ocak; Fars Yildiz; Sino Omer Omer and Abdulla Ibrahim; M. Emin, M. Haci,
Mehmet Nezir Gorel, Mehmet Kaya, Mehmet Ozkan, A. Selam Demir and Serif Ekin;
Felemez Argic, shot dead after being taken into custody, reportedly for his
refusal to become a village guard;
(b) Killed during police raids: Fuat Rdogan, lawyer, Elmas Yalcin and
Ismet Erdogan, in Istanbul; Ref ik Horoz, Reyhan Havva Ipek, Husseyin Deniz and
Selim Yesilova, students, at their house in Diyarbakir;
(c) Killed by Turkish squads and counter-guerrillas: Cunyet Aras,
aged 3, Ferdi Aras, aged 5, Ergun Aras, aged 8, Pinar Aras, aged 12, and
Birgul Aras (their mother) , reportedly killed by a Turkish death squad in
Ozdemir village; Halil Kaya, killed during a shooting by counter-guerrillas in
a street of Gazi Mahallesi;
(d) Killed by village guards: Hasan Kaymaz, reportedly killed by
village guards on Bafo village during a raid; Yusuf Elik, killed in Savura
village;
(e) Killed by chemical weapons: 19 persons, names unknown, reportedly
killed in an encounter with the Turkish Security Forces in Nurhak Mountains,
south-east Turkey, in July 1993;
(f) Death in custody: Ramazan Ozuak, detainee at the Diyarbakir E-type
prison, and Yacin Kilic.
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483. In addition, the Special Rapporteur transmitted to the Government
allegations he had received concerning the killings by police officers of:
Medet Serhat, a Kurdish lawyer; Faik Candan, another Kurdish lawyer;
Rif at Ozgungur, reportedly shot for not obeying a warning by the police to
stop; Admet Ozturk, journalist; Ersin Yildiz, journalist of Ozgur Ulke ,
reportedly killed in the offices of a newspaper in Istanbul; Mumtaz Kacar and
Mehmet Sait Timurtas; Muhsin Melik, human rights activist; Leyla Orhan and
Asim Aydemir; Delear Abdulla Qadir, Rizgar Salih Hussein, Salar Osman Rashid,
Hussein Ismael Hussein, Vaktujar Abdul Karim Salih, Feridoun Farhad Mustafa,
Asou Othman Muhammed and Kirmanj Haza Abdulla, reportedly killed while trying
to cross the Turkish border from the Zakho area.
Communications received
484. The Special Rapporteur received replies from the Turkish Government
regarding some cases which had been sent in 1994 and 1995. The Government
informed the Special Rapporteur that investigations undertaken to identify the
assailants who killed Mehmet Salih, Salih Satan, Sefer Cerf, Rebih Cabuk and
Ahmet Dizman have produced no concrete results as yet. In regard to the cases
of Sehmuz Ozgi n; Masallah Kasaphan, Hakki Kuru, Abdurrahman Yakut and Samet
Yaman the Government asserted that these persons had not been subj ected to
threats by the police (3 January 1995) .
485. The Government informed the Special Rapporteur that allegations were
inaccurate and that inquiries were being conducted in the following cases:
Besir Baskak, Abdullah Guler, Sait Sen, Ahmet Guler and Ahmet Cetin. No
complaints had been made on the case of Huseyin Ergin and no inquiries were
being conducted. Regarding Yeter Guler, inquiries were under way. With
respect to the death of Mehmet Zeki Aksoy, the Turkish Government informed the
Special Rapporteur that she had been killed by Adulkadir Aydin, alias “Reso”,
a member of the PKK, who was arrested and referred to the Diyarbakir State
Security Court, where his trial is currently under way. The Government also
mentioned that in the case of Nasir Ogi t, his wife and six children, the
allegations were fallacious. No autopsy could be conducted since the bodies
were completely burnt as a result of a fire (10 January 1995) .
486. On 27 January 1995 a reply was provided to the urgent appeal sent in
October 1994 on behalf of Nebahat Akkoc. The Government stated that she was
apprehended together with 16 other members of PKK and later released following
an initial interrogation; she was not subjected to torture or ill-treatment.
487. Concerning the cases of Sehmuz Celik and Mahmut Cakmak, the Special
Rapporteur was informed that a public case was initiated against
Captain Izzet Goral and his company of the gendarmerie forces in the
Diyarbakir High Criminal Court. In addition, the Government stated that an
inquiry was under way in the cases of Mehmet Emin Bingol, Yakup Tekin,
Mehmet Acar, and Ali Can Oner (22 March 1995) .
488. During the period under review, the Turkish Government provided
information regarding the concept of terrorism and forwarded to the Special
Rapporteur a non-exhaustive compilation of attacks perpetrated in Turkey
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during 1994 by the PKK. The Government also transmitted to the Special
Rapporteur a booklet entitled “Realities of Turkey for the West” and a copy of
the speech delivered by the Prime Minister of Turkey at the Parliamentary
Assembly of the European Union (5 September and 29 June 1995) .
489. By communication dated 7 April 1995, the Government of Turkey stated that
paragraphs 29 and 315 of the Special Rapporteur's previous report to the
Commission on Human Rights (E/cN.4/1995/61) would appear to suggest that the
Government chose to avoid giving a firm answer to his request. While
considering this to be a misunderstanding, the Government stated that a visit
by the Special Rapporteur to Turkey would be facilitated provided that the
Special Rapporteur agreed to examine allegations relating to violations of the
right to life committed by terrorists (7 April 1995) .
Follow-up
490. By letter dated 22 August 1995, the Special Rapporteur requested further
clarification regarding several cases. The Special Rapporteur made specific
reference to the case of Mehmet Zeki Aksoy after the source had disagreed with
the reply given by the Government, which declared that Mehmet Zeki Aksoy had
been killed by JIIdulkadir Aydin, a member of the PKK. Additional information
was also requested in the case of Nebahat Akkoc. In this case, the source
reiterated that she had been tortured and interrogated about her applications
to the European Commission on Human Rights.
491. In the same letter the Special Rapporteur expressed concern at the very
high number of allegations of extrajudicial, summary or arbitrary executions.
He stated that he encountered considerable difficulties in drawing any
conclusions as to the merits of the allegations, since they continue to differ
substantially from the information provided by the Turkish authorities. The
Special Rapporteur thanks the Government for its letter of 7 April 1995
regarding a possible mission to Turkey, while reiterating that the
interpretation and scope of the mandate is the prerogative of the Special
Rapporteur.
Observations
492. The Special Rapporteur thanks the Government of Turkey for the replies
provided but is concerned about the lack of effective cooperation, as no
progress has been made since 1992 regarding a requested visit to Turkey
although in principle it has been accepted by the Government.
493. Moreover, he continues to be extremely concerned about violations of the
right to life in the south-eastern provinces of Turkey. Information in this
regard, which has been received by the Special Rapporteur on a continuous
basis during the past years, suggests the existence of a pattern of violations
of the right to life, particularly against persons of Kurdish ethnic origin.
The Special Rapporteur recognizes the difficulties faced by the Government in
controlling violent acts committed by members of the PKK and is aware that
attacks on the right to life are also being committed by the PKK. Despite the
difficult circumstances, the Special Rapporteur wishes to reiterate that the
right to life is absolute and must be respected even under exceptional
circumstances. In this respect, attempts of the Government of Turkey to
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challenge the mandate of the Special Rapporteur in regard to civilian victims
of armed conflicts is particularly disturbing, and indicates a lack of
willingness on the part of the Government to respect the lives of civilians
caught in these conflicts.
494. Due to the large number of allegations which continue to be
systematically received, and the contradictory versions of the sources of the
information and the Government, the Special Rapporteur finds that it is
virtually impossible for him to determine which of the versions corresponds to
reality. For these reasons, the Special Rapporteur reiterates his interest in
visiting Turkey so as to be in a position to assess the situation on the basis
of first-hand information. The Special Rapporteur believes that a visit could
provide an opportunity to formulate, as appropriate, recommendations for
improvement of the right to life.
Ukraine
495. With regard to the application of capital punishment in Ukraine, the
Special Rapporteur was informed that, although the country has taken steps
towards the abolition of the death penalty since its independence in 1991, it
has an execution rate that is among the highest in the world. Statistics from
the Ministry of Justice have reportedly shown that 143 people had been
sentenced to death in 1994, and 60 were executed. The application of the
death penalty is reportedly surrounded by secrecy. Relatives of those on
death row in Ukraine are not informed in advance of the date of the execution,
and are not entitled to the body of the executed prisoner which is buried in
an unmarked grave in a location not revealed to them.
Allegations transmitted
496. The Special Rapporteur transmitted to the Government of Ukraine the case
of Nicolaj Szpakowicz, of Polish nationality, who reportedly died in custody
after alleged ill-treatment by policemen on 17 September 1994, in Pochayev,
Ternopil region. The Special Rapporteur was informed that one of the police
officers was charged in respect of this case for intentionally inflicting
serious body injuries.
Observations
497. The Special Rapporteur regrets that at the time the present report was
finalized, no reply had been received from the Government. He calls upon the
Government to investigate the allegations.
United Arab Emirates
498. The Special Rapporteur sent an urgent appeal to the Government of the
United Arab Emirates concerning the reported death sentences imposed on a
16-year-old Filipino maid, Sara Balabagan. According to the information
received by the Special Rapporteur, the girl had committed a murder at the age
of 15, allegedly in self-defence, after her employer had made sexual advances
to her. Reportedly, her official papers had been falsified to allow her to
work in the United Arab Emirates. The Special Rapporteur reminded the
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Government of its obligations under international law, stating that it was
contrary to those instruments to impose the death sentence on a minor, and
requested the Government to refrain from execution (21 September 1995) .
Observations
499. The Special Rapporteur regrets that at the time the present report was
finalized, no reply had been received from the Government. He was informed by
sources, however, that the death sentence imposed on Sarah Balabagan was
reversed by the Appeal Court. The Special Rapporteur is gravely concerned
about the fact that under the national legislation of the United Arab Emirates
minors can be subjected to capital punishment. The Special Rapporteur
therefore calls upon the Government of the United Arab Emirates to revise its
legislation in this regard, and to bring it into line with international
standards concerning the rights of the child.
United Kingdom of Great Britain and Northern Ireland
500. During 1995, the Special Rapporteur was informed that since the
declaration of a cessation of the military operations, as of 1 September 1994,
by the Irish Republican Army (IRA), killings have virtually stopped. Serious
allegations, however, were received concerning the failure of the Government
to conduct prompt, thorough and impartial inquiries into the killings that
have occurred during the conflict between 1969 and 1994, as required by
international standards such as those contained in the United Nations
Principles on the Effective Prevention and Investigation of Extra-legal,
Arbitrary and Summary Executions. It was brought to the Special Rapporteur's
attention that very few prosecutions have taken place, allegedly resulting in
only six convictions as of August 1995, thus making it impossible for the
families of the deceased to discover the full circumstances of any disputed
killing. Reports furthermore indicated that once a decision not to prosecute
is made, the only procedure left to examine publicly the circumstances of the
death is the coroner's inquest, which in Northern Ireland is reportedly much
more restricted than elsewhere in the United Kingdom. According to the
information received, a High Court judicial review in 1995 confirmed that such
a procedure could not be seen as a procedure to examine the full circumstances
of a killing. Other serious allegations were received concerning collusion
between members of the security forces and Loyalist paramilitary groups, and
including aiding and abetting of Loyalist attacks by intelligence officers;
security information on Republican suspects regularly handed over by members
of the security forces to Loyalist groups; and the participation of members of
the security forces in Loyalist attacks. An inquiry into the extent of the
collusion has reportedly been consistently refused by the Government of the
United Kingdom.
Allegations transmitted
501. In 1995, the Special Rapporteur sent the following three cases to the
Government of the United Kingdom, all of them being cases of deaths in police
custody in London: Brian Douglas, who reportedly died in London on
3 May 1995, after being arrested five days previously, during which time he
was reportedly beaten with batons; Shiji Lapite, a Nigerian citizen,
reportedly died in police custody in London on 16 December 1994; Joy Gardner,
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a Jamaican immigrant, reportedly died in police custody in London on
28 July 1993, after being arrested by police and immigration authorities for
deportation from the United Kingdom to Jamaica. According to the information
received, Mrs. Gardner had resisted arrest violently after which she was
restrained with handcuffs, leather belts and adhesive bandage applied around
her head with a gag in her mouth, following which she allegedly fell into a
coma and was pronounced dead four days later. It was brought to the Special
Rapporteur's attention that three police officers reportedly stood trial for
manslaughter, but that they were allegedly acquitted on 14 June 1994 after a
police-led investigation.
Communications received
502. The Government of the United Kingdom provided a reply to the three cases
that were sent in 1995. With regard to the death of Shiji (Oluwashijimoni)
Lapite, the Government informed the Special Rapporteur that no death
certificate can be issued until after the inquest, which is due to begin on
22 January 1996. No formal complaint had yet been made. Whether any
disciplinary measures would be taken against the police officers involved
depended on the outcome of the inquest. Concerning the death of
Mrs. Joy JIIgelica Gardner, the Government informed the Special Rapporteur that
no formal complaint had been made. Three police officers were prosecuted for
manslaughter and acquitted on 14 June 1995. This decision is definitive. The
Government furthermore stated that no claim for compensation had been made and
liability has yet to be determined. With regard to the death of
Brian Douglas, the Government stated that no formal complaint was made, but
civil proceedings had started. No death certificate had been issued, as an
inquest had yet to be completed. An inquest was opened on 11 May 1995 and
adjourned sine die . An internal investigation was carried out, the results of
which were sent to the Crown Prosecution Service for consideration of possible
criminal offences. No criminal and disciplinary procedures were under way
(16 November 1995) .
Observations
503. The Special Rapporteur wishes to thank the Government for the replies
provided, and the willingness shown to cooperate with his mandate. In 1995,
he also received a number of replies from the sources, after transmitting in
1994 the Government's replies to them. He regrets that owing to the limited
human resources available, it has been impossible to analyse the cases. The
Special Rapporteur, however, undertakes to analyse the information at a later
stage. The Special Rapporteur is particularly concerned about the fact that
foreigners seem to be disproportionately involved in the allegations of
extrajudicial, summary or arbitrary executions.
United Republic of Tanzania
504. The Special Rapporteur, in 1995, received reports about massive numbers
of refugees from Burundi and Rwanda, seeking asylum in the United Republic of
Tanzania. This has put a heavy burden on the Tanzanian population, as a
consequence of which Tanzanian authorities were allegedly compelled to close
the borders with Burundi. According to the authorities, armed incursions by
Burundi soldiers into Tanzania were taking place, purportedly in pursuit of
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armed Burundi militia. This led to difficulties at the border with Burundi
where refugees were alleged to be ill-treated and sometimes killed.
Allegations transmitted
SOS. The Special Rapporteur sent one urgent appeal to the Government of the
United Republic of Tanzania jointly with the Special Rapporteur on the
question of torture, expressing fear for the lives of refugees originating
from Burundi and Rwanda. Information had been received by both Special
Rapporteurs about ill-treatment on several occasions by Tanzanian border
patrols. This reportedly forced some refugees to return to Burundi. Upon
their arrival in Burundi they were allegedly attacked by Burundi soldiers
armed with knives and machetes, and between three and six refugees were
killed. Allegations were also received about Tanzanian soldiers who in
June 1995 reportedly fired upon a group of 250 Rwandese refugees trying to
cross the border into Tanzania. The Special Rapporteurs jointly addressed two
simultaneous urgent appeals to the Governments of Burundi and the
United Republic of Tanzania, urging them to respect the Convention relating to
the Status of Refugees and urging them to take measures to protect the life
and physical integrity of the refugees in the border region and to apply the
principle of non-refoulement (6 July 1995) .
Observations
506. The Special Rapporteur regrets that no reply has been received from the
Government. The Special Rapporteur expresses his deep concern about the
situation in the border region, particularly with regard to the refugees. He
recognizes the burden which is put on Tanzanian society by receiving massive
flows of refugees from Rwanda and Burundi, but he also wishes to remind the
Government of its obligation under several international instruments relating
to the situation of refugees. Furthermore, the right to seek asylum, as
recognized in international instruments, must be seen in the context of the
right to enjoy the right to life in those situations where the lives of
refugees are in imminent danger. In view of the persistent gravity of the
situation in the region, the Special Rapporteur once more wishes to launch an
appeal to both the Government of the United Republic of Tanzania, as well as
the international community, to find a durable solution to the crisis and to
respond to it in a way which takes full account of the hundreds of thousands
of lives at risk.
United States of America
507. The Special Rapporteur continued to receive numerous reports indicating
that the practice of capital punishment in the United States of America does
not conform to a number of safeguards and guarantees contained in
international instruments relating to the rights of those facing the death
penalty. In many of the cases, it was alleged that defendants did not benefit
fully from their right to an adequate defence. A number of cases concerned
death sentences relating to offences committed by defendants who were said to
be mentally retarded.
508. The Special Rapporteur, in comparison with recent years, sent
an increased number of urgent appeals to the Government of the
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United States of America, concerning death sentences imposed in the following
states: Alabama (3), Arizona (1), Arkansas (1), Florida (2), Georgia (2),
Illinois (2), Indiana (1), Missouri (5), North Carolina (1), Oklahoma (2),
Pennsylvania (2), Texas (4) and Virginia (1) .
509. In 1995, the Special Rapporteur also received reports about the
reinstatement of the death penalty in the state of New York. It had been
brought to his attention that on 7 March 1995, the Governor of New York signed
a death penalty bill into law, which came into force on 1 September 1995. The
law reportedly provides for the death penalty for several categories of murder
including intentional murder committed during violent crimes, serial and
“contract” killings, the murder of judges, police officers and prison guards
who are on duty, and murders involving torture.
Allegations transmitted
510. The Special Rapporteur sent 27 urgent appeals to the Government of the
United States in which he urged the authorities to ensure full respect for the
rights of 26 persons facing the death penalty:
(a) The following persons were said to have been sentenced to death
despite their serious mental retardation: Mario M rquez (5 January 1995);
Roosevelt Pollard, whose attorneys failed to carry out an adequate
investigation into his mental state and unstable background (5 January 1995);
Maurice Andrews, whose mental retardation was not referred to by his attorney
during his trial (2 March 1995) ; Willie Clisby (25 April 1995) ; Varnall Weeks
(2 May 1995); Girvies Davis (4 May 1995); Larry Lonchar (21 June 1995);
Luis Mata, who was reportedly defended by attorneys who were inexperienced
with capital cases during the appeals procedures (7 July 1995) ;
Robert Brecheen (31 July 1995) ; Barry Fairchild, who was reported to be beaten
by the police, and bitten by a police dog during police custody and concerning
whose conviction doubts have reportedly been raised about the evidence upon
which the conviction was based (14 August 1995) ; Frederic Jermyn
(6 September 1995) ; Anthony Joe Larette, who was also reported to have been
represented by an unexperienced lawyer (10 November 1995) ;
(b) The following persons were said to have been sentenced to death
after trial in which their right to an adequate defence had allegedly not been
fully ensured: Alan Jeffrey Bannister (2 December 1994) ; Kermit Smith
(6 January 1995); Calvin Burdine (20 January 1995); Robert T. Sidebottom
(7 November 1995) ;
(c) The following persons were said to have been sentenced to death
despite strong indications casting doubt on their guilt: Gregory Resnover
(2 December 1994) ; Jesse Jacobs (22 December 1994) ; Nicholas Ingram
(30 March 1995) ; Larry Griffin (24 May 1995) ; Joseph Spaziano (9 June 1995) ;
Dennis Waldon Stockton (15 September 1995) ;
(d) The following persons were said to be sentenced to death after a
trial which was allegedly marked by racial bias: Hernando Williams
(14 February 1995) ; Mumia Abu-Jamal, who was also reportedly defended by an
allegedly inadequate counsel who was unwilling to assist in the case and who
was hindered in his work due to lack of time and financial restraints. The
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evidence in his case was allegedly based on contradictory statements of
unreliable witnesses (19 July 1995) ; Thomas Joe Miller-El, whose health was
allegedly very bad during the trial as he was reportedly suffering from the
effects of being shot by police during his arrest. He was furthermore
reported to be drifting in and out of consciousness during the trial due to
the fact that his medication was stopped at the judge's request
(2 October 1995);
(e) Thomas Grasso was said to have been sentenced to death without
resorting to his right to lodge any legal or clemency appeals, and was
reported to have consistently expressed the will to be executed
(28 February 1995) ;
(f) Raleigh Porter was reportedly sentenced to death after the
presiding judge overruled a unanimous recommendation of the jury to life
imprisonment (14 March 1995) .
Communications received
511. The Government of the United States of America provided the Special
Rapporteur with a reply to the urgent appeal sent to the Government
on 2 December 1994, concerning the case of the execution of Gregory Resnover.
The Government informed the Special Rapporteur that under United States law, a
defendant may be sentenced to death in accordance with strict procedural
safeguards, designed to ensure that his or her rights are not violated. In
the reply, the Government stated that Mr. Resnover had lied about his
involvement in the shooting in order to protect his brother, and that he had
never recanted his statement delivered under oath, that he fired his weapon at
police officers, and that he had been able to fully exercise his right to
appeal in both state and federal courts. The Government furthermore provided
the Special Rapporteur with a description of the legal safeguards provided to
defendants in the United States in criminal cases, and in particular those
specific to death penalty cases (6 June 1995) .
512. The Government also provided a reply briefly referring to the 10 most
recent inquiries sent by the Special Rapporteur since June 1995, providing the
Special Rapporteur with a short summary of general information on
United States standards and practices in capital punishment cases. The
Government informed the Special Rapporteur that his request would be sent to
the Attorneys-General of the states concerned, and recommended that the state
authorities provide a more detailed response.
Follow-up
513. As in 1994, the Special Rapporteur sent a letter to the Government
expressing his appreciation for the detailed information provided by the
authorities with regard to legal safeguards for those facing the death
penalty. The Special Rapporteur, however, reiterated his preoccupation as
expressed in earlier communications about a number of questions relating to
the legislation and practice concerning capital punishment in the
United States of America. The Special Rapporteur reminded the Government of
the United States of the far-reaching limitations and restrictions imposed by
international law on the use of the death penalty. In this context he
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referred particularly to the comments and recommendations of the Human Rights
Committee, which were made upon consideration of the first periodic report of
the United States of America, under article 40 of the International Covenant
on Civil and Political Rights (CCPR/C/79/Add.50) . The Special Rapporteur
furthermore subscribed to recommendations, relating to the right to life made
by the Committee that the State party should review its recommendations,
declarations and understandings with respect to the Covenant with a view to
withdrawing them and that the State party should revise the federal and state
legislation with a view to restricting the number of offences carrying the
death penalty to the most serious crimes. The Special Rapporteur was very
concerned about the reinstatement of the death penalty in New York. The
Special Rapporteur was also deeply concerned about reports alleging that in
spite of the provision contained in the bill relating to the exemption of
pregnant women and mentally incompetent and mentally retarded persons from
execution, according to the new bill, mentally-ill persons can be executed if
they commit a murder while in prison. The follow-up letter also contained a
list of urgent appeals that were sent to the Government of the United States
since 25 November 1994, and to which as of that date no reply had been
received.
Observations
514. The Special Rapporteur thanks the Government for the replies provided,
including the information concerning the application of the death penalty in
the United States. He hopes to receive a substantive reply to each of the
individual cases in due course. The Special Rapporteur welcomes the fact that
in 1995 he did not receive reports about death sentences imposed for offences
committed when the defendants were below 18 years of age. He remains deeply
concerned, however, that in spite of the guarantees laid down in federal and
state legislation, many of the death sentences continue to be handed down
after trials which fall short of international guarantees for a fair trial.
Particularly disturbing are reports concerning the application of capital
punishment on mentally retarded or mentally-ill persons. The Special
Rapporteur is also deeply concerned about the number of reports indicating
that defendants did not have adequate defence during the trials and appeals
procedures. The Special Rapporteur finds this a very grave violation of the
right to a fair trial, particularly in capital punishment cases.
515. Moreover, the Special Rapporteur is deeply concerned about reports he
received in 1995 concerning cases which were allegedly blatantly tainted by
racial bias on the part of the judges or the prosecution, which reportedly has
resulted in an arbitrary removal of members of the jury in some cases.
Another issue of concern to the Special Rapporteur is that in some states an
appeal procedure after conviction in capital cases is not mandatory. In
practice, this is a disadvantage for those without adequate legal counsel,
which in practice means poorer people who are not familiar with the
procedures. The Special Rapporteur therefore urges the Government to take
legislative measures in order to ensure that appeals in all capital cases are
mandatory.
516. Finally, the Special Rapporteur finds the reports about the
reintroduction of the death penalty in New York most disturbing. He
reiterates the desirability of the abolition of the death penalty, repeatedly
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expressed by the Human Rights Committee, in particular upon consideration of
the first periodic report of the United States of America.
517. The Special Rapporteur pointed out in his letter to the authorities that
his concerns expressed in 1993 and 1994 persisted, and 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 the federal and at the state level, as well as with
interested organizations and individuals. At the time the present report was
finalized no reply to this request had been received from the Government.
Uruguay
518. By note verbale dated 5 April 1995, the Government provided information
on the cases of Jose Roberto Facal and Fernando Alvaro Morroni, transmitted to
the Government by the Special Rapporteur on 1994.
519. According to the Government, allegations regarding the case of
Jose Roberto Facal are factually incorrect since he was a victim of a common
crime in which no State officials were involved. Criminal charges have been
brought against the alleged murderer. Concerning the death of
Fernando Morroni, the Government confirms that the victim was killed during a
demonstration in Montevideo in August 1994. The Government informed the
Special Rapporteur that investigations are under way and judicial proceedings
have been initiated. Further details on the case will be provided as soon as
they are available.
520. Further information received from the source refers, however, to the fact
that although judicial proceedings have been initiated against several police
officers for some of the serious offences committed ( lesiones graves y
gravisimas ) during the August 1994 incidents, no proceedings have been
initiated against any police officers regarding the killing of
Jose Roberto Facal.
Uzbekistan
521. The Special Rapporteur sent one urgent appeal to the Government of
Uzbekistan, concerning Shukhrat Yusunov, who was reportedly facing imminent
execution after a trial in which essential evidence was allegedly not taken
into consideration. The Special Rapporteur furthermore brought to the
Government's attention information he had received with regard to the alarming
rate at which executions are reported to be carried out in Uzbekistan, which
might be related to the current prison situation, since many prisons are
reportedly overcrowded. In addition, it was alleged that guarantees for a
fair trial were frequently ignored (10 October 1995) .
Observations
522. The Special Rapporteur regrets the fact that at the time the present
report was finalized, no reply had been received from the Government. He
therefore calls upon the Government of Uzbekistan to investigate the
allegations.
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Venezuela
Allegations transmitted
523. The Special Rapporteur sent one urgent appeal expressing fear for safety
of prisoners in Venezuela, after receiving information that National Guard
officers were being deployed in seven prisons following violent incidents
(5 January 1995) .
524. Another urgent appeal was sent on behalf of the following persons
reportedly detained by members of the Venezuelan navy: Kevyis Wilfredo
Palmera, Francisco Javier Beltran, Jose Alirio Danila, Luis Bracca,
Luis Alberto Macualo, Cruz Antonio Martinez, Wilson Manuel Fajardo Acosta,
Yonny Alberto Salazar Bona, Yunny Javier Salazar Bona, Seferino Rodriguez,
Julio Aldemaro Artaona, Francisoc Ram6n Hern ndez, Jose Oracio Bustamante,
Neira Casilda Bona de Salazar, Allela Costes Camacho, Luis Carlos
Navarro Bona, Plinio Romero Martinez, R gulo Armando Ojeda, Marcos Ram6n
Colmenares, Freddy Euclides Romero Flores, Luis Alberto Lara and Carlos Jose
Vasquez. Fears for their lives arised after Juan Vicente Palmero was
reportedly killed by members of the navy infantry. Allegedly, their arrest
took place after eight Venezuelan soldiers were ambushed and killed by
Colombian guerrillas in Puerto Ayacucho, Amazonas, between 26 February and
3 March 1995.
Communications received
525. By letter dated 20 April 1995, the Venezuelan Government forwarded a copy
of the press release issued by the Ministry of the Defence in which it is
stated, inter alia , that investigations are under way.
Yemen
Allegations transmitted
526. The Special Rapporteur transmitted to the Government of Yemen the following
cases: an unidentified man reportedly shot dead by army personnel and members
of the Islah militia at a check-point in the district of Al-ma'Alla, Aden; and
unidentified man, member of the Yemeni Socialist Party (YSP) Central Committee
reportedly arrested at a check-point in Sana'a and subsequently taken to the
headquarters of central security Al-Amn Al-Markazi, where he was said to have
been killed.
Observations
527. The Special Rapporteur wishes to express concern at these allegations and
regrets the lack of response from the Government regarding cases sent in the last
two years.
Yugoslavia
528. For an analysis of the human rights situation in the former Yugoslavia,
reference is made to the periodic reports submitted to the General Assembly
and the Commission on Human Rights by the Special Rapporteur.
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Communications from the Government
529. The Government of the Federal Republic of Yugoslavia (Serbia and
Montenegro) provided the Special Rapporteur with several reports of the
Federal Government's committee for the collection of data on crimes committed
against humanity and international law (8 November 1995, 10 November 1995 and
24 November 1995) .
530. Since the subject of these reports falls within the competence of the
Special Rapporteur on torture as well as the Special Rapporteur on the
situation of human rights in the territory of the former Yugoslavia, the
information has been passed on to them.
Zaire
531. During the period under review, the Special Rapporteur continued to
receive allegations of violations of the right to life in Zaire. In an effort
to avoid duplication of actions, most of the information was transmitted to
the Special Rapporteur on Zaire, who took action on the cases and transmitted
to the Government 23 alleged cases of extrajudicial, summary or arbitrary
executions.
532. According to the information received, some violations of the right to
life have occurred as a result of excessive use of force in demonstrations.
The Special Rapporteur received disturbing reports concerning the killing of
10 persons during a demonstration on 29 July 1995, organized by the Parti
lumumbiste unifie , (PALtJ) to protest against the prolongation of the
transitional period. Reportedly, the demonstration was suppressed by force by
soldiers belonging to Military Action and Information Service (SARM) and the
Garde civile . The Special Rapporteur was also informed about violations of
the right to life which have taken place in the context of looting committed
by soldiers, who are reportedly not being paid and find stealing an easy way
of obtaining money. In most of the cases those allegedly responsible for the
killings were members of the Garde civile , the Brigade sp ciale de recherche
et surveillance (BSRS) , the National Intelligence and Protection Service
(SNIP) , SARM and the Zairian Armed Forces (FAZ) .
533. The Special Rapporteur was also informed of the excessive use of force
used by members of the Zairian Contingent while trying forcibly to expel from
its territory 1-lutu refugees in August 1994. No casualties were recorded.
534. For an in-depth analysis of the human rights situation in Zaire, the
Special Rapporteur refers to the report of the Special Rapporteur on the
situation of human rights in Zaire (E/CN.4/1995/66) .
Observations
535. The Special Rapporteur is concerned at the absence of the rule of law in
Zaire at a time of democratic transition, and encourages the Government to
take all necessary steps to ensure that elections will take place at the end
of the new transitional period.
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536. He expresses deep concern about the situation of Rwandan and Burundian
refugees in Zaire. He recognizes the burden which their arrival has created
for this region of Zaire, but wishes to remind the Government of its
obligations under the 1951 Convention relating to the Status of Refugees,
which Zaire has ratified. He wishes to call on the authorities to refrain
from using force to forcibly repatriate the refugees to their countries.
Furthermore, he emphasizes that the right to seek asylum is a prerequisite of
the protection of the right to life, in situations in which the lives of
refugees are in imminent danger in their own country.
C. Other
Palestinian Authority
537. The Special Rapporteur received information about the creation of a new
military tribunal to combat violent opposition to the Middle East peace
process. Reportedly, human rights organizations have requested the
Palestinian authorities to dismantle the new military tribunal, which is said
to have secretly tried suspected Islamic militants. According to information
received, defendants tried before such courts have no right to a proper
defence or to a fair and public trial.
Allegations transmitted
538. On 20 September 1995, the Special Rapporteur sent an urgent appeal to the
Permanent Observer Mission of Palestine to the United Nations, requesting the
Palestinian authorities to adopt all necessary measures to protect the life
and physical integrity of Bassem Eid, a researcher at B'Tselem, a human rights
organization. Reportedly, he had received threats after B'Tselem had
published a report detailing activities of the “Palestinian Preventive
Security Service” (P55) .
539. On 13 October 1995, the Special Rapporteur transmitted the case of
Muhammad Ahmad Muhammad Hussein Al-Jundi, reportedly killed on April 1995
after having been arrested by Palestinian police and detained in the Gaza
central prison on suspicion of being involved in the killing of six Fatah
members in Jabalyia refugee camp. It was alleged that he was handed over to
the Fatah “Hawks” on 1 April 1995, and reportedly killed in Jabalyia refugee
camp. At the time the present report was finalized no replies had been
received from the Palestinian Authority.
IV. CONCLUSIONS AND RECOMMENDATIONS
A. Capital punishment
540. In its resolution 1995/73, the Commission on Human Rights requested the
Special Rapporteur to “continue monitoring the implementation of existing
international standards on safeguards and restrictions relating to the
imposition of capital punishment, bearing in mind the comments made by the
Human Rights Committee in its interpretation of article 6 of the International
Covenant on Civil and Political Rights, as well as the Second Optional
Protocol thereto” .
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541. In 1994, the Special Rapporteur presented a detailed analysis of his
concerns with regard to the death penalty (E/cN.4/1994/7, paras. 673-687). In
1995, the Special Rapporteur's action in response to allegations of violations
of the right to life in connection with capital punishment continued to be
guided by the following three basic principles:
(a) The desirability of abolition of the death penalty, as expressed on
numerous occasions by the General Assembly, the Economic and Social Council
and the Human Rights Committee;
(b) The need to ensure the highest possible standards of independence,
competence, objectivity and impartiality of judges and full respect of
guarantees for a fair trial in proceedings which may lead to the imposition of
the death penalty, including respect for the right to an adequate defence and
the rights to appeal and to seek pardon, commutation of the sentence or
clemency;
(c) Full observance 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.
Desirability of the abolition of the death penalty
542. The Special Rapporteur has pointed out in previous reports his position
with regard to the desirability of the abolition of the death penalty (see
E/CN.4/1994/7, paras. 674-677 and E/cN.4/1995/61, para. 374) . He applauds the
fact that the international community on different occasions in 1995 has taken
an increasingly firm stand against the death penalty. He noted a growing
interest of the international community in the prevention of executions which
were about to be carried out in 1995 after trials which did not meet the
international standards or after trials in which death sentences were imposed
on minors. The trend towards abolition of capital punishment was also
reflected in the most recent quinquennial report of the Secretary-General on
capital punishment submitted to the Economic and Social Council in 1995
(E/1995/78 and Add.1 and Add.1/Corr.1), in which it is noted that an
unprecedented number of countries had abolished or suspended the use of the
death penalty. He calls upon States to adopt measures to strengthen the trend
towards the abolition of the death penalty, and he welcomes the fact that a
number of countries have made the decision to abolish the death penalty.
543. The Special Rapporteur wishes to express his appreciation for reports he
has received concerning the abolition of the death penalty adopted by the
Council of Europe under the Sixth Optional Protocol to the European Convention
on Human Rights. The Special Rapporteur notes with satisfaction that new
members joining the Council of Europe are required to sign within one year and
ratify within three years after joining the organization the Sixth Optional
Protocol to the European Convention, and that a moratorium on executions is
required to be put into effect immediately after joining the organization.
544. The Special Rapporteur, however, also received reports about the
extension of the scope of capital punishment in a number of countries to
offenses which were previously not punishable by death. In this regard, he
expressed his concern about the extension of the death penalty for crimes of
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robbery with violence as approved by the National Assembly in CSte d'Ivoire in
March 1995. He also wishes to express his concern about information he
received indicating that in March 1995, the Congress in Guatemala approved the
extension of the death penalty to anyone convicted of kidnapping, including
accomplices who threaten to kill victims of kidnapping. The Special
Rapporteur addressed a letter to the United States of America after being
informed that the death penalty would be reintroduced in the State of New York
in September 1995. As the present report was being finalized, the Special
Rapporteur was informed that the Ruling Armed Forces Council of the Gambia had
issued a decree on 12 August 1995 reinstating the death penalty, which had
been abolished in 1993. He deplores these developments and is of the opinion
that they are in clear violation of the international trend towards abolishing
the death penalty.
545. In view of the fact that the loss of life is irreparable, the Special
Rapporteur, on previous occasions, strongly supported the conclusions of the
Human Rights Committee and emphasized that the abolition of capital punishment
is most desirable in order fully to respect the right to life. In this
context it may be mentioned that in South Africa, capital punishment was
abolished not only because it was considered to be in keeping with the right
to life, but also because it was considered to be cruel and inhuman treatment.
The Special Rapporteur therefore urges strongly States which have extended the
scope of the death penalty or reinstated the death penalty to reconsider their
decision.
Fair trial
546. During all trials, but in particular during trials in which capital
punishment might be imposed, both in the pre-trial stage and during the actual
trial before the court all safeguards and guarantees for due process, as
provided for in such international instruments as the Universal Declaration of
Human Rights (arts. 10 and 11) , the International Covenant on Civil and
Political Rights (arts. 9, 14 and 15), the Safeguards guaranteeing protection
of the rights of those facing the death penalty, as well as Economic and
Social Council resolution 1989/65 on their implementation, must be fully
respected, especially where the life of the defendant is at stake.
547. At all stages, defendants charged with capital offences must benefit
from the fullest guarantees for an adequate defence. This includes an
adequate provision for State-funded legal aid by competent defence lawyers.
The presumption of innocence must be maintained until the guilt of the
defendants has been proved beyond all reasonable doubt and the highest
standards must be applied for the gathering and assessment of evidence, while
mitigating factors must be taken into account. In this context, the Special
Rapporteur wishes to express his concern about the existence of laws, for
example as in Singapore and Indonesia, which seem to be in violation of the
last principle. As pointed out in previous reports, proceedings leading to
the imposition of capital punishment must conform to the highest standards of
independence, competence, objectivity and impartiality of judges and juries.
Efforts and interventions were therefore coordinated with the Special
Rapporteur on the independence of judges and lawyers to intervene in cases of
common concern, as for example in Nigeria.
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548. In addition, a procedure must be guaranteed in which both the 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
this context, the Special Rapporteur welcomes the developments in France,
where steps are currently being taken for a review of the “cassation
procedures” . He calls upon other States whose legal system is inspired by the
French legal tradition to take similar measures to bring their legislation
into line with international standards in this regard. In addition, the
defendant's rights to seek pardon or commutation of the death sentence must be
ensured. The Special Rapporteur is concerned about reports that in some
countries this procedure might be used to hasten the execution, since clemency
is sometimes sought without the consent of the convicted, as has been
reported, for example, in Indonesia.
549. During 1995, the Special Rapporteur received numerous and alarming
allegations about legislation and State practices leading to the imposition
and execution of death sentences where the defendants did not fully benefit
from guarantees and safeguards as mentioned above. Such reports concerned the
following countries (for details see chap. III) : Algeria, Chad, China, Egypt,
Georgia, Indonesia, Iran (Islamic Republic of), Iraq, Kuwait, Kyrgyzstan,
Libyan Arab Jamahiriya, Lithuania, Nigeria, Rwanda, Saudi Arabia, Singapore,
Trinidad and Tobago, Ukraine, United States of America, Uzbekistan.
550. In addition, a disturbing number of reports were received relating to the
imposition of the death penalty by special courts, set up with the aim of
speeding up proceedings. In general, it can be concluded that such courts
often lack independence, either because the judges are accountable to the
executive, or because they are military officers on active duty within the
chain-of-command structure of the army. Time-limits which are sometimes set
for the conclusion of different trial stages before such special jurisdictions
gravely affect the defendant's right to an adequate defence. The right to
appeal, if it exists, is often extremely limited. In some cases, the law
establishing special courts also provides for an extension of the scope of
capital off ences to crimes which were previously not punishable by death. The
Special Rapporteur regrets to note again that, as a general rule, the
standards of due process of law and respect for the right to life before such
jurisdictions are lower than in ordinary criminal proceedings. He wishes to
refer, in this context, to the sections of his report on Egypt and Nigeria.
He urges the authorities to bring the procedures for trials before such courts
into line with the international standards for a fair trial.
551. During the period under review, the Special Rapporteur was informed about
the secrecy surrounding the trial and application of the death penalty in a
number of States, in particular Belarus, China and Ukraine. According to
information received, family members of a convicted person are not informed
when executions take place and do not have access to the body subsequently as
the body is reported to be buried in an unmarked grave. The Special
Rapporteur reiterates that this constitutes a violation of the right to a
public trial and also ignores the rights of the convicted persons, as well as
those of their families. The Special Rapporteur calls upon States to see to
it that the convicted persons as well as their family members do have access
to information with regard to the execution. In this connection, the Special
Rapporteur wishes to emphasize the fundamental importance of the right to a
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public trial to which those accused of an offence are entitled. Moreover,
offences which carry the death penalty must be clearly defined.
552. In summary, it must be emphasized that once a death sentence has been
carried out, judicial errors can no longer be remedied. The Special
Rapporteur therefore urges the Governments of all States in which the death
penalty has not been abolished to ensure that proceedings which may lead to
the imposition of the death penalty are conducted in accordance with the
highest standards of due process and that accused persons fully benefit from
all safeguards and guarantees set forth in the pertinent international
instruments.
553. The Special Rapporteur recommends that States establish in their internal
legislation a period of at least six months before a death sentence imposed by
a court of first instance can be carried out, so as to allow adequate time for
the preparation of appeals to a court of higher jurisdiction and petitions for
clemency. This would prevent the hasty execution of people who have been
convicted and prevent the execution of people who still have appeals pending.
In addition, officials who are responsible for carrying out an execution
should be fully informed of the state of appeals and petitions for clemency of
the prisoner in question, and they should be instructed not to carry out an
execution while any appeal or other recourse procedure or other proceeding
relating to pardon or commutation of the sentence is still pending.
Inapplicability of the death penalty
554. Article 6, paragraph 5, of the International Covenant on Civil and
Political Rights stipulates that “sentence of death shall not be imposed for
crimes committed by persons below eighteen years of age” . This principle
prohibits capital punishment for juvenile offenders, and has also been
embodied in other international instruments, in particular the Convention on
the Rights of the Child, the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice (“The Beijing Rules”) and the Safeguards
guaranteeing protection of the rights of those facing the death penalty. The
Special Rapporteur therefore found the reports he continued to receive with
regard to the imposition of death sentences on minors in Pakistan and the
United Arab Emirates particularly disturbing. He calls upon those States to
bring their internal legislation into line with international standards.
555. According to international instruments, capital punishment should not be
imposed on mentally retarded or insane persons. The Special Rapporteur
remains extremely concerned about the large number of allegations received in
relation to the imposition of the death penalty on such persons in several
states of the United States of America. He is also concerned about reports of
similar cases in Cuba and Kyrgyzstan. The Special Rapporteur recommends that
a clearer definition of mental retardation should be provided, in line with
the recommendation made by the Economic and Social Council in 1989.
Restrictions on the use of the death penalty
556. In paragraph 1 of the Safeguards guaranteeing protection of the rights of
those facing the death penalty, approved by the Economic and Social Council in
1984, it is stated that the scope of crimes subject to the death penalty
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should not go beyond intentional crimes with lethal or other extremely grave
consequences. It can be concluded from this that the death penalty should be
eliminated for crimes such as economic crimes and drug-related offences. In
this respect, the Special Rapporteur expresses his concern at the increasing
number of persons who are being executed for drug-related offences. The
Special Rapporteur welcomes the fact that Poland, Belarus and Armenia have
abolished the death penalty for various economic crimes (E/1995/78, paras. 26,
29; E/1995/78/Add.1, para. 3).
557. The Special Rapporteur is extremely disturbed by reports which suggest
that the executions of persons in some countries might be carried out for
reasons other than punishment for a crime committed. In this regard, the
Special Rapporteur expressed his great dismay at reports he received
concerning the situation in China where, allegedly, organs of freshly executed
persons are used for transplantation, or organs might be removed even before
the execution takes place. In view of the gravity of these allegations, the
Special Rapporteur urges the authorities to carry out a thorough investigation
into this matter.
B. Impunity
558. In his report to the Commission on Human Rights at its fiftieth and
fifty-first sessions, the Special Rapporteur set out in detail the obligations
imposed on Governments under international law to investigate allegations of
violations of the right to life, punish the perpetrators and award
compensation to the victims (see E/CN.4/1994/7, paras. 688-699 and
E/CN.4/1995/61, paras. 398-410).
559. It is the obligation of Governments under international law to carry out
exhaustive and impartial investigations into allegations of violations of the
right to life, to identify, bring to justice and punish their perpetrators, to
grant compensation to the victims or their families, and to take effective
measures to avoid future recurrence of such violations. The Principles on the
Effective Prevention and investigation of Extra-legal, Arbitrary and Summary
Executions set forth in detail the aforementioned obligations. In addition,
regarding deaths as a result of excessive use of force, the Basic Principles
on the Use of Force and Firearms by Law Enforcement Officials provide that
arbitrary or abusive use of force and firearms by law enforcement officials is
to be punished as a criminal offence under national law (principle 7) .
Furthermore, the Manual on the Effective Prevention and Investigation of
Extra-legal, Arbitrary and Summary Executions lays down procedures for
conducting investigations into extra-legal executions or killings.
560. The right of every person to enjoy his or her human rights under
protection, if necessary, of appropriate judicial and administrative
institutions, is entrenched, inter alia , in articles 6, 7 and 8 of the
Universal Declaration of Human Rights, article 2, paragraph 3, article 9,
paragraph 5, and article 15, paragraph 2, of the International Covenant on
Civil and Political Rights, articles I, IV, V and VII of the Convention on the
Prevention and Punishment of the Crime of Genocide, the four Geneva
Conventions of 1949 and the two Additional Protocols thereto of 1977.
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561. The Special Rapporteur has noted that impunity continues to be the
principal cause of the perpetuation and encouragement of violations of human
rights, and particularly extrajudicial, summary or arbitrary executions.
562. According to the information received, violations of human rights with
impunity continue in countries such as Colombia, Brazil, Cambodia, Chad,
El Salvador, Guatemala, Indonesia, Iraq, Liberia, Mauritania and Peru, despite
the fact that legal provisions for the prosecution of violators of human
rights exist. In most of the allegations received, sources refer to the fact
that either no investigations at all were initiated in cases of violations of
human rights or the investigations were never concluded. Frequently, the
authorities do not react to complaints filed by the victims, their families or
representatives, or by international organs, including the Special Rapporteur.
In this connection, the Special Rapporteur wishes to remind Governments of
their obligation to initiate inquiries into allegations as soon as they are
brought to their attention, particularly where the alleged execution is
imminent. Legislation should also permit victims or their families to
initiate such proceedings. The Special Rapporteur calls on all Governments to
enact legislation enabling the competent authorities to fulfil their
obligations under international law irrespective of whether or not the victims
are able to provide evidence to identify the authors of human rights abuses
against them, and to ensure that these obligations are implemented in
practice.
563. The reports and allegations that have come before the Special Rapporteur
indicate that grave breaches of the above-mentioned obligations occur at all
levels. In some cases, the basis for impunity is legislation which exempts
perpetrators of human rights abuses from prosecution. The promulgation in
June 1995 of an amnesty law in Peru, which discontinued investigations and
judicial proceedings linked to past human rights violations and rendered
ineffective those sentences which had been handed down for such crimes, is a
clear example. Under this enactment, a general amnesty was granted to all
military, police or civil officials who had committed human rights violations
within the framework of the struggle against terrorism and drug trafficking
since May 1980. Furthermore, the Special Rapporteur was informed that on
15 February 1995, the Togolese National Assembly granted selective amnesty
with regard to human rights violations which occurred during the unrest of
25 March 1993 and S and 6 January 1994, and all politically motivated offences
committed before 15 December 1994.
564. In this regard, the Special Rapporteur considers that even if in
exceptional cases Governments may decide that perpetrators should benefit from
measures that would exempt them from or limit the extent of their punishment,
the obligation of the Governments to bring them to justice and hold them
formally accountable remains. Principle 19 of the Principles on the Effective
Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions
states that “in no circumstances ... shall blanket immunity from prosecution
be granted to any person allegedly involved in extra-legal, summary or
arbitrary executions”. Furthermore, amnesty law has very little or no concern
for the rights of victims. In this context, the Special Rapporteur appeals to
all Governments concerned to revise any legislation in force which exempts
from prosecution those involved in violations of the right to life.
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565. The attention of the Special Rapporteur has been drawn to the fact that
there are numerous cases in which perpetrators of violations of the right to
life have been tried, but the sentences imposed on them were not proportionate
to the gravity of the offences committed. Sources also refer to the fact that
frequently, low-ranking individuals are convicted while those in positions of
command escape responsibility for having planned and ordered the violations.
The Special Rapporteur calls on all Governments to prosecute those involved in
the planning and carrying out of alleged extrajudicial, summary or arbitrary
executions, including those in positions of authority who failed to prevent
them. Furthermore, he recommends the establishment of a permanent
international criminal justice system with a broad mandate and sufficient
means and which could conduct proper investigations to ensure the
implementations of its decisions.
566. According to information received, investigations concerning human rights
violations were jeopardized as a result of intimidation and threats directed
against victims and witnesses in Argentina, Brazil, Colombia, Mexico, Nigeria,
Paraguay, Pakistan, Peru and Turkey in the course of 1995.
567. In some countries, problems relating to the proper functioning of the
judiciary, which affect in particular its independence and impartiality, also
encourage impunity. Special commissions of inquiry to monitor the
independence, impartiality and competence of judges in ordinary courts have
sometimes been created to deal with such problems. In some cases the
establishment of such commissions is publicly announced, but in practice their
recommendations are not followed. Moreover, such mechanisms are sometimes
used as tools to evade the obligation to carry out thorough, prompt and
impartial investigations into alleged violations of the right to life. The
Special Rapporteur recommends that the results of these investigations should
be made public and the recommendations should be binding on the authorities.
568. The Special Rapporteur has noted that many government replies take the
form of blanket denials or contain imprecise information. This indicates
unwillingness to account fully for the allegations of violations of the right
to life.
569. He wishes to point out that some countries claim that their judiciary
does not function properly and use this as a pretext to justify trials before
military tribunals. In some 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 practice, this almost
always results in impunity for the security forces. The Special Rapporteur
wishes to appeal to the Governments concerned to provide for an independent
and impartial judiciary to deal with all cases of alleged violations of the
right to life. Where national legislation gives jurisdiction to 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, as required by the pertinent international instruments, as regards
their independence, impartiality and competence. The Special Rapporteur
reiterates that the rights of accused persons must be fully guaranteed before
such tribunals, and provision must be made to allow victims or their families
to participate in the proceedings. He furthermore calls on Governments to
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ensure that security forces cooperate fully with the relevant services in an
effort to identify and bring to justice those responsible for human rights
violations.
570. The Special Rapporteur believes that there is a clear relationship
between effective investigation of human rights violations and prevention of
their recurrence. In this context, the Special Rapporteur suggests 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. 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 the initiative towards the
recognition of international jurisdiction over violators of the right to life.
In this connection, he supports the creation of a new convention which, in
line with the Convention against Torture, would give jurisdiction to all
countries on matters relating to extrajudicial, summary or arbitrary
executions, including massacres. The Special Rapporteur welcomes the
establishment of a preparatory committee to draft a convention for the
creation of an international criminal court based upon the draft statute
prepared by the International Law Commission.
571. As previously stated in his reports to the Commission on Human Rights, he
welcomes the establishment of International Tribunals for the former
Yugoslavia and Rwanda, under Security Council resolutions 808 (1993) and
955 (1994) . He reiterates his appeal to all Governments concerned to
cooperate fully with these tribunals, in order to bring the authors of crimes
committed in the former Yugoslavia and Rwanda to justice as well as to
encourage the possible deterrent effect this may have in other potentially
similar situations.
C. Rights of the victims
572. The Special Rapporteur has reiterated on previous occasions the
importance of the recognition of the right of victims or their families to
know the truth and to receive adequate compensation, since it constitutes both
a recognition of the State's responsibility for the acts of its organs and an
expression of respect for the human being.
573. The Special Rapporteur would like to emphasize, however, that the
granting of compensation presupposes compliance with the obligation of the
State to carry out exhaustive and impartial investigations into allegations of
human rights violations with a view to identifying and prosecuting the
perpetrators. Thus, financial or other compensation provided to victims or
their families does not exempt the Government from its obligation to
investigate such allegations.
574. The Special Rapporteur remains concerned about the small number of States
that have provided him with information concerning national legislation and/or
practice with regard to the granting of compensation. He appreciates the
steps taken by the Sub-Commission on Prevention of Discrimination and
Protection of Minorities to continue its study on the issue of the
establishment of international norms for compensation for victims of human
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rights violations, and encourages its Special Rapporteur, Mr. Theo van Boven,
to continue with the elaboration of principles which could serve as guidelines
for Governments adopting measures in this respect.
575. In this context, the Special Rapporteur wishes to note the need to
establish a voluntary fund to enable victims and their families to receive
compensation. Such a mechanism would encourage the participation of victims
in judicial proceedings. In this context, the Special Rapporteur refers to
the need to comply with the provisions embodied in the Declaration of Basic
Principles of Justice for Victims of Crime and Abuse of Power, adopted by the
General Assembly in its resolution 40/34 of 29 November 1985, in particular
articles 4, 5 and 6.
576. The Special Rapporteur welcomes steps taken in this respect by the
Government of Colombia to provide compensation for victims whose cases have
been investigated by the Inter-American Court of Human Rights or the Human
Rights Committee and he hopes that this will be extended to cases other than
those investigated by the two bodies mentioned. The Special Rapporteur also
welcomes the steps taken by the Chilean authorities to provide the widow of
Carmelo Soria with a monthly allowance as compensation. The Special
Rapporteur also welcomes the information he received from the Bangladesh
authorities but, as he pointed out in his observations, the fact that
compensation has been provided does not detract from the obligation to carry
out exhaustive and impartial investigations into the allegations. Finally,
the Special Rapporteur welcomes the steps taken by the National Human Rights
Commission of Mexico, which concluded that the survivors of the massacre which
took place at Aguas Blancas or their families should be compensated. The
Special Rapporteur wishes to call upon other States to follow the example of
the States mentioned above, and to adapt their national legislation so as to
ensure that compensation will be paid to victims of human rights abuses.
D. Allegations received and acted upon
Death threats
577. The Special Rapporteur received allegations concerning death threats or
fear for the lives and physical integrity of more than 400 persons.
Therefore, urgent appeals on behalf of those under threats continued to be an
essential part of the Special Rapporteur's mandate. In the past year, he has
transmitted urgent appeals, with the aim of preventing loss of life to the
Governments of: Angola, Argentina, Brazil, Cambodia, China, Colombia,
El Salvador, Guatemala, Honduras, Indonesia, Iran (Islamic Republic of) ,
Mexico, Pakistan, Paraguay, Peru, South Africa, Sudan, Swaziland and Togo. In
each case the lives of human rights activists, members of the political
opposition, trade unionists, community workers, religious activists, writers
and journalists were reported to be at serious risk.
578. In this context, a number of urgent appeals were sent in 1995, relating
to the civilian population which was at risk of being attacked by State forces
in, among other countries, Burundi, the Russian Federation (Chechnya) and
Sri Lanka. The situation of Burundian and Rwandan refugees in Zaire, who
are at risk of being attacked by State security forces, is most preoccupying.
The Special Rapporteur is particularly concerned about the situation in
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Colombia (24 appeals) , Guatemala (13 appeals) and Peru (8 appeals) , where
there seems to be a pattern of intimidation and threats have persisted over a
period of years.
579. 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 upon the authorities to conduct
investigations in respect of all instances of death threats or attempts
against lives which are brought to their attention, regardless of whether or
not any judicial or other procedures have been activated by those under
threat.
Deaths in custody
580. The Special Rapporteur received numerous reports concerning deaths in
custody in Algeria, Armenia, Azerbaijan, Bahrain, Bulgaria, Colombia, China,
Cuba, the Czech Republic, Egypt, France, India, Indonesia, Iran (Islamic
Republic of) , Israel, Kenya, Morocco, Myanmar, Nepal, Nigeria, Pakistan,
Palestine, Peru, Philippines, the Republic of Moldova, the Sudan, the
Syrian Arab Republic, Tajikistan, Turkey, Ukraine and the United Kingdom.
581. In a number of cases such deaths were alleged to be the result of torture
or other cruel, inhuman or degrading treatment. This was particularly the
case in Cuba, China, India, Iran (Islamic Republic of) , Indonesia, Israel,
Kenya, Myanmar, Pakistan, Peru and the Sudan. The Special Rapporteur also
received allegations of deaths in custody due to medical neglect or otherwise
untenable prison conditions in Colombia, Cuba, Mongolia, Morocco, Nigeria,
Peru and the Syrian Arab Republic.
582. The Special Rapporteur appeals to all Governments to ensure that
conditions of detention in their countries conform to the Standard Minimum
Rules for the Treatment of Prisoners and other pertinent international
instruments. He also urges them to make efforts to ensure full respect for
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 to be responsible for the death of any
person held in custody or in breach of the aforementioned international
instruments, and to compensate the victims of such violations.
Deaths due to abuse of power by law enforcement officials
583. The Special Rapporteur received a considerable number of allegations
concerning violations of the right to life as a consequence of excessive use
of force by police and security officers. Allegations in this category were
reported in Algeria, Angola, Bahrain, Bangladesh, Bolivia, Brazil, Bulgaria,
Burkina Faso, Canada, Chad, Chile, China, Colombia, Cuba, Ecuador, Egypt,
El Salvador, France, Georgia, Germany, Guatemala, India, Indonesia, Iraq,
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Israel, Kenya, Mauritania, Mexico, Nigeria, Pakistan, Palestine, Panama, Peru,
Romania, the Philippines, South Africa, Sri Lanka, the Sudan, Swaziland,
Thailand, Turkey, Ukraine, the United Kingdom and Zaire.
584. In Bahrain, Bangladesh, Brazil, Burkina Faso, Chile, Colombia, Egypt,
India, Indonesia, Mexico, Nigeria, Panama, the Sudan, Turkey, Uruguay and
Zaire people were reportedly killed by security forces using excessive force
against participants in demonstrations and other manifestations.
585. The Special Rapporteur calls on all Governments to ensure that the
security forces receive thorough training in human rights matters and, in
particular, with regard to the restrictions on the use of force and firearms
in the discharge of their duties. Such training in human rights matters
should include methods of crowd-control without resorting to lethal force.
Full and independent investigations must be carried out into alleged deaths
due to abuse of power, and all law enforcement officials responsible for
violations of the right to life must be held accountable.
Violations of the right to life and paramilitary groups
586. The Special Rapporteur is extremely concerned about the numerous reports
of violations of the right to life by paramilitary groups and death squads,
which appear to cooperate closely with the security forces of the following
Governments: Bangladesh, Botswana, Brazil, Burundi, Colombia, Guatemala,
India, Pakistan, Peru, Philippines and Turkey.
Violations of the right to life in armed conflict
587. The Special Rapporteur received reports concerning deaths as a
consequence of international and internal armed conflicts in various parts of
the world. Massive violations of the right to life were said to have been
committed particularly against civilians. This was reported, for example, in
Burundi, Cambodia, Chad, Ethiopia, Guatemala, Liberia, Mali, the
Russian Federation, Rwanda, Sierra Leone, Sri Lanka and Turkey.
588. In the Russian Federation, Chechnya, thousands of people were reportedly
killed, either as a direct consequence of hostilities (deliberate and
indiscriminate shelling of residential areas with heavy weaponry, including
aerial bombardments) , by arbitrary execution or as a result of sieges blocking
off water, food and medical supplies and refusal to evacuate sick or wounded
persons. Children, the elderly and those in poor health were particularly
affected by such measures.
589. The Special Rapporteur calls on all parties to conflicts, whether
international or internal, to respect the norms and standards of international
human rights and humanitarian law which are enacted to protect the lives of
the civilian population as well as combatants who are captured or who lay down
their arms.
Expulsion of persons to a country where their lives are in danger
590. The Special Rapporteur received reports about the imminent extradition of
one or more persons to countries where their lives might be at risk. All
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Governments should apply the norms and principles contained in international
instruments that refer to this particular question. They should refrain from
extraditing a person in circumstances where his or her safety is not fully
guaranteed. In addition, States which are in the process of extraditing or
expelling people should take all measures to protect the right to life of
refugees (Burundi, United Republic of Tanzania, Zaire) and foreigners
(United Kingdom and Germany).
E. Issues of special concern to the Special Rapporteur
591. The following sections contain conclusions and recommendations in response
to requests to pay special attention to violations of the right to life directed
against certain groups, made by the Commission on Human Rights, as well as a
review of certain issues which the Special Rapporteur considers of particular
importance.
1. Violations of the right to life of women
592. During the period under review, there was a total of 114 cases
transmitted by the Special Rapporteur in respect of violations of the right to
life of women. Thus, in 8.2 per cent of the cases transmitted to Governments
in 1995, victims were women. However, this figure only includes those cases
which clearly specified that the victim was a female or it was obvious from
the name of the person concerned. The actual number of allegations in which
women were victims of extrajudicial, summary or arbitrary executions is
believed to be much higher. Violations of the right to life of women,
including death threats and harassment, were reported in the following
countries: Algeria (2), Argentina (1), Bangladesh (1), Brazil (5), China (4),
Colombia (22), Cuba (14), Ecuador (1), Guatemala (9), Honduras (3), India (1),
Indonesia (2), Iran, (Islamic Republic of) (4), Kenya (1), Liberia (1), Mexico
(2), Myanmar (2), Nigeria (3), Papua New Guinea (2), Peru (8),
Philippines (2), Sierra Leone (2), Singapore (1), Sri Lanka (3), Sudan (2),
South Africa (1), Turkey (5), United Arab Emirates (1) , United Kingdom of
Great Britain and Northern Ireland (1) and Venezuela (2) .
593. The number of cases dealt with in 1995 is very similar to that of
previous years and therefore the Special Rapporteur's analysis as presented to
the Commission on Human Rights at its fiftieth and fifty-first sessions
continues to apply. Women do not appear to be targeted by reason of their
sex, but because of their activities. The fact that there are fewer women in
political, trade union or judicial positions as compared with men implies that
they are also less exposed to acts of violence. Women who actively
participate in public life seem to be in a similar position to that of their
male counterparts.
2. Violations of the right to life of minors
594. The Special Rapporteur is extremely disturbed at allegations of
violations of the right to life of persons under 18 years of age. During 1995
the Special Rapporteur acted upon more than 45 cases where the victims were
minors. Despite the fact that this figure shows, in principle, a notable
decrease in comparison with previous years, it has to be emphasized that this
number only accounts for those cases in which the source clearly provided the
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relevant information. A large number of cases received in which unidentified
minors had been killed are not included. The actual number of minors who have
been victims of violations of the right to life is much higher than the number
mentioned above. Allegations received stressed the fact that children are
victims of different categories of violation of the right to life, ranging
from the death penalty, death threats, deaths in custody and death during
armed conflicts.
595. Cases in which the victims were minors were sent to the following
countries: Bahrain (3), Burkina Faso (1), Chad (1), Chile (1), China (1),
Colombia (6), Cuba (7), Ecuador (1), France (1), Germany (1), Guatemala (1),
India (3) , Indonesia (1) , Israel (2) , Liberia (1 case involving
28 unidentified minors) , Nigeria (1) , Pakistan (2) , Papua New Guinea (5) ,
Peru (1) , Sri Lanka (5) , United Arab Emirates (1), Turkey (2) .
596. The Special Rapporteur is very concerned about the fact that legislation
in some countries continues to allow capital punishment to be imposed on
children. Thus, during 1995 he sent two urgent appeals on behalf of minors
considered to be at risk of imminent (judicial) execution: Salamat Masih
(Pakistan) and Sarah Balabagan (United Arab Emirates) .
597. The Special Rapporteur urges the Governments concerned to ensure full
respect for the right to life of children, including street children, and to
protect them effectively from all forms of violence. Once again, he calls
upon countries where capital punishment can be imposed on children to bring
their national legislation into line with pertinent international legal
instruments.
3. The right to life and mass exoduses
598. During 1995, the Special Rapporteur continued to receive information
about massive displacement of populations. Frequently, displacements were
reported to arise as a result of conflicts with civilians during
counterinsurgency operations. This would appear to be the case in Turkey,
where most of the Kurdish population in the south-east region of the country
has been displaced as a result of the confrontation between the Turkish
security forces and the PKK guerrillas. According to information received, in
Liberia approximately 150,000 persons have died, 1.5 million have been
displaced and 800,000 have fled to neighbouring countries. Massive
displacement has also been reported in the former Yugoslavia and in the
Russian Federation (Chechnya) . Similarly, large-scale displacements have also
been reported in Sri Lanka arising out of the conflict between the armed
forces and the Tamil Tigers. In Colombia, attacks by the army and
paramilitary groups against the guerrillas have also been reported to have led
to the displacement of a large proportion of the population. The Jumma people
of the Chittagong Hill Tracts in Bangladesh are believed to have been
displaced internally and some of them have sought refuge in India. Conflicts
between the Mexican army and the Zapatista National Liberation Army caused
large numbers of people to flee from the area of strife.
599. Displacement has also emerged as a result of communal violence, as was
the case in Burundi, where the Hutu population in Bujumbura has fled to the
bush due to attacks perpetrated by the mainly Tutsi army. Some of the Tutsi
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population in Burundi continues to be gathered in camps as a result of the
attacks carried out by Hutus after October 1993. Confrontations between the
Banyarwanda and the indigenous communities in North Kivu (Zaire) are believed
to have led the former to leave the Walikale region. The Special Rapporteur
wishes to emphasize that there is no adequate protection at an international
level of internally displaced persons, who may already be victims of the
actions and failures of their own Government. In this context, special
consideration should be given to removing tensions which could arise between
internally displaced persons and refugees who receive international
assistance.
600. The Special Rapporteur received information about violations of the right
to life against refugees and internally displaced persons in Rwanda and
Burundi. Attacks by armed forces were also reported against the resettled
community of Kekchi origin in Guatemala, in which 11 persons were killed as a
result of an attack by the armed forces. The community consists of refugees
mostly of Kekchi indigenous origin allegedly resettled in the Chisec area
after their repatriation from Mexico. In addition, the Special Rapporteur
received reports that Myanmar refugees living in Thailand were being attacked
by the Democratic Kayin Buddhist Organization, an armed group reportedly
supported by the State Law and Order Restoration Council, Myanmar's military
authority. The attacks reportedly were part of a systematic pattern of
intimidation against unarmed civilians seeking refuge in Thailand.
601. The Special Rapporteur reminds Governments that when a person has been
accepted in the territory of a State, it is the obligation of the State to
protect his life and physical integrity. Those responsible for the violations
should be brought to justice before the national courts of the host countries.
If necessary, international assistance should be sought in order to deal with
the overload. The Special Rapporteur calls upon the Governments concerned to
do their utmost to prevent violations of the right to life of refugees living
in camps and ensure the voluntary repatriation of refugees in safety and
dignity to their country of origin.
4. Violations of the right to life against persons exercising
their right to freedom of opinion and expression
602. More than 800 cases were received by the Special Rapporteur in 1995 in
respect of violations of the rights to life involving a breach of the rights
to freedom of opinion and expression, peaceful assembly and association.
Reports were received about death threats, killings and executions of members
of opposition political parties, trade unions, student movements, community
organizations, human rights groups, as well as journalists, writers, and those
defending the rights of peasants and indigenous people. The Special
Rapporteur is extremely concerned about killings of those participating in
peaceful demonstrations, as a result of abuse of power, which have been
reported in Bahrain, Chile, India, Indonesia (East Timor) , Nigeria, Panama and
Zaire. Furthermore, he continues to be preoccupied about reports of death
threats and killings of journalists which allegedly occurred in Algeria,
JIIgola, Cambodia, China, Guatemala, the Islamic Republic of Iran, Nepal and
Turkey.
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603. The Special Rapporteur urges Governments to respect fully the rights of
all persons to freedom of opinion and expression and to peaceful assembly and
association, as guaranteed in the pertinent international legal instruments.
He calls on Governments to revise their legislation, if necessary, in order to
stop penalizing activities relating to the non-violent expression of political
opinion.
S. Right to life and the administration of justice
604. The Special Rapporteur continued to pay attention to the protection of
human rights in the administration of justice, particularly in judicial
proceedings leading to the imposition of the death penalty. The Special
Rapporteur has given special attention to whether the requisite standards laid
down under the accepted international norms were in fact adhered to in cases
where the death penalty could be imposed. In this connection, he has
continued to appeal to Governments to ensure that rights and guarantees of due
process of law are respected in these proceedings. The Special Rapporteur
appeals to Governments to promulgate, where necessary, legislation in respect
of criminal procedures that is in conformity with the safeguards and
guarantees embodied in the pertinent international instruments. Furthermore,
he urges the Governments to ensure that such provisions are enforced in
practice.
605. The Special Rapporteur is particularly concerned about the increase in
allegations of extrajudicial, summary or arbitrary killings and death threats
to persons involved in the administration of justice. In this context, he
sent communications to the following Governments: Argentina, Brazil,
Colombia, Guatemala, Liberia, Mexico, Nigeria, Pakistan, Paraguay, Peru and
Turkey.
606. The Special Rapporteur wishes to call upon Governments to ensure that
adequate protection is given to persons involved in the administration of
justice, in order to facilitate the exercise of their functions without being
subjected to harassment, threats or to extrajudicial, summary or arbitrary
executions.
6. Violations of the right to life of persons belonging to national
or ethnic, religious and linguistic minorities
607. During 1995, the Special Rapporteur sent a number of cases in which it
was alleged that the victims belonged to national, ethnic, religious or
linguistic minorities. Communications were sent on behalf of, among others,
the Roma community in Bulgaria, Tibetans in China, people of Kurdish ethnic
origin and indigenous communities in Chiapas, Mexico.
7. Violations of the right to life of staff members of the
United Nations and of the specialized agencies
608. The Special Rapporteur noted that there was an escalation of violence
against international humanitarian workers, which included killings and death
threats against United Nations officials and members of non-governmental
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organizations. He was informed that death threats were sent to the UNHCR
representative and the commander in Muyinga province, Burundi, of the Observer
Mission of the OAU. Furthermore, threats against the Special Representative
of the Secretary-General in Burundi had been published in several local
newspapers. The Special Rapporteur is deeply concerned about the killings of
international humanitarian workers and encourages the authorities to carry out
independent and immediate investigations so that perpetrators may be brought
to justice. He reiterates that the Governments concerned have an obligation
to ensure the safety and security of humanitarian workers, as stipulated in
the 1994 Convention on the Safety of United Nations and Associated Personnel.
He deplores the large number of deaths of United Nations peace-keepers which
have occurred in 1995, mostly connected with the armed conflict in the former
Yugoslavia.
8. Violation of the right to life and terrorism
609. The Special Rapporteur acknowledges the problem of violence caused by
armed opposition groups resorting to terrorism which has lead to killings of
members of the armed forces and numerous civilians. Algeria, Colombia, Egypt,
France, Israel, India, Pakistan, Sri Lanka, the Sudan and Turkey are cases in
point. While the Special Rapporteur is particularly conscious of the grave
difficulties faced by concerned Governments in controlling violent actions by
terrorist groups, he noted that in many cases security forces resort to
excessive and arbitrary use of force to counteract terrorist actions. While
recognizing the need for Governments to take action to combat terrorism, the
Special Rapporteur takes a serious view of the fact that innocent civilians
have been killed unnecessarily, as the right to life is absolute and must not
be derogated from, even under the most difficult circumstances. Governments
must respect the right to life of all persons, including members of armed
groups and even when they demonstrate total disregard for the lives of others.
The Special Rapporteur wishes to remind Governments that request him to take
action on killings committed by terrorists that they do not fall within the
purview of his mandate, unless the perpetrators are in one way or another
linked to a State.
610. He urges all Governments facing this problem to ensure that
counterinsurgency operations are conducted in such a way that the loss of life
is minimal. Governments facing this problem must fully respect the right to
life in accordance with the restrictions on the use of force and firearms set
forth in the pertinent international legal instruments.
9. The right to life and civil defence forces
611. During the period under review, the Special Rapporteur continued to
receive reports of violations of the right to life committed by civil defence
forces either in cooperation with security forces or with their acquiescence.
Reports received in 1995 confirm that civil defence forces tend to be
integrated into the Government's counterinsurgency strategy and that their
members continue to enjoy virtual impunity. Reportedly, allegations of
violations of the right to life have been made against the Patrullas de
Autodefensa Campesinas , in Guatemala, the rondas campesinas in Peru, Citizen's
Armed Forces Geographical Units in the Philippines, the Home Guards in
Sri Lanka and counterguerrilla and village guards in Turkey. Victims were
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page 144
mainly peasants who were attacked either because they were suspected to be
members or collaborators of armed insurgents or because they refused to
participate in self-defence groups.
612. Reference is made to the recommendations of the Special Rapporteur in his
previous reports to the Commission on Human Rights. He reiterates that such
groups should be trained to act in conformity with the restrictions on the use
of force and firearms for law enforcement officials. Arms provided for their
use by the military should be registered and their use subjected to strict
control. All abuses should be punished and effective measures taken to
prevent their recurrence. Governments concerned should take steps so that no
one is coerced into participating in civil defence groups. Recommendations
made by the Special Rapporteur do not appear to have been implemented, and may
lead him to urge the Governments concerned to dismantle such groups and ensure
that arms distributed to them are returned to the security forces.
10. Violations of the right to life and land-mines
613. Deaths caused by the planting of mines have been referred to the
Special Rapporteur for action and intervention. In view of the difficulty in
establishing culpability, especially in cases where there is no allegation of
State involvement, the Special Rapporteur would wish to refer this question to
the Commission on Human Rights for consideration. This question is of
particular importance as it is estimated that 100 million mines are believed
to have been laid in 64 countries of the world.
11. Cooperation with the High Commissioner for Human Rights
614. Under paragraph 6 of Commission resolution 1995/73, the Special
Rapporteur drew the attention of the High Commissioner for Human Rights in
regard to the serious situation in Burundi. He suggested that measures should
be undertaken in order to avoid further eruption of violence leading to
violations of the right to life of civilians. The Special Rapporteur also had
consultations with the High Commissioner regarding his visit to Indonesia and
Colombia and discussed with him the situation in Nigeria.
12. Prevention
615. Globally, extrajudicial, summary or arbitrary executions have not ceased
and there are no indications of any decrease. The Special Rapporteur is
appalled that violations of the right to life have become routine in certain
countries. In this context, he is compelled to emphasize that violations of
the right to life can only come to an end if States show a genuine will to
recognize the need to enact the necessary safeguards and guarantees in order
to protect the right to life of its citizens. Despite declarations of
commitment made by some Governments to protect the right to life, there is no
evidence of implementation in practice. Prevention is the only available
course if Governments wish to avoid irreparable loss of lives. He reiterates
the need for Governments to take preventive steps in order to avoid violations
of the right to life and wishes to emphasize that the cost of prevention is
relatively small when compared with the enormous amount of resources needed to
put an end to violations and human suffering once conflicts have started. In
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this connection, he urges Governments to seek peaceful solutions at the
earliest possible stage, to avoid potential conflict situations and to refrain
from fomenting or condoning ethnic violence.
616. The Special Rapporteur considers that legal actions brought against
perpetrators of violations of human rights will greatly reduce the incidence
of such violations. Impunity is the key to the continuation of human rights
violations. The Special Rapporteur urges Governments to investigate all
instances of alleged violations of the right to life, to prosecute and punish
the perpetrators and to grant adequate compensation to the victims or their
families.
617. He calls on the Commission on Human Rights to intensify its efforts to
establish an early-warning mechanism that could be activated when signs of a
crisis become imminent. It is necessary to learn to recognize signs of
incipient conflict situations that may degenerate into humanitarian and human
rights crises with severe consequences. The Special Rapporteur is concerned
that little interest is shown by the Commission in reports presented by
special rapporteurs, representatives, independent experts and working groups.
Consequently, the impact that these procedures could have with regard to early
warning and prevention of human rights violations is lost.
618. He appeals to the international community to continue to reinforce its
efforts to curb the phenomenon of extrajudicial, summary or arbitrary
executions by putting into practice the international standards which already
exist and take action when shortcomings are identified. He reiterates his
readiness to provide full collaboration and assistance in this cause of common
concern.
15. World Conference on Human Rights
619. The Special Rapporteur wishes to emphasize that, contrary to the
announcements made at the World Conference, the resources of the Secretariat
have not been strengthened. He believes that his mandate would need to be
serviced by at least three full-time Professionals and a full-time secretary.
In view of the constraints imposed on special rapporteurs in respect of visits
to Geneva for consultations, owing to both a lack of resources and the onerous
schedules of the special rapporteurs in the context of their professional
responsibilities, it is suggested that provision be made for every special
rapporteur to have access to electronic mail.
