UNITED NATIONS
ECONOMIC
AND
SOCIAL COUNC!L
Distr.
GE1 TaPSL
E/CL4/1935/16
31 January 1983
Origina1 ENGLISH
COMMISSION ON HUMAN RIGHTS
Thirty—ninth session
31 January — 11 March 1983
Item 12 of the agenda
SUT1MARY OR AraITr 1 Jay EXECUTIONS
. Retort by the .Ratpoa'i eur . Hr . 8: Amos Wako ,
aDDoln;ed DursUarit to resolution 1982/35 of 7 Hay 1982
of the Economic and Social Council
GE ,E3540680
E/CN.4/1983/16
page ii
. CONTE IF T S
BACICGROUi L .
REQUEST FOR INFO1OEIA.TION ..
fl POEMkTI0N I4ATERIALS pE fl fl .
INT 1TkTI0NAL LEGAL STAflDARBS
A. OEe right to life and standards of judicial
execution .
B. Killings in connection with law enforcement
C. Killings in war, anied. conflict and states of
emergency .
D. The principle of non- iscrinination and crimes
againathumanity .... . .
V. NATIONAL LEGISLkTIONS
VI. BASIC CONCEPTS .. ..
A. Sunzmaz r or nbitrary executions as they relate
to judicial or other proceedings
B. Summary or arbitrary executions in States of
war, armed conflicts, emergency
C. Summary or arbitrary executic:is as they relate
to killings in connection with law enforcement ...
D. Summarj or arbitrary executions as they relate
to those in detention or custody
E. Scope .
VII. SURVEY AND ANALYSIS OF JIFORFIA2ION RECEIVE) BY TIlE
SPECIAL
, ,- .4- 4- C,
a. r 5 uCT12o
B. Targets
C. Al eget ona n regard to ztecnic countries
VIII. CONCL USIONS
nr r',, nnti- rr 'n fl-rr/'Tct
LA . xIIjuujirt 3 tujn.Lj._iFj...
I.
II.
III.
IV.
Paragra ubs :
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68
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E/C 1T,4/1983/1G
rate iii
C01flENTS ( continued )
I . Economic an& Social Council resolution 1982/35
II . Note verbale dated 17 September 1982
III . Note verhale dated 19 November 1982
IV. Note varbale dated 7 January 1963
V. Note verbele dated 14 Ja nuary 1933 .
VT. Note verbale dr t d 21 January 1933 te the Government of South Lfrica
VII . Letter dated 21 January 1985 to the President of the Council for Namibia
VIII , Letter dated 21 January 1985 to the Commissioner for ITamibi a
D C. Communications fro a Governments;
Responses to notes verbeles of 19 November 1982, 7 and 14 JanuaIT 1983
X. Letter dated 14 January 1963 from the Permanent Representative of Guatem3la
to the Special Ra pcrteur ,
XI. Letter dated 25 January 1965 from the Special Repporteur to the
Government of Guatemala
E/C1 .4/J9 7/16
p 5 5 6
I. BJLCKGRCLTND
1. For a number of ‘rears the suh5eot of summary or arbitrazDr execution 5 hoc been
discussed in the United Ntitions b'2.t /:ithiii'. the framework of a wider disci ' ' Ofl
human rights. Mandates of Speci l flopporteurs ppointed to deal ‘with sP 00 ' ' 1 - 0
countries have had to deal with ‘this subject' within the context of the htl.flCtl rtgh S
situation in a particular country. The Sub—Commission on Prevent cn of D1scrim na u Ofl
and Protection of Minorities has for a loiw time reported on this subject under u DC
item ItDiSePpeCrances 5j rn r OE:ecuticnslf. A study of the reports
over the years shows increasng report! o it stances of sunrwr y executicI' the
Commission on Human Rights re-solution 20 (JGCVI), adopted on 29 Februa 1980,
established a working grc up to examine questions relevant to arSorced or invoinfluary
disappearances of persons. Beginninu. with the same year, other d velopL 5 wh ch
showed the international community's extreme ccncern at the growins :aheflbm a 0 .
summary or arbitrary executions took place. They are
2. The General Assembly a't its thirty—fifth session adopted, on .15 DGCember 1980,
its resolution 35/172 entitled “Arbitrary or Summary Executions”, oe that resolubion
the General Assembly. darned at the incidence in different parts of the world of
summary executions as well as of arbitrary executions, and also concerne 8 by he
occurrence of executions which ‘are widoly recarded as being politically o'rate
requested the Secretary—General to use his best end eavou s in cases wher 8 0 he minimum
standard of legal safeguards appeared. not to be respected and also to 355 1c tram
member States, specialized ag nci s, regional intergovernmen'tal organisa 0 aim
. concerned non—governmental organizations in consultative status ‘with the co onc and
Social Council views and. observations concerning the problem of arbitrarY executions
anc summary executions.
3. The Sicth United Nations Congress on the Prevention of Crime and ti Treatment of
Offenders (Caracas, 25 k gust to 5 September 1981) adopted a resolution entit .e-d .
“ ctra—legal executions”. L” The resolution “deplores ‘and ccndemns” a 2 5 affirms as
a particularly abhorrent crime the practice of killiur and executing p 0 l1 iO3l
opponents or suspected offenders carried out by aimed forces, law erSoro6 ent or other
governmental agencies or by paramilitary or political groups acting with the tacit
or other support of such forces or agencies. It also called upon aft aove '1n1en s to
) take effective measures to prevent such acts.
4. The Sub—Commission on Prevention of Discrimination and. Protection o Hinor t es
at its thirty—fourth cession adopted, without a vote, on 3 September 1961? its ,
resolution 1 (xnav) in whi- h the Sub—Coxrninion, concerned over inso, wt1on contained
in documents submitted to it about the scale of executions in various 20 rts or ne
world, pariicwlsrly of political opponents and imprisoned and detained. V 'son5, and ,
also over the summary execution of rerscns who are subsequently frequentlY reported to
have “disappeared”, decided to draw th attention of the Commission on R gnts to
the increasing scale of politically otiveted executions. The Suh—Conun ' 5 52 ' 0 11 aiso
recommended to the Commission to recu est the Economic and Social Council to call upon
Governments to abolish capital punishment for political offences.
j A/co1 4 a7/L.n, 5 September 1900.
E/CN.4/19t33/16
page 2
6. The General Assembly at it 5 thirty—sinth session adopted, on 9 ITovemb r 1981, ts
resolution 3b/22 entitled “Arbitrary or Sunutary Executions”. In that resolution the
General Assembly condomned the practice of summary executions end arbitrary
executions, strongly derlored the increasinn number of summary executions as well as
the continued incidence of arbitrary executions in different parts of the world ; and
noted with concern the occurrence of executions that were u dewy regarded as being
politically motivated. The Assembly also urged all the States concerned to respect
the minimum standard of legal sofe uards referred to in General Assembly
resolution 35/172; recuested the Secretan—Ceneral to use his best endeavours in cases
where this minimum standard of legal safesvL:rds appears not to be respected invited
member States, specialized agendas, regional intergovernmental organizations and
relevant non—governmental organizations in consultative status with the Economic and
Social Council to answer the S cretei7—General l a request for their news and
observations concerning the problem of arbitrary executions and summary executions;
and requested the Committee on Crime Preventi-n and Control to examine the problem of
arbitrary executions and summary executions at its seventh session with a view to
making recommendations. .
6 The Commission on Human Rights, by its resolution 1982/29 adopted at the
59th meeting on 11 March 1982, recommended. that the Economic and Social Council should
request the Chairman of the Commission to appoint an individual of recognized
international standing as Special Rapporteur to submit a comprehensive report to the
Conmiission at its thirty—ninth session on the occurrence and &ctent of the practice
of summary or arbitrary executions, together with his conclusions and r commendstions.
This resoruti-on was subsequently adopted at the Economic and Social Coundil as
resolution 1982/3 (see t' 1 nex I).
7. The Chairman of the Commission, after consultations within the Bureau, appointed
Mr. S . Amos Wako as Sprclai. Rapporteur by ietter dated 4 August 1932 from the Centre
for Human Rights to ‘ffl. Wako.
8. The Special Rapporteur visited the Centre for Human Rights United. Nations Office
at Geneva from 6 to S and 13 September 1982 for ccnsultations. The -
Special Ra-oporteur also visited CoDenhaoen on 9 and 10 September 1982 for
consultations with the Government of Denmark at that reouest. The
--‘ Special Rapporteur again viIIited Geneva from 7 to 19 January and from 23 to
25 January 1983 to finalize the report-. -
E/C1T. $/lr8S/16
II. REQUESTS FOR INPORMTION
9. In accoraance with ECOSOCr3solwtionl9E2/35, requests for infonation were sent
to all governments as well as specialized agencies, intergovert inental organizations in
consultative status jjt i the Economic and Social Council by a note verbale dated
17 September 1982 (see Annex Ii).
10. (i) Replies were received fro u the following Governments: Argentina, Australia,
Austria, Colombia, Cyt s, Ber.marlc, Djibouti, Ecuador, Ethiopia, Federal
Republic of Germany, France, India, Iraq, JaDan , Liberia, Luxembourg, Morocco,
Norway. Pakistan, Peru, Qatar, Seychelles, Spain, Sri Lanka, Sweden,
Thailand, United Kin zdcm of Great Britain and Northern Ireland, Zimbabwe.
(ii) Replies were also received from: Holy See and the Republic of Korea.
) (iii) Replies were also received from the following international organizations:
Food and Aariculture Organization; International Bank of Reconstruction and
Devalonment; Intc-rnational Labour Organisation; International Maritime
Organization; International Monetary OEand; World Health -ganization;
World. Intellectual Property Organization; United Nations Educational,
Scientific and Cultural Orasnizetion.
(iv) Replies uere also received from the following non—governmental organizations
in consultative status with ECOSOC: Amnesty international; International
Commission of Jurists International Committee against Ariartheid. , Racism and.
Colonialicm in Southern Africa; International Committee of the Red Cross;
International Cr' anization of Journalists; International Police Association;
International Union of Lawyers; Inter —Parliamentary Union; World Council
of Churches.
11. All t'Lonpat on received ‘}-ic' rafarred to snecif o countries as transs tted to
those countries. By a note verbale dated 19 November 1982 (see Annex III), the
information so received. was transmitted to the following ooimtries for their ooumients:
sfghsnistan, Angola, Argentina, Bolivia, Brazil, Chad, Chile, Colombia, El Salvador,
Eth opie, Guatemals. Cu_n' a, Eonoura , Incas, Indonesta, Iran, Inca, Lesov'o, Libyan
Arab Jamahiriya, Mali, Paraguay, Philippines, Syria OEafrand, Turkey, Uganda, Zaire.
12. Replies i,Jere received from the following Governments (see Annex I x): Colombia,
El Salvador, Ethiopia , Guatemala, Honiuras, India, Iran, Mali, Syria, Turkey.
13. A. further note verbal's (Annex iv) was sent on 7 January 1985 to the Governments
referred t 0 in rare. 11 above who had not replied to the note verbale of
19 November 1982. By tois note; these Governments were infoneo. that the
Special Rapporteur would. be available to c et their representatives in connection with
mis mandata, if they so wirshed, at the United Nations Office at Geneva from 11 to
17 January 1983.
14. As a resu:Lt of further information received after the arrival of the
Special Rapporteur in Geneva ( ‘ Janua r y 1985) a further note verhale dated
14 January 1983 (Annex v) was sent to the followinp governments w tI) the information
received for their cc,r 'ients: Bansiadesh, Burundi, Central African Republic,
Democratic Mompuchea. Korea, Republic of, Lebanon, I Ia1aysia, ?eozamblque, Pakistan,
Surjname.
E/C IT.4/1983/16
pc1 e 4
15. reply was received frou the Re-public of Korea on 24 Jonuai r 1983.
16. Cn 21 January 1953 a verbale p rent to the Goverranenc of South Africa,
and letters were sent tO the Chairmancf the Council i cr Naniihio and to the
Commissioner for Naniicis 1ith inforcia tion received, includin j infornetion contoined, in
the report cf the Ad Foe Working Group of &parts on Southern Africa of the
commlssion on Human Ridhts, uh ch was acopt by the Workins Group upon the conclusion
of its meetings on 14 January 1933.
17.. Paine his stay at Geneva the Special Rapportei;r receired the repr&sentotivoa of
Colombie, Ethiopia, Guate mala, Iran ond the Reubiic of Korea.
15 The Special Rapporteur t,ould like to thank all the Governments, ogofrejes and
jfl_gQTrer 2 fl 3 ordani:3 b on ,no repi od to tnc nc vero 0 le dc 1 cc 17 Septeoter l r
. ee paregrapn 10 noreof). The Special Rappor&eur wishes to esroezaily thank those
Governments who replied to the allenotions of summary or arbitrary e :ecutions made in
regard to situations in their countries whos e representatives saw him whon he lass in
Geneva in Januar,r 1965 (see parasrapha 13 mad 17 hereof). The Special Reprorteur
would like to acicnouledge that those Governwents who received the notes verbales
dated 14 January 1985 and 21 January 1983 may not have had time to reply, nil/en the
limited time available (see parograths 14 end 16 hereof).
E/GN .4/1983/16
rage 5
III. OEPORNATION M T L&1E CEI
19. The materials which contain information concerning stecific allegations on
summary or arbitrary executions were submitted niostly by non—governmental
organizatiotis. Some Governments responded with explanations on their own penal
systems and/or procedures which are arranged for safeguarding against summary or
arbitrary executions.
20. The materials are of two kinds. One is those which contain general information
on the subject matter and related areas and the other is those which contain
allegations of summary or arbitrary executions occurring it svecific countries.
21. The materials of the latter kind could be classified as follows:
(i) Those with allegations with detailed reference to specific cases of summary
. or arbitrary executions with or without background information on the
situation of the country's legal system, procedures etc.
(ii) Those with allegations of disappearances often resulting in deaths, but
without any means to confirm the government's involvement.
(iii) Those with reports of killings and executions in the situations such as
aimed conflicts, military operations and political upheavals without
detailed descriptions of those killings. .
(iv) Those with alleged violations of human rights in general, with brief
reference to executions by summary procedures often without explanation
on' the size and extebt of the practice.
. (v) Those with sporadic, unconfirmed reports of killings and/or executions
often without any possible investigation. ,
(vi) Those which deny that summary or arbitrary executions do in fact occi r
in a rarticular country. ,
E/CN.4/19 33/16
?
iv. i 1liTIOI t LEGAL STAEDABDS
A. The right to life and standards of judicial execution
22. The “right to life” is gL;en prominence anct is articulated in all tvternational
human rights inatniments. In fact, it is the most important and basic of human
rights. It is the fcuntain from which all human rights spring If it is infringed
the effects are irreversible and therefore international law has laid down stringent
procedural safeguards to ensure that a death nenalty or the taking away of a person's
life is noj done lightly. The following paragranhs indicate briefly the
non—subst3ntive conditions following the normal order of the penal process:
(a) The 1a r providing for capital punishment should not be r troactive:
(articles 6(2) and 15 of the International Convenant on Civil and Political Rights).
This p4ncipie may not be derogated from even in public emergency. (See also
‘article 7( )i'of the African Charter; article 7(1) of the Eurotean canvention.)
(b) Everyon is “entitled to a fair ai d public hearing by a competent,
independent and impartial tribunal established by law” (article 14(1)). (See also
article 7(1) of the African Charter; articles 8(1) and (5)and 25 of the
American Convention and article 6( 1) of the European Convention.) .
(.c At c 'iminal trials,: everyone has the right to be pfesumed innocent until
proved. ui1ty according to law (article l4(?)). (See also article 7(lHb) of the
African Charter; article 5(2) of the American Convention; and article 6(2) of the
European Convention.) . . . . . .
‘(a.) Articld 1 , paragraph 5. goes on to set forth in some detail “minimum
guarantees” in the penal process, including the rights to be fully informed of
charges,, to have, adecuate time and facilities for the preparation of one s defence,
and to obtain legal assistance, to examine or have e mined the' witnesses against
him and to obtain the attendance and examination of witnesses on his behalf, not to
be compelled to testify. against himself or to. confess guilt. (See also artible 7(1
of th African Charter; article 8(2) of the American Convention.; and articles 5(2
and 6(3) of the European Convention.)
(e) Special rules protective of juveniles should be provided for at trial
(article 14(4)). (See also article 19 of the American Convention.)
(f) The right of appeal before a higher Court, on conviction and sentence, is
guaranteed to everyone (article 14(5)). (See also article 8(2)(h) of the
‘ American Convention.) It is not expressly restated in article 6 regarding capital
‘ punishment, although the term “final judgement” may imply the requirement of appeal.
General Assembly resolution 35/172 of 15 December 1950 urged Member States to
: envisage making appeals procedures automatic in capital cases and not to carry out
executions before exhaustion of all recourses.
(g) The right to seek pardon or commutation of sentence is recognized, and
there shall he no bar to the State prerogative to grant amnesty, pardon or
commutation of sentences in all cases (article 6(4)). (See also article 4(9) of
the American Convention.)
E/CN .4/1985/16
rage 7
(h) The death penalty shall not be imposed for crimes - committed by persons
below 13 years of age nor carried cut on regnant women (article 6(5)).
(The American Convention also makes a similar Drovision- but in addition states that
capital punishment shall not be imposed on a person over 70 years of age
(article 4(5 ).) ,
(i) Further clauses, in articles 14(6) and (7), provi t for compensation in •
case of miscarriage of justice and g uarantee protection against double jeopardy.
23. Throughout the process leading to capital punishment and in all aspects thereof,
the prohibition of torture and other cntel, inhuman or degrading treatment or
punishment .ppUes (article 7, United Nations Declaration against Torture, Standard
Ninimum Rules and othe instruments; article 7 of the International Covenant on
Civil and Political Rights). .
B. Killings in connection with law enforcement . - . . - .
24. Apart from capital wnishment which can be legally imposed under conditions.
outlined in the foregoing paragraphs killings committed in connection with - -
enforcement of law is acceptable in -international law under certain stringent
conditions. ,
25. The Code of Conduct for Law Enforcement Officials was adopted by the -
United Nations Gen ral .AssSbly in 1979. Article 3 of the Code states:
“Law enforcement officials may use force only when strictly necessa ly ,
and to the extent required for the performance of their duty.”
26. The commentary to article 5, which the United Nations Committee drawing up
th Code called “an integral part of the code”, specifies that: .
“In no case should this provision be interpreted to authorize the use of force
which is disproportionate to. the legitimate objective to be achieved.”
OEe commertar3r further stat s that: ‘
“in general, firearms should no t be sed except when a suspected offender ‘
offers armed resistance or otherwise jeopardizes the lives of others and -
less extreme measures are not sufficient to restrain or apprehend the
suspected offender.”
27. Article 2(2) pf the European , Convention uses the following formulation:
tt De'privation of life shall not be regarded as inflicted in contravention of
‘ this article when it results from the use of force which is no more than
absolutely necessary:
(a) in defence of any person from unlawful vio1ence
(b) in order to effect a lawful arrest or to prevent the escape of a
person lawfully detained; -
Ce) in action lawfully taken for the pur'nose of quelling a riot -
or insurredtion.”' .
E/CIT.4/l9Q 5/l5
ra Re S
25. A draft Body of Principles for the Protection of All Persons under Any Form
of Detention or Imprisonment is being considered by the United Nations General Assembly
at the committee level. Although i does not address directly the question when
a prison officer might he justified in using force against a prisoner (other than to
prohibit outright in Principle 5 the use of “torture or other cruel, inhuman or
degrading treatment or punis1 ment1I), it does provide in Principle 30, a remedy for
the use of unjutified force leading to death:
“Whenever the death or disappearance of a detained or imprisoned person occurs
during or shortly after the termination of his detention or imprisonment, an
inquiry into the cause of death or disappearance shall beheld by a judicial
or other authority, either of its own motion or at the instance of a member
of the family of such a person or any citizen who has a reliable Imowledge
of the case.”
C. Killings in war, armed conflicts and-states of emergency - .
29. j person cannot be arbitrarily deprived of his or her life in a situation of
public emergency. By virtue of article 4(2) of the International Covenant,
derogatidn from article 6 which provides for “right to life” is not permitted in
times of public emergency.
30. Other regional conventions on human rights have substantially similar
provisions. For example, article 15 of the European Convention provides: .
“(i) In time of war or other public emergency threatening the life of the
nation any High Contracting Party may take measures derogating from its
obligation under this Convention to the extent strictly required by the
exigencies of the situation ptovided that such measures are not inconsistent
with its other dbligations under international law.
(2) No derogation from article 2 (which provides for'right to life')
except in respect of d aths resulting from lawful acts of war, or from
articles 3, 4 (paragraph 1) and 7 shall be made under this provision.”
31. Article 27(1) of the American Convention has similar wording as article 15(1)
of the European Convention and its paragraph (2) also provides that article 4 which
provides for “right to life” is not suspended during the time of war or other public
emergency threatening the life of the nation. -
32. Under the African Charter there is no express clause by virtue of which no
derogatioi is allowed in respect of the inviolability of human beings and the right
to have their life respected. However, in view of the fact that in the African
Charter where derogation is permitted it is exnressly so stated in the article whith
asserts the right, there are strong arguments in favour of the internretation that
even in the African Charter, no derogation to this right is permitted since such
derogation is not exuressly stated in article 4.
33. The Geneva Conventions of 12 August 1949 are also relevant. Each of the four
conventions deal with a particular group of “protected persons”; the wounded and
sick in armed forces in the field (Convention i) the wounded and sick and.
shipwrecked members of armed forces at sea (Convention I i) ; prispners of war
(Conventioji III) and civilians in time of war (Convention iv). These four
onventtons (ac3 oetpiesneziteu by Aa.aitional Protocols I and II in 1977) trescnbe as
minimum standards procedural safeguards which must be adhered to in death penalty
cases in times of war or armed conflict, including specific provisions for armed
conflicts which are not international.
r
E/f2T .4/1933/15
. ‘ P 5 2 5
34. Each of the Geneva Conventions clearly prohibits murder and other acts of
violence against protected persons. OEey exnlicitly provide that “wilful killings”
are to be considered ugoeve breaches” of the Geneva Conventions, that is, war
crimes subject to universality of jurisdiction.
35. Artj.c-le 3 which is common to all Geneva Conventions prohibits “at any time and-
in any place whatsoever . .. violence to life and person, in particular nmrder of all
kinds” of people “taking no active part in the hostilities” in armed conflict which
is not international in- character. In respect of people who do not take a direct
part or who have ceased tb take art in hostiliti ECduring' dn aIIed c6nfli& ” rhich
is not international, art! ole 4 of the Additional Protocol II prohibits violence
to life “at any time and in any place whatsoever'. Article 75 of the Additional
Protocol I prohibits “violence to ... life ... in particular .. . murder” against
all.peoole (whether or not they are protected persons) who are in the power of one
) of the sides in an international armed conflict. - .
36-. Common article 3 of the Geneva Conventions of 1949 also specifically prohibits
the passing of sentencec and the carryinz out of executions without previous judgement
pronounced by a regularly constituted court affording all the judicial guarantees .
which are recognized as indisPensable by civilized peoples. Article 6 of
Additional Protocol II states that a conviction must be pronounced by a court
offering the essential guarantees of independence and inmartiality and proceeds
to enumerate some of the procedural am suostantive guarantees amongst wxflcn are:
no one shall be convicted: of an offence except on the basis of individual penal
responsibility; nresumntion of innocence until proved guilty according to law; .
the right for the accused to be tried in his presence; the death penalty shall.,not
be pronounced on persons who ‘were under the age of 18 years at the time of
the offence and shall not be carried out on pregnant women or mothers of young
children; prohibits retroactive legislation. Article 54 also provides for
independence and impartiality of courts trying prisoners of war and article 105
provides for the rights and means of defence. :
37. The main purnose of the Protocols and in particular Additional Protocol II
, ) was to provide, for civilians better protection agains.t the effects of hostilities.
Among th numerous provisions adopted are that “the civilian ropulation as such,
as :ell as individual civilians shall not be the object of attack” and, especially,
that “Acts or threats of violence the urimary purpose of which is to spread tenor
among tue civilian population are prohibited (article 51, aragraph 2 of Additional
Protocol 1 and article 13, paxa anh 2 of Additional Protocol i I) there is also
the prohibition “to order that there shall he ho survivors, to threaten an adversary
therewith or to conduct hostilities on this basis” (article 40 of Additional
Protocol i). ‘ - -
38. Additional Protocol II, article 1 para aph 2 reads: .
“This Protocol shall not a-only to si uationa of internal dis rbances and.
tensions, sucs as riots, isolated am sporaaic acts of violence and otner
acts of a similar nature, as not being armed conflicts.”
39. This constitutes the major wealciess of the Geneva Conventions and the Protocol'
in that situations of “internal disturbances” and ‘internal tension” are not covered.
The “internal disturbance' could be described as a “situation in which there is no
flon— nternational armed conflict as such. but tnere exists a confrontation witn.in
the country which is characterized by a certain seriousness or duration and which
involves acts of violence”, which can assume all forms from “the spontaneous
E/CN.4/1965/ 16
page l(
generation of acts of revolt to the stnggle between more or less organized groups
and authorities in power”. The “internal tension' can be defined as the situation
where force is emtloyed as a preventive measure to maintain respect for law ahd
order. They are situations of serious tension of political, religious, racial,
social or economic nature or are sequels to armed conflicts or internal diSturbances •
It may very well he that the principles which guide the Geneva Conventions could
in appropriate cas s by analo r be applied to situations of internal diso ders or
internal tensions. ‘-
D. The princinle of non—discrimination and crimes against humanity .
40. The principle of non—discrimination also plays a role in the international
protection of man from summary or arbitrary execution. The Universal Declaration
of Human Rights (article 2) as well as the International Covenant on Civil and
Political Rights (articles 2(1) and (3)) contain non—limitative clauses prohibiting
) discrimination “of any kind such as race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth or other status” in
respect of all the rights recognized in those instruments, including the right to
life. Even in time of ublic emergency, as st ted in article 4, paragraph I, of the
Covenant, States derogating from their obligations have, nevertheless, no right
to take Sasures involving discrimination solely on the ground of race, colour,
sex, language, religion or social origin.
41. OEe Declaration and the Convention on the Elimination of All Forms of Racial
Discrimination imposes, inter alia , the obligation to e liminate racial discrimination
in the enjoyment of all human rights, notably the right to security of the person
and protection against violence or bodily harm (article 7 Declaration, and article 5
Convention).
42. International law further includes special norms concerning the gravest forms
of discrimination, namely mass murders, against whole groups of persons. OEe
Convention on the Prevention and Punishment of the Crime of Genocide of 19 B
confirms that it is a crime under international law to commit certain acts with
“int nt to ‘destroy in whole or in part a national, ethnical, racial or religioim
. . group, as such”, in particular “(a) killing members of the group;” and
“(h) causing serious bodily or mental ha m to members of the grouo”, (article 2).
43. It should he recalled that genocide had already been declared a crime under
international law by the General Assembly in resolution 96 (I) of 11 December 1946,
before the adoption of the Convention. The International Court of Justice, in its
Advisor 1 Opinion of 28 May 1951, stated that the principles of the Genocid
Convention “are recognized by civilized nations as binding on States, even without
any conventional obligations”. i/
44. The Genocide Convention was considered so important by the authors of the
Covenant that it was twice referred to in article 6. Paragraph 2 requires that
the laws on capital punishment should not be contrary to the Genocide Convention.
i/ Advisory Opinion on Reservations to the Convention on the Preventiop and
Punishment of the Crime of Genocide, International Court of Justice, Reports of
Judgements, Advisory Opinions and Orders, 1951, p. 23.
r
E/CN.4/ 19 33/ 16
nage 11
paragraph 3 provides that nothing in this artic:Le “shall authorize any State Party
to the present, Cqvtant to derogate in any way from any obligation assumed under
the provisions of the Convention on the Preventi on and Punishment of the Crime of
Genocide” . - - - . .
4 . The Int rnational Convention on the Suppression and Punishment of the Crime
of koartheid of 1973 deems it to be a crime against humanity, constituting a threat
to international peace and security, to commit certain acts “for the vur'pose of
establishing a-nd maintaining domination -by one racial group of persons over any
other IIcial group of. persons and systematically oppressin g them”. Such acts
include,.inter alia , “(a) denial to a member or memb&s of a racial group or groups
of the.ri t to life and. liberty of person: (i) by murder of -members of a racial
group or groups,” (article 2). , ,
46. In addition, numerous resolutions of -the General Assembly, for instance
- ---‘ resolution 2394 (nI h), j/ have, strongly condemned the use of capital punishment
or other executions on racial grounds or directed against the opponents of racist
regimes. -- -
47. There have been attempts to extend- the category of “crimes under international
law” althou they have not been successful.. A draft Code of Offences against
Peace and Security of- Mankind was produced. in. 1951, commented upon by governments
and a revised version released in 1954. Article 2(11) refers to “inhuman acts such
as murder, extermination, enslavement, deportation or persecutions, committed
against any civilian -population on social, political, racial, religious or cultural
grounds by the authorities of a State or by private individuals acting at the
instigation or with the toleration of such authorities”. j/ This' would appear to
cover summary or arbitrary executions. : -
- - -
j/ Adopted on 26 November 1965, G.A.O.R. Twenty—third session,
Supplement No. 18 (A/7218), p. 42.
j/ “Report of the International Law Commission covering the work of its
Sixth session” (A/2695), para. 54, in Yearbook of the International Law Commission,
l9 4, Vol. II .
/ON.4/1985/l6
page 12
V. NATIONP.L LEGISLATION
48 By studying the infbrmaticn made available the Special Rapporteur finds that a
large number of count ies have law and regulations concerning the death penalty,
court procedures and conduct of law enforcement agencies in accordance with the
existing international standard, as are discussed in the preceding chapter.
Safeguards to guarantee the rights of the suspected and the accused are more or less
provided, for in these legal instruments.
49. In some countries capital punishment is totally abolished. In some other
countries it is strictly litiiited to a few more serious crimes such as high treason
during the time of . iar ahd piracy with violence. In some countries capital
punishment is specifically prohibited for political offences or related common crimes.
However, in- some countries the death penalty covers a wider area and includes for
example economic crimes and sexual offences. . .
5O. In a considerable number- of countries the death penalty is imposed for security
related crimes. - In many cases special courts, e.g. military tribunals,
revolutionary courts, and special procedures for investigation and trial are established
for this category of crime.
51. The practice of law enfdrcement agencies varies according to countries. in
number of countries the conduct of law enforcement officers isstrictly regulated
by law and there are administrative procedures for disciplinihg those who have
abused their power. In some countries the abuse of law enforcement officials, .
especially the use of firearms, is not effectively checked even though the control.
machinery is envisaged in respective laws.
52. In many countries laws providing for safeguards which guarantee rights of the
suspected and the accused exist. In sc2e of these countries, these laws are
deficient and do not conform to international standards.
E/C1 T .4/1983/16
page 13
VI. BASIC CONCEPTS
A. Summary or arbitrary executions as they relate to judicial or other proceedings
53. ECOSOC Resolution 1982/35 which gives the Special R pobrt ur his mandate contains
no definition of what atnounts to “summary” or t lai.bitraryll: IIcution. There is
reference in the Preambl of the resolution to”extra—legal” executions as if they
could form a category of their own distinct from ‘summaty” or ‘arbitrary” executions.
Although, as we have seen, there are a number 6f intei atioaal cdvenants and
conventions which are relevant to the study, in none of them is “summarY IT or “arbitrary”
executions defined.
4. The International Covenant, the American Convention on Human Rights, the
‘r ican Charter on Human and Peoples Rights each specify that no individual shall
,a “arbitrarily' deprived of h.is or her life. The cahcept of “arbitrariness” must
have regard to. the standards and guarantees laid dowd in Articles 6, 14, and 15
of the International Covenantbn Civil and Politibal Bights. It is pertinent to
note that the General Assembl resolutions 35/172 and 36/22 on Arbitrary and
Summary Executions urges MemberStates to respect as minimum standard the content of
the said provisions. -In debateson other arti.cleII innother snternatjonai human .
rights instruments where the word “arbitrary” was used, it was stressed by. several
participants that in their view executions though in accord with domestic law should
be condemned as “unjust” and contrary to the CovehIInt if they disregarded: the .
international provisions. .
55. Where a government has imposed a death penalty but failed to comply with
procedural safeguards prescribed in international law, itLhas violated international
law and has illegally deprived a person of his life. The deprivation of life in such
circumstances can be called extra—legal execution. However, is itin all cases
that such execution can be termed “arbitrary” or “summary”? If a person is executed
as a result of a procedure which has not followed all the minimum guarantees, is the.
execution summary? If the execution is not summary, what combination of the
breaches of minimum guarantees are necessary for the execution to be rendered summary?
There isa whole range, from cases with only a single pi'oc dural defect to those
where all or nearly all procedural guarantees are non-existent, that the trial could
be said to have been in name only. .4t what st e does the trial become summary?
B. Summary or arbitrary executions in states of war, armed conflicts, emergency
56. Common article 3 of the Geneva Conventions prohibits the passing of sentences and
the carrying out of executions without previous. judganient. prQnounced by a regularly
constituted court, affording all judicial guarantees which are recognized a
indispensable by civilised pecples. Judicial guarantees cannot therefore be
suspended in periods of armed conflict. Such judicial guarantees in times of war
or armed conflict must have reference to Articles 84 and 105 of the Geneva Convention
on Prisoners of War and Article 6 of the Additional Protocol II. .
57. Article 4 (2) of the Covenant which sets out those provisions from which no
derogation is permitted in times of oublic emergency does not include Article 14
which sets out minimum guarantees of procedure amongst those provisions which are
saved. Does this therefore mean that in times of emergency all or some of the
Procedural safeguards do not apply and if so does it not mean that summary execution
is permitted in statas of emergency? This would be a paradoxical result since
judicial guarantees are recognized in more serious conflicts by the Geneva Conventions.
E/cr. 4/1983/15 .
page 14
58. The use of the word “arbitrarily ' in Article 6 (1) of the Covenant which is not
subject to derogation under krticle 4 can be invoked to justify that certain
guarantees not articulated must be regarded as yet essential to protect man from the
arbitrary taking ‘of lire and “of' ‘being worthy of ‘entren& meht even under states -of
emergency. Such guarantees would be similar to a judicial guarantees which are
recognized as indisnensable by civilized peoples ” (common Art.scle 3 of the
Geneva Conventions) In a case involving the killing of an innocent person by the :
police, without any charge or warnin under a state of public emergency, the
Human Rights Committee considered, inter she , that a l wgrahting broad immunity
to tne police in such instance s was aroatrar and in oreach of Article 6 (1) 1 1
59. The term “arbitrarily” in Article 6 (1) of the Covenant coupled with the
provision in Article 6 (2) that the sentence of death may not be imposed
!‘contrary.to the prqvisions of this Covenant , can be interpreted tb mean that the -
rocedural safeguards of Article 14 cannot be derogated from even during public ‘
mergency in the hearing of a casewbere a death penalty can be impbsed. ,
4rticl 6 (2) has the effect os' bringing the procedural guarantees within the
entrenched provisions as it relates to the death penalty; . . . . .
C. ‘ Summary or arbitrary executions as they r 1ate to killings in ‘conn tior with
law enforcement . . . . ., .
60 The carcumstanceo under which killings in connection with law enforcement can be
justified have already been stated in the orededing paragraphs. ‘‘If a law enforcem&nt'!
agent uses greater force tnan is necessary to hie'e a iesata.maEe oboective and
a person is killed that would amount to an “arbitrary” execution. However, it is
sometimes difficult to apply this standard to the facts of the case, such as when
a law enforcement agent can legitiIIateiy deprive ‘a person. o't lIfe in situations ‘of
riot, insurrection, strijes or in o”d:r to effect arrest or prevent escape.
61. .Ajthou h there needs to be more strict guidelines on when a law nforcement agdnt' ‘
can legatimatLly deorive a pe”son ot his life .n the tarlous situations of which the
above are only examples, it is not irnpos ible to detet 4 mirie whether or not ‘a ‘ ‘ ‘ “:
disproportionate amount of force has been used n an; given circumstance. In the
. . csseof Guerrero Vs. Colombia (already qucted) the HuSan Rights Committeg ‘hoted'that ,
the killing of the victiII by the pelice he.d been done without evidence that “the
action of the police was necessary in their own defenae or that of others” or ‘
t that it. was necessary to effect the arrest or prevent the eccape of the persons ,
concern d”. , . .. .:. ‘ t V , . . . ,
D. Summary or arbitrary executions as they ‘relate to those in detention or ‘ ‘
custody , . , . , . , . ‘
62. Where the executions are done after sbm ”proceedings or trial which distor t th “
guarantees set out in II preceding paragraphs or after no proceedihgs ‘,at all, the ‘
execution is Tsummaryu or ‘aroitrary”. If a person dies as'a result of torture or of
crud, inhuman or rjegradirg treatment that' amounts to BaPb'itr4ryt ex cution. “
63. However, some difficult' cases come up. For example where person in detention
or custody dies as a result of deprivetioh, int ntional or otherwise of food, water
and medical treatment, does tbis amount to arbitrary execution? What about Ih the
extreme. case where s person in detention or custody is driven by the conditions in
which he is or by the traatment he gets t9 com'uit suicide; is the Government in those
11 R.1lf45 (?edro Patio Cainargo on behalf of the husband of Mar a Fanny
Suarc-z de Guerrero v. Colombia),. CC PR/CIDRI(DV/R.11145, confidential decision
made public.
__. _..
E/cN.4/1983/ 16
3fe l
circumstances guilty of arbitrary execution? OEe Human Rights committee in a recent
case involving an alleged suicide in prison took the view that the State Party
concerned was responsible ‘either by act or omission” for not taking adequate
measures to protect the life of the victim while in police custody and was therefore
in breach of Article 6 (1) of the Covenant. 1/ . .
E. Scope
64. *13. the resolutions in the United Nations on the subject of “sutry or arbitrary
executions” are directly or indirectly, attributed to governments which engage in this
practice. For example, Resolution 5, on “Extra—Legal Executions 1 ', of toe
SixII United Nations Congress on the Prevention or Crime and the Treatment of Offenders
held in Caracas 1 Venezuela (25 August to 5 September 1980) deplored and condemned:
“the practice of killing and executing of political opponents or suspected offenders
carried out by armed forces, law enforcement or other governmental agencies or by
“. paramilitary or political groups acting with tacit or other support of such forces
jor agencies”. General Assembly resolutign 35/192 urged Governments to “review their
legal rules and practices so as to guarantee the most careful legal procedures ‘and,
the greatest possible safeguards for the accused in capital cases”.
65. The ‘International Covenant, the European Convention, the American Convention each
state that the right to life “shall, be protected by law'. During the debates when
this article, was being formulated the view was expressed that the article does i%pt
only .concern itself with. the protection of the Individual from unwarranted attacks by
the State but that also the State has a duty to protect human life ag itist unwarranted
actions by public authorities as well as by private persons. :‘
66. OEe Special Rapporteur has for the purposes of this report been guided by the
following tentative definitions: . , ,
.. “Sn ry eecution” is the arbitrit'ry deprivation pf life as a result of a
sentence imposed by the means pf .5tTh ry procedure in which the due process of
law and in particular , the minimum procedural guarantees as set out in
Article 14 of the Covenant are either curtailed, distorted or not followed.
— “Arbitrary execution” is the arbitrs.ry deprivation of life as a result of
the killing of persons carried out by the order of a government or witII its
complicity or tolerance or acquiescence without any judicial or legal prScess.'
— “Extra legal execution” refers to killings committed outside the judicial or ‘
legal process, and at the same time, illegal under relevant national and
‘ international laws. Accordingly, in certain circumstances “arbitrary execution”
as defined above can be an “extra legal execution”. ,
67. For the avoidance of doubt, the above types of executions do not include, deaths,
resulting from the use of recsonable force in law enforcement or permitted IIider
relevant national nnd intcrnational legal sttndards, and killings in armed conflict
not fqrbidden under international humanit'trian law. ,
68.' kiOE6U h thCreSlutibhs leading to the mandate of' the present. study limit the
concept of summary or arbitrary executions to acts or omissions ‘attributable to
Governments or government agents, the Special Rappc'rteur considers that further
thought shoul4.. be given. to responsibility of non—governmental group,s for acts or
Ommissions leading to deprivation of life in a manner equivalent to' that resulting'
from”suiiuaa'ry or arb'itrar.y executions. ‘ ‘ .
1/ See the Final Views on Communication R.21/84 (Guillerno Ignacio Dermit Barbato
and Hugo liaroldo Dertait Barbato v. Uruguay), CCPR/C/D(ZVII)/R.21/84, Annex.
E/CN .4/1935/16
page 1
VII. SURVEY AND ANALYSIS OF INFORMATION RECEIVED BY THE
SPECIAL RAPPORTEUR
69. The information received contains specific and general allegations of summary
and arbitrary executions which are supposed to have taken place since approximately
1965 up to the present time.
70. The Special Rapporteur viewed as part of h Is mandate a historical consideration
and analysis of the features and circumstances surroundIng summary or arbitrary
executions. Parts A and B of this chapter of the report therefore give the general
‘patt rns (Part. ‘A) and targets (Part B) of summary or arbitrary executions as disclosed
the materials in possession of the Special Rapporteur. . . , . .
7l Part C of tha chapter describes the information receivea containing allegations
of occurrences of summary or arbitrary e cutions, taking place between end l98O and
the present, or coming to light after end—1930. This information is presunted by
. alphabetical order of the names of the States concerned; those States in respect of
whom the situation of human rights has been the subject of study or investigation by
nominees of the Commission on Human Rights are not included, since this aspect of the
‘ situation has already bean treated in those reports but has been taken into account
in the present report; they are Bolivia, Chile and El Salvador. The Special
flapportaur has chosen IIo end of 1930, for the following reasons. As we have already
‘ noted in the background (paras. 2 to 5).it is since the end of 1980 onwards that the
GeSral Assembly and other bodies of the United Nations, including the Commission on
Human Rights, started taking ‘a special and keen interest in summary or, arbitrary
executions as phencmena in themselves.
72. The Special Rapporteur would also like to make it clear that in mentioning
specific countrici, he is not in any way passing judgement or making definitive
findings or conclusions on the alleged incidents as necessarily true or correct.
However, the Special Rapporteur is of the opinion that the allegations made do at
least indicate the nature, occurrence and extent of summary or arbitrary executions.
OEe.allegations contained in this report are suamaries of the allegations received in
regard to those countries. In each case, the information containing any allegation
received referring to a given country has been transmitted to the Government concerned.
A. Patterns . . .
75. The information received has disclosed the following general patterns:
1. Summary executions
74. Even though executions are carried out after certain proceedings, the court
procedures themselves are so curtailed or distorted that the procedural safeguards
as provided for in Articles 6, 14 and 15 of the International Covenant on Civil and
Political Rights were nq t observed. .
(i) The death sentence is delivered often ma special court, special
military tribunal, or revolutionary court which are not bound by any
‘ procedural reguletions ,
75.. In a number of countries, special courts, such as military tribunals and
revolutionary courts were establishcd after the fall of the former regime. The special
courts often imposed death sentences, without any adequate procedures which provided
for sufeguards of rights of the accused.
E/CN.4/1983/l6
page 17
76. In one country, after a coup attempt to overthrow the head of the State, it was
announced that special military tribunals were being set up to try those believed to
be responsible for the coup attempt and for the deaths of government officials who
had been killed during the attempt. Executions were said to have begun soon after
the coup attempt and to have continued for more than a year afterwards. Hundreds of
people were reportedly executed as a result of the order of the said tribunals which
was arrived at in complete disregard of the procedural safeguards.
(ii) Executions are carried out without allowing time to appeal to a higher
‘ ) courtor to seek pardon or commutation of the sentence . .
77. In a number of countries, death sentences were executed immediat'ily after
sentencing. In some other countries, the right of appeal to higher court or to seek
pardon was not allowed, often by procedures of special courts or by procedures
provided for in security—related laws. In one country the death penalty was imposed
on people charged with crimes against the security of the people and the State, and
execution took place within 12 hours, even though the law stIpulated that death . .
sentences were to be carried out after five days. No opportunity for appeal or pardon
was given. .
(iii) Trials are held in secret in many cases, even without allowing close
family members to attend . .
78. In a large number of countries many trials before military-or special or
revolutionary courts take place in camera and are followed either by public or secret
execqtjons. Therefore, it was extremely difficult to learn how the trials were held,
whether or not the other rights of the ccused were respected. In some countries the
mbers of the family were told many years after the execution had taken place that
neir relativa had been. tried and executed whilst in custody.
. ( iv) The accused person is not given any opportunity to defend himself/herself
in trials nor is represented by his/her legal attorney . .
79. In a number of countries, a large number of people were sentenced to death by
trials briefly held without allowing the accused to defend themselves-or to be
represented by lawyers. This was done despite the provision in some of their .
Constitutions guaranteeing the right of defence and legal representation. Cases have:
been reported where the accused person was riot even brought to the hearing .. In some
casesit was alleged that the court even refused to hear evidence for the defence or
to question defence witnesses. : .
8o. There are reports of people who were killed outside the country by agents sent by
governments after they were trIed and sentenced to death in absentia . . . ,
N') The person is not given any opportunity to consult with his/her legal
. attorney before trials . :
81. In many countries .he arrested persons were detained incommunicado without being
informed of the charges against them. In some countries lawyers hired by their
friends or families were not allowed to see them.
E/GN.4/1983/16
page 18
(vi) The courts lack qualified judges to preside over trials and are
not independent .
82. In a number of countries people were sentenced to death by special courts which
were composed of military persqnr el, religious or govern mental representatives or
political figures uho were neither members or th judiciary nor trained as judges.
In fact the persons Iappqirited to sit on the special tribunals etc. were normally not
legally qualified nor did they have at y experience s jvdges. It would appear that
the most seriouII deficiency lay in the vary structure and institutional position of
these types of courts or tribunals. In..nost cases it was alleged that they did not
form part of the judiciary but came under the Executive. It was further alleged that
thair mode of appointment and tenure was such that they could not be regarded as
indep ndent of-the Executive. It is reported that the decisions oifisuch courts and
tribunals were politically biased a tIIat they decided in accordance -with the wishes
of the Executive. It was claimed that in most cases, the trials were just a.ormality
as the decisions were a foregone conclusion. •‘ .: ;:..
(vii) Mass public rallies are util zad as trials to deliver the death sentence .
83. In some countries death sentences were delivered at mass public rallies. In one
country those suspected of theffl membership of guerrilla groups were executed in
public after they had been paraded at political rallies whore ‘crowds had called for
their execution. In another country trials were hurriedly hold in public places and
executions were carried out in publ.i immediat2ly after sentencing.
(viii) Death sentences are delivered for acts or omissions which did not
constitute capital or any criminal offence, at the time of their
commission . - - - - - : -
- 84. In a number' of countries especially after a revolution ppople. who had: donnec ion
with the former regime were tried without any le l basis or with new laws
retroactively enforced and were sentehc to death. -
85. In one country military tribunals were empowered to try civilians accused of
-various ottene- s- inc ludIng a wide range of “economic crimes ' which carry the maximum , - -
penalty of death. - - -- -
2. ‘ Arbitrary executions - , - -
86. In c killings are carried out by government agents or by civilians with the
government's complicity or tolerance or connivance, bypassing any formal judicial -
process. In most cases governuients i'-efused their accountability for such deaths. . -
(i) The killings of people who are in detention often after torture.
87 Many governments attrtbutod the ceaths in detention or custody in many cases to
suicides, attempts' tb--eiII e, armed resistance; accidents or natural causes. The
phenomenon of deaths in detenti9n i wide pread Many of the victitns..were among those
detained. ifir security reasons .u dert various- cecurity—related L Ws and . regulations
which in many cases suspended habeas corpus and permitted arbitrary arrest without
a warrant and unlimited incommunicado detention without charge.
E/CN. 4/19E 3/16
tage 19
33. In one city during a one year perihd, 500 criminal suspects were officially .
7nnounced to have died in -armed conflicts with the pclice However, in :m ny casS it
was alleged that the victims had been killed after b eing taken into dustody by the
po)ce.
29. According to sotoej reports, hundreds of priSon .rs were mssacredin prison b y:
troops commanded by the brothor of the Head of th State.
90. In one country, it is alleged that ‘revolutionary defence squads' arrested
thousands of young p ople aged bett an 12 and 25 and accused them of bcing countar
revolutidnarios. It is iIeged that about 5,000 of these young peoole were killed
and that killings reached a peak when an average of about 100 young -people were killed
each night.
) (ii) The deliberate killings of targeted individuals, who are not under
- detention by governments . .
91. Governments sometimes explain the deaths as a result of arx ed resistance by-the
persons sought after (often called “encounters”). The killings also bften follow
after disappearances. Governments gonarally refuse responsibility, attributing such
killinga.to opposition groups, guerrillas, or armed groups of,pivjlians, which are
beyond the governments' control. . . :.. : :
92. in one country, a physician aged 46, was found murdered in a suburb of the
capital after he had “dizappeared 10 days earlier. It was believed that his-
disanpearanc and ‘death ware connected iith his brother's testitflng in a court
against a fbnner member of the military regime. Two other peopta re found murdered
on the same day as the physician and were thought to be connected with each bther as
their names were reportedly written in an address book belongi g tb the physician.
(iii) The massacre of groups of individuals such as political demonstration,
petitioners, people gathering for a meeting . .
93. Governments often plead imminent danger, securit j reasons and/or acts of self—
defence. . .. - -
94. In a number bf countries demonstrators against the regime or ptotesting -
government policies, petitioners to the government authorities, or in one case people
gathering for a meeting which was called for by the local government, were attacked by
police or armed forces and a large number of particip'ax ts were shot bayonetted or
clubbed to death, -
95. In one country, a group of miners and peasants were killed in a mining district
by troops of armed forces after strikashad been organized. The armed forces' attadks
were carried out with tanks and heavy artillery. It was claimed that-the miners had
attempted to negotiate with the army before the attack began in order to prevent
bloodshed, but their request for discussion had been refused. . , . - . .
(iv) The nvstematjc killing over a period of time of specific categories of
persons such as members of political partie s, ethnic and/or religious
groups, social classes or trade unions .
95. Governments in many cases justify th killings by categorizing them -as traitors,
flsurgents, communIsts, collaborators with the enemy, heretics, foreign agents, etc.
E/rN 4/1983/16
iaze 20
97. In one country hundreds of thbusands of people were systematically killed for
‘their mSberIIip ahd association with a political” art:; which allegedly participated
in a coup d 4t t.
23. In zone countries, leaders and members of a religious sect were systematically
killed for a long period of' time under the regimes of the majority religious groups.
99 .! embers of r.iinority ethnic groups who were engaged in independent movement s were
also killed. The victims often included woenn and children.
100. In one country, it is alleged that over a hundred persons including children
;ere maosacred during a protest march about land rights.
)l. For a period of two months at least 80,000 members of a particular tribe were
portediy lled oy tne paramilitary youth novement of the ruling party as a result
f lleg d tribal rivalry. : .:,. , . :.
10 . It ‘was' alleged that in the autumn of 1979 arned' commanders killed between
50 to 200 pdr ons in a single village. . ‘
Cv) The killings of persons during military operations which may be in
violation of the Geneva Conventions of 1949 and the two protocols
of 1977 for protection of the civilian population in srmed conflicts .
103. There ‘were reports of mass killings of villagers in areas where guerrillas
were active; counter—guerrilla operations were carried out by government forces
aiming at total depopulation of the areas, in one incident the army reportedly
forced the entire village population into a courthouse, raped the women, . beheaded
the men and battered the children to death against rocks ina'nearby river. About'
100 people reportedly died in the incident.
B. Targets ‘ ‘ ‘ ‘
l04. Targets of summary or arbitrary executions range over almost all sectors of
the society of the country. They include members of ethnic, racial and religious
groups and social classes such as workers, peasants, intellectuals and professionals
often in conflict or perceived to be in conflict with those in power. They are in
, opposition to hc government or at least suspected or perceived to be so by the
government. In a large number of cases families or entire communities become
targets. The following is a brief list of types of targets.
(1) Ethnic groups
105. In a number of countries members of certain ethnic groups became targets of
killing. Those groups were either in rivalry with another ethnic group which was in
power or seeking political inde pendence or autonomy. In some cases coup attempts
triggered the waves of indiscriminate killings of members of those ethnic groups
which were, allegedly involved with the attempts.
E/C IT.4/l9 53/16
rafre 21 .
(2) Racial grouDs
106. In some countries members of certain racial groups were killed under the
official racial discrimination policies or suspicion of their support for guerrilla
movements. . . . . . . “
(5) fleligious sects and groups , .
10'?. In some countries, leaders and members of certain religious groups and sects
wer2 e: ecuted. In another country those who belonged to. a different sect of a
religion from the sect of the ruling people were systematically killed by sacurity ,
forcas of the government. . ‘ . . , .“ . .
(4) Peasants . . , “ . . .
, ) 108. Mass killings of peasants cccurr d in rural areas where army counter—guerrilla
operations were carried out. Peasants suspected of aiding guerrillas were arrested,
tortured and murdered, if not killed on t,e spot. Families of peasants and the
entire village population including women, children' and the aged became victims of
indiscriminate killines by the ar 'sd forces anu “death squa us”.
109. In the rural area of one country, it is alleged that a ‘campaign of murdering
and kidnapping peasants followed the Drociamation of land reform; entire villages
are said to have been burnt to the ground during, the. oarnpai . ‘ : ,
(5) ‘Workers, trade unionists . , ‘ , “ , :
110. Leaders of labour movements and trade unionists were frecuently victims of
killings. ‘ In a nIInbe of' countries those who were active in organiIIixi workers ‘
and trying tb establish unions were”arrested ‘and “disa peared”, to be ‘found dead' ‘
‘ later.' Trade unionists and workers on strike were attacked either by”armed, force's
police or civilian groups nd shot to death.' Labour movements leaders were als6 ‘‘
attack 'd while having a meeting and' some of them were singled out and shot to d at'h
. after being tortured. In one country, there was systematic killing of whoever took
‘,. ,. .‘ over,t'ne leadership of a trade union. ,‘ ‘ . .
, , (6) Political leaders ‘ . .
llIL There were reports of a number of killings of political leaders whether in “, ‘
oPposition or within government but perceived to be working against or plotting'
against the Head of State and, Government.' A leader of a political' party, , ‘ ‘
parliamantariaz and a lawyer, was singled out and shot to death after a paramilitary
group' raided a meeting which he was attending. He was murdered reportedly because
he called for an investigation of human rights violations under a former president.”'
In another country at least 14 ‘leaders ‘of an opposition party were' assassinated one
after another after the national election during which friction between the government
and the opposition party had beco2c serious.
E/ci.r .4/l9 55/lE
tare 22
(7) Social rBform activists
112. In a number of ccuntries, thosa who were suspected of their activities for-
social reform or' pcasants movements wer targets of police actions. They-were
of ten accused of being suhv. rsive. They we-re either killed by police or armed
forces after arrest, buit it ‘was oifian maintained that they died in ‘encounters”
with police or ar med forces who fired in ‘ self -defence .
( ) Church people and lay workers . - . .
113. In a number of countries priests, ministers, missionaries, nuns and lay
workers ware tar'gabs of killings because of their involvement with refugee relief
) work, basic community movements and other social works. They were often accused
of their support for insurgent groups, or involvement with guerrilla movements.
., (9) fle'fugees . . - H ‘ :
l14 In several countries people trying to escape the areas of armed conflict
were attacked by the government forces support d by helicopter gunships Bt d many
of them were killed including woman and children. Those already in refugee camps
in the neighbouring countries were also indiscriminately attacked and killed.
(10) Schoolchfidran and students . - . . .
115. Bctween 50 and 100 schoolchildren were killed in pris9n after the arbitrary
arrest of many schoolchildren and students. - .
116. In. one country schoolchildren and students- boycotting classes i ii protest
against the inferior quality of education and school conditions were fired upon
by the police -on ifferent occasions. In. one incident the number of those ‘killed
was reportedly over 100. In. another couritr ' students demonstrating against
) government policies ware attackec by government troops and many of them were shot,
bayonetted- or- clubbed to dcath. - - - . , . . . - .
(11) Intellectuals, teachers and artists . .
117. In one country a teacher and member of a socialist party was machine—gunned to
death in the street of the capital. A secret private group later claimed responsibility
although it was -alleged that the private group did nct operate ind nendently of the
security forces.- In one country an artist was found murdered on the outskirts of
the capital. He-h-ad been- kidnapped the previous day allegedly by security- forces.
In another country people who had education' above certain levels were IIrg S of
execution. -In scme other countries, intefrectuals, including university staff,
and literary figures wei'C considered or suspected of being in opposition” to the
regime and therefore, became targets of killings.
z/:Ir.4/19 35/l6
page 23
(12) Judges, law?;urs and members of the legal profession
118. In a number of countries lawyers, particularly those who had acted for
polit eal prisoners or individuals or groups of persons whom the government
believed were in opposition to it, were killed by “death squads”.. Lawyers who
voiced public criticism of human rights violations wcre similarly treated.
119. In on country a judge was shot by two men on a motor cycle because he was
allegedly hearing certain political trials. A judge appointed to replace him
was also shot. A prominent labour lawyer was assassinated.. A lawyer working in
a 1 gal aid clinic was killed. .
120. In one case a lawyer was afl gedly dragged from his house by persons in
police uniform into the street and shot. In one counbry it was alleged that in
one year 26 lawyers and judges had been killed by the security forces or civilian
vigilante groups working under them. A Chiof Justice was taken out of his chambers
by security forces and killed after he had made an order ordering the release of
a person who had been i11e a1iy detained.. In the same country, a judge of the
Industrial Court and a judge of the High Court t-,ere also killed by security forces.
. - (13) Doctors and medical personnel . - . . . -
121. Physicians and nurses wer targets of killings for their-medical treatment .
and assisbance to opposition groups or guerrilla mc-nbers. :
(14) Journalists -
122. In many countries journalists were fn quent victims; those who wrote
critical reports on government polIcies or on the regime itself especially became
targets of killings, including even those who were outside the country.
(15) Former government officials, military or police personnel .
123. In a number of countries, after a revolution, an internal armed conflict or
a coup d etat, former government officials, military or polIce personnel were
executed as being accused- of their connection with the former regime, being
enemies of people', ‘counter- revo1utjonaries , “foreign agents”, or traitors tt .
124. in sorzs countries, government officials and military personnel have been
executed when their loyalty to the Head of State was suspected. -
paaa 24
C. Allegations in regard to specific countries
Ci) Afghanistan
125.. As indi ated in Chapter I above information received containing allegations ot
summary or arbitrary executions in regard to specific countries was transmitted to
the Governulent of Afghanistan by note voroale dated 19 November 1982 (annex III); as
in the case of other Govern , ents from whom no reply was received a further note was
sent on 7 January 1953 (annex IV). As of the date of the cotnoletici of this report
no reply was received. In view of tne fadt that the allegations in question
concct ned eventS alleged to have taken place prior to 1980 (see paragraph 71 above)
the Special Rapporteur has refrained from including in this report a brief summary of
the allegations received.
(ii ) Angola
12b s indicated in Chapter I above infnra ation received containing allegations of
summary or arbitrary executions in regard to specific countries was transmitted to
the Governrnai of Angola by note verbala dated 19 Jovember 1982 (annex III) ; as in
t ia case of other Governments from whom no reply was received a further note was sent
on 7 January 1963 ‘innex IV,), As of the date of the cornnletion of, this report no
reply was received, In view of the fact that the allegations in qu8s'tion conderned
events :illegad to have taken puce prior to. 1933 (see paragraph 71 above) the
Special Rappot teur has refraintid from including in this report a brief summary of the
allegations received, . .
(flu Argentina . .
127, As indicated in Ch ter I above, information received containing allegations of
summary or arbitrary executions tn regard to specific countries, was transmitted to
the Government of Argentina by note dated 19 November 1982 (annex III ) ; as in the case
of other governments from whom no reply was received, a further note was sent on
7 January 1983 (Annex IV).. k s or the date of the completion of this report no reply
was received; the following paragraphs give a short summary of the allegations
)received . . . . . . . ,.
128. It is alleged that of the thousands of persons who disappeared many were
found- dead, oparehbiy nurdered sft r being tortured, The persons belonged to
various professional bacigrounds and were pol Itically aCtlVe in trade unions,
critical of m liL ry go ' rfln nt or onl , e1-tad to those aelitical suspects
According to the testia?ony of thosn who escaped from secret detention damps, it is
alleged that the victims were abducted by the ‘ task forces of military and federal
police by the order of a higner autnority and interroe:nted, tortured in camps and
ultimately ‘transferred' whicn in some cases meant being taken out of camps for
unknown destinations after being ‘given injections' of a powerful sedative . It is
alleged that in some instances those transferred particularly fran Escuela de
iiec nice Armada were thrown out to son towards the south and thrown out of
aeroplsnes ‘live, Some dand codies ho ' been washed ashore.
129. The Inter -Amurican Coavissjon ,u;;:its wno examined unmarked graves at
La Plata cemetery found that most of those buried in theta were aged between 20 and
30 years old and the cause of death was given as ‘destruction of the brain by
firearm orojectiia-”. In October l9 32 a mass ‘av was discovered, in the Aran Bourg
oumete c ” where allesedly up to i O u bodies cr c buried
ijO, fiie epacial riepnorteu niac toog note oz other asiagetions including case-s of
summary or ord trary cutxo es of individuals occurring in Argentina in the latter
half or 1932.
E/GF 4/l9S 3/16
pac 25
iv) Bangladesh
151. As indicated in Chapter I above (paragraph 14) the Special Rep orteurreceived
information containing allegations of summary or arbitrary executions after his
arrival in Geneva on 6 January 1985. This information was transmitted to the
Government of Bangladesh by note verbale dated 14 January 1983 (annex V). As of the
date of the completion of this report no reply was received; as indicated in
paragraph 16 above the Special Rapporteur acknowledges that the Government of
Bangladesh may not have been able to reply in view of the limited time available.,.. In
view of the fact that the allegations in question concerned events alleged to have
taken' place prior to l9dO (see paragraph 71 above) the Special Rapporteur flas
refrained from including in this report a brief summary of the allegations re eived.
;) Bolivia . .
l52. As indicated in Chapter I above informata.on received containing allegations of
summary or arbitrary executions in regard to specific countries was transmitted to the
Government of Bolivia by note verbale dated 19 November 1982 (see annex III) . As i n
the case of other Governments from whom nc reply was received a further note was sent
on 7 January 1985 (annex IV). In. view of the, fact that the allegations in question :
concerned events that have already formed the spbject of reports examined by the
Commission on Human Rights at previous sessions as stated in paragraph 71 above,' the
Special Rapporteur has refrained from including in this report .a brief sumnary of the
allegations received. . . . .
(vi) Brazil . - . . . . .
135. As indicated in Chapter I above, information received containing allegations of
summary or arbitrary executions in regard to specific countries, was transmitted to
the Government of 6razil by note dated 19 November 1962 (Annex III); as. in the case
of other- governments from ihom no reply was received, a further note was sent on ..
‘1 January 1983 (Annex IV;. As- of the date of the completion of this report no reply
was received.; the following paragraph gives a short summary of the allegations
received. . . .
154. Although the judicial death.penalty for ordinaryoffenc.es was abolished in 197.9,
there have been reports of an upsurge in deliberate killings •Df arrested criminal .
suspects by the police. In Sao Paulo, for example, 300 suspects allegedly died in
armed conflicts with the police during 1981. However, in most of these cases it was
asic that the victims appeared to have been killed after being taken into custody by
the police.
(vii) L3urundi .
155. As indicated tn Chapter I above (para;raph 14) the Special Rapporteur received'
information containing allegations of mammary or arbitrary executions after his arrival
in Geneva on 6 January 1983. This information was transmitted to the Government of
Burundi by note verbale dated 14 January 1)33 (ahnex V) As of the date of the
completion of this report no reply was received as indicated in paragraph 13 above
the Special Happorteur ac :now1edses that the Government of Burundi may not have been
able to reply in view of the limited time available. In. view of the fact that the
allegations in question concerned events all zed to have taken place prior to 1980
(see paragraph [ 1 abo Ve; the Spec a1 Rapporteur has refrained from including in this
report a brief summary cf the allegations received ..
tare 26
(viii) Central African Republic
156, As indicated in Chapter I above (paragraph 14) the Special Rapporteur received
infornation dontainihg allegations of summary or arbitrary executions after his
arrival in Geneva on 6 January 1985. This information was transmitted to the
Government of the Central African Republic by note verbale dated 14 January 1983
(annex V). A's' of the date of the completion of this report no reply was received;
as indicated in'p ra gPaph 13 above the Special Rapporteur acknowledgesthat the
Government of he Central Afr ican Republic may not have been able to reply in view
of the limited ‘time available. In view of the fact that the allegations in question
concerned events alleged to have taken place prior to 1980 (see paragraph 71 above)
the Special Rapporteur has refrained from including in this report a brief summary
of the allegations received.
)
(ix) Chad , . ,
137. As indicated in Chapter I above information received containing allegations.of
surhmary or arbitrary executions in regard to specific countries was transmitted to
th Government of Chad by note verbale dated 19 November 1982 (annex III); as in the
case of other Governments from whom no reply was received a further note was sent on ‘ .
‘7 January 1983 (annex IV). As of the date of the completion of this report no reply
was received. In view of the fact that the allegations in question concerned events
alleged to have taken place prior to 1980 (see paragraph 71 above) the
Special Rapporteur has refrained from including in this report a brief summary of the
allegations received,
(x) Chile ,
138. As indicated in Chapter 1 above information received containing allegations of
summary or arbitrary executions in regard to specific countries was transmitted to
the Government of'Chile by note verbale dated 19 November 1982 (see annex III). , As
, in the case of other'Governments from whom no reply was received a further note
sent on 7 January 1983 (annex rVj. In view of the fact that the allegations in'
question concerned events that have already formed the subject of reports examined
by the Commission on Human Rights at previous sessions, as stated in paragraph 7]. .‘
above, the Special Rapporteur has refrained from including in this report a brief
summary of the allegations received.
(xi) Coloabia .
139. As indicated in Chapter I above, the Government of Colombia was informed of the
allegations made in regard to the situation in Colombia, by note dated
19 November 1982. The reply of the Government of Colombia is annexed hereto.
?uk thermore, on 13 February 1983, in response to the note verbale of 1 January 1983,
the Special Rapuorteur receivec tne Permanent Representative of Colombia at,Geneva
who reiterated the reply of his Government (see Annex IX) and gave the
Special Bapporteur assurances of further co . operation. The following paragraphs give
a brief summary of the allegations received. .
140. it has been alleged that many killings of campesinos by the military occurred
in rural areas under military control — so called ‘militarized zones' . . notably in
the department of Santander and Antioguia in Central Colombia where kidnappings and
murders and ambushes of army patrols by the' guerrilla organization FARC continued
even after the lifting of the state of siege on 20 June 1982. It has further been
alleged that there were army counter 'guerrilla operations aiming at virtual
depopulation of these areas in order to locate guerrilla activists and to eliminate
l,CH .4/1963/16
page 27
their suspected base of support. Campesincs in these areas suspected of aiding FARC
guerrillas were arrested, tortured and murdered. It has been reported that the army l
fifth brigade were responsible for those mass killings. In some cases such army
operations were attributed to plainclothes counter guerrilla groups, sometimes working
alone and wearing masks or hoods. The army often denied responsibility for those
killings, attributing them to the guerrilla group FAE C or to supposed ‘death squad”
groups such as HAS ( ! 1uerte a Secuestradores.) . -
141 A rash of killings claiming left—wing trade union leaders, political leaders and
a lead Ing lawyer of political prisoners or victims began in December 1981. Since
20 June 1982 when the state of siege was lifted, former nolitical prisoners released
after completion of sentences and on the order of the civil courts were systematically
killed by plainclothes men. Araona those killed were ex—prisoners who had made public
testimony alleging torture and killings by the army and a lawyer who had previously
been detained on sev ral occasions in the course of h s work as a defender of
‘politica1 prisoners. The killings were attributed by the government to the .
independent HAS, but it is l1eged that they were conducted by the army andj National
Pollee intelligence divisions, and special c6unter. -giierrilla units such as the army's
C.A,E.S. units — Comando Anti- Extorsi6n y Secuestro . .
142. The Special Rapporteur also took nets of other allegations including cases of
summat y or arbitrary executions c i ' individuals occurring in Colombia in the latter
half of 1982.
(xii) Democratic Kampuchea
143. On 13 December 1982 the Special F.apporteur received information containing
allegations of summary or arbitrary executions alleged to have taken place in
Kampuchea. This information was accordingly transmitted to the Government of
Karnpuchea by note verbale dated 14 January 1983 (annex U. As stated in .
paragraph 18 above, the Special Rapporteur acknowledges that perhaps insufficient
time was available for the appropriate reply to be formulated. The following .
paragraphs contain a summary of the allegations received. .
144. It was acknoIIledged by the former Foreign linister leng Sary. of the Khmer Rouge
Government in August 1981 that it was official policy to liquidate people accused of
opposing the regime , This involved whole sections of populations, families etc.,
being wiped cut. . .. ,
145. In December 1932 the graveyard was found of 3,000 victims of Pci ?ot s regime,
allegedly herded from tne. capital of Phnom i enh between mid—1977 and 1978 and hacked
to death. . .
(xiii) El Salvador .
146. As indicated in Chapter 1 above information received containing allegations of
Summary or arbitrary rxecutions in regard to specific countries was transmitted to
tne Governm ' nt of I ]. Salvador by note verbalu datad 19 ovsmber 1982 (annex III).
reply dated from El Salvador was received by the Special Ra porteur and is
reproduced in annex L< be1o . In view of the fact th. t the allegations in question
Concerned evento that have already formed the subject of reports examined by the
Lomnassioc cn Human Rights at rrcvious sessions, as stated in naragrao'n 71 above,
the S Pecial Rapporteur has r frained from including in this report a brief summary
of the allegations received, .
S
1 / iT . /L9h )/Wt
page 253 -
(xiv) Ethiopia . “ .
146a. As indicated in ‘Chapter ‘I .aboye information received containing allegations of
sSmary ‘or arb itra y executions in regard to specific countries was transmitted to
the Government : of Ethiopia bynote verbale dated 19 November 1982 (annex I lI L A
reply dated 7 December 1982 was received by the Special Rapporteur. In view of the
fact IIat tne allegations in question concerned events alleged to have taken place
prior to 1980 and was also the subject of reports examined by the Commission on
Human:Rights at previous sessions, as stated in paragraph 71 above, the
Special flapportaur has refrained fron including in this report a brief summary of
the allegations and the reply received. , , .
‘ (xv) Guatteinala . , “ . . .
“ 14' ? In response to the request made by the Special Rapporteur in the note' Verbale of
19 November 1982, the Government of Guatemala submitted a reply which is reproduced
in' Annex IX below. Furthermore, subsequent to the note of 7 January 1983, the
Special Ra porteur received the Permanent Represent tive of' Guatemala on 11 and ,
15 January 1983. At these meetings, the Permanent Representative of Guatemala
briefed the Special Rapporteur on the positive polItical developments in his country.
lie extended,' on behalf of his Government', an invitation to the Special Rapporteur to
visit G jatiamala in connectiott with his mandate.'i/ The Special Rapporteur accepted
the invitation in principle, but, due to the time factor and other constraints, was
regrettably not in a position to avail himself of the invitation prior to the
completion of his report. 2/ The following paragraphs give a brief summary of the
allegations made. : ‘ ‘ ‘ ‘ : .
148. It ras alleged that in 1981 the number of non—combatants killed was' reported to
have reachdd over 3,000. Reports of mass killings contin ied after ‘
General EfraOE Rios Montt took power in March 1982, especially, under the state of
siege declared on 1 July 1982 and the Government's intensified ‘counter—inzurgency”
‘ programme, “in ‘which over 2,600 persons have been killed. It was alleged that between
rlarcn and July the military and the newly..formed “civil defence' units destroyed
ent ria villages, and carried out mass executions,,in at least 112 separateincidents.
‘In one ‘Indian village in Quiche province it was alleged that in April 1982 troops
‘ forced all the ; nhab'itants into the courthouse, beheaded men and battered the
children to death. It is alieged that raids elsewhere on the same day leftS some 100
people dead in the village of tiangal and 55 at Covadonga.
149. It iS alleged that the majority of victims were non - -combatant Indian peasants and
their familites in isolated rural areas, particularly where guerrilla groups were
active. It was said that they were killed by the Government troops and/or Government”-
sponsored civil defence patrols which carried out tne Government s strategy of
cleaning areas of civil population in order to eliminate any possible base of
logistical support for the cpposition. It was alleged that the killings were
indiscriminate and involved men, women and children., sometimes infants. Torture
1/ Letter dated 14 January 1983 from the Permanent Representative of Guatemala
to the Special Rapporteur. (Annex K)
2/ Letter dated 25 January 1983 from the Special Rapporteur, to the Government
of Guate mala. (Annex XI)
E/CIT .4/l9 3/16
page 29
and mutilation were routinely tractised. According to the testi mony of a former
conscript, all conscripts ware given ideotogical training with respect to the
identification of subversives t and the ‘niilitary's right to kill them.
l5O The ictim also included people from a wide range of professional backgrounds,
suspected of their activity in or sym pathy with the opposition groups, trade
unionists, teachers, staff and students of the University of San Carlos, lawyers
and judges, people in tne medical profession, political leaders, Catholic churchmen
and lay workers.
151: It was believed that these killings were- carried out by the military,
especially the• counter-subversive units called - Kaibiles and security police forces
stich as PolicOE Militar Ambulante (Pill) and Cuerpo de DetectIves de la Polic a
Nacional . It was allegad that the death squads operated under Government control
or cbmplicity. .
152. Details of alleged killings which may constitute summary or arbitrary
executions and the Government's statements thereon may be found in-a report on the
Human rights situation in Guatemala dated 31 December 1931, which was before the
Commissibn on Human Rights at its thirty—eighth session. !
(xvi) Guinea .
153. As indicated in Chapter I above information received containing allegations
of summary or arbitrary executions in regard to specific countries was transmitted
to the G,overnment of Guinea by note verbale dated 19 November 1982 (annex III);
as inIIe ease or other Governments from whom no reply was received a further note
was sent on 7 January 1983 (annex IV) , As of the date of the completion of this
report no reply was re eived. In view of the fact that the allegations in
question concerned events alleged to have taken place prior to.19 5 0 (see
paragraph 71 above) the Special Rapporteur has refrained from including in this
repbrt a brief summary of the allegations received.
(xvii) Honduras , .
154. As indicated in Chapter I above, information received containing allegations
of summary or. arbitrary executions was transmitted to the Government of Honduras
by note verb'aie dated 19 November 1982. Subsequent to th.e note verbale of
7 January 1983, the Special Rapporteur received the reply of the Government of
Honduras, dated i 3 January 1985, reproduced in Annex IX below. The following
paragraphs cohtain a summary of the allegations received.
155. It is alleged that since 1981, it was reported that Salvadorean refugees
were removed from refugee camps in Honduras and were killed. In such incidents
a number of Honduran and foreign relief workers were murdered, while they tried
to prevent the abduction of refugees-by Salvadorean soldiers.
156. There were some reports of the arrests by Departa 1 nento Nacional be Investigaci6n
kDlII) and”disappearancas of people who wer leaders in student and union movements,
a et na of theM were found 1urd4red later. The ;londuran authorities repeatedly denied
the arrests of those pecPLc ano any KlIuw uae of the affair.
1/ /CN.2/i5O1 antI Acid,i,
E/CN. 4/1 93 /i6
Dage 3C
(xviii) India
157. Its indicated in Chapter I above information received containing allegations of
summary or arbitrary executions in regard to specific countries was transmitted to
tne Government of India by note verbale dated 19 lovember 1982 (annex III); as in the
case of other Governments from whom no reply was received-, a further note was sent on
7 Jamiary 1983 (annex IV ). On 24 January 1963 the Special Rapporteur received a
- representative from the Permanent -1ission of India to the United Nations Office at
Geneva who briefed him on the reply of the Government of India to the effect that the
allegations contained in the information transmitted to that Government had been
referred for investigation to tne relevant Ministry of the Government of India.
However., in the light of the various constitutional and legal-provisionsand judicial
processes T 4 hlch safeguard personal life and liberty of the individual in India such
) 2llegations amounted t5 di tb tions of fact. The -reply of the Government of-India
dated 24 January 1983 is reproduced in annex I X of the present report. The following
paragraphs give a short summary of the allegations received.
158.-A number of allegations on summary or arbitrary executions attributed to-the
police in some States in India were reported. According to infornIItion received by
the Special Rapporteur, the rise of the death toll coincided with the beginniPg-of the
active Naxalite movement, a communist revolutionary movement with the policy of
‘annihilation of class enemies” and guerrilla tactics. Combined with the local social
movements, the Naxalite movement provoked a stern police reaction and strong counter
insurgency measures,- initially in the States of West Bengal, Andhra Pradesh, Bihar,
Orissa and Kerala; in the course of time other States such -as Tamil Nadu and -Uttar
Pradesh followed the path .. It was alleged that those who becSe the targets of the
-police actions were not only thc- Naxa-listes but also people suspected-of their
activities for social reform or peasants or Harijan (untouchable) movements. -
159 , According to one source, over 6,000 were killed during the years 1979 to 1981.
it-was said that most of the victims--were killed by the police after the arrests,
often after being tortured, In some cases, the official announcements said that those
in police custody died, in accidents, committed suicide or were shot “while trying to
escape'. In other caSes the police maintained that they were killed in “encounters”
with the police who fired in tse1f. dofence .
160.. In spite of the frequent allegations of the abuse of power by police officers
concerning those deaths, official and unofficial investigations in som alleged
killings in staged “encounters” and writ petitions filed at the Supreme Court, it is
alleged that no effective action seemed to be taken to prevent such killings. :
(xxix) Indonesia
16i. As indicated in Chapter I above, information received containing allegations - of
summary or arbitrary executions in regard to specific countries, was transmitted to
the Government of Indonesia by note dated 19 i- ovember 1982 (Annex III); as in the
case of other governments rrom whom no reply was received, a further note was sent on
7 January 1933 (Annex IV). its of the date of completion of this report, no reply was
received. The following rar graphs give a short summary of the allegations received.
162. It was alleged that during July/Seotember 1%dl, the Indonesian forces carried
out Operation Security with the aim of finally eliminating remaining Fretilin forces-
During this operation, incidents of killing allegedly occurred, one of which
involved the deaths of 500 people not engaged in combat, including women and children.
.4/1983/16
:pa 31
(xx) Iran . . “ : “ .
‘tX Is lndicated n' C 'anter I acove information received contalning allegations
of summary or arbitrary exerutions in regard. to speclfic countries was transmitted
to the Govetnwan' of the Islamic Republic br IrIIn by note ‘Tat d 19 November 1982.
Subsequent to the note of 7 January 1583, the Gzecial Rapporteur received -ifi
Ptn manent Representative a.i. of Iran in Geneva on 17 J a nuary 1983. The
Permanent Representatav a .. of Iran orally communicated the v lews of his
Gnvernm nt to the Special Ravporteur and handed tne Snecial Rapporteur the reply
of his Goveoe nt. On 20 Jahuary the SpecialRapporteur received anoth r note'verbale
from the Government of Iran. The two notes are reproduce,d I I Annex LX. The
following para raphs contain a summary of the allegations made.
164. A large number of summary or arbitrary e ceciition s were repoiteL to have taken
lace in Iran. The victims of these executions were reported. to be opponents of
“IIe Gov rStt of the islamic Republic, an& persons involved with drug' ‘smuggling
and selling, as well as persons accused of sexual and moral offences, murder”and' .
robbery. Ethnic groups such as Kurds and Turkomans, members of. religious group,s
such as Jews and Baha' is, were also executed for alleged tnason, -esp4cnaga' •an&'
collaboration with enemy forces. It was alleged that there was a systematic
elimanata.qn of members of the Baha i faith. Members and supporters of oz anizations
such as the People's Mu,ja.haden Organization of Iran (PN0I) who were opposed to
the regime were also executed.
165. In addition, victims included persons from different professional backgrounds
arc. a wide range of the social sectors, as well as minors (including chtldren as
young as. .13, years of age). ! ny were reported to have been executed after torture.
jubiuntea of executions ery, ac eordang to sources, Iron between A.,500 and 20,000.
166. It was roported that I I many cases executions were carried out without triat. .
Even in cases where trials were held by the Islamic Revolutionary Tribunals, ,
procedural safeguards fcr the rights, of the accused and for fair trial were totafly
lacking. Prov isions of the post—revo1utionar constatution which guarantee oean3 of
, the rights of the accused and even the Regulations of the Procedure of the Islamic
Revolutionary Tribunals were not observed. Arrest d per oias were held incommunicado,
without being told the charges against them arid without access to a lawyer. No
adequate defence facilities were provided before or during the trials. No cross—
examination of wiIIesses was allowed, trials we're often ‘held in camera and xecutions
/qere carried out immediately after the sentencing. There were also cases in which
persons were executed after being retried on the saII charges. . ,
(icc !) Ir q' ‘ ‘ . . .
167. a indicated in Chapter I above, information received containing allegations
of summary or arbitrary executions in regard to specific countries, wII.s transmitted
to the Government of Iraq by note dated 19 November 1992 (aimex izt) as in the
case of other governments from whom no reply ras received, a further note was sent
on 7 Jaznary 1983 (annex IV). As of the date of completion f this Re oit',' ‘no
reply wa received. . The fdllowing paragraphs give a short ‘summary of the'
allegations received, .
I
-r
lt 5. A number of alleged summary executions have taken place in Iraq. Those
allegedly executed include Government officials, members of dissidents groups such
as Shi'i'te and iCurdish communities, trade union leaders who were accused of their
alleged plots against the Government, political activities in the armed forces, ,
membersh p or assobiation with illegal political parties and other illegal political
activities. . .
lE9. Most death sentences were reportedly passed by special co&rts after alleged .
summary trials in camera . It was reported that judgements were sometimes, passed by
Government representatives, not members of the judiciary. .
170. DeTendants were held incommunicado before their trials. There wasno right ,oi
defence. Sentencing was often based on confession extracted under torture, end there
, ;as no right of peal to ahi&her court. . , ,
171. also been alleged that more than 350 executions allegedly took place
in 1981. “ ‘ , .. . , . .“ ‘ ‘: ‘ “
nn) Cores (Rerublic of )
172. As ndicated in Chapter I above (paragraph 14) the Special Rapporteur received
nfbzttion ontaining allegations of summary' or arbitrary executions after his: ‘
arrival in Geneva”on 6 January 1985. This information was. traxismi1 te to the . .
Government of the Republic of Korea by note verbale dated 14 January 1983 (annex v).
A reply was received by the Special Pap'oorteur dated 24 January 1983, reproduced in
an x IX below. In view of the fact that the allegations in question concerned ,
events alleged to have taken tiace prior to 1980 (see paragraph 7Labove), the
‘6 cial Ran' brteur has refrained frS including in this report a, brief summary of the
alleIIations received. . “ ‘. .
(niii) OEbanon , . , . .
l73.'As indicated in' Chapter I above (paragraph 14) the Special Kapporteur rece ved
information ‘containinLr allegations of summary or arbitrary executions after his ‘
arrival in Geneva on 6 January 1985. OEis information was transmitted to the
‘ Government: ‘ol' Lebanon by note verbale dated 14 January 1963 (annex v).. . ! reply was
received .from the Government of Lebanon on 26 January 1983 and is reproduced in .
annex IX. The following paz raph gives a short summary of the' allegations received.
174.' According to the alleTctic w received, in Lebanon hundreds of Palestinian and
Lebanese civilians including the refugee population in the refugee camps of Chatila
and Zebra in West Beirut were killed between June and September 1982; according to
the ca i n e information the Israeli armed forces were in military control at that time.
(niv)' Lesotho . . ‘ .
175. As indicated in Chatter I above information received containing allegations
of summary or arbitrary executfits in regard to specific countries was transmitted
to the Government of Lesbthc by note verbale dated 19 Hovember 1982 (annex III);
as in the case of other Governments from whom no reply was received a further note
was sent on 7 January 1983 (annex iv). As of the date of the completion of ‘this
report no reply was received. In v iew of the fact that the allegations in question
concerned events alleged to have taken place prior to 1980 (see i.ragraph 71 above)
the Special flapoorteur has refrained from including in this rerart a brief summa:y
of the allegations received.
- “ - ‘
. L;L: .4/1 V '.
pagc 35
(xxv) Libyan Arab Jamahiriya
176. As indicated in Chapter I above information received containing allegations
of summary or arbitrary executions in regard to specific countries was transmitted
to the Government of the Libyan AIIab Jamahiriya by note verbale dated. 19 November 1982
(annex III), as in the case of other go:ernments from whom no reply was received
a further note was sent on 7' Jaz u t 1983 (annex Iv). As of the date' of the
completion of this report no reply was received. In view of the fact that the
allegations in question concerned events allegIId to have taken place prior to 1980
(see paragraph 71 above) the Special Rapporteur..has, efrained froni including in this
report a brief summary of the allegations received; .,.
(nvi) Malaysia , . . . .‘ . .. .
177. As indicated in Chapter 1 above (p'ara ra h 14) t pe ial Ratporteur received
information containing allegations of summary 6r arbitraty executions after his
arrival in Geneva on 6 January 1983. This information was transmitted to the ,
Government of Malaysia by note verbale dated 14 January 1983 (annex v). As of the date
of the completion of this report no reply was received, as irdicated an paragraph 18
above the Special Rapporteur acimowledge's that”the Government bf Malaysia may not have
been able to, reply in view of the limit,ed .,time available. In view of the fact that
the allegations an question concerned events alleged to have taken place prior to 1980
(see, paragraph 71 above) the Special Rapp6rte'ur .t .s efraizied from including in this
report' a brief ‘summary of the ‘allegations received. “ . .
(ny u) Mali . .
178. As indicated in Chapter r above ir.f rmation received c ataining allegations of
summary or arbitrary executions in ‘regard to specific countries wad transmitted to the
Government of Mali by note verbale dated 19 November 1982 (annex ‘III )'. A reply was
received by the SpecialRapporteur and is reproduce& in annex IX below. In view of the
tact that the allegations in question cdncerned evdnts alleged to have taken place
. prior to 1980 (see paragraph 71 abbve) the S e cial Rapporte ur ha's refrained from
including in this report a brief summary of the allegations received. ,
(nvuui) Mozambiaue , , .
179. As indicated an Chapter I above (paragraph 14) the Special Rapporteur received
information containing allegations of summary or arbitrary. executions .fter biB
arrival in Geneva on 6 January 1983. This information was transmitted to the Governmen
of Mozambique ‘b r'no'te v&rbale dated 14 January1983 (annex v). As of the date of the
. .‘ cbmpletion of this report no reply was received; as indicatea in para raph 18 above
the Spe cial Eapporteur aclaiowledges thai the Government of Mozambique may not have been
able to reply in view of the limited time available. In view of the fact that the
aslegatlons in question concerned events alleged to have taken place prior to 1980
(see paragraph 71 ‘abbve) the 8 pe cial Rapporteur has refrained' from including in this
report a brief summary of the allegations received. ,
(nix) Namibia . , , . ,
As indicated in Chapter I above (paragraph 143) the Spe' ial Rapporteur received
information including information contained, in the report of the Ad Hoc Working Group
of E erts on southern Africa of the Commission, which was adopted by the Working
Group upon the conclusion of its meetings on 14 January 1983'. This infprmation was
transmitted to the Chairman of the Council for Namibia ‘and the ‘CbiIIisdiIIier' for
Naniibia by letter dated 21 January 1983 (annexes Viland VIII). As of the date of the
completion of this report no reply was received. However, as indicated in paragraph 18
above, the Special Rapporteur aclciotqledges that a reply would not be possible in view
of the lamtted time available. The following paragraphs give a short summary of the
allegations received.
181. Under the continuous presence of the South African authorities and their military
forces there were innu,xnerable reports of tiflings of thousands of civilians, refugees
and detainees, who were alleged to be supporters and sympathizers of the South West
African People's Organination (swApo).
tate 34
182. Incidents of indisc ijuinate killings were frequently reported, particularly in
the north and. northeast regions where the fighting between the SWAPO guerrillas and
the South African Defence Forces (Sffi F) was intense. There were extensive
indiscriminate killings of civilians of t m including women, children and old people
during raids on villages by the security forces.
183. Killings in “free—fire” zones near the northern border or in the curfew areas
were also reported. The phenomenon of “disappearances” became increasingly ommon and
the victims were thought to have been killed and this was supported by reports of
the existence of mass graves near the Angolan border. Arbitrary killings of
detainees held by S DF was also reported by former detainees. It was alleged that
there was in existence the Special Task Force of the police keown as “Koevoet' 1 which
allegedly was given licence to assassinate SWAPO supporters and drew up a “death list” .
184. OEere were an increasing number of reports of cross—border raids y SADF on
Namibian refugs camps located inside Angola, in which many civilians including
) women; children and old people were killed and whole villages were destroyed.
185. There were reports of indiscriminate killings by South African troops following
the raid. an icassinga in Nay 1978. According to various sources the camp was attacked
by the South African army on 8 May 1978, involving bombings and a paratroop attack, .
which left over 600 dead and 1,500 wounded. j/
186. Reports of a massacre whibh took place on 10 March 1982 at Oshikuku, a small
village in the North of Namibia, have thrown light on the key role of the para-
military police unit I evoet in carrying out atrocities. It would appear that up
to 12 people died, including a number of children. According to additional
information an inquest opened on the- case at the Oudangwa Inquest Court, which
heard an account from one of the survivors of -the massacre. The number of those
who died- in the-massacre was recorded by the Inquest Court as representing a total of
eight people. 7 ,/ , -
187. Arbitrary killings of detainees held by SADF was also reported by former
detainees. In this conx ection, the Com.J.ssioner of Police in Nanibia confirr3d
that two men arrested in the Kavango region in November 1982 had died within hours
) of being detained for questioning about the activities of SWAPQ'guerrillas. It
appears that the men were being held and interrogated by the special police counter-
insurgency unit, Koevoet. -
188. The news of these ]itest deaths in detwntion was received within hours of the
announcement by the South African Minister of Law and Order of a new code of conduct
for the police, ostensibly to protect detainees from torture and assault. j5/
j/ See E/CN.A/1485, report of the Ad Hoc Working Group of Experts on
southern Africa.
- g/ See E/GN.4/l983/lO, report of the-Ad Hoc Working Group of Ernerts on
southern Africa; - - - -
5J News Bulletin of DAF, Focus- , No. 44 Jan.—Peb, 1983. -
E/C IT.4/1983/Jii
pare 35
(ns ) Pakistan
189. As indicated in Chapter I above (taragraoh 14) the Special Rapporteur received
information containing allegations of summary or arbitrary exe cuti'ons after his -
arrival in Geneva on 6 January 1983. This information was transmitted to the
Government of P ki an by note verbale dated 14 January 1983 (annex v) As of the
date of the comnletion'of this report no,re ly was,received; as indicated in
paragraph 18 above the Special Rapporteur acimowledges that the Government of
Pakistan may not have been able to reply in view of the limited time available. In
vi w of the fact that the allegations in question concerned ev. nts alleged tobave
taken place prior to 1930 (see paragraph 71 above) the Special Rapporteur has
refrained from including in this re iort a brief summary of'th4'aU gations received.
. (rcci) Paraguay , , . .
)l90. As. indicated in Chapte,r I above fnfooeiatio'n received containing allegations of
summary or arbitrary executions in regard to specific countrias was transmitted to
the Government of Paraguay by note verbale dated 19 November 1982 (annex III); as
in the case of other Goveniments from iOEoII no reply was received'a further note was
sent on ‘7 January 1983 (annex It'). As of the date of tbd comnietion of this report'
no reply' was received. In view of the fact that the ‘allegations in ‘questibn concerned
events alleged to have taken place prior to 1980 -(see ‘varagraph 71 above) the ‘
Special Rapporteur.has refrained from ‘including in this report a brief summary of the
allegations received. ‘ . . . ‘
( ii) Phili'pnines , ‘ ‘ ‘ :
191. As indicated in Chapter I above, information received containing allegations of
summary or az bitrary”e5c 'cutions in regard to.specific'-countries, was transmitted
to the Government of the Philippines by note .ated 19' November 1982 (annex III); as'
in the case of other government 'T dib”jOEqm no reply was received, a further note was
sent on 7 January 1983 (annex ri). ,As of the date of'the .cocmletion of this report
no reply was received; the. following paragraphs give a' short summary of the
allegations received.
192. Summary or arbitrary xc buti&js attributed to goverpnexit' agents, such as the
Philippine Constabulary (pe) and the armed fotces andto paramilitary groups
allegedly operating 'ritW off idal ‘s i'ctioh, were reported to be taking place after
the lifting of martial law in January 1981. .
193. The occurrence of such killings was most prevalent in areas of armed conflict
where the Ne' r People ‘a Array (NPit), the armed wing of the Communist Party of the
Philippines (cpp), and Noro National Liberation Front (NNLF), the Nuslin
secessionist organization, were active; Victims were often accused of being members
of N f l or j ffi LF and their deaths were officially explained to have resulted from
“encount” between Government forces and ‘the' ‘armed opposition, It was 1l ged
tnat, in fact, many of the victina ware peasants, rural workers, local labour
organizers and Christian community workers in remote areas, . but some well-4mown
f igures were also involved. Different from the official exnlanation, it was
reported ‘that in some cases they were shot dead during peaceful gatherings or
demonstrations in protest against Government policies or demanding the Government t s
respect for their ri?hts and that in other cases they were arrested or abducted, ften
followed by torture before they were icilled. In all cases the victims were suspected
by the authorities of their ant —Government activities.
194. Even though investigation was said to he initiated in some cases of the alleged
killings, at was alleged that no final results of such investigation had been made
public nor was further action reported to have taken place.
E/CN.4/1983/16
page 36
(xniii) South Africa
195. As indicated in Chapter I above (paragraph 16) the Special Rapporteur received
information including infbrmation contained in the report of the Ad Hoc Working Group
of Experts on southern Africa of the Commission which was adcnted by the Working GroLt
upon the conclusion of its meetings on 14 January 1983. This information was
transmitted to the Government of South Africa by note verbale dated 21 January 1983
(annervl). As of the date of the completion of this report no retly was received.
However, as indicated in pargarph 18 above, the Special Rapporteur acimowledges
that the Governm it of South Africa was not able to reply in view of the limited
time available. The following paragraphs give a short summary of the allegations
received.
196. Under the Government's policies of aoartheid a large number of people, those
belonging to the majority African populition in particular, were killed over an
extended p riod of time.
197. OEere. were reports of indiscriminate killings by police during demonstrations
or rtrikes in colotIIed and black townships. People were killed by police action
whilst demonstrating against poor educational facilities and the increase in bus
fares. During these demonstrations or riots the police were reported to have
attacked with overwhelming power and to have opened fire indiscriminately on crowds
of unarmed black demonstrators and those killed included women and young children.
It was alleged that at least 121 adults and 20 juveniles were killed by the police
in the execution of their duties during 1981. .
198. According to information contained in the report of the Ad Hoc Working Group bf
Experts of the Commission on Human Rigi ts, the number of people shot and killed by
police in South Africa betweeh 1970 and 1979 ( excluding the many hundreds killed
during and after the 1976 uDrisings) was 1, 273. j/ Furthermore, the report contains
information to the effect that 355 persons were killed by the South African police
“in the execution of their duties” in 1980and 1981, categorized as follows: gj'
. . .
Whites
, . . Adults
Juveniles
I
1980
1981 1980
.
1981
2
2
—
.
Coloureds
23
28
8
4
Asian
,.
—
—
.— .
—
Blacks
125
121
20
20
199. According to further information before the Group “at least” eight black
mineworkers w re shot dead by police in July 1982 during protests against inadequate
pay increases in the Johannesburg goldmines. 5/
j/ E.CN.4/l983/10.
a/ Ibid .
5j' Ibid .
E/cN.4/ 1983/l6
page 37
200. The Working Group also reported on the increasing use of assassination and.
political terrorism by South African “security” forces, not only inside but also
outside South Africa.
201. OEere were many reports of deaths of political detainees. The detainees were
allegedly tortured during interrogation by the police which resulted in their death.
However, it was officially explained that they “hanged themselves”, ‘were “abot while .
escaping t ', “died of natural causes” or ‘!fell out of a fifth floor window”. Over .
50 persons officially “hanged themselves” whilst in detention or custody. No investiga-
tion :as reported to have, taken place to determine the truth of such deaths. - . .
202. During its mtssion of ,nquiry undertaken an July—August 1982, the Ad Hoc
Working Group of Experts on southern Africa received eviden on new cases of deaths
in detention during the year 1982. Besides Dr. Neil Aggett the following five.. ; .
p rsdns have died in security police custody since 1980: Saul Ndzumo ( J4eged1y, .
dead by “natural causes” on 9 Septe mber 1980); Sifundile Mat lasi (al)igedly fdund
dead by “self strangulation” on 20 December 1980); Nanana I qweto (causes .
undisclosed, dead, on 17 September 1981); Tshifhiwa Nuofhe (allegedly “beaten to
death” on 12 November 1981) and Ernest Dipale, (allegedly “found hanged in”his cell”
on8Julyl9 B2).j,/ - . . - .
(nxiv') SurinIIme . . , - -
203. As indicated in Chapter I above (see paragraph 14) the Special Rapporteur . ,
received information containing allegations of summary or arbitrary executions after
his arrival in Geneva on 6 January 1983. This information was transmitted to the
Government of Surname by note verhale dated 14 January 1983 (annex v). As of the
date of the, com'oletion of this report no reply was received as indicated in , : -
paragraph 18 above the Special Eapporteur acimowledges that the Government of Surin me
was not able to reply in view of the United time available. However, the .
Special RapporteLa' has taken note of a letter dated 11 January 1983 from the
Government of Surname relating to the allegations in question and reproduced in
annex I X below. The following paragraphs give a short summary of the allegations. ..
I. )recened. ‘ , ‘ : - . , . . .
204. It was alleged that in December 1982 at least 16 people and possibly over 30 ‘
were reportedly executed after they were taken into Government custody. The victims
were prominent citizens of the country including trade union leaders, la re't's and
Journalists, who were opponents of the regime of Colonel Bouterse. It was alleged
that they wereshot and killed. The Government reportedly said that :15. perso na , -
were shot while trying to escape after plotting the coup attempt OEe position of the
Government of Suriname is annexed in the document attached hereto as annex IX.
( cv)syria 1 ‘ . , . .:
205. As indicated in Chapter 1 above, information received coi taining allegations of,
summary or arbitrary executions in regard to specific countries, was transmitted
to the Government of the Syrian Arab Republic by note dated 1.9 November 1982 (annex III);
as in the case of other governments from whom no reply was received, a further note
was sent on 7 January 1983 (annex ri). By note verbale dated 25 January 1983, the , ‘
Special Rapporteur was informed that the note containing allegations had been trans . - - ,
ma.rted to the ap'ororr ate author ties and that the r reply voulct be communicated to
ban as soon as it was received. The reply of the Government of Syria ‘will b ,..
reproduced n sr i addendum to this report. The following paragraphs give - a short
summary of the allegations received. . . , . , .
j/ See E/CN.4/1485 and E/CN.4/1983/l0.
fl/rn-— 4/”i' 'fl ,
page 56
206. It was alleged that a number o ' executions took place after summary trials
by military courts. It was allege& *hat the achu ed persons were denied the right .
to defence as w 1l as the r i-bt' to appeal.-- It ‘was ieported that tortuII was
commonly employed on detainees before they were executed. : - -
207. It was reported on 23 April' 1921 that in the city f Hama the secbrit&' forces were
reported to have killed several hundred -people. kdc ing I I one source, the
Special nit sealed off tarts of Hama and ‘-b rried out- house—to—house eaz ches, .
dragged peotI fa 'om their homes, lined them up in the street and shot them. -
206. The victims of alleged summary executions' includ d doctors, engine ,' l wte'rs,
Muslin Brotherhood leaders abroad and Syrian and non—Syrian journalists in Lebanon
who had written articles on Syria.
209 It was ‘alleged that the death pen 1ty for the membership of the Muslin BrothIIrhoo&
has been interpreted, by the police to mean that police can execute without involving
courts. ‘ - - - . - - ‘ .. : ‘
(r i) Tha 1and : . : - . - - ‘ : ‘- - . ‘‘ ‘
210. As indicated, in Chapter I above information received containing a1legation ..
of summary or arbitrary executions I I regard to specific countries was transmitted
to the Government of Thailand by note verbale dated 19 Novembei 1982 (axte* flI);. .
as in the ase of other governments from whom no reply was received a further note
was sent on 7 January 1983 (annex iv) * As of the date of completion of this retort''
no xep1 wa received The following paragraph gives a brief sutnary of the
allegations received. ‘ ‘ - - - ‘
211. It was alleged that arbitrary kil1 ngs of civilians by member of the pan—
mi1itar r ‘unit t own as the Bangers frequently occurred. In one incident the
Rangers indiacrininate.ly fired on 300 people attending a funeral and killed ‘ .
11 persons. The Rangers we 'e allegedly 4.nstructed to eliimi ate a'Ieadint'communist
cadre re oi'tedly present at the funeral. In another incident the'EangeII robbed
vi11age sIIid shot four of them to death. In other incidents victims also' included
) communist defectors, a bus driver ad a policeman. As the Rangers were legally pro—
tected in their actions, legal action could rarely be taken against them. “
(xnvii) Turkey ‘ ‘
212. As indicated in Chapter I above information received containing allegations
of summary oz arbitrary executions in regard to specific-countries was tran mittedto
the' Gc ;e: ment ci' TT.r]zt y ‘by nc' ver a,Le dated 19 ifc'em'ber 1952 (Dnnex III). A reply
‘ L' .ar 1 E ' ;e r'r 4 rn ‘ v ti Stcc 1 Rt '-cn:..a :‘ ar
ci' thc i'ar't that th al1e2ttic-r : an auesi'acn c cn. rfl”c ve:itt
alleged to have taken place prior to 1980 (see paragraph 71 above) the Spec,iaJ, ‘
Rapporteur has refrained from including in this report a brief summary of the
allegatibas the i'er1yrecerJe ., . ‘
(xnviii) tJ anda - -
213. As indicated in Chapter I above', information received containing allegations
of summary or arbitrarSr executions ‘in retard to specific countries, was transmitt d
to the G vernment of Uganda by note dated 19 November 1962' (annex III); as in the
case of other governments from whom no enly was received, a further note was sent
on 7 January 1983” (annex IV). AII of the date of the completion of this report no
reply was received; the following naragraphs give a short summary of the allegations
received.
r
E/CN.4/l9f33/16
page 39
214. It was alleged that in 1981 political opponents of the regim in power and.
those who were suspected of being members of the anti—Government guerrila movaments
or their sympathizers were killed by the army. It was alleged that they were
killed. either upon arrest or after being detained. It was alleged that a large rumber
of detained, persons were secretly killed often by torture. It was reported that
between February—April 1981, 200 prisoners were killed in this way; if not killed
immediately, the condition of prisons was so harsh that many detainees died due to
lack of medical attention and. malnutrition.
215. There were also frequent reports of incidents of indiscriminate killings by the .
army in the areas where guerrilla attacks took place. It was alleged that village- s
including women and children were killed in reprisal for their alleged support to
guerrillas or simply for treating wounded guerrilla fighters.
/ (,00cix) Zaire . .
216. As indicated in Chapter I above information received containing allegations of
summary or arbitrary executions in regard to specific countries was transmitted to the
Government of Zaire by note verbale dated 19 November 1982 (annex III )'; as in the case
of other governments from whom no reply was received a further note was sent on
7 January 1983 (annex iv). As of the date of the completion of this report no rep3y'
was received. In view of the fact that the allegations in question con. erned events
alleged to have taken place prior to 1980 (see paragraph 71 above) the Spe:ia
Rapporteur has refrained from including in this report a brief summary of the
allegations received.
/c:N.4/l9 63/1E
p a ge
VIII. C O ITCLL'SIONS
217. From the information received, tht indications are that summary or arbitrary.
executions occur”on a wide-scale IIroughout the world. •.tn the last 15 years or so;
it has been pr ctisec1 in many coutitries and in a number of them in a consistent'
pattern. C6n eivative estimates would put the 1rnown victims of su iary or erhitrary
executions to' b at least twe million persons. The extent and occurrence of summary
or arbitrary x cutions could during thin period have been more widespread cvnsidering
the fact thatnot all cases re ibrted or iaiown. - -
218. Summary or arbitrary executions have occurred in all social, economic and
ideological systems' i ii nearly all parts of the globe. All classes of people, rich
and poor, peasants, t irhan workers p ofessicna1 classes, OEligious groups. and ethnic
minorities and majbrities, have been affected. OEe old, the young and women hrlle
aot escaped it. A factor cos on to all these vi'dtims is that they were in -
)ovposition or were perceived or imagined to have been in opposition either to those
“ who wielded political or economic power in the State or government or were perceived
to be iuovtosition to certain aspects of tneir political and economic policies.
219. ‘The IIenomena of suimnar f or arbitrary exeoutiois is tost prevalent in areas
where ‘thure exis' internaldisturb n es'. In so me cbuMries the internal armed ‘
con lict ensts betueen government forces and other gr'u s or between groups
esIIusing different ‘ideologies or political beliefs,, In the ‘sa me and/or other
countrie , states of em&r ency have been' declared suspendir all the constitutibnal .
iarantees for human rights. Summary or arbit a y execuUonS have been carried out
after a violent change of government resulting f om wars, iIIternsl armed donflicts,
revolutions or coups d' 4tat or after such attenots to change the government or
even where the attempt to change the governaen-t by constitutional means had failed.
220. Summary or arbitrary executions have also been prevalent in areas where
political tension exists and where a state of emergency has not necessarily been
declared. In this situationa summary or arbitrary executions have tended to occur
against targeted individuals who arc- parcetved to be the leaders of groups opposed to
government or just critics of the government. Where a number of persons have been
) arbitrarily ex cuted at one time, it has normally been during events such as
demonstrations, strikes or other forms of protest. :
221. OEere is a close relationship betueen summary or arbitrary executions and
violation of other human rights and in particular the right not to be subjected to
torture or to cruel, inhuman or degrading treatment or punishment; the right not to be
sLtb3ected to arbitrary arrest or detention; freedom of thought, conscience and
religion, the ri At to hold opinions without interference and the right not to be
discriminated against on the ground of race, colour, sex, language, religion or
social origin.
222. When in a country the law enforcement agencies atart using force disproportionate
to the legitimate objectivea to be achieved, mass arrests are made and persons are held
in custody incuinmuiiicado for weeks or months, allegations of torture are made,
warnings or ultimatums are given to opposition groups and the freedom of eroression
E/O IT.4/1983/16
page 41
is curtailed, disappearances are reported and the independence of the courts is
undermined, these are some of the warning signals that if summary or arbitrary
executions have not alieady taken place, they could start if the situation is not
arrested. -
223. Summary or arbitrary execution is clearly in breach of international law,
of human rights and international humanitarian law. However, although in most
States it is also clearly against the municipal law, the governments have co itted
summary or arbitrary executions irrespective of IIe provisions of their own laws and
even of their own Corjstitutions -
224. Governments have been extremely reluctant to investigate cases and where
found guilty to punish those law enforcement officers or civilians who have acted
with their authority, complicity or acquiescence who are guilty -of summarily or
arbitrarily executing persons. In fact in some cases- laws have been passed granting
such persons immunities from the acts they commit in “good faith”.
ri” n. ‘ i/ i y 3/ 1 :5
ra e -
fl. YiEC0Mv OEATI0NS
225. Deprivation of life is irre zooab1e the right to life is fundamental and
sacrosanct.. Its respect is essential to order and social progress — its nbn—respect
brings about and perpetrates conflict and disorder. Respect for the right to life
transcends all social, national, racial, political, religious, ethnic and other
differences. Summary or arbitrary executions are going on on a large scale throughout
the international community. This shows a serious erosion in the level of
acimouledgement of and respect for the right to life. This erosion in the value
of the right to life at the national level is hound to have an effect on
international order. The international counity must, as a matter cf extreme
urgency, act collectively to halt this erosion and to cia so by the adoption of
effective means such as the setting up of a mechanism which will react speedily to
threatened or imminent suimnary or arbitrary executions. it i important that high
riority be given to this preventive hspect of the problem and the involvemdnt
of Governments in this process.
226. It is also clear that parallel to the urgent adoption of effective preventive
measures, there should be a mechanism which monitors this phenomena and continues
to suggest. ; ay and means on how it can be eliminated altogether either generally
and/or in specif c situations.
227. Among the replies received by the Special Ranporteur was a suggestion that it
might be considered useful to amend the mandate of the Commission's Working Group
on Disapuesrances to cover also summary or arbitrary executions or to hove a separate
working grou on summary or arbitrary erecutions; it was also suggested that the
mandate of the Special Rapporteur should he extended by a further one year.
228. An appeal should be made to national governments not only to ratify
international instruments on human rights and in particular tha International
Covenant on Civil and Political Fights and the Geneva Conventions and the Protocols
hut to ensure that they are followed and enforced in their countries.
229. An important effort of education world—wide should be undertaken to ensure
.that the international standards are known and are applied. This should be aimed at
‘ all levels of society and in rarticular the police, military, judiciary, executive,
legislative. The international community should ,taunch a campaicn to create a world
oj in on against summary or arbitrary executions.
250. Although certain basic standards for determinin f arbitrary or summary executions
exist and are relatively clear, furIIer standard—setting work needs to be done in
the long term in some areas including:
1. Clarification of the definition of summary or arbitrary executions;
2. Clarification of Abe minimum substantial and arocedural ge arantees to
be observed by military, special or revolutionary tribunals durinz
:ouhlic emergency or situations of internal disturbance or tension and
the qualification and tenure of such tribunals;
E/GiT .4/1933/16
Pa& 45
3. Clarification on the conduct and use of the powers of the police
or other law enforcement agencies during events such as demonstrations,
riots and the exercise of the powers of arrest, and safeguards against
torture in obtaining statements or interrogating persons
4. Nini i.m standards of investigation need to be laid c1ct ni to show
whether a Government has genuinely investigated a case reported
to it and that those responsible are fully accountable9
5. Study of the specific ty es or patterns, for example, execution of
arrested persons or persons in detention, in order to define its
characteristics and conditions of operation more closely and to
determine aDpropriate national, regional and international standards
or other action to eliminate the problem;
6. Examination of the role and restonsibilities of groups other than
government for acts leading to deprivation of life in a manner
equivalent to IIat resulting from summary or arbitrary executions.
,&nnex I
page 1
: :
‘‘ ‘ EconoIIic and Social Coi ncil Resolution 1982/35:
Summary or arbitrary executions ; .
The Economic nd Social Council , -
Recalling the UniverIIal Declaration f Human Rights, which gua antees the right
to life, liberty and security of terson,
raving regard to the provisions of the International Covenant bu Civ -1 al& .
political Rights, in which, ‘it is stated that every human being has the inherent, .
right to life, that this right hall be protected by law and that no one shall be
arbitra ily deprived of his life, , ‘ . . . : : ‘ . .
Recalling General Assembly resolution 34/175 of 17 December 1979, in which the
, , Assembly reaffirmed that mass and flagrant violations of human rights are of special
) concern to the United Nations and urged the Commission on Human Fights to take timely
and effective action in existing and future cases of mass and flagrant violations
of human rights,
flirther recallans Commission on Human Rights resolution B (nni) of 16 March 1967
concerning the question of violations of human rights and fundamental freedoms in any
part of the world,
Mindful of General Assembly resolution 36/22 of 9 November 1981, in which the
Assembly condemned the practice of summafl executions and arbitrary executions,,
Bearing in mind , resolution 5 on extra—legal executions of the Sixth United Nations
Congress on the Prevention of Crime and the Treatment of Offenders,
Deeply alarmed about the occurrence of summary or arbitrary executions, including
extra—legal executions, that are widely regarded as being politically motivated,
Convinced of the need to deal urgently with the question of summary or arbitrary
, , executions, . ,
1. Strongly denlores the increasing nu mber of summary or arbitrary executions
taking place in various parts of the world;
2. Decides , therefore, to appoint for one year a special rapporteur to examine
the questions related to summary or arbitrary executions;
. 3. Requests the Chairman of the Commission on Human Rights, after consultations
within the Bureau, to appoint an individual of recognized international standing as
special rapporteur;
4. Considers that the special rapporteur in carrying out his mandate may seek
and receive information from Governments as well as specialized agencies,
i21tergover ept l organizations and non—governmental organizations in consultative
status with the Economic and Social Council,
E/CN .4/198 5/16
Annec I
page 2
5. Rec:uests the special raptorteur to submit a comprehensive report to the
Commission on Human Rights at its thirty—ninth session on the occurrence and extent
of the practice of such executions together with his conclusions and recommendations;
6. Urstes all Governments to co—operate with and assist the special rapporteur
in the preparation of his report;
7. Recuests the Secretary—General to provide all necessary assistance to the
special rapporteur; . .
8. Requests the Commission on Human Righto to consider the question of summary
or arbitrary executionb as a matter of high priority at its thirty—ninth sessio n
under the agenda item entitled “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”. .
E/CN.4/1983 /i6
hinex II
page 1
, max I . .. . .
Ecto orbale c'at:c; 17 SrteIIber 1 :&T2
The Secretary—General of the Uni ted Nations presents his comvliments to
and has the honour to refer to Economic and Social Council resolution 1982/35
entitled USuwmary or Arbitrary Executions”. A copy of this resolution is attached
to this note verbale. Ey this resolution the Council decided to appoOEt for one year.
a Special &.pporteur to examine the questions related to summary or arbitrary
executiops and requested the Special Rapporteur to submit a comprehensive report to
the Conitnissioi oh Human Rights at its thir ty—ninth sesSion on the occurrenceand .. .
erten'Eof such executions together with his conclusions and recommendations. , The..
Special Eap orteuz of the Commission on Human Rights .?ffl. S.'/tmos Wako, is in the .
process of preparing the report reouested by the Economic arid Social Council. The..
observations of his Excellency's Government on the subject mattei would be very
much appreciated. In add.itibn, any information in the possession of His Excellency's
Government tha t may be relevant tc this subject should be communicated to the ,
. ) Special Rapporteur and should, if possible, include the following pointst
(a) Inform ation and observations on the ocotirrence, extent and current trends ..
regardinc summary or arbitrary executions wherever they may have occurred or are
occurrLng.
(b) Information on constitutional, legislative end adjn'inistrative measures
which set out guarantees and procedures relevant to a decision to execute a person or
persons by the judiciary and special tribunals and courts such as military tribunals,
revolutionary courts, teotles' courts etc., including inter el la :
— the competence cf the courts, tribunals etc.;
— independence of the courts, tribunals etc.;
— uhether evidence obtained in a manner contrary to national and/or international
law is IImissahle;
— publicity of trials and veriicts;
— procedures and relevant substantive rules under states of emergency, exceptions,
siege, ari ed conflict etc.
(c) Information on constitutional, legislative and administrative measures which
set out guarantees and procedures relevart to a decision tc execute or Id,ll a person
Or persons by the executive, including l w enfcrcement agencies, members of armed and
paramilitary forces and other governmental officials or agents as well as infcrmation
on constitutional, legislative and administrative measures relevant to situations in
which executions or killings are probabie. ,
Such information could include inter alia ;
— rules concerning the auplication of force by the ececuti'•reend./or the bodies or
persons mentioned above;
— rules and procedures for the protection of detainees and otner persons in custody,
including the tcssibil!ty of holding detoinees and. other rersori in custody
incommunicado;
,
E/CIT. 4/1983/16 .
Annex I I
page 2
— procedures and relevant substantive rules under states of emergency, exception,
siege, armed conflict etc.
Cd ) Policies and measures taken to enforce the gt arantees and procedures set
out in (b) and (c) above. . . ,
e) Suggestions on the policies end measures that should be taken at the
internation l level to prevent sum xy and arbitrary executions .
The Secretary—General would be most grateful if any su6h infbrmation that may
be available could be fonraz ed to the Special Rapporteur on Summe or Arbitrary
Executions, c/o Centre for Human Rights, Uriited Nations Office at Geneva, by
12 November 1982, to enable the Special Rapporteur to complete his report to the
‘hirty—ninth session of the Commission on Human Rights, which is to take place at
tGeneva from 31 January to 11 March 1965. The Special Rapporteur would be grateful
if His Excellency's Government were to indicate if any of'the information provided
should be treated in a confidentIal manner;
The Secretary—Genera]. of the United Nations avails himself of this opportunity
to renew to .. . the assurances of his highest onsideration. .
B/C N . 4/1 98 3/16
Annex II I
.ANI IEX Ifl
Note rbal c ate . 19 iToxember l9 2
The Secretary—Generel of the United Nations presents his compli ments to ...
and has the honour to refer to Economic and Social Council resoluticu 1952/35
entitled “Summary or Lrbitrary Executions” &nd to his note verbale No. a/so 214 (33)
of 1” September 1982. Since the dispatch of the above—mentioned note verbale, the
Special Eapporteur on Su mmary or !;rbitrary Executions has received, information on
al1et e occurrences of summary or zn”bitrary executions from various sources. At the
re
E/DN. 4/2963/16
rv
i NFTEX I V
iTote erhale dated 7 January 1953
The Secretai r_General of the United. Nations presents his compliments to ...
arid has the honour to refer to his vote verbale No. G/SO 214 (3 ) of 19 Wovember 1983
addressed to the Ninistry of Foreiat Affairs of the Democratic Republic of Afghanistan
(copy attached) on the implementation of Economic and Social Council resolution 1952/35
sntitled “Summary or Arbitrary Execution&'. Documentation containing information
on alleged. occurrences of summary or arbitrary executions from various sources was
attached. to the afore—mentioned note verbale; the Special Ranporteur had. expressed
his wish to receive from the governments concerned any information or comment
relevant to these alleged situations in oz er h 0 enable him to make the most careful
and impartial assessnent of these aller ations.
As staied in the note verbale of 19 i 1ovember 1982 the Special flapporteur intends
o complete his study during the current month and he would wish, by the present note,
to reiterate that he is ready to receive any information relevant to the material
attached to the note verbale of 19 November 1982.
The Special Rapporteur wishes to inform His Excellency that he is at present
at the United Nations Office in Geneva in the course of completing his study from
11 to 17 January 1983, and will be available to give His Excellency' s Government
further opportunity to furnish any information or to make any representation that
His Excellency's Government may wish to communicate to him on the subject. Should
His Excellency wish to contact the Special Happorteur this may be done through the
Centre for Human Rights, United Nations Office at Geneva, Room D.2l7, extension 3964.
The Secretary—General of the United Nations avails himself of this opportunity
to renew to ... the assurances of his highest consideration.
E/CN.4/1983/16
Annex V
MOEIEX V
j ot dated 14 Jai i .ry 1963
T he Secretary—General of the United &tions presents his compliments to the
Permanent Retresentati e of ... und hr s the honour to refer to Economic and
Social Council resolution 1982/35 entitled “Summary or Arbitrary Executions” and to
his note verbale No. G/SC 214 (33) of 17 September 1982. Since the dispatch of
the above—menticneifi note verbale, the Special Rapporteur on Summery or Arbitrary
Executions has received informaticn on alleged occurrences of summary or arbitrary
executions from vanous sources. At the rec uest of the Special Ranporteur, the
relevant documentation is attached hereto.
In order tc enable him to make the most texeifil and impartial assessment of these
allegations, the Special Rapporteur has eruressed the wish to receive from the
Governments concerned any information or comments relevant to the e alleged situations.
Any information submitted by Governments in response to the present note and/or the
preceding note of 17 September 1982 on the subject—matter will be appropriately
referred to in the study. As the Special Eapporteur intends to coomlete his study
in the coming days he would be grateful if any information referred to above were to
be communicated to him c/o the Centre for Human Rights, United Nations Office at Geneva,
Palais des Nations, CH—l2ll Geneva 10 as soon as possible. The Special Rapporteur
will stay in Geneva until 19 Januer 1933.
The Secretary—General of the United Nations avails himse] of this optortunity
to renew to the Permanent Representative of ... the assurances of his highest
consideration.
E/CN. 4/1983/16
nnex VI
1OEEX VI
frote ‘,erbale ifiated. 21 Jsnua 1983 from the Secret j nenlto
the Governns it r f 3cui :frioa
The Secretary—General of the United Uetioto presents his compliments to the
Permanent Representative of the Republic of South .frica and. has the honour to refer
to Economic and Social Council resolution 1932/35 entitled “Summary or Arbitrary
Executions” arid to his tiote vefoale No. c-/so 214 ( 3) of 17 September 1982. Since
the dispatch of the above—mentioned note verbale, the Special fl: nporteur on Summary
or Arbitrary Executions has received informetion on alleged occurrences of summary
or arbitrary executions from various sources. At the reouest of the Special Rapporteur,
the relevant documentation is ttached hereto.
In order to enable him to make the most careful arid impartial assessment of these
egations, the Special Rapporteur has ernressed the wish to receive from the
vernments concerned any information or comments relevant to these alleged situations.
i .ny information submitted by Governments in response to the present note and/or the
preceding note of 17 September 1982 on the subject—matter will be appropriately
referred to in the sttdy. As the Special Rapporteur intends to complete his study
in the coming days he would be grateful if any information referred, to above were to
be communicated to him c/o the Centre for Human Rights, United Nations Office at Geneva,
Palais des Nations, CH—1211 Geneva 10, as soon as possible.
The Secretary—General of the United Nations avails himself of this opportunity
to renew to the Permanent Representative of the Republic of South Africa the
assurances of his highest consideration.
E/CN.4/1983/16
Annex VII
PJ/ 1 1 EX VII
Letter &ited 21 Jar:a 19&5 from the ssistant Secretary enera1 of the
United fraticns Centro for Humen Richtr to the ifiesident of the United Nations
Council for jTaIIibia
I have the honour to refer to Economic and Social Council resolution 1982/35
entitled Summary or Arbitrary Executions' and to a note verbale No. c/so 214 (33)
of 17 September 1982 (copy attached). Sine the dispatch of the above—mentioned
note verbale the Special Rapporteur on Summary or Arbitrary Executions has received
information on alleged occurrence of summary or arbitrary executions from various
sources.
In oHer to enable him to make the most careful and impartial assessment of these
allegations, the Special Bapporteur had expressed the wish to receive from the
Governments concerned, any information or comments relevant to these alleged situations.
‘!ny information submitted by Governments in response to the present letter and/or the
preceding note verbale of 17 September 1982 on the subject—matter will be
appropriately referred to in his study.
The Special Rpporteur received information relevant to his mandate concerning
Namibia. He is in the process of completing his study and would be grateful if any
information that you may have at your disposal and that may assist the Special flapporteur
in completing his report could be communicated to him c/o the Centre for Human Rights,
Palais des Nations, CH—121l Geneva 10.
E/CN.4/1 983/16
Annex VIII
ANNEX VIII
Letter dated 21 January 19-2 5 frc m the Lssistcnt Secretary—General of the
Uri&,iTati:os-C jTtTe for Euzo Ri:IIt2to the United Lfaticn2 Cc rissionar for Namibia
I have the honour tc refor to Economic and Social Council resolution 1982/35
entitled “6u ary or Arbitrary Executions” and to a note verbale No. c/so 214 (33) of
17 September 1982 (copy attached). Since the dispatch of the above—mentioned note
verbale the Special Rapporteur on Summary or Arbitrary Executions has received
information on alleged occurrences of summary or arbitrary executions from various
sources.
In oIIer to enable him to make the most careful end impartial assessment of these
allegations, the Special Rapporteiir had expressed the wish to receive from the
Governments concerned any information or comments relevant to these alleged situations.
Any information submitted by Governments in response to the present letter and/or the
I ! preceding note verbale of 17 September 1982 on the subject—matter will, be appropriately
referred to in his study.
The Special Bapporteur received information relevant to his mandate concerning
Namibia. He is in the process of completing his study and would be grateful if any
information that you may have at your disposal and. that may assist the
Special Rapporteur in completing his report could be communicated to him c/o the Centre
for Human Rights, Palais des Nations, CH.-l2ll Geneva 10.
E/CN.4/ 1985/l6
Annex D C
page 1
: H'
Ca2 Iu1CCATIONS FRG”I ‘GOVERNNEI'TTS ‘‘ .
Reaucnses tn notes ‘ .arbales dated 19 tTove fber 1982 7. a id14 Jaznar?t ‘1983
: . . : ‘ [ orig,inalY' Spanish]
rQTQZ O E . . “ ‘ :
. . . . . . [ 27 December 19521
OEe matter in cuestion COflOelts statement 3 made by Lmnesty .
International; which accepted as reliatle nrious ;*-so articles ques 5icnin ..
the methods used by the Artted Forces in theix efforts t6 mair]tain order.
These statements are now being repeated without regard for the fact that the
previous Government ‘public-it ahd thoroughly answered the' allegations, which were
held to be unfounded, and succeeded in bringing out the truth about what had
occurred. It should be also borne in mind that, as a result of these allegations,
officials of the organizatiop an question vere formally invited to visit Colombia
to enable them to assess the situation wsthout restrictions, thus demonstrat ng
how fa Colombia has developed as' a State in which the rule of law prevails. ‘ When
the visit was over, the statements made by the visitors, oncII they were outsj e the
country, did not accurately reflect the real situation. OEe Goveriment was thus
compelled ‘to' r pudiate the stateIIents in order to prevent Colombia's image abroad
from being'tjr'tished.. . . . . . . . :
‘ As OEi as the criminal activities of HAS and similar groups are doncerned, it
should be emphaSized that the Government is ma]d.ng every' effort to identify their
members in order to subject them to the full rigour of the law and receives the
‘ full co—operation of the Attorney—General and of the secret investigation services
of the State in this endeavdur. . . . . .
EL SALVADOR ‘
. . . . ‘ . , [ Or igira1: Sp nish ]
‘ ‘ ‘ . : ‘. ‘ : •, :‘ , ‘ [ io January 1983]
t OEe Government of El Salvador herewith submits observations and comments
on the informatioz cdnderning summary oi arbitra 'y executions transmitted to it
by the S ecial Rap'porteur. It informs him' that'it is in princitle opposed to “
the use of thiS material in report on the” subject, since the material ‘reflects' ‘
a partial, incorrect and fallacious approach which systematically distorts facts';
OEe Special Ranporteur'S attention is rawn to the f?dt that social henornenon
as complex as that which exists ‘in El Salvador cannot be objectively observed, ‘
on the basis of repbrts whose subst nce derives from biased and politically
motivated sources, from a unilateral viewpoint characterized by a camnaign of
disparagement and disinformation aimed at the gdvernment authorities.
E/CN ,4/1983/16
Annex D C
page 2
In El Salvador a courageous effort is being made to enable the people to
achieve self—determination in the face of foreign interests which are seeking
to intenene in the internal situation and which have kept up a long publicity
campaign at the international level in an unjust and malicious attempt to
attribute cottemptible acts to the Salvadorian Government.
Consequently, on this occasion, in order to avoid go ing into a lengthy and
detailed analysis, we express a general resenation and reject this documentation
since it is based on false and inaccurate information deriving from inadmissible
sources.
The Government of El Salvador is determined to undertake a process of .
social and economic structural change and a political process of c1emoc atization
whose ultimate objective .s to promote and defend the human personalaty, dignzy
and righ bs. To this end, numerous meastIIes notable for their profundity' ahd
) scope have been t into practice. . . : : . . : • .
In this cormection it is' absurd t .: tain th t, in order to achieve its
objectives,: the State is using methods inconsistent with thes values when one
of its goals is precisely to eradicate, the violence which is sadly afflicting .
IIe' nation, and thereby to consolidate peace, justice and th common good.
In' El Salvador violence is the framework which attacks are made dn
persons and property it is perpetrated by extremist groups whose anarchical
intention is to destablilize the State system by means of terror and the destruction
of the productive economic apparatus. In this situation 1 of which advantage is
taken by criminal and terrorist groups of both extremes, the Government is striving
to consolidate the rule of law. . ,
ccomDanying this desire to destabilize the Government are foreign presst'es
and actions, which take the form not only of propaganda and disinformation, but
also of material assistance tQ the extremist groups which ‘cerpetrate violence.
In this cbntext it is apparent that at the international level the campaign
: , : is seeking in a simplistic and global manner to attribute ‘violations of human rights
to members of the government forces. OEis is inherently absurd in circumstances
in which the facts have not been clearly determined, since it is imnoseible to
determine a Driori responsibilities in respect of the identity of the actual
pernetrators or the brains behind them. ‘
OEe Government of El Salvador wjshes to make it perfectly clear that it
rejects the very idea that one can' attempt to establish a pattern of violations of
human rights which attributes' to it, either implicitly or explicitly, summary or
arbitrary executions. ‘ . ‘
Rather, such an attempt reflects a diffuse and partial approach alien to
the efforts of the legitimately established, authorities to promote respect for the ,
law and to overcome the current difficult situation in El Salvador.
Consequently, the Government of El Salvador categorically rejects any
insinuation that in this country there have been summary or arbitrary executions iii
which it has acquiesced or to which it has turned a blind eye. Such imoutations
form part of the campaign to create a distorted image of the political process
rnder way in this country.
E/CIt.4/1985/ 16
Mmcx DC
nags 3
The Government erpresses its strong determination to tarry out the necessary
investigations concerning every case in which members of the government forces
are alleged to have committed any kind of action inconsistent with respect for
human rights, in order that justice and the rigour of the law shc.ll be
effectively and fully anplied.
OEis determination has again been evinced ffl repent. days through the
establishment and functioning of a Human Rights Commission, which has wide
powers and capacity cf action and is already carrying out its mandate'.
fl/Uh . 4/l983/1
Anne;: 1K
pace 4.
(;Tp TENLT A
. . [ 0ri :inalt Spanis}-]
[ 10 Jaimary 1955]
OEe coup d tat of 23 Narch 1982 was a response to the outcry of the
Guatamalan D ople, whose ardent wish it was to put an end -to a virtually intolerable
state of affairs caused by successive electoral frauds, lack of respect for human
dignity, the corruption that was common in high Government circles, the continued
and systematic violation of human rights, the moral and civic degradation of many
officials, lack of respect for democratic stitutions, the trampling underfoot -of -the
ethical and legal principles on which every civilized society is founded and the
resultant international isolation of the country.
OEe Government of the Republic which took over power on 23 March immediately
won the full backing of the people of Guatamala and the understanding and syvtpathy
of the international community because from the outset, it made a solei pledge to
respect the universally—recognized human rights, to guarantee their full exercise,
validity and observance, and to co—operate with the bodies which, at the
international level, guard and protect those values. .
OEe Government of the Republic has made very positive steps towards putting
those promises into effect. In terms of international action, for example, the
Inter—American Commission on Human Rights of the Organization of American States
was invited to visit the country for the purpose of verifying the human rights
situation on the spot and this visit took place from 20 to 26 September 1982.
At the end of their visit to Guatamala the members of the Liter—American
Commission on Human Rights made a list of recommendations, all of which have been
implemented, as far as possible. In particular, a court of second instance has
been set up to hear appeals from, or to review judgements delivered by, the
Special Courts whose legal nature, competence and jurisdiction is explained further
on. : ..
An offer was also made to furnish the United Nations Working Group on
Enforced or Involuntary Disappearances with all available information and to provide
it with all necessary co—operation for the performance of its mandate.
Lastly, in view of the decision of the United Nations Commission on
Human Rights to appoint a Special Rapnorteur to prepare a r ort on the human rights
situation in Guatemala, an offer was made to provide the person serving as
rapporteur with all possible facilities and co—operation for the performance
of his task.
At the local leve l,there was the issuance of the Fundamental Statute
of Government, which stipulates that respect for human rights is one of the
fundamental principles of Guatemala's internal structure and international relations.
r
E/CN.4/l983/l6
Annex EC
page 5'
OEe Statute, which is the highest ranking legal instrument in the State as now
organized, lays down, regulates and promotes human rights.
The parliamentary groups and death squads that were operating under the previous
Government have been disbanded.
Officials of the deposed regime in respect of whom there were reasonable
indications of offences having been committed have been brought before the courts.
A Special Office has been established within the Directorate—General of the
National Police to receive complaints about disappear d persons, with a view to
undertaking, to the extent possible, the appropriatu enquiries and to bringing
before the courts those responsible for criminal acts.' .
OEere' now exists a Couticil of State representative of all sectors of the
population includin for the first time in the history of the country;
) representatives from the vari&us indigenous ethnic groups that make up our IIation.'
We, as officials and employees of the civil service, have solemnly sworn an
oath to fulfill our duties honestly, efficiently and patriotically, and to make
greater efforts to further the progress of our country.
“ ‘ In addition, a campai a' is unde way to”regain our national identity and
eictoll the human, spiritual, moral and ethical values of our people. .
Hence, ther has been in GuatGmala, as from 25 March 1982, an effective oha ge
in all areas and there is not the slightest connection with earlier Governments.
It is therefore illogical, notwithstanding the legal continuity of the State, to
claim that' the present Government must' answer for events that occurred under those
administrations when' the events in ‘question are the very ones that forced the
change of government. ‘ ‘ ‘ ‘ ‘
Since, apart from the document referred to in aragraph 2 and entitled
Guaternaia: . massive summary executions in rural areas under the Gcvenzment of
General Efr in k i los I4ontt” the remaining documents refer to vents that occurred
under -previous regimes, no observations have been formulated regarding them and ‘
the Special Rapporteur is respectfully requested, for the reasons explained above,
not to take ,them into account in his report.
Guatemala has been facing the serious problem of subversive activities ‘ “
fostered, instigated, financed and supported from abroad.
OEe subversive groups have perpetrated a series of criminal acts in the form
of murder, robbery, kidnapping, blaclonail and threats, designed to sow panic and
aIarm” mong the people.
OEey also planned the physical destruction of the country by means of
sabotage and terrorism. For example, they started to dynamite bridges, electric
power plants, highways, municipal buildings, schools, health centres and telephone
installations seriously damaging the national infrastructure. ‘ ‘
Even the archaeological treasures of Tikal, which are part of the historic
and cultural heritage not only of Guatemalans but cf the whole of humanity,
Suffered from the actions of subversive terrorism.
E/CN ,4/1983/ 16
Annex IX
page 5
P rthermore, either by force or ‘by deception, they comp lled thousands of
peasants, to abandon thci home towns and zem in in the mountains, in an endeavour to
show that the su'oversive.factions had wide popular support. , ,, ,. . , , . -
In the interests of peace in Guatemala, the present ernment f theflepublic
grante& a broad and general amnesty to all, those persons who had participated in
subversive acts and guaranteed that no measure would be taken against them if they
laid down their arms. . ,
Many people took advantage of the amnesty decree, but a minority ii vo1ved with
foreign interests turned it down and went on comniitting abuses and offences ‘bf ‘all
kinds against people and their property.
OEe Government of the Republic, which has an obligation to protect the security
of all the inhabitants of the country, decided to declare a certain zone of the
h gh plateau, where subversive activtty was most lntense, an area of confl ct and,
using its' sec'urity forces, fought against the subversive factioS”that have caused
so much harm to Guatemala untfi it secured control of and restored peace to that
zone. - . ‘ ‘ . : . . .
The Government has also been compelled to introduce a state of siege, basically
with a view to applying it in the areas of conflict, since these areas have for the
past six month be h virtually at'war agaia2s subversion OEe state of siege has
had a minimal ffect on the people, sirIIe 95 per cent of th urban and ruIIl
population are fully engaged with their usual occupations and all the other
activities of the country are being carried on in the normal maimer. .
. In addition,. Special Courts have been created. OEese ‘operate in the ‘areas
of conflict and were introduced to try persaas who perpetrate terrorist acts and
those who commit serious offences provided for and defined in the'decree whereby ‘
the Special Courts were established.
‘OEe Special Courts hear the relevant cases in s'dmmary proceedings, the ,
accused being guaranteed the right of defenc at the trial and the assistance,
from the time of their first stateIIents to the authorities, of counsel appointed
by themselves or by the court. , , , . .
OEe judgements of the Special Courts are appealable, that is, there is a
court of second instance whose decision is final. .
To date, about a hundred people have been brought before these courts. Most
of them have been acquitted and -released after undergoing trial.
Only four persons who were proved guilty in all respects of the very serious
acts with which they were charged have been sentenced to capital ‘punishment; --the
sentence was carried out by firing squad on 17 September 1982. OEese persons
were Marcelino Manoquffl,. Julio Hern ndez Palomo Jaime de la Rosa Rodriguez and
Julio C4sar Vasquez Juatez, .
Apart from these ezec utions, which were carried out pursuant to a final
judgement ‘by one of the Special Courts, there have been no summary executions
in Guatemala.
E/CIT.4/1983/l6
Annex IX
page 7
The peasants who had been compelled by subversive groups to remain in the
mountains sought the protection of the national army. The latter received them
like brothers, setting up temporary camps where they were provided with immediate
emergency aid, mainly in the form ‘of food and medical attention.
Co—operation in this humanitarian task was provided by the admirable
Guatemalan Red Cross and the United Nations World Food Programme.
The Government of the R public sent to these camps medical personnel, nurses,
social workers and, in general, all the staj' f necesaary to help the peasants.
The thousands of peasants who returned from the mountains included men, .
women, old people and children — all of whom were in a pitiful state. ‘ The
deprivation and suffering of all kinds which they, had endured was . OEe
&ildren in particular were suffering from an advanced state of malnutrition and
from intestinal infections, eye diseases, tuberculosis and other kinds of ,
ailments. . . . . . .
OEe next step was to move the peasant families back to their homes after
cr3ating the “rifles and beans” programme. This consists basically of -.
. rganizing the peasants into “civil defence squads” and compensating them with
food for the work they do on rebuilding their' villages so as to ensure their
survival until they can begin reaping the fruits of their own plantings. .
OEe peasants organized into “civil defence sauads” defend their own lives,
those of their families and their land from any action by the subversive groups
IIich, in desperation'and in the face of their obvious defeat, still try to
maintain a presence by harassing and murdering the peasants. . . , ,
OEe most heartless and inaccurate statement contained in the documents
received is the assertion that the “civil defence squads” have replaced the
paramilitary groups that used to e d.st under the previous Government.
In view of this infamy; it must be made clear that the “civil defence squads”
are formed of peasants in their own localities, tbat their identity is perfectly
) established, and' that membership of the, squzds is fully registered and controlled;
. ‘ in addition to this the weapons at their disposal are altogether rudimentary,
Some even being made ‘by the peasants themselves. ,, , OEis is in contrast to the
pa amilitary bands and death squads: their members were unimown, operated in
masks nd disguise, were properly armed and, once they had committed criminal
acts, used to disappear with impunity.
OEe members of the Inter—American Commission of Human Rights', a number of
forei dignitaries and also journalists' and correspondents from international
news agencies have visited the areas .of conflict and verified the manner in, which
these civil defence squads, which are under the control of the national army,
we organized, as well as the success achieved in implementing the “rifles and beans “
programme. ‘
E/CIL4/1983/16
L ne:c IX
page 3
This year will see the implementation of a complementary programme to the
“rifles and beans” programme; it has been called: “home, fodd and. work”. Under
it the rural communities so hard hit by subversive action will rebuild th ir
dwellings, gather in their crops and enjoy the fruits of their endeavouII and
labour for their own benefit and that of their children in an atmosphere of
peace and security. .
In Guatemala, urban transport in the capital city used to be subsidized by
the State to keep the' fare down to five centavos (equivalent to 5 United States
cents). The Government used to pay out a sum of 15 million quetzals annu l1y
for this- purtose ‘- . -
The present Governrn@nt decided, to allow a fare increase so as to be able to
use the sum referr d to above on programmes and projects of direcb benefit to the
peasanh pcnulaoion in the high plateau area of the country. The inhabitants of
-- -) the capital have accepted the sacrifice of pa OEg double for the pride of urban .
transport because of the very lofty purpose to which that money will be delloted ‘
and beca use they a e c nfident that it will -be administered with the utmost
integrity . - - : - ‘ - - - - , - - -
For the reaso ns already explained above, the Government of Guatemala is “‘
not formulating comIIents or ob ervations on the documents entitled: -
“GuatenII.l Government programme of political murders”; -
Publication of the-International Commission of Jurists, The Review No. 28;
Information letter from Amnesty International, 1981 Amnesty Interiaational
press communiqud 12 October 1982. ,
Extract frbm the Amnesty International report of 1982 -
As regards the document entitled “Guatemala: massive summary executions
in' ‘rural areas, under ‘the Government of General Efr in Rios Montt”, the Government
of the ‘Rupublic reject the acdus tion it contains and in p rticular the
conclusion at which t arrives that there s no significant difference between
the pr 's nt Government nd previous ones, since the inteoeatio ml community has
received convincing troof tbdt, as.from 25 March 1982, there has been a change
in Guatemala in all areas and a ‘fundamental one so far as respect for human rights
is concerned. , . , , , , ,
It is clear that what i-:as waged in the high plateau area of Guatemala was a
war against subversive factions armed and supportII from abroad and that, as
in al]. wars,'IIere'were casualties':on both sides, including, inevitably, innocent
victims among the civilian pb-pulation whose deaths must weigh upon' th conscience
of those who instigated this confrontation. ‘ . , ‘ .
If there were massacres of peasants in some villages' and hamlets, they
were carried out by subversive elements to terrify the indigenous population so
that they would not refuse to provide them with food and other forms of co—operation.
To conceal their crimes and to be able to attribute them subsenuently to
the army, they used uniforms similar to those used by the armed forces.
‘-‘, , , “
E/C3iT.4/1983/16
Annex IX
page 9
In every subvetsive hideout that was located, the fins included, in addition
to weapons, bombs and propagar da uniforms like those of the army.
4s the. guerillas have been defeated militarily, IIe subversive leaders are
trying to retain influence in the political field. For this, they have tesorted
to a campaigu of international defamation against the Government Qf Guatemala,
making false charges against its security forces or accusing it of carrying out
punishable activities, the real perpetrators of which were none other than the
troublemakers themselves. : -
As proof of the-statement made in the-foregoing paragraph, a case, ‘one of
many of the same kind, is cited below: in December 1982, Nrs.Julia Esquivel .
complained in Brussels, Belgium, that on the previous day there had been a
massacre of peasants in Guatemala in the village of Juleque, municipality of
,)Dolores, Department of El Pet n. . . . . . .
OEe Government of Belgium requested its Ambassador in Guatemala,
Mr. Dieter 0.R..Naddens,to provide it with information about the matter.
After the Ambassador had visited El Pet4n, it was fully stab ished that
the report' was entirely false and that it was yet another lie by Mrs. Esquivel
who is employed by the forces of subversion to defame the GovernIIent of Guatemala.
As regards human ri ts, there has been a persistent tendency in international
organizations to give complete credence to the reports of bodies such as
Amnesty Internationsl. While such organs have a certain prestige the fact i :
that the majority of the complaints they receive come from interested and involved''
parties. OEey are nothing but complaints which are immediately given the stamp
of certainty and-regarded as the truth. : , , . ,
There is never any verification of facts or even any requirement as to
prima facie evidence. OEe statements and their arguments of the Governments
, concerned are dismissed without the slightest analysis, for there prevail throughout
) the treatment' of human rights political bias and sectarian interests that are
“ completely at'varience with the lofty nature and justic of that cause. ,
It should be kept very much in mind that subversion operates not only in the
military field but also in the. spheres of politics, diplomacy and publicity,
where in pursuit of its evil ends, it carries out an international campai of
disinformation and systematic accusations against the Government of Guatemala,
as part of a: structured plan to destabilize the Government and prevent the world
from imowing the true facts about the country.
It is paradoxical that the present Government of Guatemala (the only one
‘ in the country t s history to have taken a genuine interest in the indigenous.
population which, since it constitutes 70 per cent of the total number of
nIIabitants is in the majority) which is fully aware of their problems and needs,
wh ich continues to give priority in its plans to attending to and resolving, in so far
as possible, their most pressing requirements, and which hopes to include that
segment of our population in the benefits of progress and development, is the one
that is falsely accused of extrajudicial executions in rural areas.
E/D1Y .4/1963/16
Annex IX
page 10
Both in Europe and in Latin America it is recagiized that in Guatemala. there
has been a change in attitude , in aims and in Government philosophy, particularly
as regards respect for human rights.
The people, the Press and even the Government of the United States of America,
whose foreign policy gives t3p priority to the human rights question, likewise. ..
share in this international recognition, for there have been public stateme ts to
the effect that the human. rights situation in the country has obviously improved. .
It was on the basis of this conviction that the said Government voted in
favour of IIe granting of ;funds to Guatemala by the multilateral financing bodies,
action which had been oppQsed by previous administrations pursuant to the..
principle of not co—operating with Governments that violated humain rights.
As regards bilateral relations, the United States Government has resumed, its
aid to Guatemala in the fields of economic co—operation and technical assistance.
Guatemala is a country with deep democratic convictions which has faith
in the human values on which its institutions are based fcr this reasoh', it
confirms its unshzkeable..desire for peaceful evolution, in accord with the. rhythm
of the age through which the world is living for the benefit df all its . ,
inhabitants without any distinction, and for the same reason it vehemently rejects
the subversive movements,which are founded on hatred and violence and are, moreover,
very much in the minority and inspired from abroad. .
Lastly, I wish to point out that the Government ‘of the Republiq is ta1II g
the necessary steps to return to constitutional normality. , . , . .. .
To this end, 23 March 1963, only one year af er the assumption of vower,
will see the promulgation of the new electoral law ‘— the law of pblitical artie
and civic committees and IIe law of civil records. - .
Later on, elections will be held for a national constituent assembly wh itE
will have the task of drafting a new co stitution and, as a fiIIl. step, gener l
elections wtll be held fat :he posts of Pres dents of the Ropubl c and members
of the National Congress of Municipal Ma ,rors as well s for the other posts to be
filled by the people's votes, and power will be transferred to the person..who is
freely and democratically elected by the people of Guatemala in clean, mid6r pted.
and sovereign elections in which the popular, will is totally and absolutely ‘ .
respected. . :
OEe Government of Guatemala reiterates its decision and its undertaking to
continue in its line of conduct by fostering the full participation of the
indigenous population, which is in the majority in the country, in the ta 1 r of
decisions on national affairs and to respect and guarantee the. full,exercise,
enjoyment and' observance of the universally—recognized human rights.
I would request the SpeciaL;Rapporteur to include this d6cument in the report
to be submitted to the thirty—ninth session of the Commission on Human Rights. ‘
E/C1T .4/1583/16
lime:: fl
taae 11
HOiOETJ1 AS . . .
. . [ ori 'inal: Spanish ]
‘. . . [ 23 January1953]
1. The National Directorate of Investigations (Dill) denies having any
informatibn as to the whereabout of Roberto Becerra Lanza, Roberto Pine,
F4lix Martinez and Gent Perez LleiIIn, with regard to w iom the DU is
continuing its enquiries, with a view to shedding light on their cases;
2. The Court of First Militazy Instance of the Third Military Region,
based in the town of Santa Rosa de Cop&i, in the department of Cop n, has
instituted proceedings in accordance with the law against
sergeant Filiberto I. Miranda Villanueva and privates Satu.rnino Carranza Vasquez,
Elvin Ef rain Garcia and Daniel Garcia Ramfrez, against whom the appropriate.
detention:order was issued by the Comoei sion for the crimes of homicide
comm tte& dgainst the person of Doctor Oscar Augusto Gir6n Tovar and of
physical abuse and robbery committed against the person of ‘ . . . .
Miss Cynthia Lee Morine. The trial is following the prover legal course, ‘ :
and Miss Lee Home has a peared in court to give her evi6 nce on the matter,
as is fitting in a State where the rule of. law prevails. ,
OEDIA . . . .
. . , . . . . [ Original: Erialish]
, , , . , , “ . . . : [ 24 Janua ry 1953]
It may be emiDhasised that in terms of constitutional and legal provisions, in
India, full safeguards against summary or arbitrary detention/executions have”been
provided and' procedures established by law have to ‘be followed before the State can
subject an individual.to detention/execution. The judiciary in India functions as
the watchdog of the safeguards ,that have been provided against summary or. arbitrary
: , detentibn/execution. The Preamble of the Indian Constitution promises to secure
to all its citizens ‘ t J'ustice, social economic and political; liberty of thought,
expression, belief, faith and worship; equality of status and of opportunity '. ‘
Ftom this preambular concept flows the Chapter on Fundamental Bights in the ‘
‘ Constituti of Ind ia, and amongst the rights enshrined therein is the right to life
and personal liberty. . Article 21 of the Constitution of India provides that
person shall be deprived of his life and personal liberty except according to
the procedure established by law' 1 . Accordingly, the circumstances and procedures
Under which an individual may be deprived of his personal liberty (through detention)
or - 5 life (through execution of death sentence) are laid down in detail in the
Ind ian Penal Code 1860 and Criminal Procedure Code, 1973. Details of procedure for
B/CiT. 4L 98 3/l(
Annex ii
page 12
award ng or execution of a death penalty have already been forwarded vide our
earlier ijote of even number dated December 27, 1982, and we are now enclosing
further information relating to armed forces in India with snecific references to
the procedures for dealing with offences punishable under he Army Act 1950 and
the Navy Act 1957 (Annex i) As regards detent on, India is one of the few
countries which has enacted extremely progressive legislation providing ample
opportunity to the individual to safeguard Us liberty and to move judicial and
other authorities in this re$rard. An example of this is the. provision in the .
Criminal Procedure: Code for the grant of .nticipatoi y bail whereby an individual
arprehending detention may move the courts for bail; The relevant provisions in
this regard are appended at Annex II. /
12L.NIC REPUBLIC OP fl lT [ Original: EnElish / rench]
.. [ 17 January 1985]
TT' 1. The victory of the Islamic Revolution in Iran was a great defeat for those powers
which for many years under the previous, regime had free access to our natural and
economjc'3'esources and enjo red every facilit7 to erfioit this national wealth. ‘
Recognizing that, in the passing of the Pahiawi regime, they have lost not only a
faithful ally but also an accomplice in their political and economic interests the
Imperialists of the West have, from the very beginning, ma_ni u1ateci the delicate
structure ‘of the social heterogeneity of Iran to ‘imnede the achievement of complete
solidarity and their attent1o i has been esmecially focused on the tr ba1 peonies such
as Kurds, Turtnen, Bakhtiya is, Baluchis and. qashqais they' have ‘unconditionally
supported the anti—revolutionary eJ.ements who have been unsparing iii their efforts
to topple the present popular regime. It is certainly not a coincidence that all
communications regarding “human rights' problems in Iran come from either the
United States, Britain or France, the three main countries of asylum of a wide range
of anti—revolutionaries of all kinds, from rightist monarchists to leftist terrorists.
This whole phenomenon of complaints about Human aights should be seen in the light
of a campaign of propaganda on the part of these interested groups and does not
reflect to any extent the realities concerning ac—called “political prisoners” in
Iran. To our very deer regret this sort of scheme has, to some extent, been
successful in tho past and the anti—revolutionary forces htve mis—used human rights
“‘ organizatiohs as a ever for exerting political pressure. .‘ .
2. ‘We have read very attentively all annexes received from your office aind have
noted, without surp:cise, that the most detailed report comes from an organization
which is the forerunner of the terrorist groups in Iran. OEeSe reports which have
been signed by Hr. Hasoud Rajavi, the leader of the so—called “Council of .Hatidnal
Resistance of Iran” and who is also the leader of the terrorist organization called
“Mujaliedeen ilalcu Irar (hereafter referred. to as m:o), consist of a long list of
names of those alleged to have been executed. You will be interested to note that
it is this sane organization who first declared the so—called armed struggle against
the Islamic Renublic of Iran and has already assassinated many spiritual leaders
as well as hundreds of ordinary peo 1e.
The IrO who are cobnolaining about “summary executions and torture” have
unfortunately forgotten (as all liars are forgetful) that they have so often claimed
rnbnonsi'oility for bombings which lead to the martyrdom of many of our high—ranking
officials and ordinary people. The declaration of Hr. Bani Sadr, so—called President
of the National Resistance Council, was in fact not unprecedented when he said, in
an intervier with an Italian reporter, that “terrorism is necessary to overthrow
The documents contained in the annexes are available for C.CflCUltEii.Ofl
in the Secretariat.
r
E/Ci7.4/1985/1 6
Annex D C
rage 13
IQiomeiny's regime” and, during the first year of the victory of the Revolution
they were the main political group urging revolutionary executions. . . :
It is ironic to not's that the snoicesman of the same organization which has
submitted complaints retarding “Human Rights” to the Human Rights Commission has
‘announced with tride, in Paris, that, the HKO has been able to increase its
anti—government and t sri orist activities in Iran to the level of a hundred attacks
per week as an average. As a close examination of any off cia1 bulletin of the
NXO, chosen at randbm, rov s, this br snization has designed and orchestrated a
systematic program of terrorism to overthrow the present Islamic Regime.
No puroose would be served in bringing further documents as proof of the
hynocrisy of such tendrisf grouts. It is suffi'dent to draw your attention to
the numerous random street e losions which have resulted in the deaths of so many
innocent people. . .
3. Bearing in mind that the Islamic Republic of Iraa Judicial system is a
two—tiered system, and that the slami,o Revolqtionary Court of Appeal, established
by Decree of Imam OEomein ' has' full authbrit r to approve or reject inferior court
decisions, we would like to clarify a few points in connexion with the procedure of
revolutionary courts. There is, in fact, a long distance in time between the
arrest of the accused and,'the:p3eparat6ry.inv stigations of the court, the issue of
the indictment, the inquiry by the court, the verdict and the revision of the
verdict. The above—mentioned prdSdure is al 4 aays pursued under the supervision of
competent judges. Regarding the establishment of Revolutionary Courts of the
Islamic Republic of Iran, the following provisions guarantee a fair judgeII nt, under
revolutionary circumstances, as follows: . .
Article 2 . :
The following criminal acts come within the competence of the Islamic . .
Revolutionary Courts: , “ .
: (1) Murder and massacre directed towards consolidating the Pahlavi regime
or repressing the struggle of the Iranian pe6ple, committed either by ord ring•or
by perpetrating the acts; . , .
(2) Imprisonment and torture of the struggling people (militants), either by
ordering or by pernetrating the acts;
(3) Important economic offences, i.e. the misappropriation of public funds
and, the squandering of national wealth to the ‘benefit of foreigners;
(4) Conspiracy against the Isl a mic Republic of Iran by recourse to arms,
terrorism, the destruction of public buildings and spying on behalf of foreigners;
(5') Armed robbery,rape aII the ‘production, irunort and distribution of narcotic
drugs. ‘ ‘
E/C'I't. 4/198 3/16
Ar_flex DC
tage 1L 1
ReIIarks
Any other criminal act which is not covered by the above articles is outside
the competence of the Islamic Revolutionary ‘Cou 'ts and will be dealt with by the .
orditry or military courts. ‘A Revolutionary Court is set up With2fl the jurisdicti 0
of each Islam...c revolutionary oli. prosecutor t s office. The court mignt, if
necessary., have several sections ‘anifi, in such n eventualIty, the president of the
first s cUon is responsible for submittin case file te the ether sectioiis.
jkrtjcle 4 . . . .
. The. Revolutionary Court is ‘corn osed of three full members II.nd two atteri'ates.
The fuli ‘memberII ai e the foflowing: . . .
(a) An Islamic judge designated by proposal of the Council of the Islatc
Revolution and with the approval of the Imarn; .
: (b) An ordinary cou t judge (I ini tit'o Justi e) desigtat Jrthe Izi tc
judge,
. . (d) A,person worthy of he confidence of .the',people and onscious df the
lnmeratlves of the Revolution, designated by the Counc l of the Revolution or by a
person designated oy the Counc.l for th s purpose.
Remark'iTo. 1 , ‘ “ . , . . . . . .
The alternatives will be selected from persons possessing the qualifications
set forth in article 4. . .
Remark No. 2 : . , ,
No member of the court may be under 30 years old by the solar ‘calendir. ‘
? .‘ Rstnarkyd. 3 ‘‘ . . ‘ . . . .
As soon as the full members have been appointed, the court may proceed with
l b S bc.sk.
Article 6
The indictment zmst be communicated'i.n writing to ths defendant or to his
lawyer at least three days before the court meets.
Article ? , ‘ ‘ , ,
All defendants shall be entitled t 0 designate a lawyer of Iranian nationality
tossessing a Imowledge of Islamic legal matters and criminal law. ,
Article 3 — Remark
The court must allow the defc-ndant and his lawyer t least 15 hours to plead.
Article 2 — Remark No. 1
A hearing is public unless the president deems it necessary to declare that it
shall be in camera .
E/cFr.4/l9 53/lE
Annex D C
page 15
Article 10 .
The text of a verdict rendered in absentia shall be made lmown to the defendant
through its publication in a newspaper t ith a wide circulation. The absent
defendant may challenge the verdict within a eriod of 10 days. . The decision of
the court after the said protest has been heard is definitive and enforceable.
Article 11
kfter reading the indictment, and hearing the defence of the defendant and of
his lawyer, the court may undertake any verification (investigation) it may deem
necessary in ora.er to establish the facts of the case, in accordance with the
precepts of Islamic law. ‘ If omissions and defects are discovered in the file, by
order of the president of the court, alter deliberation, the verdict will be
reninr t in conformity with the criteria and principles of Islamic law. Only a'
verdict which has received a majority vote, including the vote of the President,
is considered to be valid.
Remark No. 1
If such a majority is not obtaiaed, two other Islamic judges will be appointed
to the court, after which the decision taken by the majority will be valid.
Article 12 — Remark
In the event that a convicted person possesses no legitimate assets,
responsibility for the legal maintenance of his dependents will, in accordance with
the opinion of the court, be made by the State.
Article 14 , .
In order to supervise the satisfactory operation of the Islamic revolutionary
prosecutor's offices throughout the country, a central prosecutor's office is
established in Tehran.
Article 15 . . .
The Islamic revolutionaa'y prosecutor's office shall be assigued a prosecutor and
a sufficient number of examining magistrates and prosecuting counsels. The chief
prosecutor and the revolutionary public prosecutor may be assisted by a sufficient
number of alternates, deputies and administrative staff.
Article 21 .
The examining magistrate shall discharge his functions on his own or, if
necessary, in the presence of a prosecuting counsel; he shall inform the prosecutor
of his opinion concerning the guilt or innocence of the defendant. The indictment
shall be issued by the prosecutor if the latter agrees as to the guilt of the
defendant.
In the event of a difference of opinion between the examining magistrate and
the prosecutor, the court will decide.
- - ,
Annex IX
lie lo
4kTtiClC 26
Decisions concerning arrest (arrQst - arrant) or diSissal of troceedings, which
invariably fall within the ‘coIIpet once of the examining magistrate, must he, reported
to the prose cutoi. In the evedt of a disagreement in this egard between the
examining magistrate end the prosecutor, the Islamic. judge of the court shall decide.
Article 52 -
‘‘ The defendant must be notified: of sentences, by appropriate methods; the
prosecutor shall order the sentencesto be carried ‘out.', Sentences involving canita l
punishment t ust be brought to the attention of the chie t f' revolutionary nrosecutor
10 avs onor to the date of orecution dcr ng tint pertod, the convlctec person's
family must be allowbd tci visit. The entence should be carried out, whenever
possible, in the l6cality where the crime was committed.
As stipulated by Article , in case it would be necessary that witnesses, experts
and informed authorities attend the court, they shall be summoned to the court and,
also, as stipulated by the Article 32, the doath sentence issued by the o ipetei t
courts and approved by the Revolutionary Rich Court of Aupeal established by Decree
will he executed, after 10 d ys during whidh tim tile bondemued may visit his family.
As provided by Article 22 of the Constitution, “Respect for life, property, .
rights, housing and occupation of people are unviolable unless the law prohibits
otherwise'. .
. These laws are in fact amon penal statutes carried out by the judicial
authorities, prosecutor's offices and R volutionary Courts and each of these legal
institutions is equinped with regulations based on which they inquire the relative
crime cases hefors them. . . - -
The Islamic Revolutionary Guard anti disciplinary authorities imnlement the
orders of judiciary authorities.
According to rt lo 31 o2 th3 3egulat ons of une Revoluc:onary Courts, the
Guaras have not tne right to arrest anyone w2.tnout iegal summons. They also have no
right to enter pecple's homes or to confiscate their pos sessions without the
prosecutor's n itten permission. The same law provides that in the case of any
violation boing committed by the Guards, they shall he dismissed by. order of the
re ;olut1onary prosecutor and if any Guard's action is considered a crime, he will be
r)rosecuterl by the prosecutor's office. The article provides also for the guarantee
of people's freedoms. If the accused is an ordinary Governmental emnloyee, he or
she shall be summoned and deta:Lne'5 by the rtevolutione.ry Prosecutor's Offices with
previous knowledge oi the perscn ramnug above lam/her. The secona suDparagraph
of the montio ed article provides that if the accused is among the staff of the . .
iilitary or disci linary forces or if 1:e/she hold significant political . or
administrative position, he/she shafl be summoned and charged only after the approval
by the conce ed commission and with previous knowledge the person rankin above him/he
The most significant backbone for the independence of Inn's judiciary
institutions, in addition to i-ales end regulations, stipulaled in the Constitution
and the rales relative to the Courts, is the Sut,reme Judicial Council which, as
provided by the Article 158 of the Constitution, consists of the most outstanding
and pious judicial authorities and jm.is rudeitts who will cupervise the judiciary
system of the Islamic Republic of Iran.
r
H/C u .4/198 5/16
Annex D C
page 17
4. A report bf the W O!s Terrorist Activities, Massacres and Bombings
The following is a partial list of counterrevolutionary activities, randomly
selected among sqrne of the Major Terrorist Activities of the Counter—revolutionaries
and Nunafiqeen in the Iranian Year 1360 (1961).
March 30: The assassination attempt on Ayatollah Rabani Shirazi, one of the
members of the Guardian Council.
April 4: The religious judge of Shahreza escaped an assassination attempt.
April 5: One c1e gy in Isfahan was assassinated. .
.lspril 6: The Commander of the Central Province Committee was attacked by
armed men. . -
April 26: An explosion by the counterrevolutionaries left 7 martyrs and
. . 45 injured in Kerman' s Azadi Square. . ,
May 6: The body of a Bandar Abbas police officer was riddled by 19 terrorists'
. bullets.
June 8: . The Shomal Textile Factory was set ablaze by counterrevolutionaries,
and millions of rials in damages were sustained.
June 21: The Deputy of Educational Affairs of the Sages Educational Department
was assassinated.
June 24: ‘ A bomb explosion in Qom' s railway station resulted in the martyrdom
of 6 and the injury of more than 50. ‘
June 27: The terrorists attempted an assassination on the life of Tebran's
Friday Congregational Prayer leader, Mr. IIIamene' , in the
Abuzar Nasjid after noon prayer that resulted in. the paralysis of his
right hand. Hojatolislam lIIamenei is at the present, the President
, ,. of the Islamic Republic. .
June 28: The erolosion of a bomb planted by.the.bypocrites in the-Central
Headquarters of the Islamic Republic. Party Headquarters in Tehran
resulted in the martyrdom of 74 of the ton leaders of the country,
the Chief Justice of the Supreme Court, Dr. Beheshti, ministers and
representatives of the Najlis.
July 2: l4uhaoemad. Mat chui, a warden of Evin Prison, was martyred by a hypocrite
who was goaded and guided by Muhammad Reza Saadat, an 1flC0'leader.
July 6: The Governor—General and a Deputy—Governor of Gilan were bullet—riddled
by the hypocrites and martyred.
July 10: Kulla Ali Jalilzadeh, one of the committed c1er r of Sanandaj and
his son were martyred in an armed onslaught by the hypocrites.
July 11: Two clergy yore assassinated in Sanandaj. ‘
p
/cN.4/l 3/l6
Annex D
page 18
July 14: An unsuccessful attempted assassination of the Revolutionary Prosecutor
and a religious judge of Sari. . . I L. ‘ .
July 152 Forty million rials of the Public Treasury were turned to .shes in the
burning of the Reconstruction Jhad waIIshouse in Tehran.
July 21: The Chief of the Divan—Dareh Department of Education was assassinated j
his home. . . . . .
July 23: A hand grenade was thrown at the Blood Transfusion Organization.
July 23: Attempted assassination on the Iqlid people t s candidate in the Islamic
Consultative Assembly.
July 24: American agents martyred 13 Islamic Revolutionary Guardsmen on “
Presidential Election day. . ,
July 25: . The assassination of Hojjatoleslam Eeheshti, the Chief of Isfaliants
Islamic Revolutionary Court and the candidate for a seat in the Islamic
Consultative Assembly along with his 11—year—old nephew. ,
July 25: The inspector of the 13th District Committee was assassinated. ,
July 25: The' doctor in charge of the Guardian Corps First Aid Team was: martyred
by the FUCO terrorists. .‘
July 26; The Terrorists ‘martyred two police bonstables. ,
July 26: OEe hypocrites martyred a reporter of ICayhan International and a member
‘‘ of Martyr Moffateh's Committee. ‘ .
July 26: An unsuccessful assassination attempt was made on the life of Gilan's
. provisional Governor—General. . ‘ .
July 27: . The brother—in—law of a Karaj. representative to the Islamic Consultative
Assembly was assassinated. , .‘ . . ‘ . ,
July 27: A grenade thrown into the house of the Governor of the city rf Rezvan
injuring him and his wife and. his 12—year—old sister.
July 27: A bomb explosion at Tehran t s Eughelab Square resulted in the injury
of s veral passersby. .
July 27: e i-Ianager and Deputy of the ETowroozmehr Dam, near BuJ.can, were martyred.
July 28: It hand grenade was thrown into a zi:'1s'high school in Tehran Pars.
July 28: Anassassination attempt on the life of Icermanshah's Friday Congregational
Prayers leader was made. This 32.-year—old prayer leader was assassinated
a year and a half later in a grenade erolosion set by MICO's terrorists.
July 28: Th armed attack on the house of Hojjatoleslara Nesbab, a prominent figure
at Qom's theological center.
E/CN.4/1983/16
Annex DC
Dage 19
29: Five Revolutionary Guards ; ere assassinated in Tebran.
29: Hojjatoleslam Kamiab, the Mashad Denuty of the Islamic Consultative
Assembly was martyred by the hypocrites.
30: The acting Islamic Revolutionary Prosecutor of Tabriz was assassinated
by the hypocrites.
July 30: Hojjatolesla.m i4ir Shahloo escaped an attempted assassination carried out
by the hypocrites. . ;
July 31: The attempted assassination of •a Prime Ministry representative in the
trading affair committee proved unsuccessful.
August 1: In an armed assault on the house of Dr. Taheri in Shiraz three membei's. :
of• his. family were martyred.
August 1: .The assassination attempt on the life of an executive of the Educational
Department of Bushehr was unsuccessful. .
August 3: A bomb eroloded in front of the Pasteur Institute in Tehran, resulting in
the martyrdom of three and the injury of two innocent persons.
August 3::, Attempted assassination on the life of the investigator for the IsiSic
Revolutionary Court in Araic. :
4: Rojjatoloslam Daneshjoo was martyred in Kazeroon.
4: The Public Relations Officer of the Islamic Revolutionary Guard Corps
: in Isfa.han was martyred by the hypocrites. . .
. . . August 4: Hassan Ayay, a rep sentative in the Islamic Consultative Assemily was
. . martyred by the hypocrites while coming out of his house. .
August 4: A bomb blasted the Kuwaiti market place of Kermanshah, in which 14 people,
including two children lost their lives.
August 5: The hypocrites made an assassination attemt on Hojjatoleslam Hassani, an
Islamic Consultative Assembly deputy, his. son and. bodyguard all of whom
fortunately escaped. . .
August 5: An attempted assassination of the Shahrood governor proved unsuccessful.
August 6: An attempted assassination on the life of Hojjatoleslam Farzsneh was !
thwarted.
Augu t 7: An assassination plot against Hojjatoleslain Jalali lIIomeini was thwarted.
August 7: A grenade was thrown at the Martyr Foundation building of Machad.
August 8: The cowardly assassination and martyring of Hojjatoleslam Sheikh Ahmad Paqihi,
the religious judge of the Islamic Revolutionary Court in Fassa and Johrom.
July
July
July
( August
August
B/G IL 4/ 1985/16
Aimex D C
page 20
August 8: A bomb explosion in }Cennanshah resulted, in the martyrdom of 14 and
the wounding of 30 imiocent people. “
August 8: The Islamic Revolutionary Court investigator. of Arak was martyred.
August 8: The hymocrites martyred the Chief of the Islamic Revolutionary Courts
of East ]?ars Province. .
August 10: Roj,jatoleslam Isfahani was assassinated. .
August 10: Mr. Norteza Said, Bank Nell! emDloyee was assassinated.. .
August 11: An old man had gne to Nashad to visit his injured son and tle
there was martyred;.. ;
August 12: Eajj Baha—e—'din Araqi, the Ima.m of Congregational Prayer of one of
the mosques in ICerman and his bodyguard were martyred. .
August 13: A grenade exnloded in front of the Pars News Agtcy building.
August 15: A bomb was thrown at Pars Net's Agency.
August 16: . Attempted assassination of Hojjatoleslam Sabouri in Ahwaz.
August 16: Eojjatoleslani Towhidi, one of the combatant ulema in Babol was
martyred. ‘. . . . .
August 16: The home of. Iran 1 s Prosecutor General, ‘Mr. Rabani .Slashi, was ‘ ..
attacked by 16 persons. .
August 18: Minister of Commdr.ce,': Mr. Asqar Ot'rlad was shot at while coming out
of his house and escaped.
August 27: The. Cbristinns representative in the Parliament was attacked in Tebran,
‘he could escape but 11 pedestrians were injured.
August 29: In Borujerd, the hands of a bookseller were', cut off because he sold
the books of the Imarn, and his shop was put on fire.
August 30: The enlosion of an incendiary bomb which had ‘beeji planted by the
hynocrites in one of the Prime Ministry conferenb rooms ‘resulted in
the martyrdom of the President, Raja'i, and the Prime Minister,
Dr. Bahonar. ‘ . .
September 5: A Molotov ‘cocktail was thrown at a bus. .
September 7: Ayatollah Quddousi, the Prosecutor—General of the Islamic Revolutionafl
. . courts was martyred by the explosion of a bomb plahted' in his tffice ‘
by the hypocrites.
September 10: A terrorist hypocrite martyred Ayatollah Nadani, the Tabriz Friday
. Congregatibn Prayer leader, ‘along with six others. . ‘ . .
E/CN .4/1983/16
Annex DC
na e 21
September 11: Two. grenades were thrown i?rto the crowd of. people of Langroud. rejoicing
the victozy of their soldiers over the Baath.ist forces.
September 14: The attackers set two public buses ablaze. .
September 17: The terrorists attacked the mobilization headquarters of
. .Ghaemshshr at nigiit and assassinated or injured. 14 committed young men
in their sleep. . .
September 19: A bus was set ablaze by the hytocrites.
September 27: Hojjatoleslam Abdul Hossaini, the supervisor of the Martyrs Foundation
of Lorestan, was martyred in IChorramshabr.
September 27: Nine public buses were burned inTebran. Twenty innocent people
were rtyred.
September 27 A .hytocrite martyred Rojjatoleslam Hashem.i. Nejad, the Secretary of the
Islamic Republic Party of Korassan Province with a grenade.
October 1: The Chief of the Gendarmerie station of AT& t was martyred by four
. for ign mercenaries. . . .
October 1: The h ocrites opened fire upon the reople in Gorgan and martyred
. three innocent persons. . . . , . .
October 4: The hypocrites injured two orphans in C-organ. . .
October 4: As a result of an explosion in Sanandaj, 35 persons were killed and.
. . injured. . . .
October 7: In the explosion of a hand—made grenade in a supermarket in Shiraz”
one person was martyred.
October 15: A ib1ic bus' II s t ablaze by th 9 ocrites. ‘ . .
October 17 The nypoenues set a publi'c bus aolaze an Slnraz. 30 were anjured
and two childzen wez burned alive. . . .
October 17: The' plot for' burninc 400 public buses was foiled. .
A List of the Terrorist Activities of the Enemies of ‘the Islamic Revolution
in Iran for the Yew 1979—1980 .
April 25 General Qarani, the Joint Chief of Staff of Army of the Islamic ,
Republic of Iran was martyred in Tehran by three members of Forqan
Terrorist Group.
May 2: Ayatollah Mutahari, the nhilosopher and the Chairman of the Isla mic
Revolutionary Council of Iran was martyred by Forwan terrorists.
May 21: As a result of an assassination attempt on the life of Hojjatoleslam
Hashemi Rafsanjani, he was wounded end hospitalized fdr several days.
E/CN.4/19 35/l6
Annex OE
page 22
July 7: Muhammad Talc! Hajj Tarichani, the founder of the Quba Masjid in Tebran
was martyred by a number of assassins.
August 26: Hajj Mehdi Jtraqi and his son were martyred by assassins on
motorcycles.
August 26: Ayatoliah Qazi Tabatabai, Imam' a representative and Friday Prayers
leader of Tabriz was martyred. . .
December 18: The supervisor of the Theological Faculty, . .
Ayatollah Dr. OEIIammad MuSateh, was assassinated by Forqan members
. . . and achieved martyrdom. . . . ‘ : . .
October 7: Engineer Babrainian, the Chief of Isfahan Central Co ittee was
. ass .ssinated and martyred. .. . . . . .
March 22: Counterrevolutionaries exploded a bomb in front of
. . . ‘ ; . , Ayatollah Musavi Arde'bili s hoias , attempting an assassination OIL
his life. . . . . . . ..
‘ laid last but not. least the martyring of several guardsmen and members
of the Reconstruction Crusade in Tebran,. Kurdestan, Naluchestan and
, , Pars Provinces during the two years.
... This is the report of the “popular” activities of a group who under the mask
of suDtorting the masses have gathered a number of youths and une erienced children
around themselves and. stain everyday their hands with the blood of the dearest
and brayest children of these heroic masses. .
It is appropriate that the reader ponder these lines and ask those who falsely
accuse the Islamic Republic of executing the “How old are the children of the
Jihad and Basij who are killed by these savage grouplets?” .
A Sunmax v of Terrorist Activities from June 15 to Sentember 27, 1981
A. The slawtter of under—age children rangin g from sucking infants to ii year o
. ‘ youngsters, whos only sin was having Muslim Darents : .
From June 15 to Sebtember 27, 1981, 10 innocent children were martyred by the
people's splinter, groups. . . .
1. Two babies i c r n artyred in a bo& exiosion planned by counterrevolutionazy
groups (Kayhan, June 22). . . . .
2. The nephew of Sayyed Hassan Beheshti was martyred during an armed raid on the
latter's house by the mercenaries of the Dnited States. (Ettela'at. July 25).
3. In an armed raid launched by the Munafiqeer. 6the i'flCO members) on four
ned strian , an infant was martyred (Ettela'at,. August 12). . .
4. A 3 year old g r1 called Fatima Talegheni was burned alive on June 30 by the
Uu.nafioeen. She was the daughter of a member of the Construction Jihad. of
Mahshahr. (Ettela'at, August 20).' .
r
E/CE.4/l 55/16
Annex D C
age 23
5. In a bomb exploston in a passage in Kermanshah (Western Iran) two children
were martyred.
6. In the course of the counterrevolutionaries' attack on the head of tile Housing
Foundation of Fars Province (Southern Iran) on Juagust 27, a 10 year old boy, called
Gholam Yusofi, was martyred. - . . -
7. Due to a dastardly attack on the innocent people of Nashad on kagust 29, the
Nunafiqeen martyrea an 8 year old r$rl.
8. In a bomb blast in Sardast (Western Iran) a 7 year old girl was martyred
(i cayhan, August 16). .
9. A little girl called Hiedeh Beigi was shot dead in the Semnan Township by the
United Stat s Idrelings. (Kayhan, September 29).
What was the sin of these children to deserve these savage killings?
how can these ten'orists justify these actions except through the fact that
they do not refrain from any crime to reach their sinister aims?
B. The massacre of innocent veotle .
The anti—people Munafiqeen have stopped short of no crime throu l launching
armed demonstrations, terror, and massacre of the innocent people, mostly from the
deprived stratum of the society. From June 15 to September 27, 1981, 110 ordinsay
people were martyred by ICiCO iembe s: .
1. In a bomb explosion at the railroaifi station of Qom, seven people were martyred
(Ettela'at, June 24).
2. The Munafiqeen opened fire on the people participating in the funeral procession
of . martyred hevolutiona t Guard and as a result eight people were martyred
(Ettela'at, June 25)..
3. In a dastardly raid laundhed by the Nunafiqeen, two people were martyred in
lCuMasht on July 23.
4. OEe Nunafiqeen martyred an employee of the Sepah Bank, called Ghanbar Akhbari,
on July 24. .
5. Two employees of the Zarine Rud Dam were martyred by the armed agents of the
on July 25. .
6. T1 e hirelings of the United States martyred nine people by a bomb exlosion at
Zaighelab Square in Tehran on July 26.
.. A lady called Sakineh Segoli was martyred in the course of an aborted
assass1nat on attempt or. the Fziday Pr yers Imam of iCerinanshah on July 28.
8. In a bomb exnlosion on Pastor Street in Tehran on L agust 3, three pedestrians
Were sartyred. .
. . 9. Armed invaders from the 110 coened fire on the members of a family in Shiraz
and martyred three perscns namely: Robabeh Solaimani, PLashid Nobminian and
kohammag Hussein Isrna'ili.
10. Fourteen people were martyred in a bomb exzilosaon at a shopping mall in
on August 4.
E/CN .4/1585/16
Anno:: IX
t age 24
11. In Kar tj, a man called Kainal C-horaishi was shot dead in his shop by the
rn-cenaries or the United States (Etell&at, August 24).
12. Two traders were martyred in Ghuchan by the Munafiqeen (Ettela'at, August 24).
13. A hand grenade, hurled sb a house in i cermanshab by an MKO terrorist caused a
lady called Fatima Darabi. to be martyred (Ettela'at , September 2).
14. A 16 year old youth, called Isma'il Delbar, was martyred in a savage raid at
the . t mzali Port (Northern Iran) by the Ilunafiqeen.
: In a dastardly attack launched by the Munafiqeen in Mashad, five innocent people
vera martyred (Ettelaat, Sentember 21).
16. A shoemaker was martyred at his. shop on the Nosrat Street in Tebran by.the
Munafiqeen on Sentember 21.
17. One of the teachers of Gha t em Shahr, called t.hxnad Islami Nia, was martyred. by
the ?tmafiqeen (Ettelatat, September 27). . . . .
C. h'a-ssacrc of the L einbers cf Construction Jihad, Revo 1utiona T Courts, the
t Fo uidation and Other Revolutionary Organs . . . .
From June 15 up to September 27, 14 members of the revolutionary foundations
of the country were martyred by the Munafiqeen. . .
1. The NKO's terrorists martyred en official of Tebran's Martyr Foundation, called
Ma tidarani., on ?.ne 21 ,
24 The liunafiqeen marty -nd two members of the Construction Jihad in Sanandaj
(Vostc-rn Iran) on Ju1;r 16.
,3 The Deputy Prosecutor General of the Islamic. Revolutionary Court of Tabris was
assassinated and martyred by the Munafiqeen (Ettela' at, July 30).
4... The Head of the Martyr Foundation of Behbahan, Ho.jjatoleslam BelIIralian, was
oe:sassinated by the i KO rorirto on August 3• .
5. The Imai&s epreseatative in the Construction Jihad of the hnzali Prt .
(2rorthein Iran) as martyred by the counterrevolutionary Munafiqeen on September 1.
A member of the Constraction Jihad of Bonjnurd Township was attacked and martyred
by the flunafiqeen (E';h.: : ‘t SeDteraber 9).
These are the tipoPularl activities of a group which under the guise of supporting 4
se masses, nave gathered a number of ignorant youths around themselves, aM stain 4
?‘:eiy day their hands with the blood of the bravest and dearest children of these
heroic n2 escs.
I . iassa 'e_of Revc1utionat r Guards, Members of the Basil (mobilized forces )
and, the Revolutionary Committees
The Munafiqeen asswre the killing of the Guards, members of Basij and flcvo1utiO -
ccunttaes, as a duty aad attack them even during sleep. For exan 4e the Ifl 0's
- - --
B/ UN .4/1933/16
Annex DC
page 25
terrorists recently attacked l i i, member guards of tile Basij in Gha'em Shai r
(Northern Iran) and opened fire on them when they were asleep, and as a result eight
of the guards were / ounded and six were martyred.
From June 15 ut to September 27, 91 Revolutionary Guards and members of the
Basij and Islamic Revolutionary Committee were martyred by the counterrevolutionary
groups. The following is part of the chronolo r of their crimes in this connection.
1. In an armed raid in Tehran the Mr:o members martyred 14 Revolutionary Guards.
2. In an attack launched by the itrnai'iqeen rnwn r:evolutionary Guards on July 24,
12 members of tile IRGC and Basij were martyred.
3. In a brutal armed attac]: carried out by the Nunafiqeen on the Eighth Committee
of Tehren, a worker who was also a member of the Basij was martyred (Ettalatat,
July 26).
4. Three members of the Basij were martyred by the Nunafiqeen on August 18.
5. A revolutionary Guard called Ebrahim . i 'sharid, who had just returned from the
war front to visit his family was martyred in Shahrara, Tebran.
6. Two Guards were shot dead by the ECO's terrorists, riding a motorcycle
(Ettela' t, August 31).
7. The Munafiqeen martyred a member of the Basij with grenade, in LangentQ.
(ICayhan, September i).
8. A bomb erolosion at the Training Centre of the flOG in Machad (Northeastern Iran)
tool: the lives of two Revolutionary Guards.
9. A Revolutionary Guard was martyrou in Tebran by the Munafiqeen on Settenoeer 29.
B. The Assassination of the Army Personnel
1. An army officer called iaomars iCarani was assassinated in Tehran by the }flC0's
terrorists on Septem ber 11.
2. A non—commissioned officer called Mehdi Shagha ian was martyred in Shira on
September 9 by the Munafiqeen. .
3. The ilcOts terrorists martyred an army non—commissioned officer in Tehran on
Septetber 9. .
F. The massacre of the officials and statesmen of the Islamic Renublic of Iran
The outstanding exeimple of these massacres is the calacity of bombing the IEP
office in Tehrzm which e&ed in the rartyrdoc of 74 ton officials including
Ayatoli Beheshti.
The bombing of the Prime. Ministry office which took the lives of our President
and Prtme Minister and the assassination of the pious scholar, Ayatollah iladani,
are among tha other conspicuous crimes of the laXo in thi s connoction.
i /cN .4/]i e5/l6
i r n x DC
paee 26
The authorities end the Heads of the Islamic Republic of Iran and other
i'eligious, cultural and scholarly personalities who have been martyred a a result
of terrorism include .
1. General Gharsni (Chief of the Military Staff) . .
2. Dr. Mofatch (Isla mic Scholar) . ,
3 Ayatolah' Motabari (G -eat Philosopher of Islam Member of the
Revolutionary Council) , .
4. Lyatolah Ghazi Tabatabai (Fri aLr Injam of Tabriz)
, )“ 5. Haj M hdi Iraqi Manager of iCeyhan) - - . ,
6. Lyatolab Beheshti (Head of the Supreme Court) ,
7. ‘Fou Cabinet Ministers of Martyr Rajai ‘ .
8. ‘ More than 10 !‘iinizterial Denuties ‘ : ‘
9. Chief of the Police ,
10. More than 28 representatives of Islamic Najlis among *hom were personalities
such as i4ohammad Montazeri, Haghani, Lavasant, Easheminejad, and ...
11. Ayatolah Madani ( Friday Imam of Tabris) ,
12. yatolah-Dastgheib (Friday Imam of Shiraz)' and a number of other cities
Friday Imarns
13. Jiyctolah Ashrafi Isfahani (Friday Congregational Prayers Leader of Baichtar n)
14. Rajal (President) +. ‘ , - , ‘ -
15. Bahoner (Prime Minister and tens of other eminent respected individuals). ,
G. Raldin Private and OEi 3 :lic Places , ,
During their “historic” and ‘heroic' t operations the Munafiqeen succeeded in
destroying many buildings of the “reactionaries' such as mosques, bookshops, hospitals,
pharmacies, blood tz ansfusion centres, the building of the martyr foundation and the
lllar victims as ;el1 as the houses and shoos of ordinary peocle. ,
, . From- June un to September-27, the Munafiqeen carried out 146 raids ‘on' the
public and private riaces ar -cl rrouerty examvles of which are- as follows:
1. Bomb ernlosion at'the railroad station of Qom on .lhne 23 zhich resulted in
severe human and materini casualties. ‘
2. The explosion of a concussion bomb at the Swiss Air Office in Tebran on
June 26. . ‘
E/CN.4/19 65/16
Annex DC
page 27
3. Setting fire to the library of the Al—Ha&i mosque in Tehran as a result of
which nunerous conies of ‘Quran and: Nshjul Balagha were burned.' . ...... .
4.. A tart of the building oi' the “V&idat” Islan ic Center was set on fire by the
counterrevolutionary Mtmafiqeen (Ettela'at, July u)
5. The boo lcshop of b eam Reza Mosque was set ablaze by the !4X0's terrorists
(Eayhan, July 15).
6. ! concussion grenade was hurled at the building of the Pars News Agency by the
counterrevolutionary Nunafiqeen (Ettela'at, July 16). . .
7. For the second time the Munafiqeen set fire to the library of the Al—Eadi Mosque
H with a Molotov cocktail on July 14.
8. The mercenaries of the IIiited States while supported b the German Police,
raided the Haeburg Mosque and tore copies of Quran (Ettela'at, July 21).
9 Jj automobile belonging to the marbr foundation of Laflhjan (Northern Iran)
was set ablaze by the Munafiqeen (Ettela'at, July 25).
10. ! bomb ealosion in front of a hospital in Shiraz (Ett 1a'at , July 25).
11. it grenade was thrown at the building of the Blood Transfusion Organisation in
Pebran. . .
12. A pipe bomb was hurled into a girls' high school in Tehran and caused some
damage (Ettela tst, July 23).
13. A bomb elDiosion at a military hosnital left damages. (Kayhan, July 26).
14. The counterrevolutionaries bombed the Saflebul Zaoeart Mosque in Tehran,
(icayhan, July 27). “ ‘
15. A shop on ‘the Jomhuri Street in Tehran was set afire by the Nunafiqeen
(Ettela'at, Aug.) .
16. The counterr volutionaries set fire to the shop of a men called
A u Akba.r Pahleveni (Ettc-1a at, August a).
17. The Munafiqeen set five shops ablaze in Sari (i tte1a'at, August 10).
‘ 18. ! molotov cocktail, hurled by the Nunafiqeen at a pharmacy in Macbad, caused
some datiages (Icayhon, Augi,.st 23).
19. Due to the Nunafiqeen s attack on a beverage—producing factory in Orueich,
various tarts of this factory wore dawaged (Kayhan, August 24).
20. The counterrevolutionaries se fire tc carpet shop in Shiravan (Ettela'at,
August 24).
Annex IX
rage 25
Nassive Firneral Procession in Wake c: Committeemen's Torture—Death
Tshran, August a6 (lENA) — Iranian television last night broadcast a film of
the bbdies of three Islamic Committeemen who were captured and tortured by members
of the outlawed kujaflideen }lelq Organization (Nunaficeen) in Tehran last
Saturday. .
The incident was discovered when two NKO members were trying to steal a
motorcycle from a man on a street in Tebran last weel:. However, the passersby
revented the 1 0 members from this action and they were arrested One of the
Munafiqeen, OEosrow Zandi, later confessed that he was involved in 1ddnarping
torturing and. burying alive, three Islamic Committeemen. ,
The terrorist, who was speaking in a television program, said. that the three
v ctioes were tortured for about a Week in a Munafiqeen h-tdeoiit and the i.dea.behind
the torIIire was to make them reveal information which they refused tb do , In ‘
addition to being beaten, the victims nails were :oulled oat, their akin ras
burned by hot irons, their hands were put inbofiing water and. their teeth were
pulled out and later the bodies were mutilated. .
The terrorist said, that wh n the victims were being buried, he iaiew that
‘two-of' them were still alive. He himself referred to the savagery of the crime ‘
and. at the same time stressed that upon capture he was treated well.
;L massive funeral procession was held for the three martyrs in Tebran this ‘
morning which was attended by political, religious and military personnel as
well as people-from all walks of life. Th crowd,. carr'4ng pictures of ‘
IQaomei ni , chanted slogans a ,imt the—Munafiqeen end strongly condemned-this--
brutal action. They also called on. the revolutionary judicial.. anthorities to
, giv&.the ‘-terrorists due- punishment. .
Terrorist Bomb Blast Martyrs One. Wounds 2b ‘ 1
Tehran (lENA) .. flt least one person was martyred end another 20 wounded as a
concussion bomb went off in a bus terminal in downtot n Pebran at 11.00 Tuesday.
is a result of the enlosion several buildin 3 's of the terminal were damaged.
The er-olosion wac the fourth in a series of terroristic acts in Tehran since
early September. .
The majority of the :ounded neople are workers, and also include women and
small children,
The ijo b had been placed in the :toreroom of the Cooperative us Coni any
number five. -
On Soptember 6, a 2owerful bomb exnloded in dovmtown Tohran, which resulted
in the martyrdom of 20 Decale and. wounding of over 100 others. ‘ -
r
E/Cfl .4/l 5/l6
.fl2'.flex ,LK
page
Prenetrators of Bomb Blast Condemned, 55 Martyred, over 717 Injured
Tehran — October 2 (LRNA) — Lt least 58 people were martyred and over 717 others
injured in the bomb blast in Tehran Naser—OEosrow avenue at 20.30 hours Friday night,
according to latest reports by 10.00 hours today.
There were tw women and a child among the martyrs, the report said, adding that
217 of the injured were hospitalized in eight major hospitals in Tehran.
Over 500 others with minor injuries in the explosion received outpatient
treatment Friday night.
Police Chief Colonel Hejazi told IB M! at the scene of the explosion that the
explosives used in last night s incident were similar to those used last
September 6, but he added that this time the amount used was much more, about 150 kgs.
Colonel Hejazi added that the extent of damage and casualties caused would be
much higher than the September 6 bombing near here, which martyred more than
20 people and injured some 100 others.
The bomb had been placed in a 10 ton trucic in front of several small hotels in
the square. IRM A reporter said that the size of the crater created. by the blast
was about six meters long, four meters wide and three meters ' deep, knocking off -
powerlines and destroying underground water pipes. Electricity and water was soon
cut off so that rescue operations could be carried out more safely.
Ten private automobiles, two double—decker buses and one bus, with their
passengers, had been either destroyed or badly damaged. Shops, homes and buildings
some thousand meters away had been affected by the blast. Most of the victims
we-re in nearby restaurants and sandwich shops.
Six Viorshiuoers Wounded in Terrorist Lttack
Tehran, September 25 (flDJTA) — Six Muslim worshippers were woua ded, two of them
seriously when two Munafiqeen mco) terroricts fired their automatic weapons at a van
carrying the group at the zari crossing, in downtown Tehran yesterday. The
attack was launched at 14.20 hours yesterday afternoon as the people were returning
home from the weekly Friday prayers at- Te University.
Finally we would like to refer to a Renter despatch which ap nared in the
Guardian” of 30 December 1982 which reported that, according to information they
had received from the MC0 Office in Paris, “During the Dast sir months they had
killed l,uOO revo1ut onary guardt; and government o ficials, 600 of tnese people
having been killed, in Tehrsn and he remainder in other cities during the armed
Struggle”. This despatch describes only a part of the situation but reveals the
extent of the atrocities being committed indiscriminately and exalain why it was
necessary to put an end to this form of blind terrorism. Their appeal is in
contradiction to the-jr deeds.
U
Annex r
. . : r [ clrjpjfl2:l: -1i.cbi
H o Jaauarf 1983]
Lr z.:.o:-uAnca wiv; !rti i& ] 98 of tJ e Ju en ed GrrLuina]. ‘roecditro Ihzl ,
;LC fe1ctc fcr /:hich the c uital tenalty is cjrriEas rl Cr ian rili be ce:i:ieE:
i Qjimiital 1 ibuanIs, n j.: rrii nr2. ic compo d. rjf a judge crd an ?.uvieer ri 4 a
no ri -a of i;ce- i! h: adv cer unet f r each case : ou i't to Ohe ribuna1 QUbL it hi
cninin in n!ttea foye based on judici. J. evi:ience Dnring th firs deJLberationE
it 15 f rbti z:*r n Tribr l to its ;‘e:aict) Duly its fJ.naIIgn ena
concl ii.ons (jut nc- ) ana if. in the vietz of the Tribunal. capitel pLcun ni
shoald anpi: ! the 1 in ccor(iance iLth article 2S5 of he L.i z3nded ur.ia zal Prc' ecifife
Ccde th? L CL O i 6 faoto will bt brou 8 ht to tue ScurenD Court i:'rez octi7e of
‘ hnsthw or oc,t the aoc ScC or the orosecuters n:n. .c an E )cC1 The Lnreas
oooers J of reraJ. bran::hez and each tranch i cr npcced of a jwl e d
en onct If the e i , a cunseutts betw en 17 Chair ufi tho 3 q e:: in oypD :t:. i
th , orinion :f thc Irifiunal Ye case wlfl b t.en cacit the Tri mul fc a
rouiew of the ve. d.ic and if Lea' is uct a ccnr ij:cs a third party rJU 1e soug L
LC the Sur ,n Court se e oc,r D re u?.i 'i.ty either in the aroc cOErt cr S n }‘ e c J7 .
oi tie ?ribm:ai 1 i , :r v i ii declare it au . if these clservati :w : r not accoi ba1le
tc the JnbLaal -n tn.. ase vi rorfe_r- c .‘c anot!' _ LnJ e t 1e 5 reco
OQLLT!. In t u. ee oi ihe rj aeta .iC : c i the tat er also p.rovflrtLoaoc pta Jie
th r n ;cr -: jt be broudht Lo.fcro the Sutrc:ro Court &s a wncie co:nooi 3 of
the juffi :ea of a U. the i nches
it is necessorr to recall tnat tuider Article 224 of IIe GnivLn ]. Procod re
00r19. j2 1 c.aZR. vhera ca3ita]. r mis nsnt ta arplica'ilt . it ij 1rr raOEL7e to bavo
no 1 a__e . 0 C r fl l rl C - It t 110 3ua O nuhi c inc-ccu r ;H
the it orn y General iiiil cr 'sid .r the evidotec nd if Lacy f5ndit to 1e rt ffi.oio ;T
Sc 3 L2tiLy br in in, t e cas to ocurt the At &miey Cerert 1 /‘11.L ?-na Rl L asizr g
the I1ri nnal o Gr.ne t1 e ;n1;cf :he ccnicz i. The prc es arLor
Attor:.ey Ceneral are iDe: 1bero of the judicial wat-.ority era thry ae ali.nca
jit lgDZ Ti efiua1eta#ge .L . th bring jhe case lofca t i m Cu-ni.o:isi; for Par oz
hi.ch ii]. be Ibid p fl 1 ;t 1 _ rer,ucst of tiLe con1iud T ue Ccrnt:s Lcn for Paxdcn
to oo ibc ‘ d ci the ileai o:r Cr.Lu Lnal e, ctpaLion ani Y:xdon CfJ7i s. the
j:2 cfor-Cenercj c C i.he Jad:ci z r. the c'2aa o7 the legi O.:' - n t 1 ?c3 : aa of
the Prisono Of_ioa( U i: iba: t':.e?r er_ r: l-rc-toc- 2 ;itt. .&ssocic tion and, a
mher ol the cier y r sontae by the S'.tpr3re .uriiciaC Cc-mcLi es abli h by
Lrttolo 158 of the Ceiv: jtution Ocut ission. It vill cri, -r oPs n 7 c1i wltl'Ln
l la; : -‘nd ‘L i-Jo -ur i !5 f Inal. ‘ .
E /C l.4/19C5/iE
Anne 1Y
Darts 31
REPUBLIC OP KOPJLL [ Original LTnglieh]
[ 24 January 1953]
i, The Republic of Korea has had no oractice or occurrence of summary and arbitnry
executions. In accordance with provisions of the Constitution, “All persons who are .
rresteifi or detained shall have the right to orompt assistance of counsel.” and
“no citisen shall be tortured or be comoelled to testify against himself in
cr1ifl - l cases.” .
The Constitution further guarantees the right of the accused to have speedy pubise
trial without delay, and “the accused shall be presumed innocent until a determination
of guilt has been confirmed.”
The Constitution also provides that courts—martial may he established as special
courts to exercise jurisdiction over mi1ita - trials and that the Supreme Court shall
have the final appellate jurisdiction over courts—martial.
Furthermore, krticlo 467 of the Code of Criminal Procedures stipulates that the
‘ > eath penalty should be executed in the presence of a public prosecutor and a
: : irector of correction or detention house or his representative. .
2. With reference to information contained in the documentation attached to the
note—verbale of the Secretary—General of the United Nations 0/50214 (33) dat d
14 January 1983, it should be pointed out that the said information is far from the truth
The Kwangju c .se of 1980 was an armed rebellion staged against the
lawfully—established Government • Well—trained subversive agents and radical elements
raided the aniories of the National Police as well as the Army Reserve Units and took
away a formidable quantity of weapons, ammunitions, grenades, TNT and etc. Subsequently
in the rebellion, 189 persons lost their lives and 380 wounded, including policemen
and soldiers. Allegations concerning the Kwangju turmoil were not substantiated with
facts. Host of those persons arraigned in connection with the Kwangju turmoil were
released from the custody of the authorities soon after public order was restored
in the area. On 3 April 1981, a special leinency was grant d to all 83 persons,
siflfying the conclusion of all legal proceedings relative to the Kwangju case.
. It may be noted that death sentence on Ham Dae Jung was commuted on 23 January 1951
L life imprisonment which was reduced tc 20 years on 3 March 1982. Kim was released
rom prison ou lG'December 1982 and allowed to undergv mddical treatment in the
United States of America.
Five Korean residents of Japan were convicted in open trials as espionage agents
and sentenced to death in 1975—1977. On 3 I4arch 1982, their sentences were commuted
to life imprisonment by an act of general amnesty. They are also eligible for
further commutation of their sentences. .
. 4. The net; Korean Government established on 3 March 1981 under a new democratic
?n8t tution has continued to build a solid record of remarkable achievements in the
2&ld of human rights. The new Government has taken a , series of lenient measures to
O1'ilig about a wider participation of people in building a just democratic welfare state.
Taking into account the remar2 :able political development, ‘the United Nations
. 0 O i5jSsi j1 on Human Rights decided, at its thirty—eighth session, to discontinue
of the human richts situation in the Republic of Korea.
5. The Government and people of the Republio of Corea hold the view that the practice
?L S QJ iuarj and arbitrary execution should be cmpletely abolished from the earth through
flC common efforts and co—operation of the members of the international community.
The Government of the Republic of Korea is fully committed to uphold and implement
Che relevant resolutions adopted by the United Nations to abolish the practice and
occurrence of the summary and arbitrary executions.
E/CN.4 /1955/16
Annex I > :
pa 32
l E B A N O N [ original: Prench]
. . “ :. [ 26 January 196.5] .
The Permanent Mission' of ‘Lebanon to the Office of the United Nations and other
International Organizations at Geneva presents its compliments to the Secretary—General
of the United Nations and, with reference ‘to his note No. G/SO 214 (35) of
14 Janua ‘1964, has tile honour to inform him that the Governuient of Lebanon
regrets that it is unable to provide the Special Rapport6ur viith any information
concerning tile suxranary or arbitrary executions reportea to have taken place ‘betwsh
16 ama 18 September 1962 in the refugee camps of Sabra and Chatfia in Beirut, since
this zone was under the control of the Israeli military au.thoi ity. MorIIover, the
docuIIentati'on containing the allegation ‘by Amnesty International, attached to
the aforementioned note, clearly states the following: .
.. The Israeli armed forces were in military control of the area at the
time.. . . . . :
The Government of Lebanon is consequently unable to satisfy the request of
the Special Rapporteu3 . . “
M ALI . .
. [ original: French]
, , . ‘ , [ 6 January 1985]
Document No. 47, P -I Newsletter , May 1980, p. 1, attached to your letter; alleges
that 18 Malian students have been killed but fails to provide even a shred ‘of
proof for so grave a charge, as would be the moral duty of any periodical anxious
to furnish objective inforIIation to its readers rath r than to create sensations.
The Government categorically denies the Newsletter's allegations. Bad
ny such “carnage” oc curred in Mali. P -I Newsletter would not have been the only
“ , paper to retort it. As a result of their political, social and religious education,
Malians are. profound ly respectful of huL &n 1 fe. For the same reasons, they watch
jealously over the ‘stability of their freely—established institutions and over
the maintenance of order in our society.
To the Government of Mali, our young people represent the very life—force and
strength of the country. The Head of our State has said again and again that Mali
will be what its young teople make it.' ,
The. ialian Government's youth policy is based on the following three main
consider tions : , ‘ ‘
‘ , Training and edubation rooted in our country's realities; ‘
Freedom cf association conchacive to a keen awareness of those realities, and
open—mindedness towards the outside world in a context of. respect for institutions;
E/cIT.4/l9 83/16
Annex D(
tage 33
A continuous dialogue with the authorities with a view to seeking thereby
adequate solutions to the specific problems of our youth as a whole. In that
connection, I should point out that the Secretary—General of the Malian Youth
Union is an cx officio member of the country's highest political authority, the
Democratic Union of the Nalian People yoePM).
As to the events of 1979—SD which pert-jrbed school life in Mali — and which,
incidentally 5 were not confined to Mali alone — the truth is that, befcre those
incidents broke out, the Government of Mali and the Head of State in person made
immense efforts to achiev co—cneratio'-l, lnter al a with tne elected ropresentatlv3s
and the parents of students, as well as with officials of parents' associations, the
trade unions and women's and youth associations 7 lest regrettable acts disrupt
eduoation in our country.
When the incidents broke out, the Ministries of Foreign Affairs, National
.. iducation, Justioe, the Interior, etc., orsanized numerous meetings with a view to
athoroushetudy of the s,ituation. - -- —. - .
The case of Abdoul Yarim Camara mentioned in the Newsletter has been declared
regrettable by the Head. of State himself anci the Government has taken steps to bring
td lidht all the facts in this matter. .
It is a prerogative and a duty of any Government to maintain public order. In
the event of serious disturbances, the sters taken to re—establish order are,
throuRhout the world, cor'cnensurate with the gravity of the tronUes.
The interim measures for the protection of property instituted by the Goverimient
of Mali at the time of the incidents of the 1979—60 period were reflected, after
examination by the competent authorities, in the adoption cf decisions, orders and
decrees in respect of the persons charged.
Accordingly, t fofrowino- documents a e attached to this letter
A Note from the State Prosecutor's Office of the Republic of Mali ooncernin
the persons on whose behalf Amdesty International had made representations to
the Mali-an authorities; , -
Decision No. 1490/Mr—DVFPP—D 4—3, dated 26 November 1980, by the Ministry of
Labour and, of the Civil Service, announcing the transfer of teachers involved
in the events of 1979—1950; .
Decision No. 0193/MT —CAP/B ?, dated 4 D?ecen2her 1960, announcius the reassignment
of the same teachers;
Decision No. 269/I c—CA23/GLA, dated 20 December 1960, by the Governor of the
region of Gao, announcins the transfer of some teachers; and
Decision No G43'/i N—CAP/DIVP. dated 30 March 1931, by the Minister of Education,
announcino the transfer of some teachers.
Lastly, the students iho, for one reason or another. we-re unable to rejoin their
classes ir.mediately after the endinc of the events of 1979—1930. includinc those who
registered in schools outside the country, have all been authorized to return to their
educaticna l estabiisitc ents and to resulns their studies in toe normal way.
- - -. - -
— I .
1/CIT .4/195 3/16
nnex EC
pa le 34
For the Malian pocole, its Government and the teachers and students concerned,
the incidents c -f 1979—1980 belong tc the past. The Government had to do its duty,
0t ever dLv at nz fror ne ens6 C l j sticC rcici: lnsplreo thosa nav ng
the cflarae of a people l ute that cc i es1u. Nan ‘c youth has been q n cit to percolve
the direction of true struggle for active and efficient participationin the
construction cf our country.
The social peace wrach was cisturnec as a result of the tncuaents has been
re—established and 1 ialian students today have no other concern than that of building
their future that is to say the future of tflcir Notherland.
State Prosecutor's Office
I4ali.an Court of Arneal
List of nersons stonsored by snesty International
i ame and first name
j
?
Dateof ;
commitment Pena lty !
order .
Date of release
-
!Namadou GOL000
idrissa PlAICE
DIAICTE
2L Aoril 1979 4
6
years 24
,
months 28
April 1962
U
Iiov.1980(released)
Cheicic Fanta Mady BA(IPXOKO -
Cheici-: COULIBALY
(OEeic' - i DU .zP .E
Dadi4 SOGOBA
Nausea DIABY
I
ITo CD. ; No
‘ 4
“
14
“
penalty At
U
!
I I
I
liberty
T I
n
I I
Daouda SlNBP2J -
Chrietophe SANGAPE
jLamine Laico TRAOBE
cheiokna Hamalla BA
jBr4hima DIhW
“
I I I
11
i i
“
“
“
‘
it
“
! !
‘I
u
)Isac ICONATE
Aliou DIATiRA
‘
‘
‘
U
U
I I
ifidrissa DIALLO
,
I I
I !
,
I I
Abdou1aye Sidi. DIALLO
(Modiho LadjilT iTA
Ottmar SII IGARE
Abdoulayc Ga BA
jYamadcu DIALLO
Abdoulave SLrGA?J
fAdama DIARP.L
1 Dioncounda TRAOPS
i i
24 April 1979
i
U
20 July 1973
24 Atril 1979
30 July- 1980
!
Charge
6
3
Charge
3
i i
dismissed 12
months 26
II I
months 20
dismissed 12
months 30
1
!
September 3 -979
Nov.1980(released)
,
October 1973
September 1979
October 1950
I I
Jdou SOUNTOT JBA di i DIALLO
Bcuicary TAi IE0UBA
OErainpa Sa—na 2RLOP:
Oumar Kaba DIAL:: L':
-
Tot Icnotjn
‘
oe l
‘ 1 ,
r
MINISTRY OF LABOUR AND OF TI CIVIL SERVICE
NATIONAL CIVIL SERVICE ALL SflI T DIRECTORATE
E/CN .4/4]r98 3/16
Anne:: IX
page 35
The Minister of Labour and of the Civil Service
DECISION To. 1490/NT—DNFPP
CONSIDERING
CONSIDERING
CONS] IERflTG
CONSIDERING
CONSIDERING
CONSIDERING
Article 1
the Constitution,
Decree No. 171/Pc—RN, of 2 Aucust 1980, setting forth the membership
of the Government of Nali;
the Reaulations on salaries and, appurtenances of officials, agents
and employees of the Nalian Civil Service
Order No. 77—7l/CI N, of 26 December 1977, setting forth the
General Statute of Civil Servants applicable from 1 January 1978;
Decree No. 182/PG—RN of 5 July 1978, concerning the distribution of
administrative and staff management responsibilities in the
Civil Serviob;
Letter No. 2824iffN—SP, of 22 November 1950,
DECIDES as follows:
The teachers whose names are listed below shall be placed under the
responsibility of the Ministry of the Interior.
Names and first No.
names
Unit
Grade
Victcr SY
NodiboDIffiJCTE
I ourou DOUCOLTRE
Ti6bl4 DRM
Yamoussa COULIBALY
fliou DIATiRA
127—29/N I PESGTP
305—44/A “
505—36/A
394—25/D
269—05/F “
25O—38/T
2nd class, step
3rd class, step
‘
Trai 1ee (Index
3rd class, step
3rd class, step
7,
7,
No.
11,
16,
Index
Index
225)
Index
Index
No.
No.
“
No.
No.
34
25
275
304
Mama DIARRA
Dincounda TRAORE
Abdoulaye TRA0RE
230—11/N
351.41/N
229.19/X
U
PESUP
14.S..C.
2nd class, step
2nd class, step
3rd class, step
5,
2,
10,
Index
Index
Index
No.
No.
No.
334
316
167
Harouna KONATE
Abdramane DIALLO
231.97/K
253.91/ P
“
‘
3rd class, step
2nd class, step
U,
3,
Index
Indox
No.
No.
170
196
Fousseyni CMIAEA
1 16.67/ 1
“ 2nd class, step
12,
Index
No.
196
E/CN . 4 /1 9 6 5 /16 '
I!nnex L :
page 36
Article 2
For budgetary mur'ooses. the porsons concerned shaft remain on the payroll of
their former department until 31 December 1960.
Exuenses chargeable to : Budget of employing department.
Artinle 5
This decision, which shall enter into effect as from the date upon which the
persons concerned report for duty in their new posts, shall be recorded and
communicated as necessary.
. Bamako, 26 November 1980
. p.p. Minister of Labour
.Aniadou Baba l ITA
Chef ifie Cabinet
Chevalier de 1 Ordre National
MINISTRY OF TE INTERIOR
Administrative and Finance Department
. DECISION o. 0 1954E—CAF/BP
The Minister of the Interior, .
CONSIDERING the Constitution, .
CONSIDERING Decree No. 171/PC—RN, of 2 A'j gust 1980, setting forth the membership
of the Government of Mali,
CONSIDERING Decree No. 182/PC—EM, of 5 July 1978, concerning the distribution ‘of
adm nastrativo and staff management responsabilitaes n the CrntServlc.e.
CONSIDERING Decision No. l49O/NT DUPPP_D4.3, of 26 November 1980,
‘ “ CONSIDERING the exigencies of the servjce
DECIDES as follows:
Article 1 ,
The teachers whose names are listed below; and who wer placed under the
responsibility of the Department of the Interior by Decision No. 1430/NT—DI'OE'PP.D4.3,
of 26 November 1980, shall be transfe*ed to the secretariats of the following
administrative' districts:
Tornbouctou region
District of Barnhara—Maoud6 :
Mr. Harouna KO 1TATE, ITo. 231.97/K, secondary school master, class 3, step 11,
index iTo 170.
E/CN.4/1983/16
Annex D C
page 37
Nadiakoye district
Mr. Abdrahamane DIALLO, No. 253.91/D, secondary school master, class 2,
step 3, index No. 196.
Gosse astrict -
Mr. Pousseyni CAMA RA, No. l16.37/Z, secondary school master, class 2, step 12,
index No. 223.
Gao region
NTillit district
Mr. Victor SY, Mo. 127.29/H, secondary school teacher (general, technical and
vocational education), class 2, step 7, index No. 346.
Haous sa—Poulane district
Mr. Modibo DLAICTE, No. 305.44/A, secondiry school teacher (general, technical
and vocational education), class 3, step 7, index No. 255.
Dj bock district -
Mr. I ourou D0UC01 , No. 305/83/A, secondary school teacher, (general,
technical and vocational education), class 3, step 7, index No. 255.
Telataye district
Mr. Ti4bl DRAF B, No. 394.25/fl, trainee secondary school, teacher (general,
technical and vocational education), index No. 225. .
Tessit district
Hr. Yamoussa COB IIBALY, No. 269.05/F, secondary- school teacher (general,
technical and vocational education), cl .ss 3 ... -
Ouatacouna district
Mr. Aliou DIABP.A, No. 250.38/T, secondary school teacher (general, technical
and vocational education), class 3, step 16, index Nc. 300.
Almoustarat district - . -
Mr. Adama DIARPi, i-To. 230.11/N, secondary school teacher (general, technical
and vocational education). class 2. step 5, index No. 334.
Teoe4ra district
Itt. Dicncounda TBA0I , No. 35l.41.X, lecturer, class 2, step 2, index No. 316.
Bam'oa district
Mr. Kodoulaye TRAORE, No. 229.19/3, secondary school master, class 3, step 10,
index No. 167.
E/CN.4/1983/16
Anne ;: :DC
rage 38
Article 2
The above—mentioned. rersons may be accomnanied by their regular family
dependants.
Exnensea chargeable bc - ; i:ationaa Buct.
Article 3
This decision shall he recorded and co mmunicated as neceasary.
Barnako, 4 December 1980
Lt—Colonel Scry Ibrahirna SYLLk
Officier d c l'Ordre National
GAO REGION 20 December 1980
DECISION No. 259/RG—CAB/C Jt
Concerning transfers of teaching st f under the GAO Inspectorate. .
TRE GOVERNOR OF GAO REGIOb .
C0MS ERING the Constitution of 2 June 1974 of the Republic of Mali,
CONs ERn4G Decree No. 171/PG—RN, of 2 Au ust 1980, setting forth the new membership
of the Government.
CONSmERflTG Decree No. 182/PG-RN, of 2 July 1978, concerning the distribution of
administrative and management responsibilities in respect of State
employees,
CONSIDERING Service Note No. 3l7/ G, of 10 Deceoeber 1980, from the Inspector of
Basic Studies, Gao,
C0NS ERflTG the exigencies of the servico. ,
DECIDES as follows;
Article 1 .
The teachers whose names are listed below shall be transferred as follows:
—
lknt. ont J irot Registratwn; Orad Spec] R h niton Fo me no t lTe'r post
— — — . ___________ I ____________ ________ ______________ ______
Ghei.ckna H. BAF I 158. 74/Y MS0 French C .Garde San ge Assxstanl
Lamine S i. ‘j'i:AOI1E j 269.21/Z FSG . Life sciences L.Bada la Lyode Gao
Daouda TKrGiU?-L En 38 3.6 8/C P 30 Psychology IJT.A. Lyc e Gao “
. edueal:Lonal studies -
Zourkaloini S. MAIGA 2 19.02/C Geheral Drav 1a Aljana.A “ ‘ -
]Carauiolco v.n. BAGA YJIC 357 Eidctric j. E.H.I. Lyc& Gao
en ineering
Oumar DJHGTJTBA 220 .14/fl PESO Mathematics L.Techniq. Lyc4e Gao “ .
INaussa DL I I? 32 6.78/A PESO Russian fl . 5 I I
Asse un-eme DCIIC) . 325.76/Si. “ Life sciences L.Sankor. “ I “ .
Gin istophe SAUCA 1 iE ?4 8C I4athernatics CaIIMra le S4n ye
inidu G 1TCOIBA 178 .17/V “ flai;hematics B .IT. Sup. Piou lsbougou :
Diadi6 SOGOBA 3J0 .29/ ‘ French,History, Djico .Para Gad ye
Geography
Mama STSSOKO 256. 15/B “ Biochemistry Sogonikn GaIIye “
Cheinkn t H. SYLIA 287 .23/fl PESO Philosophy L.tr.i) .11. Lyc e Gao “
i-7oussa KAJJ03JTE 3 94 . 8o/i PESO French E&.SEG ‘ “
[ sea DIAflflt 301 .02/L PESO French E IT.SEG 5 . I I
AbrioJaye S. PULIO 127. t3 i /L 1 1 3 0 Biochemistry Han.Piat. Dioulab.
Ibrahiina f lAW , 122 .02/c ?4SC General . Badala Sossok oira “
Daouda SIMBAL.A 305.72/ 0 PES O Physics and L.J ,F. Lyc$e Gao
chemistry .
iiri sa DIAUW 121 .33/M 1430 General . , Farandj.
reach 1CCUjYiT 325.87.0 PESG Fr nch EFT.Siip. Lyc e Gao “
t1
[ ii 1
r i a
(a (U
.
oI a
‘-0
r ,H
Cs
>
. (J/
1
This decision shall be recorded, published and communicated, as necessary.
Major Issa OITGOIBA
Governor oi' the Region
MINISTRY OF NATIONAL EDUCATION
ADMINISTRATIVE AND Ffl!AITCE DEPARTMENT
PERSON JIEL DIVISION
The Minister of National Ediratio
CONSIDERING
the Constitution,
DECISION No. O455/MEN—CAF/DIV.p
CONSIDERING
CONSIDERING
CONSIDERING
Article 1
Decree Nc. 171/PG—PM, of 2 August 1960, setting forth the, composition of
the Government of Mali,
Decree No. 132/ —RM, of 3 july 1976, concerning the distribution of
administrative and staff manaczement resnonsibilities in the civil
service, . , .
the relevant letter of 9 February 1931,
DECIDES as follows:
The staff members listed below are placed under the
. Governor of the Seventh Region (Gao) — (Regit larization)
responsibility of the
Name and first name ItcElstra— ISoecialization
Inon No.
Old post T New Dost
.
SECO1OEAPX SCHOOL TEACOE RS :
Lamine Lailco TPSOPE 269.21/ I Liolo y Lyc e Badala Lyc4e Gao
Dacuda Dougoumal4 015SF. 535.66/C Psychology and LILA.
educational
. . , science
I .ramo1co F. Mady BAGAYOIcO 557.3iI/ i Mechanical E.N.I.
. en gineerin
Oumar DJIGUIBA 220.14/H Mathematics LycIIe Techn.
Noussa DIADY 326.78/A Russian . “
Ass gu4r4ma DOLO 2$.76/L Biclory Lyc 'e Sankor
Cheickna H. SYLLA 237.25/B History and LAskia Mob.
georranhy !
Noussa ICLNONTE 594.33/A Philosophy L.1T.D.IT.
Issa DIAI U 3P.102/L French ,
Daouda SIPrnAP.A 305.72/0 Physics and L.Jeunes RUles
chemistry
Isack KONATE 525 .97/o Fre nch E.N. Sun. ‘
SECOITEDARY SCHOOL bASTER
i (Assistant master) .
Amidou OUCOILA 172 .17/V Mathematics I Eccie Fon,I
Quartier.
I DioulaLd, !
; _ — . . ; ‘ Gao
E/CN.4/1983/16
page 4.0
Article 2
E/CN .4/1983/16
Annex DC
page 41
Article 2
This decision, which enters into effect as from the date of reporting for
duty, shall be recorded and communicated, as necessary.
Bama.ko, 30 March 1931.
pp . the Minister
Modibo KEITA
Chef de Cabinet
SOELA IT AR A B REPUBLIC [ original: English]
[ 25 January 1983]
The Permament Representative of the Sytian Arab Re public presents his
compliments to the Secretary—General of the United Nations and with reference
to his note No. G/S0 214 (33) dated 19 November 1982 addressed to the Foreign
Ministry of Syria has the honour to inform him that the contents of the above—
mentioned note was transmitted to the appropriate authorities and as soon as
their answer is received it will he communicated to the Special Rapporteur through
the Centre for Human Rights.
SUROE IJ . [ original: Eliglisi'] :
[ 11 Janurry 1963]
Referring to the information requested concerning reports of executions
in Suriname, those reports do not reflect the actual recent events in our
country.
In an official statement of the Military Authority it is stated that on
8 December 1982 a number of cersons. detained for their involvement in activities
to overthrow the Government through violent means were killed in an unfortunate
accident as a result of their a tenpt to escape custody.
The National fflmy and Government will see to it that such occurrences be
prevented in the future.
-
E/C1 1 .4/1983/16
Anne : X
t V
jt.LJj_act. -A-
Lettertbe 14 JanuarT 198 ifion the Permanent flenresentative- of G iatemala
to the United Nat ions Office at Geneva addressed to the Special Rauporteur
on Sur arr or Arbitranr Ezecutions
On behalz c - i the Governaent of uatcEasa. hereby wish to extenc to you a
fon- 1 a1 invitation to visit our country for a period of time which you would deem
necessary, in. order to check in situ IIct situation of human riGhts in Guatemala,
ospeciafry in the field of your mandate, that is, sunEery or arbitrary exeoutions.
Should you be in a position to accept this invitation, would very much
appreciate it if you could indicate a possible date for such a visit.
For your information, this invitation has been officially addressed to the
Deputy Secretary—General and Director of the Center for Human Rights of the
- United Nations.
Please accept, Sir, the assurances of my distinguished consideration.
E/CL. 4/193 5/16
Annex X I
MTLflflX XI
Letter dated 25 Jannary 1983 from the Spetial Rapuorteur on Summary and
xoitrary Executions to the P riuar cut Mission of Guatemala to the
United iletions Office at Geneva
I wish to thank you and through you the Government of Guatemala for your
letter of 14 January 1923 (reference 025/DH/83) by which you extend to me a formal
invitation to visit your country in order to check in s tu the situation of human
rights in Guatemala, particularly in retjard to the implementation of my mandate from
the Commission on Human PJj hts as Special Rapporteur on summary or arbitrary
executions.
I would be very . ratefu1 if you were to inform your Government that I accept its
invitation in principle. However, having concluded my work on the report and in view
of the constraints of time which I am not unfortunately in a position to alter, it
. 7 would not be possible for me to avail myself of your invitation at this time. It is
my hope that an appropriate visit to Guatemala will materialize in the context of any
follow—up that the Commission on Human Bights may give to my report.
