UNITED E
NATIONS
Economic and Social Distr.
V t M J77 .
. Council
—%
19 January 1988
Original: ENGLISfl
de
la CO V4ISSION ON HUMAN RIGHTS
Forty—fourth session
Item 12 of the provisional agenda
Irte .
es .
QUESTION OF THE VIOLATION OF HUMAN RIQITS AND FUNDAMENTAL FREEDOMS
IN ANY PART OF THE WORLD, WITH PARFICUran REFERENCE TO COLONIAL
AND OTHEp DEPENDENT COUNTRIES AND TERRITORIES
e m:
Sumary or arbitrary executions
Report by the Special Rapporteur, Mr. 5. Amos Wako, pursuant
to Economic and Social Council resolution 1987/60
—
E/CN .4/ 1988/22
page ii
CONTENTS
Paraqraphs
Introduction 1 — 6
Chapter
I. ACTIVITIES OF THE SPECIAL RAPPORTEtJR 7 2
A. Consultations 8 2
B. Communications 9 2
1. - Requests for information 9 — 14 2
2. Allegations of summary or
arbitrary executions 15 — 20 2
C. Urgent appeals to Governments 21 — 58 3
D. Visit to Suriname 59 — 64
I I . SITUATIONS 65 — 176 - 10
UI. ANALYSIS OF THE PHENOMENON 177 — 199 28
A. Non—respect for the right to life by
groups opposing the Government or
not under its control 182 — 187 28
B. Remedial and/or preventive measures
for the protection of the right to
life; international standards 188 — 195 30
C. Review of situations in restored
or new democracies 196 — 199 32
- . IV. CONCLUSIONS AND RECOMMENDATIONS 200 — 207 33
. )
Annex -
Visit by the Special Rapporteur to Surinanie
(16 to 28 August 1986) 36
E/CN.4/1988/22
page 1
Introduction
i; The present report is submitted pursuant to Economic and Social Council
resolution 1987/60 entitled 0 Sununary or arbitrary executions T M . This is the
sixth report of the Special Rapporteur since he was first appointed in 1982
under Economic and Social Council resolution 1982/35.
2. In his five previous reports (E/CN.4/1983/l6 and Add.l, E/CN.4/l984/29,
E/CN.4/19 84 /l 7 , E/CN.4/1986/21 and E/CN.4/l987/20) the Special Rapporteur
dealt with a wide range of issues concerning the phenomenon of suiml lary or
arbitrary executions, as well as reporting on allegations of incidents of
summary or arbitrary executions and his activities, including his urgent
appeals to Governnents. As the mandate of the Special Rapporteur has been
regularly renewed by the Economic and Social Council, he has examined the
phenomenon from various aspects with a view to presenting a comprehensive
picture of the phenomenon of su m mary or arbitrary executions in the
contemporary world.,
3. The Special Rapporteur has followed the general structure of his last
report. The present report describes in chapters I, Section C and II
al leqations of imminent or actual executions, which have been duly
communicated to the Governments concerned, and the summarized replies from
those Governments.. The Special Rapporteur then analyses, in chapter I II, the
phenomenon of summary or arbitrary executions, in which two issues are dealt
with, namely, (a) non—respect for the right to life by groups opposing the
Government or not under its contIIl 1 and (b) remedial and/or preventive
measures for the protection of the right to life. tn dealing with the latter
issue the Special Rapporteur describes, in particular the developments so far
achieved with regard to international standards designed to ensure proper
investigation of all cases of death in suspicious circumstances.
4. Furthermore, in chapter I I I the Special Rapporteur reviews the current
situation in countries where summary or arbitrary executions had been widely
reported and newly established Governments have publicly pledged their
commitment to human rights (see also his last report E/CN.4/l987/20,
chap. in, C ). -
5. Finally, the Special Rapporteur gives conclusions and recommendations,
which are based on his analysis of the information and consideration of
feasible steps to be taken in the context of his mandate.
6. In addition, an account of the the Special Rapporteur's visit to Suriname
in August 1987 in the context of his mandate is contained in the annex to this
report. - -
- -
E/CN.4/1988/22
page 2
I. ACTIVITIES OF THE SPECIMJ RAPPORTEUR
7. Durinq the past year, the Special Rapporteur engaged in activities that
fall within the sphere of his mandate as described below.
A. Consultations
8. The Special Rap rteur visited the Centre for Human Rights in July and
October/November 1987 for consultations and again in January 1988 to finalize
his report.
B. Connunications
1. Requests for information -
9. On 30 September 1987, a note verbale was sent to Governments seeking
information concerning the question of sununary or arbitrary executions.
A similar request was sent by a letter of the same date to United Nat ians
bodies, specialized agencies, intergovernmental organizations, liberation
movements and non—governmental organizations.
10. In the course of his present mandate the Special Rapporteur has received
replies from the following Governments: Botswana, Burundi, Bye lorussian
Soviet Socialist Republic, Cyprus, Czechoslovakia, Dominica, Israel, Peru,
Philippines, Union of Soviet Socialist Republics. -
11. Replies were also received from the United Nations Centre for Social
Development and Humanitarian Affairs and the Office of the united Nations High
Commissioner for Refugees WNHCR).
12. The International Labour Organisation (1W) and the United Nations
Educational, Scientific and Cultural Organization (UNESCO) sent replies to the
Special Rap rteur.
13. A reply was also received from the International Criminal Police
Organization (INTERPOL). -
14. The following non—governmental orqanizations in consultative status with
the Economic and Social Council also submitted replies: Amnesty
Internat iona l, Baha ‘1 Intern t lonal Corrwuni ty, Comnissi on of the Churches Ofl
International Affairs of the World Council of Churches, International
Association of DerTocratic Lawyers, International Confederation of Free Trade
Unions; International Federation of Human Rights, International Union of
Lawyers and Pax Romana.
2. Allegations of summary or arbitrary executions
15. The Special Rapporteur sent letters or cables to Governments- 0 cerning
allegations of sunmia ry or arbitrary executions in their countries as follows;
on 24 July 1987 to 13 Governments, on 27 October 1987 to 1 Government, on
6 November 1987 to 10 Governments and on 4 December 1987 to g Governments.
16. Furthermore, a letter was sent to the Government of Uganda on
17 July 1967, requesting information on the development of the work of the
Commission of Inquiry into Violations of Human Rights in Uqanda.
... . . . . . .
. . . . :
- :
...
.: . . , . . : : : .Hi •: H . H . :.... . . . . , ____________
— .
E/CN.4/l988/22
page 3
17. On 17 July 1987, letters were sent to three Governments which had not
replied to the Special Rapporteur s letters sent in 1986 and earlier
: concerning allegations made with regard to their countries. In those letters
the Special Rapporteur again requested information on alleged cases of summary
or arbitrary executions, which had previously been transmitted to the
Governments.
18. In 1987, the Special Rapporteur coimnunicated to the following 27
e Governments allegations of Su liunary or arbitrary executions reported to have
taken place in their countries: Burma, Chad, Chile, China, Colombia,
El Salvador, Equatorial Guinea, Guatemala, Honduras, India, Iran (Islamic
Republic of) , Iraq, Israel, Lebanon, Libyan Arab Jafliahiriya, Mexico,
Nicaragua, Paraguay, Peru, Philippines, Poland, South Africa, Sri Lanka,
Syrian Arab Republic, Turkey, Uganda, Zaire.
19. t the time of completion of the present report, replies had been
received from seven Governments, namely Chile, China, Colombia, Iraq,
Nicaraqua, Poland and Turkey.
20. These letters and the replies thereto are suinnarized in chapter I I
below. The full texts are available for consultation with the secretariat.
1
C. Urqent aopeals to Governments
:: 21. In the course of his mandate, the Special Rapporteur received information
containing allegations of inininent or threatened suninary executions which
appeared prima facie relevant to his mandate. In response, the Special
h Rapporteur addressed an urgent message by cable to the following Governments
requesting information concerning those allegations: Colombia, El Salvador, . .
Guinea, Haiti, Islamic Republic of Iran, Jamaica, Jordan, Kuwait, Nigeria,
Somalia, Tunisia. Replies were received from the Governments of Colombia,
e : Kuwait and Tunisia. ‘
22. On 17 July 1987, a letter was sent to the Government of Guinea which had
not replied to the Special Rapporteur's message sent in 1987, reiterating the
request for information on the cases in question. .
23. These appeals and the replies received are suiwnarized below. The full
texts are available for consultation in the secretariat files.
Colombia .
—
24. A message was sent on 5 February 1987 concerning the case of a
trade_unionist in Cali allegedly facing an imminent threat to his life and to
his family. In view of a number of other allegations of death threats made
aqai 5 trade—unionists who were later killed in a sunruary or arbitrary
manner, the Special Rap p orteur expressed his concern and requested
information, in particular on any investigation of the case by the appropriate
authorities and on the steps taken by the Government to ensure the safety of
the Person concerned.
25. •A reply dated 12 August 1987 was received from the Ministry of Foreign
Affairs of Colombia, informinq the Special Rapporteur that the Office of the
Attorney_General had been conductinq an investigation into the case and had
r
E/CN. 4/ 1988/22
page 4
appointed the Regional Prosecutor at Cali, Department of Va ne, to conduct the
investigation on 14 May 1987. It was stated that the requisite period of time
: . for the investigation had not yet elapsed. .
26. A message was sent on 27 June 1987 concerning another trade—unionist in
Cali allegedly facing an imminent threat to his life. The Special Rapporteur
as in the above—mentioned case, expressed his concern and requested
information on the case, and in particular information on any investiaatjon
and the steps taken to ensure the safety of these persons.
27. At the time of preparation of this report, no reply had been received
from the Government of Colombia to the message sent on 27 June 1987.
: El Salvador
ZO. A message was sent on 24 June 1987 concerning 3 persons who were
allegedly stabbed while in the custody of soldiers of the government forces
and then left for dead on 13 June 1987 in Canton Plan Verde, La Laguna
jurisdiction, Department of Chalatenango, and also concerning 14 university
teachers and students allegedly under death threats from a so—called “death
squad”. The Special Rapporteur requested information on these cases and in
particular information on any investigation carried out by the appropriate
authorities and on the steps taken to ensure the safety of the persons
concerned.
29. At the time of preparation of this report, no reply had been received
from the Government of El Salvador.
- i , - Guinea - -
30. A message was sent on 8 May 1987 concerning 58 persons reported to have
been sentenced to death by the State Security Court and the Military Court.
The proceedings at these courts were alleged to have been secret and no right
of appeal was said to have been granted. The Special Rapporteur appealed to
: the Government of Guinea to stay the execution of these sentences and to
ensure application of articles 6 and 14 of the International Covenant on Civil
and Political Rights to which Gtiinea is a party. He also requested
information on any action taken on the cases by the Government.
- - - ‘ 31. On 17 July 1987, a letter was sent to the Permanent Mission of Guinea to
the United Nations Office at Geneva, reiterating the Special Rapporteur's
request for information on the above—mentioned cases. In the letter, the
Special Rapporteur stated that he would hold himself available for any
consultations which might be considered desirable and that consui.ations,
should the Government be in agreement, could also taken place in the course of
a visit in situ, at which time the allegations in question and any other
matter related to his mandate could be discussed.
32. At the time of preparation of this report, no reply had been received
from the Government of Guinea.
r
E/CN.4/1988/22
page5 , . . .
La itt
—
3. A message was sent on 17 September 1987 concerning a number of persons
who were allegedly shot at by members of the security forces or attacked by
groups of armed civilians with the connivance of the security forces, in
particular three journalists shot at during a demonstration on 25 July 1987 by
- - soldiers in Port—au—prince and six priests attacked by armed civilians on
23 August 1987 near Saint—Marc. The Special Rapporteur requested information
on any investiqation carried out concerninq these cases and, in particular on
the measures taken in order to guarantee the security of these persons.
. message was sent on 23 November 1987 concerning a number of persons,
includinq the nine members of the Conseil. &ectoral provisoire (CE?) and
candidates for the presidential and parliamentary elections, scheduled to be
- - held on 29 November 1987, whose lives were allegedly threatened by numerous
attacks aimed at them, their offices or property. tn view of a number of
similar incidents during the previous months in which several persons had been
killed or severely wounded by members of the security forces or groups of
armed civilians, in particular the killing of two prospective presidential
candidates on 2 August and 15 October 1987 and the killing of 23 persons
during a series of general strikes and demonstration in June and July 1987,
the Special Rapporteur expressed his concern and appealed to the Government to
take every possible measure to protect the life of such persons, and requested
infor mation on the cases in question, and in particular on any investigation
carried out and the steps taken by the Government to ensure the safety of
these persons.
35. A message was sent on 10 December 1987 concerning 50 persons allegedly
arrested on 30 November and 1 December 1987 in the Carrefour Feuille area. In
view of the alleged execution of some 50 persons at Fort Dimanche on
28/29 November 1987 by the security forces and also the reported killings of
some 30 persons in Port—au—Prince alone, itwuediately before the scheduled
election on 29 November 1987, by groups allegedly supported by the Government,
the Special Rapporteur expressed his concern for the life and security of
those arrested on 30 November and 1 December 1997, and appealed to the
‘ Government to take every possible measure to protect the life of such
persons. He also recuested information on these persons as well as on the
alleged execution and the alleged killings of persons immediately before the
scheduled election, and in particular information on any investigation on
these cases and the steps taken by the Government to preve-'t further violation
of the riqht to life.
At the time of preparation of this report, no reply had been received
tEam the Government of Haiti to any of these messages.
Islamic Republic of Iran
37. A message was sent on 29 April 1987 concerning the alleged imminent
execution of 14 persons without due regard to the safeguards envisaged in the
International Covenant on Civil and Political Rights for the protection of the
right to life. The Special Rapporteur also referred to an alleged execution
Of a person on 25 January and ar-other in March 1987 in similar circumstances.
It was reported that all these persons belonqed to the Baha'i faith. The
Spec ial Rapporteur requested information on the present circumstances of these
ind ividuals
I
. ‘
E/CN.4/1988/22
page 6
38. It was subsequently reported that 2 of the 14 had been executed on
28 September 1987.
39. A message was sent on 23 September 1987 concerning the alleged ilranjnent
execution of two persons who had been sentenced to death in a trial allegedly
of a sunm ary nature. The right to appeal to a higher tribunal was allegedly
not guaranteed. The Special Rapporteur appealed to the Government to make
every effort to ensure that the right to life of the two persons be protected
in the manner stipulated in the International Covenant on Civil and Political
Rights and in the annex to Economic and Social Council resolution 1984/50
entitled “Safeguards guaranteeing protection of the rights of those facing the
death penalty”. He also requested information on these cases and on the
proceedings of the trials in which they had been sentenced to death.
40. A message was sent on 19 October 1987 concerning the alleged inm jnent
execution of the remaining 12 persons mentioned in the Special Rapporteur's
message sent on 29 April 1987. The Special Rapporteur reiterated his appeal
that the right to life of the 12 persons be protected and requested
information on their present circumstances.
41. A message was sent on 3 November 1987 concerning five persons reportedly
arrested on 21 October 1987. It was reported that the five persons belonged
to the Baha'i faith. In view of the alleged execution without trial of
persons in similar circumstances, the Special Rapporteur appealed to the
Government to ensure that the right to life of the above—mentioned persons be
protected and that every effort be made to guarantee the rights of those
persons in detention as provided for in the International Covenant on Civil
and Political Rights. He also requested information on their present
circumstances.
42. At the tine of preparation of this report, no reply had been received
from the Government of the Islamic Republic of Iran to any of these messages.
Jamaica -
43. A message was sent on 18 November 1987 concerning a person of unsound
mind, who had been sentenced to death on 12 March 1981 and was said to be
scheduled to be executed on 19 November 1987. The Special Rapporteur ,
referring to the annex to Economic and Social Council resolution 1984/50
entitled ‘Safeguards guaranteeing protection of the rights of those facing the
death penalty”, requested information on the case, in particular on the-
person's present state of mind as established by a psychiatrist, and appealed
to the Government to stay the execution for the time being.
44. Ct was subsequently reported that a stay of execution had been granted.
45. At the time of preparation of this report, no reply had been received
from the Government of Jamaica. -
Jordan
46. A message was sent on 14 January 1988 concerning three persons who were
sentenced to death on 10 January 1988 by the Military Court in Ann hlan. The
right to appeal to a higher tribunal was allegedly not guaranteed. The
Special Rapporteur, referring to article 14, paragraph 5, of the Interflatb0
E/cN . 4/19 8 8/' 22
page 7
covenant on Civil and Political Rights, to which Jordan is a party, requested
information on these cases, in particular concerning the procedure of the
military court under which the three persons were sentenced to death.
41. At the time of preparation of this report, no reply had been received
from the Government of Jordan.
Kuwait
48. A message was sent on 12 June 1987 concerning six persons who were
sentenced to death on 16 June 1987 by the State Security Court. The Special
. . Rapporteur took note of the note comunicated to him on 3 February 1987
concerning the case mentioned in his last report (E/CN.4/1987/20,
paras. 45—46) by the Government which stated that every person accused of an
offence against State security was tried in accordance with the provisions of
Act No. 26 of 1969 under which the State Security Court was established, that
the rules and procedures set forth by that act ensured that the accused was
able to defend himself and that judgements of the State Security Court were
final and subject to no form of appeal, lie nevertheless appealed to the
Government to make every effort to ensure that the right to life of the
accused be- protected in the manner stipulated in the International Covenant on
Civil and Political Rights and in the annex to Economic and Social Council
resolution 1984/50 entitled “Safeguards guaranteeing protection of the rights
of those facing the death penalty”.
49. A reply dated 18 June 1987 was received from the Permanent Mission of
Kuwait to the United Nations Office at Geneva, stating that the Peroeanent
Mission believed that the contents of the above—mentioned note constituted an
adequate reply to any questions concerning death sentences that had been
passed, or might be passed in future, by the State Security Court. It was
also stated that Kuwaiti law made full provision for the defence of the
accused in order to safeguard the principles of justice before the courts.
Nigeria
5 0. A message was sent on 26 November 1981 concerning a 17—year—old boy who
was sentenced to death in early November 1987 by the Robbery and Firearms
Tribunal in Kwara State. The right to appeal to a higher tribunal was
allegedly not possible, The Special Rapporteur, referring to Articles 6,
Paragraph s, and 14, paragraph 5, of the International Covenant on Civil and
Political Rights as well as to the annex to Economic and Social Council
resolution 1984/50 entitled “Safeguards guaranteeing protection of the rights
of those facing the death penalty , requested information on the case, in
particular the procedure of the tribunal under which the above—mentioned
Person was sentenced to death. ‘
51. At the time of preparation-of this report, no reply had been received
from the Government of Nigeria.
Somali a
— .
52, A message was sent on 21 April 1987 concerning 10 persons who were
allegedly sentenced to death on 8 April 1987 by the National Security Court in
Moga j 5 0 It was alleged that the trials before the National Security Court
had been of a su iTtuary nature and that the defendants did not have the right to
. .‘
E/CN.4/1988/22
page 8
appeal to a higher tribunal. The Special Rapporteur, referring to article 14
of the International Covenant on Civil and Political Rights, requested
information on these cases.
53. It was subsequently reported that the death sentences on 9 of the 10
persons mentioned above had been conunuted to life imprisonment on
4 August 1987.
54. At the time of preparation of this report, no reply had been received
from the Government of Somalia.
Tunisia
55. A message was sent on 25 September 1987 concerning some go persons who
were being tried by the Special Security Court (allegedly set up for the
purpose) and for whom the Government had requested the death penalty. tt was
alleged that no appeal to a higher tribunal was allowed against the verdict
. ‘ and sentence of the Security Court. The Special Eapporteur appealed to the
Government to make every effort to ensure that the right to life of the
accused be protected in the manner stipulated in the International Covenant on
Civil and Political Eights, in particular in regard to the right to a fair
trial, including the right to appeal.
56. It was reported subsequently that seven of those tried by the Security
Court had been sentenced to death. Five of the seven were said to have been
sentenced to death in absentia and the remaining two were executed on
8 October 1987. Furthermore, one of the five sentenced to death in absentia .
was arrested on 14 October 1987. .
57. A oeessage was sent on 19 October 1987 concerning the above—mentioned
person who had been sentenced to death in absentia and later arrested. The
Special Rapporteur reiterated his appeal that the right to life of the accused
be protected in the manner stipulated in the above—mentioned Covenant and
requested information on the trial proceedings in question.
58. On 21 December 1987, a letter was received from the Permanent Mission of
Tunisia to the United Nations Office at Geneva transmitting a reply by the
Ministry of Foreign Affairs of Tunisia to the messages of 25 September and
19 October 1987. according to that corrununication, the trials referred to in
the messages of the Special Rapporteur were conducted in a fair manner. The
defendants had full rights to defend themselves and their attorneys enjoyed
all the safeguards provided by the law for pleading in favour of their
clients. With regard to the execution of the two men who were- sentenced to .
death, an official comrnuniqu of the Ministry of Justice of Tunisia, which was
attached to the reply, affirmed that one had been convicted of complicity in .
murder attempt by explosives and the other of attempted premeditated murder,
and that both had been convicted of perpetrating an attack aimed at chang2ng
: the form of government and overthrowing the r&giine, and of membership of an . -
unauthorized association. The two men had lodged an appeal against their
sentences but the appeal had been rejected. They had then appealed to the
President of the Republic for mercy, but the President had decided to reJect
their appeal.
— -.. - - - -
E/CN.4/1988/22
. page9
. D. Visit to Suriname .
59. The Special Rapporteur, in the context of his mandate, visited Surjname
from 16 to 24 August 1987 with the agreement of the Government.
60. It may be recalled that the Special Rapporteur had addressed a cable to
the Government of Suriname on 18 December 1986 concerning allegations of
sunnary or arbitrary executions. These allegations were reflected in the
Special Rapporteur's report to the Corroeission on Human Rights at its
forty—third session (E/CN.4/1987/20, paras. 58—60).
61. Later, on 9 January 1987, the Special Rapporteur addressed a letter to
the Government of Suriname, stating that he would remain available for any
contact or dialogue with the Government.
62. Subsequently, it was agreed between the Special Rapporteur and the
Government of Suriname that his visit to Suriname would take place starting on
16 August 1987.
63. The Special Rapporteur visited Surinaine from 16 to 28 August 1987. In
connection with his visit to Surj.name, he also visited the Netherlands
from 13 to 16 August, and French Guiana from 14 to 18 August 1987, to meet
several persons whose experience might be relevant to his mandate.
64. An account of the Special Rapporteur's visit to Suriname is contained in
the annex to this report.
)
E/CN.4/ 19 88/2 2 .
page 10
. . II. SiTUATIONS . .
65. The information received by the Special Rapporteur in the course of his
present mandate includes allegations of executions or deaths which may have
taken place in the absence of the safeguards designed to protect the right to
life embodied in various international instruments, such as the International
Covenant on Civil and Political Rights (arts. 4, 6, 7, 9, 14 and 15), the
Standard Minimum Rules for the Treatment of Prisoners (Economic and Social
council resolutions 653 C (XXIV) of 31 July 1957 and 2076 (LXII) of
13 May 1977), the Code of Conduct for Law Enforcement Officials
(General Assembly resolution 34/169 of 17 December 1979) , the Convention
against Torture and Other Cruel? Inhuman or Degrading Treatment or Punishment
(General Assembly resolution 39/46 of 10 December 1984) , and the Safeguards
guaranteeing protection of the rights of those facing the death penalty
adopted by the Economic and Social Council in resolution 1984/50.
66. This information generally related to allegations of the following nature:
(a) Actual or imminent executions:
(i) Without a trial; .
(ii) With a trial but without safeguards designed to protect the
rights of the defendant as provided for in article 14 of the
above—mentioned Covenant;
(b) Deaths which took place: :
(i) As a result of torture or cruel, inhuman or degrading treatment
during detention; . .
(ii) As a result of abuse of force by police, military or any other
governmental or quasi—governmental forces;
(iii) As a result of assault by paramilitary groups under official . .
control; . . • . .
(iv) As a result of assault by groups opposing the Government or not
under its control. . - .
Burma
67. On 4 December 1987, a letter was addressed to the Government of Burma
tran nitting information alleging that over the past two years several unarmed
villagers had been killed by security forces in Karen and Kachin States in the
context of an armed conflict between Government forces and rebels, and that i L
many cases victims had been tortured before- being killed. Four of the .
incidents alleged to have occurred in Karen State in 1986 and 16 alleged to
have occurred in Kachin State in 1987 were described by way of example.
68. The Special Rapporteur, referring to article 6, paragraph 1, of the
international Covenant on Civil and Political Rights, requested information Ott
the allegations.
.7.:
E/CN.4/1988/22
page U.
t the time of preparation of this report, no reply had been received
from the Government of Burma. .
70. On 4 December 1987, a letter was addressed to the Government of Chad
nsmitting information alleging that during the past several years a number
of persons had been executed without trial. Four cases alleged to have
occurred in 1986 were described by way of example. In addition, another
alleged case of death in detention as a result of torture on 23 April 1987 at
the headquarters of the Direction de la documentation et de La s curit in
NWjamena was also transmitted.
71. The Special Rapporteur, referring to articles 6, paragraph 1, 7 and 10,
paragraph 1, of the International Covenant on Civil and Political Rights, the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
punishment and the Standard Minimum Rules for the Treatment of Prisoners,
requested information on the alleged cases of death, and in particular on the
investigation carried out on these cases, including autopsy reports and the
measures taken by the appropriate authorities to bring the persons responsible
to justice. .
72. At the time of preparation of this report, no reply had been received
from the Government of Chad.
Chile
73. On 4 December 1987, a letter was addressed to the Government of Chile,
referring to the reports prepared by the special Rapporteur of the Commission
on Human Rights on the situation of human rights in Chile, in particular.
E/CN.4/l987/7 submitted to the Commission on Human Rights at its forty—third
session and A/42/556 submitted to the General Assembly at its forty—second
session. These two recorts mentioned cases which allegedly concerned the
right to life (E/cN.4/1987/7, chap. IV, A; A/42/556, chap. IV, A). These
cases concerned deaths in custody, deaths as a result of the activities by law
enforcement officials and killings by unidentified armed groups.
74. In the same letter, the special Rapporteur took note of the letter
dated 13 November 1986 from the Permanent Representative of Chile to the
United Nations Office at Geneva, conveying the Government's view that it was
. .. inappropriate for more than one special rapporteur of the same CozrnnissiOn to
deal with the same situatiolt. In that regard, the-Special Rapporteur stated
that, under 2conomic and Social Council resolution 1987/60, as in previous
resolutions on sununary or arbitrary executions, he had been requested to
continue to examine situations of summary or arbitrary executions and had
accordingly dealt with situations in various countries which might be relevant
to nis mandate, including those currently dealt with under other mandates
emanating from the commission.
7 5. The Special Rapporteur requested information on the cases referred to
above and in particular on any investigations made and any measures taken by
the authorities and/or the judiciary in order to establish the facts and to
bring those responsible to justice.
1
E/Cr l.4/1988/22
page 12
76. on 18 December 1987, a note was received from the Permanent Mission of
Chile to the United Nations Office at Geneva, referring to a letter sent by
the Special Rapporteur on 4 December 1987 and transmitting, •by way of reply,
another note, dated 1 December 1987, by the Permanent Mission of Chile to the
United Nations Office at Geneva. That note reiterated the Government's view
that any information regarding the situation of human rights in Chile would be
provided to the Special Rapporteur of the Conunission on Human Rights on the
situation of human rights in Chile.
China
77. On 4 December 1987, a letter was addressed to the Government of China,
transmitting information alleging that in Lhasa, Tibet Autonomous Region, in
September 1987, three persons had been executed, two of them inuiediate l.y after
having been condemned to death at a public rally, and also that, on
1 October 1987, a number of persons had died in Lhasa during and after a riot
as a result of the activities of the police.
78. The Special Rapporteur, referring to articles 6, paragraph 1, and 14 of
the International Covenant on Civil and Political Rights and the
United Nations Code of Conduct for Law Enforcement Officials, requested
information on the alleged cases, in particular information on the legal
proceedings which had led to the alleged executions and also on any
investigations made and any measures taken by the authorities and/or the
judiciary to establish the facts and to bring those responsible to justice.
79. On 13 January 1988 a reply was received from the Permanent Mission of
China to the United Nations Office at Geneva, stating that sununary or
arbitrary executions were effectively prevented by the strict enforcement of
the Constitution, the Criminal Law, the Criminal Procedure Law and other laws
and statutes of China.
80. With regard to the execution of two persons, it was stated that all
criminals in China were handled by Chinese judicial organs strictly in
accordance with the procedures provided for by law from the filing of a case,
through the investigation, arrest, prosecution and trial to the sentence.
Execution of sentence prior to the conclusion of criminal procedures was .
stated to be strictly forbidden by law. Sometimes Chinese judicial organs
were stated to hold public rallies to announce the death sentence of certain
criminals who were bnuediately executed, but all this was stated to come after
the conclusion of all criminal procedures, which guaranteed the full exercise
of the right to appeal and other rights of the accused, and the review and
approval of the death sentence by the Supreme People's Court or a High
People's Court. The execution of the two persons in Lhasa on
24 September 1987 was stated to have been conducted in accordance with
the above—mentioned procedures.
81. with regard to the death of a number of persons in Lhasa on
1. October 1987, it was stated that the investigation showed that during the
riot six persons had died, 19 public security officers had been seriously
injured and many more persons had received minor injuries. The cause of the
casualties was stated to be that some rioters had snatched guns from publLC
security officers and fired into the crowd besides hurling rocks, It was
stated that the six people had been killed in that situation.
E/cN 4/1988/22
page 13
62. The public security officers, strictly observing orders from above, were
stated to have neither fired nor counter—attacked. The allegation of
indiscriminate shooting at the crowd by Chinese policemen was stated to be
baseless.
mbia
83. On 24 July 1987, a letter was addressed to the Government of Colombia
transmitting the allegation that, during the period from January 1986 to
April 1987, over 100 persons were killed by military or paramilitary forces.
The alleged victims were, in many cases, reportedly connected with the Uni6n
patri6tica opposition party, but they also included teachers, students,
trade—unionists, farmers and members of Indian community councils. Other
victims were reportedly killed as a result of conflicts over land ownership.
The letter specifically referred to six members of a peasant community who
were allegedly killed by an army patrol.
84. On 6 November 1987, the Special Repporteur addressed a letter to the.
Government of Colombia transmitting the allegation that, during the period
from April to October 1987, a considerable number of deaths cccurred in the
country, which were allegedly perpetrated by, or with the complicity of
members of the security forces. The victims were reported to be members of
Indian communities, lawyers or university lecturers involved in the activities
of farmers' and peasants' associations, as well as other human rights
activities, trade—unionists, politicians, former political prisoners and
political prisoners killed upon their release from gaol. Names of 37 victims
were given by way of illustration.
85. The Special Rapporteur, in the above—mentioned letters, requested the
Government of Colombia to provide information on the cases submitted to it,
and in particular on any investigations carried out and any measures taken by
the authorities and/or the judiciary in order to establish the facts and to
bring those responsible to justice.
B6. On 7 September 1987, a reply was received from the Permanent Mission of
Colombia to the United Nations Office at Geneva transmitting 19 official
conununications containing information on cases of death submitted by the
Special Rapporteur to the Government of Colombia in communications
dated 9 June 1986 and 29 October 1986 (see E/flL.4/l987/2O , paras. 86—93).
Eighteen of those cases were reportedly still under investigation by the
Office of the Attorney—General of the Nation or by regional prosecutors, in
accordance with Colombia's legal system. The Government promised it would
keep the Special Rapporteur informed of the progress and findings of the
inquiries. One of these cases concerned a Supreme Court judge; the Government
Pointed out in its reply that he had received death threats from drug
traffickers and had been conducting proceedings, as part of hi s judicial
duties, relating to the drug traffic. Regarding another of the cases, the
Government affirmed that everything possible had been done to establish the
identity of the murderers, but that no serious evidence of guilt had yet been
obtainea. The Government none the less promised that it would keep the
Special Rapporteur informed of the progress and findings of the in4uiries..
W].th regard to the case of one person who had died during the take—over and
Subsequent recovery of the hall of Justice by the armed forces in
November 1985, the Government noted in its reply that no investigation had
F /CN.4/i988/22
page 14
been ordered into his death, since the Court of Criminal Investigation which
carried out the inquiry into the events had found no legal basis for
determining that the death of that person was an homicide. . .. .
87. On 16 October 1987, a reply was received from the Ministry of Foreign
Affairs of Colombia containing information on the death of six mentors
of a peasant community, cotununicated to the Government of Colombia on
24 July 1987. According to that information, an investigation had been
carried out by a counsel appointed by the prosecutor assigned to the armed
forces. He had concluded that it was not possible to infer from the material
collected any responsibility attributable to military personnel, but that, if
in the future new proof was found which itr Licated then, a formal inquir
would be initiated into any reprehensible and punishable conduct which might
come to light. Subsequently, it was decided to continue the preliminary
investigation. The Government promised that it would keep the
Special Rapporteur informed of progress in the investigations under way and
their outcome.
88. On 2 December 1987, a letter was received from the Ministry of Foreign
Affairs of Colombia containing information on 24 of the cases communicated to
the Government of Colombia on 6 November 1987. According to that information,
the cases were currently under investigation. In some of the cases special
investigators had already been designated. With regard to nine other cases . .
coumunicated to the Government on the same date, it was stated that no
complaints had been filed and it was requested that further information be
provided by the Special Rapporteur regarding the identity of the alleged
victims and the circumstances of their death. The Government of Colombia
praiUsed to keep the Special Rapporteur informed of the progress and results
of the investigations.
89. On 10 December 1987, a letter was received from the Ministry of Foreign
Affairs of Colombia containing information on one case communicated to the
Government of Colombia on 6 November 1987. That case concerned the death, on
11 October 1987, of Mr. Jaime pardo Leal, leader of the tJni6n patri6tica
party. According to that information, contained in a report published
by the Ministry of Justice of Colombia, following the assassination of
Mr. Pardo Leal, an investigation was carried out into the circumstances of the
killing. It was concluded that it was not politically motivated, but was an
. . act of reprisal on behalf of organized crine and drug trafficking gangs. The
perpetrators and instigators of the killing were known to the authorities and
one suspect had already been apprehended. The Attorney—General was closely
following the progress of the investigation carried out by the competent
authorities art the Government promised to keep the Special Rapporteur
‘: informed of the progress made and conclusions.reached in- the investigations.
90. On 4 December 1987, a note was received from the Permanent Mission of
Colombia to the United Nations Office at Geneva transmitting the following
texts concerning the efforts made by the Government of Colombia to protect
human rights:- -
(a) Decrees l4os. 2110 and 2111 of 8 November 1987 appointing an Adviser
. - . to the President of the Republic for the safeguarding, protection and
- - promotion of human rights, stipulating his functions and setting forth other
provisions;
- -.-
E/cN.4/1988/22
page 15
(b) Decree No. 2112 of the sante date, establishing a standing
consultative council for the policy of reconciliation, normalization and
rehabilitation;
(c) Corinuniquc by the Government on the investigation of the
assassination of Mr. Jaime Pardo Leal, leader of the uni6n patri6tica and
former presidential candidate, stating that drug traffickers were
unquestionably involved in this despicable crime;
(d) Two messages, dated 22 and 30 November 1987, from the President of
the Republic to the nation concerning the problems of public order and the
significance of the above—mentioned decrees;
(e) A press release by the Office of the President of the Republic,
dated 21 October 1987, on positive results in action to combat gangs of hired
killers.
91. It may be noted that on 19 May 1987 the Permanent Representative of
Colombia to the United Nations Office at Geneva submitted to the
Special Rapporteur a document issued by the Colombian Ministry of Justice,
listing measures adopted by the Government to protect the lives of persons
residing I I that country.
El Salvador
92. On 27 October 1987, a cable was addressed to the Government of
El Salvador concerning the killing of the President of the Human Rights
Connission of El Salvador on 26 October 1987 by unidentified armed men.
93. The Special Rapporteur requested information on the investigation carried
out by the Government, its outcome, the action and the measures taken to
protect the right to life.
94. At the tine of preparation of this report, no reply had been received
from the Government of El Salvador.
9 atorial Guinea .
95. On 6 Nove m ber 1987, a letter was addressed to the Government of
Equatorial Guinea transnitting information alleging that on 19 August 1986 a
person was executed after having been sentenced to death on the previous day
by the Military Court in Malabo under the “most summary procedures” as . . ..
stipulated in the law, and that the accused and his counsel were not given
adequate time to prepare the defence and the right to appeal to a higher
tribunal was not guaranteed.
96. The Special Rapporteur,. referring to articles 6, paragraph 1, and 14
the International Covenant on Civil and Political Rights, requested
information on the alleged case of execution and in particular on the legal
Proceedings involved.
97. At the time of preparation of this repott, no reply had been received
from the Government of Ecuatorial Guinea.
. 1
I.
E/CN.4/ 1988/22
page 16
Guatemala . . . - - - -
98. On 24 July 1987, a letter was addressed to the Government of Guatemala,
transmitting information alleging that, during the period from November 1986
to March 1987 over 100 persons were allegedly killed in various areas of the
country. The victims allegedly included students, teachers, trade—union
activists a i d fanners, and in most cases the perpetrators were said to be
members of paramilitary groups or unidentified armed men. In several reported
cases members of the security forces or police were allegedly involved. Eight
alleged incidents of killings were described by way of example.
99. The Special Rapporteur requested information on these cases and in
particular on any investigations made and any measures taken by the
authorities and/or the judiciary in order to establish the facts and to bring
those responsible to justice.
100. On 4 December 1987, a letter was addressed to the Government of
Guatemala, transmitting information alleging that cases of killings continued
to be reported during the peri from January to September 1987. All of the
victims including trade—unionists, students and farmers, had allegedly been
made to disappear before their bodies were discovered.
101. The Special Rapporteur, stating that a list of more than 100 alleged
cases was in his possession, requested information on those cases and in
particular on any investigations made and any measures taken by the
authorities and/or the judiciary in order to establish the facts and to bring
those responsible to justice.
102. At the tine of preparation of this report, no reply had been received
from the Government of Guatemala.
Honduras
103. On 24 July 1987, a letter was addressed to the Government of Honduras,
transmitting information alleging that during the past year several persons
were killed in various parts of the country by members of the security forces,
police or unidentified armed men. In all these cases no proper investigation
or any other action against those responsible was allegedly taken. Four of
such incidents of killing were described by way of example.
104. The Special Rapporteur, referring to articles 6, paragraph 1, and 7 of
the International Covenant- on Civil and- Political Rights, the Convention -
against Torture and Other Cruel, Inhuman or Degrading Treatment or punishment,
and the United Nations Code of Conduct for t aw Enforcement Officials,
requested information on these alleged cases of killing, and in particular on
the investigation of these deaths, including autopsy reports and the measures
taken by the appropriate authorities in order to bring those responsible to
justice.
105. At the time of preparation of this report, no reply had been received
from the Government of Honduras.
—
E/aJ.4/ 1988/22
page 17
.. . . . ..
o6. On 4 December 1987, a letter was addressed to the Government of India,
transmitting information alleging that, at the end of May 1987, during
conmiunal violence in Meerut, !Jttar Pradesh, a number of persons were found
dead. These persons were allegedly shot dead by the Provincial Armed
constabulary (PAC) after having been arrested. In addition, several other
persons allegedly died in detention as a result of ill—treatment by the police
ar PAC. It was reported that the State and central Governments had taken
steps to investigate those deaths, but that the result of the investigations
had not been made public.
107. The Special Rapporteur requested information on the above—mentioned cases
and in particular on investigations carried out and any measures taken by the
authorities and/or the judiciary in order to establish the facts and bring
those responsible to justice.
108. At the time of preparation of this report, no reply had been received
from the Government of India.
Iran (Islamic Republic of ) .
109. on 24 July 1987, a letter was addressed to the Government of the Islamic
Republic of Iran transmitting information alleging that during the past year a
number of prisoners were executed without trial. Those allegedly executed
were said to have been supporters of the Mujahedin organization and members of
the Baha'i faith. Eleven alleged cases were described by way of example.
110. The Special Rapporteur, referring to articles 6, paragraph 1, and 14 of
the International Covenant on civil nd Political Rights requested information
on these alleged cases of execution, and in particular information on any
legal proceedings in that connection.
111. At the time of preparation of this report, no reply had been received
from the Government of the Islamic Republic of Iran.
112. On 24 July 1987, a letter was addressed to the Government of Iraq,
transmitting information alleging that during the past year a number of
Persons were executed without trial, namely five persons in Abu Araib prison
near Baghdad in. August. l986r 2.2. persons in An—Najaf on 9 January1987, at
least 29 children and young men in As—Sulaimaniyah in January 1987 and eight
persons in As—Su laimaniyah on 12 May 1987.
113. the Special Rapporteur requested information on these cases and in
particular on the legal proceedings, following• which the alleged exeuctions
ght have been carried out.
114. On 26 August 1987, a reply was received from the Permanent Mission of
Irao to the United Nations Office at Geneva, stating that with regard to the
alleged execution of at least 29 children and young men in As—Sulaimaniyah in
January 1987, seven of the persons participated in, and were found guilty of
...r l les and acts of sabotage, the transport of weapons and explosives and their
Use against public and private institutions and citizens. It was further
E/CN .4/1988/22
page 18
stated that they had been sentenced to death by hanging in accordance with the
Iraqi Penal Code, by a competent court which had respected all the legal
safeguards and ap inted a lawyer to defend them. Those who were sentenced to
death were stated to have attained full legal age, as defined in Iraqi law.
Another person mentioned in the allegation as having been executed was stated
to have been sentenced to life imprisonment. The other alleged cases of
execution mentioned above were denied.
- 115. On 6 November 1987, a letter was addressed to the Government of Iraq,
transmitting information alleging that in September 1986 seven persons were
executed after having been sentenced to death on charges of economic
. corruption by an ad hoc court set up for the purpose and the sentences were
ratified by a presidential decree. The trial in which the seven were
. sentenced to death was said to have been held in camera . In addition, it was
alleged that in the past several years a number of Iraqi nationals outside the
. - country had been killed or attacked in attempted assassinations by persons
. acting under the orders of the Iraqi authorities. Four alleged cases were
. described.
! 116. The Special Ranporteur requested information on these cases, and in
: particular on the trial proceedings by which the death sentences were given,
: any investigations carried out or other measures taken by the authorities
: and/or judiciary in order to establish the facts and to bring those
responsible to justice.
117. On 30 December 1987, a reply-was received from the Permanent Mission of
Iraq to the United Nations Office at Geneva, stating that the seven persons
‘. executed had been referred to the competent court, where they were provided
with the requisite defence in accordance with the provisions and rules
applicable in the Iraqi courts; lawyers were designated to defend them; the
accused confessed to the charges made against them; it was proved in court
. that their acts had damaged Iraq 's economic position because they had spied on
behalf of foreign companies in return for the coinissions they received. On
the basis of article 164/1, Lh/l of the Criminal Code as modified by
, Act No. 77 of 1984, and under articles 49 and 50 thereof, they were convicted
and sentenced to execution by hanging; these sentences were officially
. : - - -S ' announced and published in the local newspapers. -
- 118. With regard to the alleged killings or attempted assassination of a
I number of Iraqi nationals outside the country, it uas stated that the
- establishment of responsibility for such crines lay within the sovereign
‘ ‘ jurisdiction of those States on whose territories the crimes were committed,
‘ - ‘ since Iraq had nothing to do with the matter.
: Israel -
: 119. On 4 December 1987, a letter was addressed to the Government of Israel,
: transmitting information alleging that, in the territories occupied as a
-. . result oL the hostilities of June 1967, a number of persons had been killed in
: recent years during demonstrations, at road—blocks or while escaping from
, . arrest by the military, as a result of arbitrary or excessive use of force by
: members of the Israeli Defence Forces. Eighteen such killings alleged to have
: occurred since 1986 were described. In addition, it was alleged that on
. 24 July 1987 a person died as a result of torture at Jenin Prison where he had
been detained and interrogated by the Security Service. In November 1987, the -
- - —
E/CN.4/i98B/22
page 19
Attorney—General reportedly ordered an investigation into his death and set up
. . a special police team to carry out the investigation. Furthermore, several
persons were allegedly killed by unidentified perpetrators. Four such
killings were described.
120. The Special Rapporteur, referring to articles 6, paragraph 1, 7 and 10,
paragraph 1, of the International Covenant an Civil and Political Rights, as
well as the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, and the United Nations Code of Conduct for Law
Enforcen'ent Officials, requested information on the alleged cases of deaths,
and in particular on the investigation carried out into these cases, including
autopsy reports and the measures taken by the appropriate authorities to bring
those responsible to justice.
121. At the time of preparation of this report, no reply had been received
from the Government of Israel. -
Leba non
122. On 4 July 1987, a letter was addressed to the Government of Lebanon,
transmitting information alleging that between September 1986 and the end of
February 1987 an estimated 500 to 600 persons died in armed conflicts
involving Palestinians, Shiite Anial militias and civilian local population in
Beirut, Tyr and Saida. The victims reportedly included a large number of
Palestinian civilians in the camps of Bourj el Brajneh, Shatila and
Rashidiyeh. In addition, it was alleged that unarmed civilian Palestinians
living outside these camps had been sunmiarily killed by Anal militiamen.
123. The Special Rapporteur, stating that, while the situation might have been
beyond the Government's control, it would be relevant to his mandate to take
note of the incidents in Lebanon where the right to life of individuals, in
particular that of non—combatants, might not have been respected by the
conflicting groups, requested information on these and similar incidents, and
in particular the measures taken to determine responsibility for them and to
prevent their occurrence and/or re currence. .
124. At the time of prep ration of this report, no reply had been received
from the Government of Lebanon.
Libyan Arab Jamahiriya
125. On 5 November 1987, a letter was addressed to the Government of the
Libyan Arab- Jamahiriya, transmitting information alleging that- durinw 1987
three Libyan nationals living outside the country, known to be opponents of
the Libyan authorities, were killed or attacked in assassination attemots by
Persons acting under the orders of the Libyan authorities.
126. The Special Rapporteur, referring to article 6, paragraph 1, of the
International Covenant on Civil and Political Rights requested information on
the above—mentioned allegations.
127. At the tine of preparation of this report, no reply had been received
from the Government of the Libyan Arab Jainahiriya.
t/cN.4/ 1988/22
page 20
Mexico
128. on 6 November 1987, a letter was addressed to th Government of Mexico,
transmitting information alleging that, on 27 April 1987, 10 peasants of the
locality of Ilamatl n, Veracruz, were killed by members of a group set up by
local authorities and headed by landowners. Following the incidents, soldiers
were said to have sealed off the village preventing anyone from entering or
leaving it.
129. The Special Rapporteur, referring to article 6, paragraph 1, of the
International Covenant on Civil and Political Rights, requested information on
the alleged killings.
130. At the time of preparation of this report, no reply had been received
from the Government of Mexico.
. . ‘ ) Nicaragua
131. on 24 July 1987, a letter was addressed to the Government of Nicaragua,
transmitting information alleging that several persons detained for political
reasons died in custody as a result af ill—treatnent. One case of death was
described by way of example. In addition, agents of the State Security were
allegedly responsible for the death of some other persons under various
: circumstances. Three such cases were mentioned by way of example.
132. The Special Rapporteur, referring to articles 6, paragraph 1, and 7 of
the International Covenant on Civil and Political Rights, the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
. , .‘ , the Standard Mini mum Rules for the Treatment of Prisoners and the
United Nations Code of Conduct for Law Enforcement Officials, requested
information on the alleged cases of deaths, and in particular on the
investigation carried out into those deaths, including autopsy reports and the
measures taken by the appropriate authorities to bring those responsible to
. ‘ justice.
133. On 14 october 1987, a reply was received from the Permanent Mission of :.
Nicaragua to the United Nations Office at Geneva, stating that all the cases
referred to in the Special Rapporteur's letter except one had been dealt with
by the Inter— American Commission on Human Rights. It was further stated that
the Government would like to draw the Special Rapporteur' s attention to the
principle governing the admissibility of complaints concerning violations of
. , human rights in the regional system, namely that a body should refrain from
hearing cases which were being or had been considered by another international
organ. In this connection, reference was made to article 2 of the optional
Protocol to the International Covenant on Civil and Political Rights,
article 27 of the Convention for the Protection of Human Rights and
Fundamental Freedoms, article 46 Cc) of the A merican Convention on Human . :
Rights, and Economic and Social Council resolution 1503 (XLVIII). .
134. with regard to the one remaining case referred to by the
Special Rapporteur, it was stated that the Government had not been
informed of the case and that, once the investigation being made by the
competent authorities had been completed, the Special Rapporteur would be 4
informed of the result.
. . .::
E/cN. 4/1988/22
page 21
1 3 On 6 November 1987, a letter was addressed to the Government of
jcaragua, transmitting information alleging that several persons died in
custody in recent months. Three of such cases were described by way of
eKainpie. In addition, in March 1987, a person was allegedly shot and stabbed
to death at his hDuse in Santo Dcviingo, Department of Choritales, by soldiers
of the government forces. This case was said to have been presented to
the Complaints Department of the Ministry of the Interior and to the
Advocate—General of the Sandinista Armed Forces, but no action was said to
have been taken thereon.
136. The Special Rapporteur requested information on the alleged cases of
death, and in particular on any investigations made and any measures taken by
the authorities and/or the judiciary in order to establish the facts and to
bring those responsible to justice.
137. On 9 December 1987, a reply was received from the Permanent Mission of
Nicaragua to the United Nations Office at Geneva, stating that two of the four
cases transmitted to the Government were under investigation by the
tnter—American Comission on Human Rights and the remaining two cases were
being investigated by the competent national authorities and the results of
these investigations would be communicated to the Special Rappotteur.
paraguay
138. On 6 November 1987, a letter was addressed to the Government of Paraguay,
transmitting information alleging that, during a land occupation operation in
the Department of Alto Paran in 1986, two farmers were shot dead by
government troops and that in April 1987 a person died after having been shot
in Colonia Repatriaci6n, Departnent of Caaguaz(i, by a group of armed civilians
acting on behalf of a member of the ruling party.
139. The Special Rapporteur requested information on the above—mentioned cases
and in particular on any investigations made and any measures taken by the
authorities arr3/or the judiciary in order to establish the facts and to bring
those responsible to justice.
140. At the time of preparation of this report, no reply had been received
from the Government of Paraguay.
Peru
141. On 6 Noventer 1987, a letter was addressed to the Government of Peru,
transmitting information alleging that, on 8 and 10 February 1987, four
farmers of the community of Tanquihua, district of San Antonio Cachi, Province
of Andahuay].as, Department of Apurimac were killed. The troops reportedly
killed the four farmers after other residents of the community had made.
accusations against them to the military authorities, alleging that they were
members of an armed opposition group. On 27 May 1987, the Peruvian Human
Rignts Association, together with members of parliament and residents of the
conz/unity reportedly filed a formal complaint with the Attorney—General and
the Latter instructed the Ad Hoc Attorney to carry out an inquiry into the
affair, together with the Attorney for the Apurimac district. The results of
this inquiry have not been reported.
E/Q'I.4/ 1988/22
page 22
142. The Special Rapporteur requested information on the alleged killings an
in particular on any investigation made and any measures taken by the
authorities and/or the judiciary in order to establish the facts and to bring
those responsible to justice.
143. At the time of preparation of this report, no reply had been received
from the Government of Peru.
144. In this connection, a letter was received on 21 August 1987 from the
Permanent Mission of Peru to the United Nations Office at Geneva, transmitting
the text of Act No. 24.700 promulgated by the President of the Republic on
22 June 1987, concerning procedural rules for police inquiries, pre—trial
proceedings and the trial of offences committed with terrorist aims.
Philippines .
145. On 4 December 1987, a letter was addressed to the Government of the
Philippines, transmitting information alleging that during the past year
unarmed civilians were killed by either members of the security forces, the
Civilian Home Defence Force, so—called “vigilante” groups said to have been
acting with official saxction, or groups of unidentified armed men.
Thirty—two of such alleged killings were described by way of illustration of
the situation.
146. The Special Rapporteur requested information on the above—mentioned cases
of alleged killings and in particular any investigations made and any measures
taken by the authorities and/or the judiciary in order to establish the facts
and to bring those responsible to justice. .
147. At the time of preparation of this report, no reply had been received
from the Government of the Philippines.
148. In this connection, a letter was received on 22 June 1987 from the
Permanent Mission of the Philippines to the United Nations Office at Geneva,
transmitting the Annual Report for 1986 of the Philippine Presidential
Comittee on Human Rights (PCHR) and Executive Order No. 163 of 5 May 1987.
The Annual Report of PCHR contained information on cases filed with PCHR and
seven fact—finding missions sent by the Committee. Among the 708 complaints
filed with PCHR, 203 cases were stated to have occurred after February 1986,
of which 60 were “salvage” cases, 27 torture cases and 17 disappearanceS.
149. The Annual Report referred to the recommendations made by PCHR to the
President, among which the following were said still to require urgent
‘ action: to repeal certain Presidential Decrees which limited the
investigation and judicial proceedings of human rights cases; to aI liSh the
Integrated Civilian Home Defence Force and other paramilitary units which have
been responsible for many of the worst violations of human rights, such as the .
massacre of unarmed communities; to prohibit secret arrests, searches and
secret detention places (safe houses) and incommunicado detention; to
discipline the innediate superiors of those found guilty of violating human
rights unless they prove that they took every reasonable precaution to prevent
such violations; to punish public officers who delay, obstruct, prohibit or
otherwise prevent visits to detained persons by an attorney, his immediate
family, doctor, religious or psychological adviser.
E/Q4.4/ 1988/22
page 23
150. It is also noted that, by Executive Order No. 163 of 5 May 1987, the
national Coimnission on Human Rights was established as provided in
article XIII, section 17, of the 1987 Constitution and PCHR was accordingly
abolished.
151. Furthermore, on 13 November 1987, a letter was received from the
permanent Mission cC the Philippines, describing provisions of the 1987
Constitution concerning human rights, in particular the right to life and the
right to physical integrity and security of person, and also transmitting
g Executive Orders repealing, modifying or amending a number of Presidential
Decrees which had affected safeguards for the protection of the human rights
provided for in the Penal Code ar other legal instruments.
Poland
152. On 24 Ju1y 1987, a letter was addressed to the Government oE Poland,
. . ) transmitting information alleging that two persons died as a result of
ill—treatment, while in detention, by members of the Pecple's Militia, one in
December 1986 and the other in April 1987.
153. The Special Rapporteur, referring to articles 6, paragraph 1, 7 and 1D,
paragraph 1, of the International Covenant on-Civil and Political Rights as
well as the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, the Standard Minimum Rules for the Treatment of
Prisoners and the United Nations Code of Conduct for Law Enforcement
Officials, requested information on the above—mentioned deaths, and in
particular on the investigation carried out into these cases, including
autopsy reports and the measures taken by the appropriate authorities to bring
those responsible to justice.
154. On 19 November 1987, a reply was received from the Permanent Mission of
Poland to the United Nations Office at Geneva, transmitting two notes from the
Office of the General Prosecutor of Poland dated 5 October and 29 October 198
concerning the two cases referred to above.
: ) 155. The note of 5 October 1987 stated that on 11 May 1987 the District
Prosecutor in Piotrkow Trybunalski had discontinued legal proceedings on one
of the cases because the investigation shnwed that no crime had been
conmiitted. It was further stated that in the course of the proceedings it had
been ascertained that on 4 April 1987 a policeman found the person concerned
lying on the road near a bus—stop in the village of Leki Szlacheckie aoe
the assistance of a passer—by, helped him to get to a nearby park whet
placed him under a tree in the- belief that he would sober up eventuall 4 .
Later he was found motionless aixi declared dead. The inspection and
Post—mortem examination of the dy performed at the Forensic Medicine
Institute of the Military Acadeny in Lodz proved that the cause of his death
Was acute circulatory and respiratory failure in the course of alcohol - -
intoxication it was stated that a bulletin of the Workers' Committee of
“Solidarnosc” of 23 April 1987 reported that the person had died as a result
of being beaten by a civil police functionary, but later a bulletin of
25 May 1987 rectified the report, stating that the person had died as a result
of a lcohol intoxication.
156. The note of 29 Dctober 1987 stated that the District Prosecutor in
COstynin was still continuing the investigation on the death of the other
- . - - -
IvcN.4/1988/22 .
page 24
person concerned which had occurred on 29 December 1986 in the municipal
hospital.in Kutno. According to the note, the investigation had so far -- . .
established the following: on 20 october 1986 the person concerned consuned a
large quantity of alcohol and was seen in Rutno neKt morning walking
unsteadily with his face bleeding and upper lip s / 1len; suddenly he fell
over backwards, hitting his head on the concrete pavement; due to his strange
and unnatural behaviour following the fall, he was detained by two ni litiaznen
and 5ent to the municipal hospital in Kutno for a medical examination; after
having been examined by a dcotor who considered him fit to remain in custody
without carrying out radiological examinations , he was placed in the custody
of the District Office of Internal Affairs in Kutno on 21 December 1986;
during detention, coercive measures were applied to him in the form of
truncheons in order to make him change his clothes into detention uniform; in
detention his behaviour continued to be strange and in the early morning of
22 December 1986 he was found in a stupor and transferred to the municipal
hospital in Kutno, where a skull trepanation was performed; it was found that
he had an intracerebra l haematoma as a result of a skull trauma in the
occipital region of his head; he died on 27 December 1986. The post—mortem
examination performed by the Forensic Medicine Departnent of the Medical
Academy in t dz found that the iiwnediate cause of his death was cerebral
haeoeatoma, caused by a skull trauma in the occipital region, combined with a
fracture of the skull; according to the autopsy report, the injury was
inflicted with considerable force by a flat instrument or by a fall against
such an instrument, and he had probably received the injury before being
detained, althouoh the possibility that the injury had been sustained during :
detention was not ruled out; his strange and uncontrolled behaviour was said
to be the consequence of an injury of the frontal lobes of the brain.
Investigation of some unexplained elements in the case was stated to be
continuing.
South Africa
157. On 24 July 1987, a letter was addressed to the Government of South Africa,
transmitting information alleging that in the course of 1986 and early in
1987, several persons had died in disturbances which took place in various
parts of the country and that a number of other persons had died in police
custody. According to a statenent made by the Minister of Law and Order in
Parliament on 2 March 1987, 83 persons were said to have died in South African
police custody during 1986, among whom 27 were said to have died of ‘natural
‘ ‘ causes”, 12 had conunitted suicide, IIree had been shot while trying to escape
and one had been stabbed by other prisoners. No details of these deaths were
reported to have been disclosed, not the names of the persons who died, the
dates of their death or the results of the subsequent-- inquiry; One caseof
death in detention in March 1987 was also described. Furthermore, it was
alleged that a number of persons had been killed as a result of incursions by
South African Defence Forces into Zambia on 25 April 1987, into Zimbabwe on
11 May 1987, into Mozambique on 29 May 1987, into Angola on several occasions,
most recently on 13 June 1987, and into Swaziland on 9 July 1987.
158. The Special Rapoorteur, stating that in the state of eI1 rgency in force
since June 1986 details of deaths in disturbances and in police custody had
not been made available by the authorities, requested detailed information Ofl
the alleged deaths, including the names of the victims and the results of the
relevant inquiries. I - fe also requested information on the incursions into
4,
t L. .. . . •. . : . :i . ..‘ . : : : :j i , LJ..: t:Ht.i1 ab I
E/CN.4/1988/22
page 25
foreign territory referred to above, in particular on those responsible for
such incursions and the steps taken by the Government to ensure that stch
actions did not recur.
155. On 6 November 1987, a letter was addressed to the Government of
south Africa, transmitting information alleging that a number of other persons
had died in police custody in 1986. Ten alleged cases of death in detention
were described by way of example. It was also alleged that deaths in township
disturbances were continuing. The total number of deaths from September 1984
to June 1987 was reported to be 2,356 and in January 1987 alone 39 persons
were said to have died, Furthermore, it was alleged that “kitskonstables”
(special police constables assigned to work in the black townships) had
coimuitted a number of arbitrary killings since they were officially
constituted in 1986. Two of such cases were described. In addition, during
the nation—wide mining strike which lasted from 9 to 30 August 1987, nine
persons were alleged to have died as a result of violence. One of the victims
was said to be a non—striking worker, and the remaining victims were striking
workers who were allegedly killed during assaults by security personnel,
non—striking workers, so—called “vigilante” groups accompanied by security
personnel or armed mobs. Also in August 1987, another person was allegedly
killed by “vigilantes” and non—striking workers during the strikes organized
by the Chemical Industrial Workers' Union.
160. The Special Rapporteur requested information on the above—mentioned cases
and in particular, on any investigation carried out and measures taken by the
authorities and/or the judiciary in order to establish the facts and to bring
those responsible to justice.
161. At the tine of preparation of this report, no reply had been received
from the Government of South Africa to either of the letters sent by the
Special Rapporteur.
Sri Lanka
162. On 24 July 1987, a letter was addressed to the Government of Sri Lanka,
transmitting information alleging that during the past year unarmed civilians
were killed either by security forces or armed opposition groups in the
context of internal armed conflicts. Fifteen alleged incidents of killings by
the security forces art four alleged incidents of killings by armed opposition
groups were described by way of example. .
163. The Special Rapporteur requested information on these alleged killings,
-and in particular, on-any investigation made and any-measures- taken by the
authorities and/or the judiciary in order to establish the facts and to bring
those responsible to justice. .
164. At the time of preparation of this report, no reply had been received
from the Government of Sri Lanka.
yrian Arab Republic
165. On 24 July 1987, a letter was addressed to the Government of the Syrian
Arab Republic, transmitting information alleging that on 1 May 1986 a person
had died in the custody of al—Mukhabarat al—Askariyya (Military Intelligence)
as a result of torture. It was further alleged that, on 20 December 1986 in
- - /
.
—
E/ N .4/l988/22
page 26
Tripoli, Lebanon, a number of unarmed civilians, including women and children,
had been among over 200 persons killed in a military operation carried out by
Syrian regular troops following attacks by armed militia groups on S rian
troops on 19 December 1986, in which 15 Syrian soldiers had been killed.
166. The Special Rapporteur, referring to articles 6, paragraph 1, 7 and 1 0,
paragraph 1, of the International Covenant on Civil and Political Rights, the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, and the United Nations Code of Conduct for Law Enforcement
Officials, requested information on the alleged death in detention, and in
particular on the investigation of the case and the measures taken by the
appropriate authorities to bring those responsible to justice. He also
requested information on the alleged deaths of civilians and in particular on
the measures taken to establish responsibility for the death of innocent
civilians and measures taken to prevent their recurrence.
167. At the time of preparation of this report, no reply had been received
from the Government of the Syrian Arab Republic.
Turkey
168. On 6 November 1987, a letter was addressed to the Government of Turkey,
transmitting information alleging that, during the first half of 1987, a
number of persons had died I I the custody of the police, six alleqed deaths in
custody were described by way of example. :
169. The Special Rapporteur, referring to articles 6, paragraph 1, 7 and 10,
paragraph 1, of the International Covenant on Civil and Political Rights as
well as the Convention against torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, the Standard Minimum Rules for the Treatment of :
Prisoners and the United Nations Code of Conduct far Law Enforcement
Officials, requested information on the above—mentioned cases, and in
particular on the investigations of these cases, including autopsy reports and
the measures taken by the appropriate authorities to bring those responsible
to justice.
170. On 18 December 1987, a note was received from the Permanent Mission of
Turkey to the United Nations Office at Geneva, giving information on the si X
cases transmitted to the Government. According to the note, one of the
persons had coirniitted suicide on 14 February 1987 by jumping from the third
floor into the stairwell; in the second case, the person, who was taken to
the border area in Ceylanpinar (Sanliurfa) district for investigation purposes 4
on 17 February 1987, ran away towards the other side of the border and was
.. . shot by security agents after having been warned. PreliMinary investigations
of the Coirn ander and four soldiers involved by the authorities was
continuing. In connection with the third case, the Pirinclik Gendarmerie
Station Conunander and four soldiers were indicted in February 1987 and the
Diyarbakir Aggravated Felony Court I acquitted the Commander and convicted the
four soldiers of charges of beating and unintentionally killing the person in
question; in the fourth case, an autopsy was conducted and the report
determined the cause of death as stomach anti intestinal disease, without
detecting any marks of violence on the body; in the fifth case, in April 1987
the person jumped out of a second floor window while trying to escape and dLed ; ; .
in hospital as a result of his injuries; and in the sixth case, in June 198
the person was found hanged in his cell vhile in custody for interrogation at
. .
. - . . . .
— - - . . .
—. —
E/CN.4/1988/22
page 27
the military detention house of Diyarbakir Martial Law Command. Subsequent
investigation by the authorities ascertained that the person had committed .
suicide and that there were no grounds for further legal actioh.
171 - On 4 December 1987, a letter was addressed to the Government of Uganda,
transmitting information alleging that during the past year non—combatant
civilians and prisoners had been killed by members of the National Resistance
Army during counter—insurgency” operations. Six such alleged killings which
occurred at the end of 1986 and the beginning of 1987 were described by way of
example.
172. The Special Raflnrteur, referring to article 6, paragraph 1, of the
international Covenant on Civil and Political Rights, requested information on
the alleged incidents.
173. At the tine of preparation of this report, no reply had been received
from the Government of Uganda.
Zaire
174. On 24 July 1987, a letter was addressed to the Government of Zaire,
transmitting information alleging that during the past year several persons
had been killed in the Kivu region by local officials, soldiers and members of
the National Security Service..
175. The Special Rapporteur requested information on the above—mentioned
alleged cases and in particular on any investigations made and any measures
taken by the authorities and/or the judiciary in order to establish the facts
and to bring those responsible to justice.
176. At the time of preparation of this report, no reply had been received
from the Government of Zaire.
I
/ / , , , - < H , “
. ‘ ; .,: :• : , ‘. . — : . . : ‘: ‘ : . : . : : ‘. .: : • : t:t •
) , , , , — ,
, ) , , , .—,, ,/ ‘— —
— —
, ,
-
. . ) ,
E/O .4/l988/22
. page28
“ UI. ANALYSIS oF THE PHENOMENON
1- 177. In his last two reports (E/CN.4/1985/21, chap. UI and E/CN.4/1987/20
! , chap. I II), the Special Ra porteur analysed the ongoing phenomenon of suffimlary
T v or arbitrary executions in the world. In E/C14.4/l986/2 ]., IIree types of
- sunnary or arbitrary executions were described as “acute phenomena”, na mely
. - ‘ J (a) killings in situations of internal conflicts; (b) killings by excessive
or illegal use of force by law enforcement agents; ar (c) deaths in custody.
, 178. The -information received by the Special Rapporteur during the period
: covered by his current mandate indicates that all types of situation continue
to exist in various parts of the world as a Universal phenomenon.
179. Along with the above—mentioned phenomena, in E/GT.4/19 07/20, the
, ij Special Rapparteur analysed two closely related issues: (a) the absence of
- H investigation, prosecution and/or punishment in cases of death, in sUspicious
‘ circumstances and (b) death sentences passed after a trial without adequate
. - safeguards to protect the right to life. .
‘ ‘ 180. In the present report, the Special Rapporteur, based on his previous
I analysis, has further dealt with the following two specific aspects of the
. , ohenotnenon : a) non—respect for the right to life by groups opposing the
. . ‘ Government or not under its control; and (b) remedial and/or preventive
: measures for the protection of the right to life.
, 181. Furthermore, the Special Rapporteur reviews the situation in a number of
countries where newly established Governments have been facing certain
‘ -i difficulties and problerrs with regard to the protection of human rights,
notably the right to life.
A. Non—respect for the right to life by groups opposing
the Government or not under its control
182. The Special Rapporteur has been aware from the early stages of his
! - mandate of the alarming phenomenon of non—respect for the right to life by
. ‘ groups opposing the Government or not under its control.
) 183. Along with the widespread phenomenon of the violation of the right to
)‘ . life by government or quasi—government forces, law enforcement agencies, or
any other government officials, the Special Rapporteur mentioned in his
. , previous reports the phenomenon of non—respect for the right to life by groups
. c posing the government or not under its control. In E/CN.4/l984/29, he
; stated as follows:
“The Special, Rapporteur has noted that the violation of the right to
life through sunvnary or arbitrary executions is the responsibility c C
. State authorities or agencies in several instances. However, the
information before the Special Rapoorteur also indicates that non—respect
of the right to life can be attributed to groups other than Governments
or quasi—governmental agencies.” (para. 145) -
E/ 0L4/l988/22
page 29
In the foll Jing report, E/CW.4/1985/17, he stated that:
“during the past year under his current mandate, the Special Rapporteur
has noted, in a number of situations, that surr inary or arbitrary
executions have occurred as countermeasures taken by Governments
responding to killings of either government officials or civilians by
non—governmental groups.” (para. 75)
“The Special Rapporteur wishes to emphasize that the primary
responsibility for ensuring respect for the right to life rests with the
State under national and international law. Haqever, this does not
exonerate groups other than Governments from observing the right to
life; indeed the Special Rapporteur has noted an increase in non—respect
for the right to life by strh groups. The Contnission on Human Rights
sbould give urgent attention to the responsibility of such groups in
ensuring that the right to life is universally respected, as required by
the international conmtunity.” (para. 76)
. . ,
Furthermore in E/04.4/1986/21, having emphasized the primary responsibility of
the State for ensuring respect for the right to life, he stated that
“non—governmental groups must also respect the right to life and inasmuch as
they engage in any killings, they must be condemned”. It was also stated that
“all acts of terrorism must be resolutely condemned” (para. 167 ). Finally, in
his last report, E/CN.4/1987/20, in his reference to the indiscriminate
violence which very often caused the death of innocent civilians, he noted
that “the phenomenon kna n as ‘terrorism' has led in some cases to instances
of reprisals or repression by organs of the State which are responsible for
order and security” and that “an act of terrorism is one which has the effect
J of sowing terror in the victim whoever the perpetrator may be” (para. 239).
184. During the past year under his current mandate, the Special Rapporteur
continued to receive information concerning deaths which allegedly occurred as
a result of assault by groups cpposing the Government or not under its
control. The information concerned more than 10 countries.
185. Among the alleged incidents of killing by non—governmental groups, the
Special Rapporteur wishes to mention in particular three such incidents in
Mozambique dining 1987 allegedly carried out by a group called the Mozambique
National Resistance (MNR) , also known as RENAMOX. on 18 July 1987, in
Homoine, 490 kilanetres north of Maputo, 408 persons were allegedly killed
indiscriminately during an MNR attack. It was alleged that among the victims
were patients in the Homoine hospital, including new—born babies and pregnant
women. On 10 August 1987, in Manjacaze, 240 kilometres north of Maputo, at
least 72 persons were allegedly killed. indiscriminately by MNR.. On . . .. .
29 October 1967, in Taninga, 80 kilonetres north of t4aputo, 278 persons,
including women and children, were allegedly killed indiscriminately by MNR.
186. Another example is the number of persons, estimated at about 270, who
have arbitrarily Lost their. lives in the Natal Province of South Africa as a
result of alleged clashes between the followers of Inkatha and the followers
of the United Democratic Frbnt and also between some clans of the Zulu tribe.
187. The Special Rapporteur wishes to emphasize again that non—respect for the
right to Life, and in particular the act of indiscriminate killing, must be
uncond i.tionany condemned under any circumstances, whoever the perpetrator may
r -
E/CN.4/1988/22
page 30
be. Such acts cannot and must not be justified morally, legally or
politically. The Special Rapporteur would expect the international community
to strengthen its efforts in this respect in the coming years.
B. Remedial and/cr preventive measures for the protection
of the right to life; international standards
188. In his last report (E/CN.4/l987/20) , the Special Raoporteur elaborated
two essential issues concerning the phenomenon of summary or arbitrary
executions, namely the absence of investigation, prosecution and/or pun Ishment
of cases of death in suspicious circumstances and death sentences passed after
a trial without adequate safeguards to protect the right to life (chap, ut,
sects. A and B). Adequate investigation, prosecution and/or punishment in
cases of death in suspicious circumstances are considered essential not only
eor bringing those responsible for such deaths to justice, but also for
preventing further occurrence of summary or arbitrary executions, whether
) indiscriminate killings in internal armed conflict, killings by excessive or
illegal use of force by law enforcement officials or deaths in custody.
Strict observance in the judicial proceedings of the safeguards for the rights
of the accused, as provided for in articles 6 and 14 of the International
Covenant on Civil and Political Rights ar in the annex to Economic and Social
Council resolution 1984/50 on the safeguards guaranteeing protection of the
rights of those facing the death penalty, is designed to ensure that the right
to life of the accused person is protected in every possible manner. .
189. with regard to adequate investigations, the Special Rapporteur, in his
past reports, has mentioned the urgent need to establish standards designed to
ensure proper investigations into all cases of death in suspicious
circumstances (E/CN.4/l983/16, para. 230, E/CN.4/1986/21, para. 209 and
E/c I.4/1987/20, para. 246). Economic and Social Council resolution 1987/60 on
summary or arbitrary executions endorsed “the recommendation of the
Special Rapporteur on the need to develop international standards designed to
ensure effective legislation on other domestic measures so that proper
investigations, including provisions for an adequate autopsy, are conducted by
appropriate authorities into all cases of Suspicious death” (para. 7) , and
invited “the Special Rapporteur to receive information from appropriate
United Nations agencies and other international organizations and to examine
the elert nts to be included in such standards” (para. 8).
190. In his last report (E/CN.4/1987/20) the Special Rapporteur pointed out
(para. 181) several elenents which should be included in the standards
mentioned in the resolution. . .. ..
191. Meanwhile, the Special Rapporteur has taken note of Economic and social
Council resolution 1986/10, section Vt, in which the Council requdsted the
Committee on Crine Prevention and Control at its tenth session in 1988 to
consider the question of extra—legal, arbitrary and summary executions with a
view to elaborating principles on the effective prevention and investigation
of such practices, and also has been informed of the study being carried out
concerning such principles. He is pleased with the close co—operation now
established in this regard between the Centre for Human Rights and the Crime
Prevention and Criminal Justice Branch of the Centre for Social Development
: and Humanitarian Affairs.
E/cN.4/1988/22
page 31
192. proposals concerning the elements to be included in such standards
continued to be received from a number of organizations. An invitation was
extended to him by. the Minnesota Lawyers International Human Rights Committee
to the Conference on Pron ting Human Rights through Adequate Inquiry
procedures, held in Minnesota, United States of America, in October 1987, in
which international experts on law, forensic medicine, anthropology ard human
rights participated, including staff members of both Centres of the
united Nations Secretariat.
193. Tn the view of the Special Rapporteur, the standards for proper
investigations into all cases of suspicious death, mentioned in Economic and
Social Council resolution 1987/60 and the principles on the effective
prevention and investigation of extra—legal, arbitrary and summary executions
have the same purpose and could be integrated into one international
instrument to be adopted by the United tiations. He therefore, considers it of
utnost inportance to make efforts to co—ordinate the crk being carried out by
the various organs of the United Nations and other international organizations.
194. Further to the e lenents already referred to in his last report, the
Special Rapporteur, after having examined the various proposals made so far,
now considers that the following elements should be included as a minimum in
such standards:
(a) Pronuflness: the investigation should be carried out immediately
following the discovery of such a death;
(b) Impartiality: the investigation should be carried out by a person
or persons or an authority whose impartiality is guaranteed and protected;
(c) Thoroughness: the investigation should include an adequate autopsy,
collection and analysis of evidence, and statements from witnesses, hence the
person(s) or authority investigating should be given the necessary powers,
assistance and logistic support;
(d) Protection: complainants, witnesses and persons investigating and
their families should be given effective protection from violence or any form
of threats; . .
(e) Representation of the family of the victim: the family of the
victim and its legal counsel should be able to participate in the
investigatory proceedings and have access to substantive information at
various stages of the investigation;
. . - - -(f) Publication-of the findings: the methods and findings of the
investigation should be made public;
(g) Independent commission of inquiry: in cases in which the normal
investigatory procedure is inadequate, an independent commission of inquiry or
sim ilar procedure- should be- secured. Such a commission should have- the
necessary authority and powers to carry out impartial and effective
investigations.
195. These elertents to be included in the standards for investigations are
Considered minimal, but not exhaustive, and, in order to make such standards
meaningful and useful, they should be explained in sufficient detail, with a
- - - - - - . . . - H -
-
E/CN. 4/1988/22
page 32
clear definition of the purpose of the investigation, the adequacy of the
autopsy, the content of the reports of the investigation, the powers of the
investigator (s) or commission, etc.
C. Review of situations in restored or new denocracies
196. In his last report (E/CN.4/1987/2O , the Special Rapporteur referred to
the situation in several countries where newly established Governments had
publicly acknowledged the existence of serious human rights problems under the
previous Governments arxl pledged their commitnent to human rights (chap. III,
sect. C). The new arrangements made by these Governments in order to
: i 1 pletient their pledge of conniitnent to human rights were described therein.
197. During the past year, the Special Rapporteur received information from
oee of the Governments on new legislation relevant to the protection of the
.. human rights and on the work of commissions established to investigate
. . ) violations of human rights and/or to inprove the protection of human rights.
However, information continued to be received concerning further allegations
of summary or arbitrary executions in those countries. This seems to indicate
that sane Governments continue to face difficulties in their efforts to
restore or raise the level of respect for human rights, in particular the
right to life. These difficulties appear to be the same as those mentioned in
his last report (para. 234). Especially, in the countries where the situation
of armed conflict continues to exist, the difficulties often cannot be
overcome in spite of the Government's efforts.
198. In this connection, the Special Rapporteur draws attention to Commission
: on Human Rights resolutipn 1987/37 entitled TM Advisory services in the field of
human rights”, by which the Commission appealed to Governments to consider
making use of the possibilities offered by the programme of advisory services
and en uraged Governments in need of technical assistance in the field of
: human rights to avail themselves of the advisory services of experts in that
field. The Commission also requested its special rapporteurs and
representatives as well as the Working Group on Enforced or Involuntary
Disappearances to include in their recommendations, whenever appropriate,
proposals for specific projects which should be realized under the programme
of advisory services.
199. The Special Rapporteur considers that Governments facing difficulties,
especially in establishing legal and administrative structures, or in finding
trained personnel, may in the future benefit from the advisory services
mentioned in the resolution.
I : / : : / /
H H - > :/ ) > : , : .
> : ) > < ) ) ) > , /
> < , > > > > , , , . (‘_ : ) < , > - >
- < : . ‘ ‘
> : : > : : > , >
F ‘ ‘ . . :
H > :: :
> > : , >
—
E/cM.4/1988/22
page33
I V. CONCLUSIONS AND RECOMMENDATIONS
200. As in past years, the Special Rapporteur received information concerning
a considerable number of alleged summary or arbitrary executions. lie is,
however, atcire that the information which reached him represented only a part
of the entire phenomenon of this violation of the right to life. By careful
analysis of the information received, he concludes that a considerable number
of suniflary or arbitrary executions re nain undetected or unknovn, not only by
the international community but also by the population in the countries
concerned, lie would welcome suggestions on how this phenomenon can be more
accurately monitored.
201. In this report, the Special Rapporteur describes summary or arbit ary
executions lrth as a phenomenon and as specific cases with specific elements.
As in the past, he finds that the phenomenon persists in all parts of the
world; sunvnary or arbitrary executions have most frequently taken place in
one of three types of situation, namely internal armed conflict, excessive or
illegal use of force by law enforcement agents or in custody. Furthermore,
several persons were executed in a number of countries without a trial or with
a trial but without the safeguards designed to protect the rights of the
defendant as provided in article 14 of the International Covenant on Civil and
Political Rights. - -
202. In the present report, the Special Rapporteur has taken note of the
alarming phenomenon of non—respect for the the right to life and in particular
the act of indiscriminate killing of unarmed civilians, by groups opposing the
Government or not under its control. He hopes that the international
community will strengthen its concerted efforts to eliminate the root causes
of such violence, to achieve peaceful solutions through dialogue and to take
effective measures to prevent further loss of innocent lives.
203. In his search for nossible remedial and/or preventive measures for the
protection of the right to life, the Special Rapporteur has-repeatedly stated
in his past reports (for example, E/CN.4/1987/20, chap. III, B) that the
safeguards for the rights of the accused, as stipulated in certain
international instruments, such as the International Covenant, on Civil and . .
Political Rights, must be strictly observed in the judicial proceedings,
especially in cases involving the death penalty.
204. In addition, the Special Ra porteur, taking note of the frequent absence
of adequate investigations by the appropriate authorities into alleged summary
or arbitrary executions, has enphasized in his past reports the need to
: : 1 - develop international standards for proper investigation into all cases of
Suspicious death (for example E/a .4/19s6/2l, para. 209). He believes that
, adequate investigation into cases of death in .suspicious circumstances is
essential, not only to bring those responsible to justice, but also to prevent
further currence of summary or arbitrary executions.
205. During the course of his mandate, the Special Rapporteur has received
. : :. - Several pronosals concerning the elements to be included in such standards.
Re notes with satisfaction that the close co—operation now established in this
regard nong the United Nations organs and the contribution made by
groups of experts have led to remarkable progress in the
formulation of such standards. The Special Rapporteur hopes that this
Co_Ordinated effort will bear fruit in the near future in the form of an
I E/CN.4/ 1985/22
H page 34
international instrument to be adopted by the United Nations. In this
. connection, he wishes to refer to the preparations now in progress for the
tenth session of the Conwittee on Crine Prevention and Control.
206. Also in the present report, the Special Rapporteur has reviewed the
situation of several countries which have emerged from periols of
. non—democratic or authoritarian government and has noted the difficulties the
. . new].y—establjshed Governments faced with respect to the protection of the
right to life. The possibility of international assistance should be
seriously explored both by the Governments concerned and by the Conunission on
fluman Rights within the framework of the advisory services as urged by the
‘ Coninission in resolution 1987/37.
207. In view of these conclusions, the Special Rapporteur would like to make a
; number of recoimnendations in addition to those already made in his last report
. ) (E/Q .4/l987/2o, paras. 246—248 ):
(a) s a matter of urgency, training prograntoes should be organized with
. a view to training or educating law enforcement officers in human rights
issues connected with their work. Over the years it has been noticed that
arbitrary deprivation of life most frequently takes place in connection with
the activities, of law enforcement officers. It is therefore in erative that
:‘ attention be drawn urgently to the training of such officers. The :
United Nations Centre for guman Rights and the United Nations Institute for
, . . Training and Research have over the years organized regional seminars and
workshops in which government officers have been trained to draft reports
. under the various international htrpan rights Covenants. It is urged that
: ,. similar seminars or workshops be started for law enforcement officers to train ‘
them to carry out their work with due respect for the human rights of the
: !‘ individual and to familiarize them with various international human rights
instruments;
(b) Governments should ratify international human rights instruments and
the Optional Protoa 1 to the International Covenant on Civil and Political
Rights and review national laws and regulations with a view to embodying in
their laws and regulations the minimum requirements stipulated in the
international human rights instruments with regard to law enforcement
. .J activities? inquiry procedures, judicial procedures, etc;
! (c) Governments shouU maintain the machinery for checking and
controlling the practice of law enforcement organs, including military forces,,
with a view to ensuring that their activities conform to the relevant laws and
“ regulations;
. Cd) Governments and international organizations should support the
. efforts made in United Nations forums tc ards the adoption of an international.
instrument which would incorporate' internationa L standards for proper
investigation of all cases of death in suspicious circuznstancesp
I
E/O1. 4/1988/22
page 35
Ce) Governments and international organizations should strengthen their
efforts to find ways and means to bring about peaceful and lasting solutions
to the situations of conflict in which indiscriminate killings often take
place;
( !) Governments and international organizations should strengthen their
efforts to assist, either bilaterally or multilaterally, in an efficient and
effective manner, those Governments which, in their struggle to restore or
raise the level of respect for human rights, are in need of technical and
other assistance.
E/Cu. 4/1988/22
page 36
Annex . .
VISIT BY THE SP IAL RAPPORTEUR TO SURINAME -
. (16 to 28 August 1987)
CONTENTS
aohs
I. tNTROD(JCTION 1 18
: A. Background 1 — 7
B. Visit to Suriname 8 — 18
— — -
II. ALLEGATIONS 19 — 22
I II . OBSERVATIONS 23 —
: . A. Armed conflict 24 — 29
— , ,
— —
— —
- ‘ - - ,
- ‘- - , - - , - — :
B. Casualties and material losses 30 — 37
C. Information on alleged incidents of killings . . . 38 — 63
0. Rule of law
E. Dem cratjzation process 77 .. 95
IV. ALLEGAT tQfq 5 MADE AFTER TEE SPEEIAL RAPPORTE(JR'S VISIT 96 — 101
V. CONCLUSIONS AND RECOMMENDATIONS 102 — 108
)
- .. . - ]
E/CN'.4/1988/22
page 37
I. INTRODUCTION . . . .
A. Background .
1. In December 1986, the Special Rapporteur received information on the
death of a considerable number of persons allegedly killed in Paramaribo and
the eastern part of Suriname by members of the military police and/or the
pei 1e'S Militia. The majority of the victims were said to be “Bush Negroes”.
2. On 18 December 1986, the Special Rapporteur addressed a cable to the
Minister for Foreign Affairs of Surina.'ne, referring to the reported deaths, in
particular eight alleged incidents of killings, and asked the Government for
information, especially on any investigations of those cases carried out by
the appropriate authorities. Later, on 9 January 1987, in a letter addressed
to the Minister for Foreign Affairs, the Special Rapporteur stated that he
would remain available for any contact or dialogue with the Government of
Surinanle. .
3. The report of the Special Rapporteur submitted to the Conm ission on Human
Rights at its forty—third session, refers to the above—mentioned messages by
the Special Rapporteur to the Government of Suriname (E/ 1.4/l987/20,.
paras. 58—60). .
4. On 26 February 1987, the Government of Suriname replied that it had
“already granted permission to said Mr. Wako on his own request as the
Special Rapporteur on sunmiary or arbitrary executions to visit Suriname”.
5. On 18 March 1987, the Special Rapporteur addressed a cable to the .
Government of Suriname confirming his readiness to visit Suriname. To this
the Government of Suriname replied on 20 March 1987, confirming the
Government's willingness to co—operate with him during his planned visit to
Surinajiie.
6. On 1 April 1987, the Secretary—General addressed a letter to the
Government of Suriname, stating that the Special Rapporteur would report to
him on the results of his visit.
7. Subsequently, in May 1987, it was agreed between the Special Rapporteur
and the Government of Suriname that his visit to Suriname take place from
16 August 1987. .
B. Visit to 5uriname - . - .
8. The Special Rapporteur visited Suriname from 16 to 24 August 1987. In
connection with his visit to surinalne, he also visited the Netherlands, from
13 to 16 August, and French Guiana, from 24 to 28 August 1987, to meet several
Persons whose experience might be relevant to his mandate. .
9. The aims of the Special Rapporteur's visit to Surinaine were:
(a) To examine allegations of the occurrence of sununary or arbitrary
executions; . .
r
E/Q'J. 4/1988/22
page 38
(b) To learn of the measures taken by the Government to prevent any
recurrence of events such as those which occurred in December 1982, and of the
denocratization process; - -
(c) To be informed, as requested by the Secretary—General, of the
situation in east Suriname and other areas placed under a state of emergency. -
10. Prior to his visit, the attention of the Government of Suriname was dra
to the following principles governing such missions as that being undertaken
by the Special Rapporteur in respect of Suriname:
(a) The Special Rapporteur and the staff assigned to him shall be able
to interview freely and in private, persons, groups, entities or
institutions. The Government shall grant the pertinent guarantees to all
those who may provide the Special Rapporteur and his staff with information,
testimony or evidence of any kind;
- ‘ (b) The Special Rapporteur and his staff shall be able to travel freely
to any part of the country7 - -
Cc) The Special Rapporteur and his staff shall have access to gaols and
other places where persons may be held in custody and shall be able to
interview in private, any person, including those sentenced or detained;
(d) The Government shall be responsible for the security of the
Special Rapporteur and his staff within the territory in connection with the
fulfilment of the mission of the Special Rapporteur.
11. During the course of his visit to Suriname, the Special Rapporteur met a
wide range of individuals. He met senior officials and authorities, in
particular the President of the Republic, Coninander D.D. Bouterse, the
Prime Minister, the Minister for Foreign Affairs, the Minister of Justice, the
Minister of the Army and Police, the Attorney—General, the Chief Justice, the
Chief of Staff of the National Army together with senior officers of the Army,
the Military Police Conui a n der, the Deputy Military Police Commander, the
President of the National Assembly, members of the National Institute of Human
Rights and the Rectof of the University. He also net persons responsible for
various aspects of the transition to democratic government and in particular
the Chairman of the Drafting Committee of the Constitution and officials of
the Ministry of Internal Affairs in charge of the electoral registry and
, . . administration of voting.
12. He also met the leaders of political parties, New Denocratic Party (NDP) ,
Surinamese Workers-' Party (SPA) and the Front for Democracy and Development, --
composed of the three former political parties (NPS, VEP, and KTPI),
representatives of employers' organizations and of trade unions, the co n ittee
of Christian Churches, the Organization for Justice and Peace and the
Surinamese Red Cross.
13. Furthermore, the Special Rapporteur met a considerable mumber of
individuals who provided him with information relevant to his mandate. jnong
these were members of “Bush Negro” communities.
14. In Suriname the Special Rapnorteur made two visits to the areas where
incidents of killing had allegedly taken place; one to the eastern part of
—
—. - -- - - -
E/CN. 4/1988/22
page 39
suriname , along the main road from Paramaribo to Albina on the Marowijne
river, with stops at Moengo, Moengotapoe, Mooi Wana, Negerkreek and other
locations; and another to Brokopondo, the southern interior district,
stopping at Klaaskreek, Marshallkreek, Berg en Dal and Victoria. The Special
Rapporteur'S visits to these areas were limited by military considerations and
in tact he was not able to visit a number of places he had asked to visit,
such as Petondro, Pataznacca and Brownsweg.
15. In the Netherlands, the Special Rapporteur met several Surinamese who
claimed to have direct knowledge or information relevant to his mandate.
16. In French Guiana, the Special Rapporteur visited four camps where
Surinamese displaced persons from east Suriname had been accoirmodated by the
French authorities. He also met the Prefect of Guiana, his- deputy and the
Sub—Prefect of Saint—Laurent—du—Maroni.
17. As an Integral part of his trip the Special Rapporteur met
Mr. Ronny Brunswijk and members of the armed opposition group.
18. In all, the Special Rapporteur met more than 150 persons in the course
his mission. In addition he met a lxut 200 members of the “Bush Negro”
conoeunities as a group. The Special Rapporteur would like to thank eac
every person whom he met for they all gave him valuable information rele aL.L
to the purposes of his mission. He would particularly like to express his
special gratitude to the Goverment of Suriname for its support during his
visit to the country. He also wishes to express his appreciation to the
Government of France which facilitated the Special Rapporteur's visit to
French Guiana.
-
E/CN. 4/1988/22
page 40
II. ALLEGATIONS
19. Since July 1986, when the rebel forces led by Mr. Ronny Brunswijk began
to be active in the eastern part of Suriname, a considerable number of
civilians, including women, children and the aged, have allegedly been killed
by the Government forces in villages an towns in the east ern part of the
country. During the military operations carried out in November and
December 1986, hundreds of civilians allegedly died. All the victims were
said to be members of the “Bush Negro” group.
20. It was also alleged that a number of persons, most of whom were said to
be “Bush Negroes” were killed in Paramaribo and Moengo by members of the armed
forces and/or the PeqDle's Militia.
21. In addition to eight alleged incidents of killing which were communicated
to the Government of Suriname in a cable dated 17 Dec&mber 1986 by the
Special Rap rteur as mentioned in the Special Rapporteur's previous report
(E/CN.4/l987/20, paras. 58. -GO) , information concerning more than 25 alleged
incidents of killing was received prior to the Special Rapporteur's visit to
Suriname.
22. The allegations relate to the following provisions of international human
: rights and humanitarian instruments:
(a) Article 6, paragraph 1, of the International Covenant on Civil and
Political Rights, on arbitrary deprivation of life, which states:
“Every human being has the inherent right to life. This right shall
be protected by law. No one shall be arbitrarily deprived of his life.”;
(b) Article 3 of the United Nations Code of Conduct for Law Enforcement
‘ officials adopted by the General Assembly on 17 December 1979
(resolution 34/169) on the use of force by law enforcement officials, reading
as follais: .
)
: “Law enforcement officials may use force only when strictly
necessary and to the extent required for the performance of their duty.
“Co nm ientary :
“(a) This provision euphasizes that the use of force by law
enforcement officials should be exceptional; while it implies that law
: enforcement officials may be authorized touse force as is r asonab1y - r
necessary under the circumstances for the prevention of crime or in
effecting or assisting in the lawful arrest of offenders or suspected
offenders, no force going beyond that may be used. -3-
(b) National law ordinarily restricts the use of force by law
enforcement officials in accordance with a principle of proportionafltY.
It is to be understood that such national principles of proportionality
are to be respected in the interpretation of this provision. In no case
should this provision be interpreted to authorize the use of force which
is disproportionate to the legitimate objective to be achieved.
I—'
—.
. . . -- .
E/cN.4/1988/22
page 41
‘(c) The use of firearms is considered an extreme measure. Every
. the use of firearms, especially against ______
children. In general, firearms should not be used 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. In every instance in which a
firearm is discharged, a report should be made promptly to the competent
authorities.' t ;
(c) Article 3, paragraph 1, common to the four Geneva Conventions of
12 August 1949 - on protection of non—combatants in conflicts not of an
international character, reading as follows:
“In the case of armed conflict not of an international character
occurring in the territory of one of the Thigh Contracting Parties, each
Party to the conflict shall be bound to apply, as a minimum, the
following provisions:
“1. Persons taking active part in the hostilities, including
members of armed forces who have laid down their arms and those placed
hors de combat by sickness, wounds, detention, or any other cause, shall
in all circumstances be treated humanely, without any adverse distinction
founded on race, colour, religion or faith, sex, birth or wealth, or any
other similar critetia,
“To this end, the following acts are and shall remain prohibited at
any time and in any place whatsoever with respect to the above—mentioned
persons:
“(a) violence to life and person, in particular murder of all kinds,
mutilation, cruel treatment and torture;
“(b) taking of hostages;
“Cc) outrages upon personal dignity, in particular humiliating and
degrading treatment; .
“(d) the passing of sentences and the carrying out of executidns
witI' ut previous judgment pronounced by a regularly constituted court,
affording all the judicial guarantees which are recognized as
indispensable by civilized peoples.
“2.. The wounded and. sick shall be collected, and cared .for.
“An impartial humanitarian body, such as the International Committee
of the Red Cross, may offer its services to the Parties to the conflict.
“The Parties to the conflict should further endeavour to bring into
force, by neans of special agreements, all or part of the other
provisions of the present Convention.
“The application of the preceding provisions shall not affect the
legal status of the Parties to the conflict.”
“ . .
F . .
E/cN.4/ 1988/22
page 42
III. OBSERVAT IONS
23. During his visit to Suriname, the Netherlands and French Guiana, the
Special Rapoorteur tried to gather as much information as possible concerning
the alleged occurrence of summary or arbitrary executions and the situation
east Suriname a i d other affected areas, and the measures taken by the
Government to prevent the recurrence of events, such as those which occurred
in December 1982, and in particular the ongoing denocratization process. The
following paragraphs describe as comprehensively as possible the outcome of
the Special Rapporteur's visit.
A. Armed conflict
24. In the view of the Special Rapporteur, the alleged incidents of killing
as described in section II must be seen in the light of the circumstances
prevailing in Surinarne since July 1986, namely an armed rebellion and armed
conflict which has been continuing up to the present.
25. According to the information gathered by the Special Rapporteur, the
ongoing armed conflict in Suriname started on 22 July 1986, when armed rebels
led by Mr. Ronny Brunswijk, former member of the armed forces, attacked two
military barracks in Albina a i d Stolkertsijver in the eastern part of Suriname
and seized 12 military men. Most of the rebels are said to come from the
“Bush Negro” group.
26. In November 1986, the rebels seized Moengo — a major mining town in east
Suriname and cut the access to Albina. Several bridges on the highway from
Paramaribo to Albina were destroyed in the Marowijne district by the rebel
forces. .
27. On 1 December 1986, by General Decree A—22, the Government proclaimed a
state of emergency for the districts of Marowijne, Commewijne, Para,
Brokopondo and a part of the district of Sipaliwini.
28. The Government forces mounted military operations in late November and
early December 1986 in the t larowijne district. In January 1987, the
government forces retook control of Moengo. Albina, a town on the Marowijne
river was, over a period of tine, totally destroyed by shelling from
Surinamese Navy gunboats on the river. Eventually, military operations were
carried out not only in the eastern part of Suriname, but also expanded into
thn t9i t rint nf Rrnknnnnr lc
! — — — —
! 29. The situation of armed conflict has continued up to the present, hoUgh
. military engagements by both the government forces and the rebel forces are
said to have become less frequent.
B. Casualties a i d material losses
30. Since June 1986, a considerable number of civilians have been killed in
military operations. According to the military authorities, only three
. . civilians were killed in the cross—fire between government forces and rebel
forces, namely, a three—year—old boy in Morakondre, a woman- in Moengo and a
woman in the Mooi Wana area. An analysis of the information the Special
Rapporteur has received from various sources as of August 1987 indicates that
between 150 and 200 civilians have been killed during the military operat10n
, , .
E/cN. 4/1988/22
page 43
In any case precise figures and the identities of the victims are difficult to
establish, mainly due to the unknown number of victims in the jungle where
wany civilians fled, the contusion of the affected population and the
consequent absence of identification of those who fled west to Paramaribo,
east to French Guiana and south into the interior.
31. In addition to civilian casualties, the government forces reported that,
as of August 1987, 32 of their men had been killed in combat, 16 were either
dead or in the hands of the rebel forces and 115 either injured or mentally
disturbed due to the horrors they had witnessed, and that the rebels had lost
an estimated 200. According to the rebel forces, they had lost 27 (two
drowned, three died as a result of an accident and 22 were killed in action)
and the government forces had lost over 270.
32. Most of the civilian victims were “Bush Negro” villagers who were killed
during the “clean—up” operations undertaken by the government forces and after
their retaking of east Suriname.
33. The Special Rapporteur was informed by the Government that, prior to a
military operation, evacuation orders were issued, allowing the inhabitants of
the affected areas 24 to 48 hours to leave There is considerable evidence
that these evacuation orders were given and this, coupled with the fact that
the opposition forces also alerted the civilians to vacate the area when they
knew that a military operation was inninent, could explain why relatively few
ersons died when villages were completely destroyed by the military. However
.n some places, the evacuation orders may not have been given or, if given,
were not, for a variety of reasons, heard by the affected population and
consequently they were caught unawares when raided by government forces ar id
lives were lost.
Since the fighting began until August 1987, an estimate of 15,000 persons
were said to have moved to the Paramaribo area from the eastern part of the
country and an aditional 8,500 to have fled to French Guiana. The majority of
these displaced persons were “Bush Negroes” but some 1,000 Aznerindians were
also said to have fled the combat zone. This represents more than one third
of the estimated “Bush Negro” population which by any standards is a very high
percentage of the population displaced.
35. During his trip to the eastern part of Suriname along the main road from
Paramaribo to Albina, the Special Rapporteur noticed that all the bridges had
been damaged and tractors and other equipment destroyed. The area from Noengo
to Albina was closed. All the “Bush Negro” villages and hamlets along the
road had been destroyed arid razed to the ground by the government forces. All
the buildings and property, with the exception of the church in Moengotapoe, a
town which was variously estimated to have had a population of between 800 and
1,600 people, was completely destroyed by the government forces. All the
buildings arid property in what was once the bustling town of Albina with an
estimated population of about 3,000 to 4,000 people were destroyed, with the
exception of the military barracks which also bore the marks of fighting.
Apart from the military personnel in Albina, in this whole area from Moengo to
Albina, no human being or living creature was seen apart from starving dogs in
Albina. The jungle vegetation had taken over the destroyed buildings and the
cultivated lands arid was encrozching on the road.
E/CN. 4/198 8/22
page 44
36. Since the beginning of 1987,.the government forces have extended their . .
military operations into the district of Brokopondo. Movement of people on
the road between Paramaribo and the Brokopondo area was strictly controlled
and transport of food and medical supplies was aLnost completely stopped. In
this context several civilians were reported to have been killed in this area
since the beginning of the year.
37. The bawcite mining facilities, a major industry in Suriname, the palm oil
plantation and factory at Victoria, electric pylons and bridges had been
destroyed or damaged in the attacks by the rebel forces. It appeared that the
strategy of the rebel or opposition forces was to aim at destroying economic
installations and military obj ts and also confronting military personnel.
C. Informat ion on ai .Lege o incidents ot Ki.J.J.tng
38. During his visit to Suriname, the Netherlands and French Guiana, th'
Special Happorteur made every effort to inform himself of incidents in w
persons were allegedly killed in a summary or arbitrary IIanner.
39. In the following paragraphs the Special Rapporteur summarizes information
obtained from multiple sources concerning a number of such incidents.
40. In July 1986, Davil Spalburg, a military police corporal died. His boc
was said to have borne marks of torture, and the neck was broken. Accordin'
to the Commander of the Military Police, he committed suicide by shooting
himself in the investigator's office after having been taken into militar
police custody for being absent without leave. It was further stated tha
note written by him was found later stating that he wished to commit suicid
41. On 1 August 1986, in the village of Morakondre, a IIree—year—oi.u uuy
named Cakwa Cast iel was shot by government troops. The military authorities
and the Commander of the Military Police stated that he was killed in the
cross—fire between government forces and the rebels. It was confirmed that
the boy's body was received on 6 August at the morgue of the University
Hospital. . .
42. In September 1986, a mentally handicapped boy was killed by government
soldiers at the airstrip in Albina. Several sources confirmed the incident.
It was reported that according to the military authorities he was shot when he
did not stop after a warning.
43. on 18 october 1986, Henkie Maisar aged 16, was shot dead by the military
police at his house in Paramaribo. According to the Commander of the Military
Police, Maisa was being investigated as he was a suspected terrorist. He was
shot while resisting arrest and later died in hospital.
44. On 19 October 1986, in Liverno, in the outskirts of Paramaribo, four .
persons named Geldorp, Ravenberg, Hengelbron and I{romopawiro were found dead
with bullet unds in the back and the head. The Commander of the Military
Police stated that he heard about the case from the police but denied any
involvenent of the military police in the case. However, according to the
: of ficials in the Ministry of Justice, initially the civilian police were
involved in the investigations, but as soon as they knew that the military
police were involved, they withdrew. Some sources attributed the deaths to
excessive knowledge of the involvement of certain persons in the cocaine trade.
E/CN. 4/1988/22
page 45
45 . At the end of October 1986, a person named Henri Isaak Nahar was found
dead in the Cottica River. One source alleged that Nahar was arrested and
taken to Fort Zeelandia apparently because he refused to carry out an
assignment in connection with the cocaine trade. He was allegedly inj ted
with poison and his body thrown into the river. However, according to the
pathologist who performed the autopsy, the direct cause of his death was
determined as asphyxia caused by drowning and no bullet wounds were seen. it
was also said that the body had decomposed to the extent that it was
impossible to check for poisoning. According to the Commander of the Military
police, before the body was found, the military police spotted two
TTterrorists” swiniiing across the river and shot at them. V f i ien the dead body
was identified as Nahar, the military police assumed that he was on his way to
French Guiana. The case was said to be under investigation in connection with
a suspected robbery, because Nahar had a lot of money and gold chains on him.
46. On 3 November 1986, a 17—year—old boy named Kensly Pamari was shot in a
. ) car near the Menre Boekoe Kaserne by members of the military. He later died
in hospital on 5 November 1987. According to the Commander of the Military
Police, Kensly Pamari was shot when he ignored an order not to move.
47. On 5 November 1986, in Stolkertsijver, Jabeni Cornelis was shot dead by
government forces. According to the Commander of the Military Police,
Jabeni Cornelis tried to escape custody and was shot dead when he did not stop
after a warning shot.
48. On 12 November 1986, in Moengo a woman named Geofferie Gisela was killed
by members of the military. According to the Commander of the Military Police
she was caught in the cross—fire between government forces and the rebels.
49. On 19 November 1986, in Mooi Wana at least seven persons, including a
pregnant woman, were allegedly killed at the camp of Divion by soldiers of the
government forces. The military authorities and the Commander of the Military
Police denied the allegation stating that no military operation had been
carried out in the area between November 1986 and June 1987.
50. On 29 November 1986, in Mooi Wana, Alfonsdorp and Negerkreek more than
40 civilians, including women, children and old persons, were killed by
government troops. The Special Rapporteur heard detailed accounts from a
considerable number of persons who claimed to have witnessed the killings or
who had seen the bodies of the victims. By all accounts, they were
defenceless, sane were lined up and shot, some were shot in their houses and
thereafter their belongings were destroyed. The Special Rapporteur saw
evidence that they were caught completely -unawares A- number of -the victims'
bodies were later brought to the mortuary in Moengo which was subsequently
destroyed after being set on fire by the military. The remains of other
v icti n were also said to have been found in the juitg le. The military
authorities and the Commander of the Military Police confirmed that six or
rune bodies of persons brought from Alfonsdorp to the mortuary of the hospital
l u Moeng , were burned together with the mortuary itself because of the
advanced decomposition of the bodies. However, they denied any military
0 peration in the area at the end of November 1986. It was stated that, due to
the destruction of the bridges, the government forces could not go there by
land until June 1987. However, one source in talking about the panic of the
villagers caused by the unexpected raid by government forces, stated that the
troops came by river using small boats.
—
E/cN.4/ 1988/22 .
page 46
. . ‘ 51. In December 1986, Eward Dccl, a military police corporal, was found dead
near Neursweg, after having been taken from his house by military police. The
Conunander of the Military Police stated that D c cl was found shot at Biliton.
The Deputy Commander of the Military Police thought that Dccl had been killed
by “criminals” or “jungle coimnartios”.
52. On 12 January 1987, in Wanhatti, two persons named Satra Ansoe and
Benjamin Pinas, her son, were shot dead by government forces. The incident
was confirmed by several sources, including some who claimed to have witnessed
it. . .
53, On 20 March 1987, three policen'en in Tamanredjo, E. Olieberg, J. Blagrove
and R. Panday, were killed by a group of armed men in uniform. The Chairman
. . of the National Institute of Human Rights thought that the killing of three
. ) licemen was an act by an international criminal group. According to the
Attorney—General, investigation by the police achieved little. There are sone
who believe that they were killed by the military.
54. In April 1987, a person named Kliwon was arrested in Cominewijne ar was
killed at Fort Zeelandia. The Cominaraer of the Military Police stated that
: Kliwon was shot dead when he started shooting uncontrollably.
55. On 25 and 26 April 1987, three bodies were found floating in the Cottica
River near Moengo. Two of the three bodies were identified as those of
Petrus Bode from Morakondre and Leo Berika from Petondro, the third body was
presumed to be that of Mangani from Morakondre. A source alleged that they
were tortured and killed on the night of 23/24 April by government forces and
thrown into the river. According to the Coirimar er of the Military Police
there was a confrontation between government forces and “terrorists” and on
the following day the first body was found in the river.
56. On 26 May 1987, a person named Mankole Pinas was shot dead by government
troops. The Conm ander of the Military Police stated that there was no report
on such an incident. . .. .
57. On 3 June 1987, a person named Flunphrey Lienga was shot dead by members
of the government forces after having been arrested near Paranaoe. According
. . to the military authorities and the Conunander of the Military Police, the
Military Prosecutor was court—martialling an officer and a soldier, asking for
nine years' inprisoninent for the officer and three years imprisonment for the
soldier. Subsequently the Special Rapporteur learned that the courtmartial
had sentenced the officer to 10 years' and the soldier to one year's .
imprisonment.
58. On 14 July 1987, a worker's house at the Victoria Pa:bn on Factory which
had been inhabited by Adeline Poeketi was found burned and a burned body was
found inside it. In front of the house was a burned pick—up truck belonging
to Philip Geodewacht with at least 18 bullet holes in it. In the pick—up,
there were the burnt remains of a refrigerator and kitchen ware. One week
later the remains of three bodies were found in the palm plantation. One of
the four bodies was identified as that.of Philip Goedewacht. The other three
bodies were presumed to be those of Wilson Goedewacht, Adeline Poeketi and ,
Arnold Poeketi. The special Rapporteur visited the two sites where the bod .e5
had been found, where several human bones, pieces of clothing and numerouS
automatic rifle and machine—gun cartridges were still to be found. rd1ng
E/CN. 4/1988/22
page 47
to the cormuander of the Military Police, on 19 June 1987, rebel forces had
attacked the Victoria Palm Oil Factory and later on the same d y p trdlliitg
soldiers had been shot at in the area. One of the houses had caught fire as
the soldiers withdrew. When the soldiers went back with reinforcements, a
blue pick—up truck in front of the burned houses had caught fire. Afterwards
all human bones found at the burned house and in the palm plantation were
collected for examination. The bones at the burned house were identified as
those of Philip Goedewacht, but regarding these found in the palm plantation
the military police had no clue as to their identity.
59. On 19 June 1987, seven persons were detained and then shot dead in
Berg en Dal by government troops. On 21 June 1987, two more detained persons
were taken to the Marshall bridge and killed. Among those killed were
Alfredo .Josefzoon, John Adjako, Mc Lean Antaiioi, Edgar Tooy, Ronald Gregor and
Egwai.d Damburg. During his visit to the Brokopondo district, the
Special Rapporteur stc ped at the graveyard in Berg en Dal and observed two
graves that showed signs of having been recently prepared. The Commander of
the Military Police stated that he had not received any report on such new
graves.
60. In addition to the foregoing, the Special Rapporteur received information
on several other incidents of alleged killing of villagers by government
troops in the eastern part of the country and the Brokopondo district, but he
could not check that information through multiple sources.
61. A number of incidents of alleged summary or arbitrary ex cutions were
reported to the Special Rapporteur but with no s abstantiation at all. For
example, it was alleged that, between 18 and 20 October 1986, in the
neighbourhood of Paramaribo at least 16 persons, mostly “Bush Negroes” had
been arrested and killed by members of the military police and the Pe le's
Militia. The Special Rapporteur did not find anyone who could support the
allegation.
62. A number of incidents reported to the Special Rapporteur were found to be
untrue. For example, it was reported that in mid—December 1986 in Klaaskreek,
. . ) Brokopondo, 19 to 13 youngsters, aged between 16 and 20 who were playing in
the football field were shot dead by soldiers. The Special Rapporteur visited
the area and met the community and its leaders and they all denied that s'th
an incident had ever taken place. The leaders of the community struck the
Special Rapporteur as being truthful, honest and objective.
63. Furthermore, the Special Rapporteur was informed by the military
authorities of alleged killing of so 1dierII of the government forces by the
rebel forces in a summary or arbitrary manner. The following cases were gi
as examples:
(a) On 21 August 1986, Martowidjojo was killed together with three other
SOldiers in- Marowijne. Re was shot in the back of the neck after being forced
to lie down; -
(B) On 5 March 1987, E. Leeflart was found dead- with his head severed;
Cc) On 19 April 1967, ICI. Blanca was shot in the mouth and killed after
having been captured. .
E/CN.4/1988/22
page 48 . .
. . . - D. Rule of law . .
64. In the context of his mandate the Special Rapporteur tried to inform
himself of the situation regarding the rule of law in Surinarne, in particular
of the powers and practices of the law enforcement authorities, the
Attorney—General and the Military Prosecutor. His meetings with the
Attorney—General and the Commander of the Military Police were most
informative in this respect. However, he regrets that he did not have an
portunity to meet the Military Prosecutor.
65. The Special Ra porteur received, prior and during his visit to Suriname,
a number of allegations of and information on deaths as a result of abuse of
authority by members of the armed forces, in particalar the military police,
and absence of an adequate investigation and legal proceedings to bring those
1 responsible for such deaths to justice. The Special Rapporteur also received
information on the alleged ill—treatment of detainees by the military police
at several pl es of interrogation and detention.
66. The Special Rapporteur was informed that, since 1980, the military police
had been given powers for law enforcement normally attributed to the civil
police force.
67. In August 1980, by Decree 8—5, the military police was “entrusted with
the investigation of indictable offences” until the end of 1982; that pa.,er
was extended until the end of 1984 by Decree B—5A. By Decree 13—58 of
16 February 1985, it was extended indefinitely in consideration of “the fact
that it is necessary within the framework of the campaign against criminality
to grant general criminal investigation powers to the military police”.
Accnrding to the Coimniander of the Military Police, the military police was
given the same powers as the civilian police.
68. Since the proclamation of a state of erergency in the eastern and
southern parts of Suriname on 1 December 1986, the military police has been
given the power to search civilians without a warrant. However, it was
further stated that the military police dealt with cases involving military
personnel and civilians threatening the security of the State. Cases
involving only civilians were said to have been dealt with by the civilian
police.
69. The Special Rapporteur was informed by the Attorney—General that there
were problems of jurisdiction between the two law enforcement organs. The
military poliIIe originally II charg&of deaIEri i iith inattets OEvoIving
military personnel now even handles cases involving civilians, which are
eventually brought before the Military Prdsecutor. For investigation and
prosecution the Military Prosecutor depends exclusively on the military
police.. In cases in which the civilian police initiates investigation, as
soon as a military involvement is implied, the civilian police withdraws from
the case.
70. The Special Rapporteur was also informed that the Public Prosecutor had
never received any information on the currence of sunmiary or arbitrary
executions. With regard to a number of alleged cases of killing mentioned by
the Special Rapporteur, he was advised to refer to the military.
E/cN. 4/1988/22
page 49
71. with regard to detentions by the military police, the Commander of the
. Military Police stated that preventive arrests for military reason were
necessary in a context of serious terrorist activities. It was further said
that in the state of “war”, normal procedures of detention could not possibly
be followed; investigation could not be expedited and detention was
prolonged, as permitted under the state of emergency proclaimed by Decree A—22
of 1 December 1986. As of August 1987 about 70 persons were said to have
remained in detention, after 80 per cent of the detainees had been freed.
Among the remaining detainees, 19 persons had been detained for prolonged
periods for their suspected involvement in “terrorism” pending prosecution.
72. The Special Rapporteur met with a number of persons who claimed to have
been detained by the military police and later released. He was told of the
condition of their detention and was shown scars on their bodies, as proof of
serious ill'-treatment during their detention.
. - f 73. The Special Rapporteur was also told by the families of a number F
long—term detainees that their requests for a visit were often rejectei
military police.
74. Contrary to alleged cases of ill—treatuent of detainees, the
Special Rapporteur was assured by the Commander of the Military Police that
detainees were humanely treated. Every detainee was said to have the right t'
a visit from his/her family once a week.
75. The Special Rapporteur's request to visit the two places of interrogation
and detention, allegedly under the control of the military police, was not
. , accepted because they were “military restricted areas ”.
76. Subsequently, the Special Rapporteur learned that, on 1 December 1987,
20 persons who had been detained for prolonged periods without charge or trial
had been released. .
. E. Derrocratization process
)
77, Democratization of government in Surinane has been one of the major
concerns of the Special Rapporteur since his first visit to Suriname in
July 1984. In his report sub mitted to the Commission on Human Rights at its
forty—first session (E/cN.4/l985/l7, annex IV, paras. 41—49) the
Special Rapporteur described the political developments in Suriname from 1980
to July 1984. In the concluding remarks (para. 66) he stated that “it was
Un iversally acknowledged to the Special Rapporteur that, in looking to the
future, summary or arbitrary executions can be prevented if denocracy is
restored”.
78. In December 1984, the “think—tank”, created by Decree A—lS of
13 JUly 1984, completed its work and submitted its report pn the
“Establishment of lasting dentbratic structures” to the Government, proposing
. . another phase of transition lasting 27 months. It also proposed that the
Government create a new body, the National Assembly, for the ii lenentation of
the last phase of democratization, especially the drafting of a constitution
aid, the creation of the new government organs established thereby,
;_ J : . - . . . . . .
E/CN. 4/1988/22
page 50
79. On 13 December 1984, •the National Assembly was created by Decree A—17.
It was composed of 31 members — 14 appointed by the military authorities,
11 by the trade unions and six by the private sector.
80. The three major political bodies — the Supreme Council (Topberaad , the
Government (Reqering) and the National Assembly (Wationale Assemblee) — were
now formed by seven groups representing various sectors of Surinamese society,
namely the 25 February Movement, four trade—union organizations (c—47,
Confederation of Civil Servant t s organizations (CLO) , Progressive Workers'
Unions (PWO) and De Moederbond) , the Manufacturers Association (ASFA) and the
Association of Surinamese Trade and Industry (VSB) . C—47, one of the four
trade—union organizations, withdrew from these political bodies in April 1985,
: but returned later in March 1987.
. ‘ 81. In 1985, old political parties such as NPS, BTPI and VHP resumed their
activities and, in February 1986, they participated in the Government, with
their members serving as Cabinet Ministers.
82. On 31 March 1987, a draft constitution was unanimously adopted by the
National Assembly and presented to the people for review and cormiients.
Subsequently, the Government announced that the referendum on the draft
- - constitution was to be held on 30 September and the general elections on
25 November 1987. -
83. Several sccial groups subsequently submitted opinions, recommendatidns
and proposals with regard to the draft constitution. Ha.,ever, the
Special Rapporteur was told by the Prine Minister that, as the draft
constitution had been approved unanimously by the National Assembly after
extensive deliberations by experts, it would be difflcult to repeat this
process on any proposed revision. In a meeting with the President of the
National Assembly, it was stated that consultations on the draft constitution
had been held and the people had been given an opportunity to express their
oPinions. The reactions from the people were said to have indicated general
) concensus on the draft constitution.
84. In meetings with other groups or individuals, the Special Rapporteur
heard several different opinions about the draft constitution. Some
positively approved it, others accepted it with the hope that it could be
1 , amended in the future, and others considered that some revisions were
essential.
; 85. SII se uently; the Special Rapporteur learSd that the original text of
the draft constitution had been put to a referendum on 30 September 1987, and
approved by96.9 per cent of the total valid votes.
86. In addition to the extensive provisions of basic rights, social, cultural
and economic rights and obligations, the approved constitution has a number of
outstanding characteristics, three of which may be worth mentioning. The ‘
first is the extensive powers vested in the President (arts. 99—112). The
President is Head of State of the Republic, Head of Government, Chairman of
the Council of State and of the Security-Council (art. - 90, para. 1) , and L
apoointed by the National Assembly for five years (art. 91) . He is
: responsible to the National Assembly (art. 90, para. 2). The executive power
is vested in the President tart. 99) and he has supreme authority over the
U/cN. 4/1988/22
page 51
armed forces (art. 100). As Chairman of the Council of State and of the
security Council, the President may exercise' his powers to initiate State
policies and to supervise their implementation.
87. The second is the unique role of the armed forces defined in the
Constitution (arts. 177—178). The National Army is defined therein as the
military vanguard of the people of Suriname (art. 177, para. ]j. tn addition
to the traditional role of the defence of the country and its independence,
the Military Corroeand of the National Army is to be “charged with guaranteeing
the conditions under which the Surinamese people can bring about and
consolidate a peaeful transition to a dentcratic and socially ju5t society”
(art. 17 R, para. 2). This unique role is outstanding especially when it is
compared with the role of the police defined in the Constitution (art. 179).
In accordance with article 179,'paragraph 5, “the police executes its tasks in
submission to the competent authority and in conformity with existing legal
rules.”
88. The third point worth mentioning is the provisions for the Council of
State, whose paiers by virtue of article 115 of the Constitution include:
(a) Giving guidance to the State administration and supervising the
correct execution of the decisions of the National Assembly by the Government;
(b) Suspending the decrees of the Council of Ministers ... if ... in the
union of the Council of State (theyl are in violation of the Constitution,
ie law or the government programme;
Advising the President on the execution of his duties;
(d) Arranging for the mobilization of the people when the national
interest so demands.
The composition of the Council of State is yet to be determined. It will be
interesting to see how the functioning of the Council of State evolves in
practice. .
89. In anticipation of the scheduled general elections in November 1987, two
new political parties were formed in the first months of 1987. One was the
New Denncratic Party (NDP) headed by Mr. .LA. wijden sch, the Prine Minister
of the Cabinet installed on 7 April 1987, and the other was the Suriflaiflese
Workers' Party (SPA) headed by Mr. F. Derby, the head of the c—47 trade—union
confederation. Eventually,, three political parties, namely NP S, vn and KTPI,
formed the Front for Denocracy and Development. The Special Rapporteur was
told that the creation and reorganization of political parties was carried out
1 (2 cOnformity with the new law setting criteria for political organizations in
suriname. According to these criteria political parties must be
(a) Surinamesa,. (1J) not based on ethnical groups, and (c) denocratic in
Structure. .
9 0. on io August 1987, Conmiander D.D. Bouterse met the three leaders of N I'S,
W I? and KTPI in Leonsberg and assured them that the National Army would
respect the results of the elections to be held on 25 November 1987.
1 . The Special Rapporteur was briefed extensively by the government
0 ff lcials in charge of the lc istica1 arrangements for the scheduled
—
pr
E/CN.4/ 1988/22
. page 52
referendum and the general elections. He was told as of August 1987 that
draft laws governing the referendum and the elections were almost Completed
and that already 84 per cent of the population eligible to vote have
: registered under the new registration measures (Decrees C—84 and C—85 of
30 January 1987) . By a decree issued in February 1987 a special arrangement
was made to facilitate the registration of people residing in the districts of
Marowijne, Brokopondo and Sipa liwinj. It was further said that, due to the
armed conflict and the ensuing displacement of the population in the affected
areas, it might not be possible for these people to cast their votes, in
. , particular for those who had sought refuge outside Suriname.
. 92. Although reservations and doubts were expressed by some about the newly
approved Constitution and the conduct of the general elections, the majority
of the people whom the Special RapDorteur talked to were of the view that
, - elections were the only way in which the people could participate in the
: decision—making process of the State and they should therefore be given a
chance.
93. The Special Rapporteur was satisfied that arrangenients for both the
referendum and the general elections were proceeding satisfactorily.
94. Subsequently he learned that the general elections had been held on
: 25 Nove mber 1987 as scheduled. It was reported, however, that the displaced
people, in general, could not participate in the voting, and there were
. . serious procedural problems regarding voting in the areas affected by the
, conflict.
, .
95. The final results of the elections of members of he National Assembly,
; as confirmed by the Electoral Committee, were reported as follows: 40 seats
“ were allocated to the Front for Democracy and Development, four seats to a
, political party named PALU, four seats to Pendawa Lima (another party) and
three seats to ND?. The new National Assembly reportedly met in the middle of
December 1987 and on 12 January 1988 unanimously elected Mr. Ransewak Shankhar
as President under the new Constitution. His inauguration is scheduled for
. 25 January 1988. .
< < (
< - < < ‘ ! ! - < < < -
< , < < < <
<,, << < <<
/ , < < < < , < < <
< < <-
. E/o ,4/ l988/2 2
. page 53
. I t T. ALLEGATIONS MADE AFTER T I lE SPECIAL RAPPORTEUR'S VISIT
96. Shortly after the special Rapporteur's visit to Suriname, his attention
. was drawn to information reported to have been released by SNA (the Surinamese
News Agency) to the effect that, on 12 september 1987, the army destroyed a
major rebel camp near Pokigron, 140 kilometres south of Pararriaribo, killing
aboUt 40 rebels. The Special Rapporteur also received information alleging
that in the incident on 12 September 1987 in Pokigron several unarmed
: civilians had been killed by government troops ar that, on 1. Oct ober 1987, in
Klaaskreek IIree persons were shot by Government troops resulting in the death
- . ‘ . of one of them.
97. On 8 October 1987, the Special Rapporteur addressed a cable to the
. Minister for Foreign Affairs of Suriname, requesting information from the
. - Government of Suriname on the above—mentioned incidents, as follows:
. .. . “My attention has been drawn to r ports of two recent incidents in
. which a number of persons were alleged to have died; one on
12 september 1987 in Pokigron where up to 40 persons were said to have
died ar 3 the other on 1 October 1987 in Klaaskreek where three persons
. were said to have been shot by government forces resulting in the death
of one of them. . .
. . “It would be appreciated if I were to receive any information from
Your Excellercy' s Government on the above—mentioned incidents.” .
98. On 30 October 1987, a cable was received from the Minister for Foreign
Affairs in reply to the Special Rapporteur's cable of 8 October, as follows:
. . . “Apparently judging from press anti radio reports from the Dutch
media, the Foreign Minister of the Netherlands has drawn your attention
to alleged violations of human rights in Pokigron ar Klaaskreek by the
. . National Army of Suriname.
. “As you may recall, I have consistently voiced my objections against
allegations from the Dutch Government. in this matter as it is without any
. ‘ doubt that the terrorist activities which have taken place in Suriname,
are being planned and suoported by persons and groups residing in the
: Netherlar s without any inquiry by the Dutch Government into these
criminal activities. .
. . . . “Nonetheless, the Government of Suriname is as always fully prepared .
to . provide the information requested in said telex as the Surinamese
Government remains wholly convinced of your iripartial judgement.
“The facts surrounding the recent actions of the National Army of
Surinarne are the following: . . . .
. 4 .. “1. On 12 September our Army has ur ertaken actions against terrorists
... . who were active in the Pokigron region, as a result of which a
number of terrorists were killed.
: :
. . . . . . . . . . .
__ - - —
S/C U. 4/198 8/22
page 54
“2. A few days later the Head of Government, Cciiui ar er Desire Boute 0,
visited Pokigron, it then became cristal clear that the people of
Pokigron were extremely pleased that the terrorist activities in
their neighbourhood has been brought to an end.
“3. About a week thereafter, press reports began to circulate in the
Dutch press alleging that a massacre had b2en corranitted by our Army.
“4. In the second half of September 1987, the Dutch Charg6 d'affaires
a.i. paid me a visit and informed me about a report from a French
organization named ‘Aide m&dicale internationale'. I told the
Charg& d'affaires that this organization was unknown to me. After
an inquiry into this nIItter, it was established that such an
organization did not operate in Suriname, nor had it operated here
in the past. In the mean time reports in the Dutch media about the
alleged massacre took on major dimensions.
“5. On Wednesday, 7 October 1987, a trip to Pokigron was organized by
the Army in which the Chief of Staff, the Batallion Commander and,
among others, four Dutch journalists participated.
During this visit to Pokigron, the journalists had the opportunity
to interview the people of that village, who again expressed their
utter satisfaction with the actions undertaken by our Army against
the terrorists, Their findings were subsequently reported in the
- Dutch press. -
“Given the practice of the Dutch Government to submit complaints or
alleged violations of human rights in Surinaine without any evidence, I
have dwelled at length upon these events.
“With regard to an incident which would have taken place at
Xlaaskreek in which three people would have been shot at by the National
Army, as a result of which one would have died, reported to you on
) 1 October 1987, I have the honour to inform that such an incident is
neither known to us, nor has it e ser been reported to the official
authorities.”
99. Subsequently, information was received from arxther source on the above
incident to the effect that, between 10 and 20 September 1987, in the area
known as Tjongalangapassie, between Brownsweg ar Pokigron, at least
: - 19 persons were allegedly killed by government forces-. The names of I T orthe
: : - 19 persons were given, including three probable members of the rebel forces.
it was alleged that, between 10 and 20 September 1987, there had been no
engageirent between the government forces aw l the rebel forces in the area.
100. Furthermore, the Special Rapporteur, after having- received infbrmation On
another alleged incident of killings by government forces on 31 December 1981,
addressed the following cable to the Minister for Foreign Affairs of Suriname
on 7 January 1988:
... “My attention has been drawn to reports of an incident on
31 December 1987 in which six persons were alleged to have been killed in
a sununary or arbitrary manner by members of the tqational Army. 0 rdi.ng
to the information received on 32. December 1987, seven persons were
- . -— - - - - - - - - - - . . - ___
__
E/cN. 4/1988/22
page 55
allegedly apprehended in Atjonni, landing stage of Pokigron in the
sipaliwini district by the government foIIeII. Two of th seven were
allegedly shot and bayonetted to death on the spot anc the remaining five
were allegedly taken by the government forces. On 4 January 1988, four
of them were said to have been found dead some 30 kilometres away from
J3rownsweg together with the remaining person who was reportedly still
alive. It was further alleged that those persons were shot dead after
having been severely beaten. The names of the six victims were given as
Eollaqs: Daison Aloeboetoe, D c Demanu Aloeboetoe, Mikuwendje Aloeboetoe,
John Amoicla, Martin—Indisie Banai and J3eri- Tic o.
“Since I am now finalizing my report to the Commission on Human
Rights at its forty—fourth session it would be appreciated if I were to .
receive on an urgent basis any information from Your Excellency's
Government on the above—mentioned incident and in particular on any
investigation carried out by the appropriate authorities.”
101. At the time of the preparation of this report, no reply had been received
from the Government of Suriname.
L
:
E/GT .4/1988/22
page 56
V. CONCLUSIONS AND RECOMb NDATI0NS .
102. At the conclusion of his mission, the Special Rapporteur made a report ta
the Secretary—General of the United Nations in which he made suggestions,
recommendations and proposals that the Secretary-General, at his discretion,
might wish to take into consideration with regard to the situation in east
S U r inane.
103. Regrettably sunoeary or arbitrary executions have occurred and continue t 0
occur in Suriname. This is mainly attributed to the internal armed conflict
in the eastern and southern parts of the country. As already stated (see
para. 30), the number of innocent civilians killed, including women, children
and the aged, is in the hundreds rather than the thousands as some allegatihns
affirmed. The section of the Surinanese society most affected is the “Bush
Negroes”.
104. As already noted (see paras. 34—35) the “Bush Negroes” as a community
have not only suffered the most as far as the arbitrary deprivation of life is
concerned but a high proportion of then have lost their houses and property,
have been displaced from their land, their conmiunal and family life has been
disrupted and they are being deprived of their cultural roots. Rightly or
wrongly, the “Bush Negroes” think that they are not being treated as human-
beings, that they are in fact regarded as less than human beings, that they
are not wanted in Surinanie, that their right to life is not recognized and
respected and consequently they think that the Government wants to alienate
them from the rest of society.
105. The effect of the armed conflict has re hed beyond the “Bush Negroes”
and includes the Pnerindians and in fact the entire Surinanese population.
There is no area of economic and social life which has not been adversely
affected by it.
. ) 106. Regarding killings of individuals outside the context of military
operations, the Special Rapporteur took note of the significant gap between
the information he received and that provided by the military police. The
Special Rapporteur is concerned that the civiliab police, the public
Prosecutor and the Attorney—General were a f lnost entirely excluded from
handling such cases and that the military police dealt exclusively with them.
He was also concerned at the way in which investigations were said to be
carried out or at the total absence of any kind of investigation. As a
. . . consequence, with one exception (the case of Humphrey Lienga) nobody had been
held responsible for killings and. brought to justice. In addition, the
Special Rapporteur noted that several civilians had been in the custody of the
military police for several months without being brought before the courts of
law. . . . .
‘ : 107. As was stated in the Special Rapporteur's previous report on Suriname,
all the sectors of Surinaniese society acknowledged that suriunary or arbitrary
executions could be prevented if deTrocracy was fully restored. In this
context, therefore, the recent developments of successfully holding a
referendum on the Constitution and the general elections is to be welcomed.
It remains to be seen how the relationship between the various organs of the
State, such as the National Assembly, the Presidency, the Council of State,
the Security Council, the judiciary and the National Army, will work out in
E/G . 4/1988/22
page 57
v . practice. It is to be hoped that the collective will of the people as -
reflected fl the recent elections and the interests of Suriname will always be
par ount.
108. In order further to create conditions under which the phenomenon of
or arbitrary executions can be reduced if not eliminated altogether,
the flew Government, in the opinion of the Special Raplxflteur, will have to
addre S S itself to the following issues:
(a) It will have to find a peaceful way of ending the internal armed
conflict and, in this regard, it is recommended that a cease—fire should be
negotiated forthwith; .
(b) It will have to think of policies and take measures which will
create conditions under which the refugees in French Guyana will feel that
they can return to Suriname and that their lives and properties will be secure
and protected;
(c) A compensatory and rehabilitation programme for all those who have
been displaced or have lost their property as a result of the internal
conflict will have to be devised. Humanitarian aid for the dependants of
those who have died should also be considered. Special development programmes
for those areas affected and in particular the eastern and southern parts of
Suriname should be considered and implemented. The international community
should assist as a priority in the whole programme envisaged u nder this
paragraph;
(ci) There should be deliberated and planned efforts aimed at national
reconciliation involving the reintegration of the “Bush Negroes” and other
marginalized conununities in every aspect of national life and the
decision—making processes;
(e) The Government should spare no effort to restore the faith,
confidence and trust in institutions such as those concerned with law
enforcement, investigation and prosecution, which should be restored to the
civil authorities within the context of a constitutional separation of powers,
with the corresponding checks and balances. The civil police and judicial
authorities apoear to lack adequate facilities; such facilities, including
preparation and training of personnel, will have to be provided to ensure that
these authorities assume their lawful responsibilities. All alleged killings
should be investigated in an effort to establish responsibility and those
responsible. should he- prosecuted- in- accordance -with the applicable law,
(f) Finally, in the spirit of the separation of the powers of the State,
appropriate measures should be taken to ensure that the armed forces resume
their constitutional responsibilities, in defence of the people and the
territorial integrity of Suriname and under the contro l of the executive power.
