UNITED
NATIONS
E
Distr.
Economic and Social GENERAL
Council
E/CN.4/1997/60/Add.1
23 December 1996
ENGLISH
Original: ENGLISH/
FRENCH/SPANISH
COMMISSION ON HUNP N RIGHTS
Fifty—third session
Item 10 of the provisional agenda
QUESTION OF THE VIOLATION OF HUN N RIGHTS AND FUNDPMENTAL
FREEDOMS IN ANY PART OF THE WORLD, WITH PARTICULP R REFERENCE
TO COLONIAL AND OTHER DEPENDENT COUNTRIES AND TERRITORIES
Extrajudicial, surrimary or arbitrary executions
Report of the Special Rapporteur, Mr. Bacre Waly Ndiaye, submitted
pursuant to Commission on Human Rights resolution 1996/74
Introduction
Addendum
Country situations
CONTENTS
Paragraphs
Page
1— 3 4
I. COUNTRIES
Afghani stan
Algeria .
Angola .
Argentina .
Armenia .
Australia
Azerbaij an
Bahrain
Bangladesh
Belgium
Bolivia
Botswana .
Brazil .
.. 4— 7
. 8— 13
.. 14— 18
.. 19— 25
.. 26— 30
.. 31— 35
.. 36— 40
.. 41— 49
50 — 55
4
5
6
7
8
9
10
11
13
56 14
.. 57— 59 14
. . 60 15
.. 61— 70 15
GE.97—10072 (E)
E/CN. 4/1997/60/Add. 1
page 2
CONTENTS ( continued )
Paraora hs Paoe
Bulgaria . . .
Burkina Faso .
Burundi . . .
Carifiodia . . .
Chile . . .
China . . .
Colorifiia . . .
Comores . . .
Costa Rica . .
Cuba . . .
Djibouti . . .
Egypt . . .
El Salvador . .
Spain . . .
Estonia . . .
Ethiopia . . .
France . . .
Garifiia . . .
Georgia . . .
Germany . . .
Guatemala . . .
Equatorial Guinea
Guinea . . .
Guyana . . .
Haiti . . .
Honduras . . .
India
Iraq
Israel
Jordan
Kazakstan
Kenya
Kuwait
Liberia
Ma lays i a
Maroc (Mor
Mauritania
Mauritius
Mexico
Moldova
Myanma r
Nepal
Netherlands
Nicaragua
Nigeria
Pakistan
17
19
20
21
22
23
26
39
40
40
41
42
44
47
47
47
48
48
49
49
49
55
56
57
57
58
58
60
65
68
69
72
72
73
75
75
76
77
78
78
78
88
88
90
90
91
91
92
Indonesia and East Timor
Iran (Islamic Republic of)
.. 71— 78
.. 79— 80
.. 81— 89
.. 90— 94
.. 95— 99
. . 100 — 114
. . 115 — 140
. . 141
. . 142
. . 143 — 147
. . 148 — 149
. . 150 — 159
. . 160 — 168
. . 169
. . 170 — 171
. . 172 — 176
. . 177 — 178
. . 179 — 180
. . 181
. . 182
. . 183 — 202
. . 203 — 206
. . 207 — 209
. . 210 — 212
. . 213 — 216
. . 217
218 — 230
. 231 — 247
. 248 — 267
268 — 271
. . 272 — 286
. . 287
. . 288 — 289
. . 290 — 298
. . 299 — 300
. . 301 — 303
. . 304 — 307
. . 308 — 310
. . 311
. . 312
. . 313 — 346
. . 347 — 348
. . 349 — 355
. . 356 — 358
. . 359
. . 360 — 364
. . 365 — 367
. . 368 — 375
cco)
Papua New Guinea
376 — 380 93
CONTENTS ( continued )
Palestinian Authority
Turkish Cypriot conr unity
E/CN. 4/1997/60/Add.1
page 3
Para Qra hs Pa Qe
Paraguay
381
94
Peru
382 — 392
95
Philippines
393 - 398
97
Poland
399
99
Romania
400 — 401
99
Russian Federation
402 — 419
100
Rwanda
420 — 426
103
Saudi Arabia
427 — 429
105
Senegal
Sierra Leone
430 — 432
433 — 434
105
106
Singapore
Sri Lanka
435 — 438
439 — 452
106
107
Sudan
453 — 460
110
Syrian Arab Republic
Tajikistan
461 — 462
463 - 466
111
111
Chad
467 — 468
112
Thailand
469 — 473
113
Togo
Trinidad and Tobago
474 — 476
477
113
114
Turkey
Turkmenistan
478 — 502
503
114
120
Tunisia
505 - 513
120
Ukraine
514 — 522
122
United Kingdom of Great Britain and
Northern Ireland
523 — 542
124
United States of Aoeerica
543 — 551
127
Uruguay
Uzbekistan
552 — 553
554
130
131
Venezuela
555 — 558
131
Viet Nam
559 — 560
132
Yemen
561 — 563
132
Zaire
564 — 572
133
573 — 574
575
134
134
II . OTHERS
E/CN. 4/1997/60/Add. 1
page 4
Introduction
1. This addendum to the report on extrajudicial, summary or arbitrary
executions describes 95 country situations and gives an account of actions
undertaken by the Special Rapporteur between 25 Novercber 1995 and
1 Nover er 1996. It also contains in summary form the replies received from
Governments to his corcoeunications and, where appropriate, observations of the
Special Rapporteur.
2. Since most allegations of extrajudicial, summary or arbitrary executions
were transmitted on 4 June 1996 and 1 Septercber 1996, these dates are not
indicated in the report. The dates included in the report, mostly in
parenthesis, are those of urgent appeals, those of allegations transmitted on
a different date than the above—mentioned, and those of governoeent replies.
3. Owing to restrictions on the length of documents, the Special Rapporteur
was obliged to reduce considerably details of corcoeunications sent and
received. As a result, requests from Governoeents to pJilish their replies in
their totality could not be acceded to. Moreover, responses from sources to
requests of the Special Rapporteur, although of great importance to his work,
are only reflected very briefly in the report.
I. COUNTRIES
AfQhanistan
Information received
4. The Special Rapporteur received reports concerning killings of civilians
in Kabul as a result of indiscriminate attacks by the Taliban and other
warring factions. He also received distressing information indicating that in
the areas under Taliban control, court—ordered executions of adulterers by
stoning were reinstated. For an in—depth analysis of the human rights
situation prevailing in the country, reference is made to the report of the
Special Rapporteur on the situation of human rights in Afghanistan
(E/CN.4/1997/59) .
Communications received
5. The Governoeent provided a reply to the case of Mir Wais Jalil, a EEC
World Service journalist allegedly found dead after having been abducted in
Kabul on 29 July 1994. The Special Rapporteur was informed that Mir Wais
Jalil had never been threatened by the Government of Afghanistan and that the
killing occurred outside the territory over which it had control. The
Government also stated that the ad hoc corcoeission appointed to investigate the
assassination of Mir Jalil had not produced any results (10 April 1996) .
Follow—un
6. The Special Rapporteur requested more details about the proceedings of
the ad hoc commission appointed to investigate the killing of Mir Wais Jalil
and about the status of investigations.
E/CN. 4/1997/60/Add.1
page 5
Observations
7. The Special Rapporteur thanks the Government for the reply provided in
regard to the case of Mir Wais Jalil. He calls on all warring factions in the
country to respect international human rights and humanitarian law standards
and, in particular, to protect at all times the right to life of civilians and
other non—cor atants. The Special Rapporteur deeply regrets the killing of
the former Afghan President Najibullah by the Taliban after his abduction from
the compound in Kabul of the United Nations Mission in Afghanistan.
AlQeria
Information received and conr unications sent
8. As in previous years, the scanty information brought to the attention of
the Special Rapporteur indicates that human rights violations, and in
particular extrajudicial, summary or arbitrary executions, continue to occur
on an alarming scale.
9. There are disturbing reports of the existence of civilian militias
formed by the Algerian Government and integrated into the security forces.
They are said to be involved in violations of the right to life.
10. The Special Rapporteur transmitted allegations he had received to the
effect that, on 22 July 1994, the gendarmerie in Tixter (Bordj—Bou—Arreridj)
were informed by a citizen of the discovery of 15 bodies with bullet wounds in
Dhala forest (corcoeune of Taghrout) . According to the information received,
no action has been taken to elucidate the circumstances of death or to
identify the bodies.
Conr unications received
11. The Governoeent replied to the allegations transmitted by the Special
Rapporteur, stating that because of serious mutilation it had been possible to
identify only three of the bodies, which were those of Nadji Benharcoeadi,
Azzouz Maarcha and El Kheir Bouadi. In addition, the Special Rapporteur was
informed that a preliminary inquiry had been initiated by the PJ lic
Prosecutor's Office but had yielded no further information. A judicial
inquiry was then opened. The investigation is reportedly continuing
(22 October 1996) .
Follow—un on invitations to visit AlQeria
12. The Special Rapporteur expressed appreciation to the Governoeent for the
invitation extended to him, in a letter of 15 Nover er 1993, to visit Algeria
and informed it of his interest in making the visit before mid—February 1997
(28 August 1996) .
Observations
13. The Special Rapporteur wishes to thank the Algerian Government for the
information which it has kindly brought to his attention. He remains
concerned at the high level of violence in Algeria and is very worried about
E/CN. 4/1997/60/Add. 1
page 6
the persistent allegations of violations of the right to life committed both
by the security forces and by the armed Islamic groups. He regrets that, at
the time this report was completed, there had been no response to his
acceptance of the Algerian Government's invitation.
An Qola
Information received and conr unications sent
14. The Special Rapporteur continued to receive allegations and information
to the effect that the security forces, on the one hand, and the National
Union for the Total Independence of A ngola (UNITA) , on the other, were
responsible for numerous extrajudicial, summary or arbitrary executions.
Furthermore, reports that journalists who had criticized the Government had
received death threats were brought to the Special Rapporteur's attention. It
is further reported that police officers have shot at suspects on sight
instead of trying to arrest them.
15. The Special Rapporteur was also informed of the lack of significant
progress in judicial investigations involving the Angolan Governoeent's
security forces. The few investigations which were opened reportedly yielded
no practical result.
16. In a letter addressed to the Governoeent, the Special Rapporteur
transmitted allegations of violation of the right to life of the following
persons: Jos Adao Da Silva, UNITA provincial secretary in Luanda and elected
mercber of the National Assercbly, shot by two police officers on 14 July 1996;
Antonio Maltey, died of bullet wounds in hospital. According to the
information received, he had been the victim of persecution since 1993 because
of his contacts with mer ers of his family belonging to UNITA.
Follow—un
17. The Special Rapporteur sent a follow—up letter to remind the Anigolan
Government that no reply had yet been received concerning the allegations
transmitted by him during the period under consideration.
Observations
18. The Special Rapporteur regrets that he has not received from the Anigolan
Government any information concerning the allegations transmitted. He
continues to be seriously concerned at the fact that the human rights
violations particularly affect a civilian population which has been sorely
tried by more than 20 years of civil war. He urges the two parties to the
conflict to respect the agreements concluded for the restoration of peace in
A ngola. To this end, he suggests to the Government that it should, with the
United Nations Angola Verification Mission (UNAVM III) , undertake a
large—scale initiative to rid the country of mines. Millions of
anti—personnel mines which have been laid all over Angola have already killed
or maimed a very large nurcber of civilians, including women and children.
E/CN. 4/1997/60/Add.1
page 7
ArQentina
Information received and conr unications sent
19. The Special Rapporteur sent two urgent appeals to the Government of
Argentina, one of them on behalf of the 17—year—old Alejandro Mirabete and his
relatives, after he had been informed that two police officers in civilian
clothes had shot and seriously wounded him in the Belgrano district of
Buenos Aires. He also learned that relatives of Alejandro Mirabete had been
under surveillance by police officers in civilian clothes and had received
intimidating telephone calls (6 March 1996) . He expressed regret at the news
of the death of Alejandro Mirabete, who succurcbed to his serious wounds
shortly afterwards.
20. In addition, the Special Rapporteur sent an urgent appeal on behalf of
Mr. Federico Alberto HJiert, the lawyer responsible for the case of Diego
Rodriguez Laguens, after learning that the threats and intimidation to which
he had been sJijected were continuing. These new threats follow a series of
acts of intimidation against the lawyer and relatives of Diego Rodriguez
Laguens, a 26-year-old engineer who died in 1994 while in police custody in
San Pedro, Jujuy. The Special Rapporteur sent a nur er of urgent appeals on
behalf of the victim's lawyer and relatives in previous years (21 May 1996) .
21. The Special Rapporteur also transmitted to the authorities the
complaints he had received about the alleged extrajudicial, summary or
arbitrary executions of the following persons:
(a) Pedro Salvador Aguirre, who was killed on 5 July 1996 in the
district of Laguna, Seca, Corrientes, by a nurcber of men who were allegedly
police officers;
(b) Jos Delfin Acosta, Uruguayan citizen, black, domiciled in
Buenos Aires, died on 5 April 1996 shortly after having been arrested by
officers from the Fifth Federal Police Station. The Special Rapporteur was
informed that the officers had beaten him and that, after he had begun to
suffer convulsions, he had been taken by ar ulance to Ramos Mejia hospital but
was dead on arrival.
Conr unications received
22. The Argentine Government informed the Special Rapporteur that, in
connection with the Diego Rodriguez Laguens case, a public hearing was due to
have been held on 6 Noventer 1995 but was suspended and postponed until 1996.
The Under—Secretariat for Human Rights (Ministry of the Interior) contacted
the victim's family and lawyer, who raised no objection. As to the threats
and intimidation suffered by Mr. HJ ert, they were reported and were being
investigated by the Third Rota Court of Formal Investigation in Salta, the
proceedings being at the pre—trial stage. The Governoeent also informed the
Special Rapporteur that Mr. HJ ert was under protection by the Salta and Jujuy
branches of the Federal Police (13 Dece n ter 1995) . The Governoeent later
reiterated that the relatives and the lawyer were all under permanent
protection by the Salta and Jujuy branches of the Federal Police
(19 June 1996) .
E/CN. 4/1997/60/Add. 1
page 8
23. The Argentine Government replied to the urgent appeal sent by the
Special Rapporteur on behalf of Alejandro Mirabete in communications of
25 March and 19 July 1996. According to the Government's reply, judicial
proceedings were initiated in Juvenile Court No. 6 in Buenos Aires. After the
boy's death, the case was transferred to Criminal Investigation Court No. 30
in Buenos Aires, and prosecution proceedings and the pre—trial detention of a
police officer were ordered. The proceedings are still under way.
Follow—un
24. In a follow—up corcoeunication to the Government, the Special Rapporteur
referred to additional information received from the sources in connection
with the death of Diego Rodriguez Laguens. These sources stated that, on
31 May 1996 in Jujuy, three policemen had been tried and sentenced to 16
years' imprisonment for his murder. The Special Rapporteur was also informed
that the defendants had appealed against the sentence and that the victim's
family had been awarded US$ 100,000 in compensation. According to the
information received, after statements by Mr. HJiert when the sentence was
known, the court ordered him to be detained for five days for having made
offensive corcoeents about the judiciary; the detention order was suspended
shortly afterwards. In that connection, the Special Rapporteur requested the
Government to inform him of the result of the appeal. In the same
communication, he requested information about judicial developments in the
Alejandro Mirabete case.
Observations
25. The Special Rapporteur thanks the Government of Argentina for the
information provided in reply to his various communications. He regrets that
although he transmitted a nunter of urgent appeals in previous years on behalf
of Pedro Salvador Aguirre (see E/CN.4/1994/7, para. 121), this man was
murdered. In this connection, he urges the authorities to adopt all necessary
measures for the protection of persons whose life or person may be in danger.
He welcomes the sentence imposed on the persons responsible for the death of
Diego Rodriguez Laguens and the compensation awarded to the family.
Armenia
Information received and communications sent
26. The Special Rapporteur sent an allegation of an extrajudicial, summary
or arbitrary execution to the Government of Armenia concerning Rudik Vartanian
who reportedly died on 21 January 1993 in police custody as a result of
injuries inflicted during a severe beating.
Communications received
27. The Government provided the Special Rapporteur with a reply to the
allegations he had transmitted in 1995 regarding Ardavast Manukian, a mercber
of the Armenian Revolutionary Federation, who reportedly died in custody, and
regarding eight unidentified prisoners of war of Azerbaijani nationality who
allegedly died in the Armenian Ministry of Defence prison in Yerevan.
Concerning the alleged death in custody of Ardavast Manukian, the Government
E/CN. 4/1997/60/Add.1
page 9
informed the Special Rapporteur that two autopsies had been carried out, from
which it had been concluded that he had died of natural causes. The
Government also stated that, according to the medical file, he had received
appropriate medical treatment. Criminal investigations carried out by the
Investigations Department of the office of the Public Prosecutor of the
Republic of Armenia had established no unlawful acts on the part of the
medical personnel, officials or other persons. With regard to the eight
unidentified prisoners of Azerbaijani origin, the Government informed the
Special Rapporteur that they had corcoeitted suicide after an unsuccessful
attempt to escape from the prison (29 Nover er 1995) .
28. In response to the Special Rapporteur's follow—up conr unication
of 1 Septer er 1996 (see below, under follow-up) in which the Special
Rapporteur requested additional information on the case of the eight
unidentified prisoners of war of Azerbaijani nationality, the Governoeent
provided the clarification that the conclusion that the persons in question
had corcoeitted suicide was based on testimonies of fellow Azerbaijani prisoners
and of wardens, as well as on the findings of the forensic medical and
ballistic examinations. The Governoeent also informed the Special Rapporteur
that the case had been investigated by the Military Procurator and that the
findings of the investigation and the grounds for the decision taken in the
case had been reported in the mass media (31 October 1996) .
29. In regard to the case of Rudik Vartanian, the Government indicated in
its reply that the autopsy had established that his death had been caused by
severe damage to the brain caused by a blunt instrument and that criminal
proceedings had been initiated in connection with this incident
(31 October 1996) .
Follow—un
30. The Special Rapporteur thanked the Governoeent of Armenia for the replies
provided and sought further clarification in regard to the eight unidentified
prisoners of war of Azerbaijani nationality who died in custody in Yerevan on
29 January 1994, in particular as to the investigations carried out and the
evidence on which the authorities based their conclusion.
Australia
Information received and conr unications sent
31. The Special Rapporteur received information concerning deaths in custody
of persons of Aboriginal origin in Australia. According to the source, since
1989, 55 persons of Aboriginal origin had died while in custody, among them
11 minors and 7 women. The source alleged that many of those deaths could
occur because reconr endations made by the Royal Corcoeission into Aboriginal
Deaths in Custody (RCADIC) in its National report published in 1991 had not
been implemented to any meaningful degree.
E/CN. 4/1997/60/Add. 1
page 10
32. The Special Rapporteur was also informed that those deaths were in many
cases investigated by means of a coroner's inquiry. According to the source,
in a significant nunter of cases coroners' reports did not give a meaningful
explanation of how deaths occurred and included no investigation into
underlying issues.
33. In this regard, the Special Rapporteur transmitted the following
allegations of violations of the right to life of persons of Aboriginal origin
to the Government of Australia: Daphne Armstrong, who reportedly died on
25 May 1992 in Brisbane Watchhouse from heart failure after having been
arrested for alleged drunkenness; Barry Raymond Turbane, who reportedly
conr itted suicide on 7 April 1993 in the Arthur Gorrie Correctional Centre,
Queensland, allegedly as a result of insufficient supervision; Danial Yock,
who reportedly died on 7 Novercber 1993 at Brisbane Watchhouse shortly after
his arrest; Rickey Young, who reportedly died on 12 August 1993 in Launceston
General Hospital, Tasmania, after he had been shot in the abdomen by a police
officer; Janet Blundell, who reportedly died on 10 February 1992 shortly after
her arrest.
Follow—un
34. The Special Rapporteur sent a letter reminding the Governoeent of
Australia of the cases transmitted earlier in the year to which no reply had
yet been received.
Observations
35. The Special Rapporteur regrets that at the time the present report was
finalized, no replies had been received from the Governoeent. He is concerned
at the allegations of death in custody of persons of Aboriginal origin.
Azerbaijan
Information received and conr unications sent
36. The Special Rapporteur was informed that a high nunter of deaths
occurred among prisoners as a result of overcrowding, which was reportedly so
severe that it created unsanitary conditions in which the spread of diseases
was difficult to check. According to the information received, an official of
the Ministry of Health of the Republic of Azerbaijan was quoted in
October 1995 as reporting that, in 1994, 244 out of a total of 320 prisoners
infected with tuberculosis had died, and that in 1995 the nunter of prisoners
suffering from tjierculosis had reached 1,200.
37. The Special Rapporteur also transmitted the case of Aypara Aliyev, who
reportedly died on 25 Nove n ter 1995 in a prison hospital in Baku as a result
of inadequate medical treatment. According to the information received, he
was transferred from the medical facility of the Bayilov prison in Baku only
after he fell into a coma on 22 October 1995.
E/CN. 4/1997/60/Add.1
page 11
Conr unications received
38. In response to the case of Aypara Aliyev, the Government provided the
Special Rapporteur with general information concerning the procedure for
investigating deaths in custody, bringing perpetrators to justice and
providing compensation.
Follow—un
39. The Special Rapporteur sent a follow-up letter, reminding the Government
of Azerbaijan of the cases transmitted during 1995 and 1996.
Observations
40. The Special Rapporteur thanks the Government for the reply provided, but
notes that a reply of such a general nature does not meet his request for
specific information contained in the letter which accompanied the alleged
case of an extrajudicial, stioemary or arbitrary execution. The Special
Rapporteur calls on the Government to take all necessary measures to ensure
the right to life of all persons detained or imprisoned in accordance with the
Standard Minimum Rules for the Treatment of Prisoners, the Basic Principles
for the Treatment of Prisoners and the Body of Principles for the Protection
of All Persons under Any Form of Detention or Imprisonment.
Bahrain
Information received and conr unications sent
41. The Special Rapporteur received reports indicating that political
violence and unrest, which had started at the end of 1994, escalated in early
1996 and that the authorities of Bahrain responded to the unrest with massive
arbitrary arrests, torture of detainees, sometimes resulting in death, and
extrajudicial killings. It was also brought to the Special Rapporteur's
attention that on 26 March 1996 Bahrain carried out its first execution of a
death sentence in almost 20 years. The previous execution reportedly took
place in March 1977.
42. The Special Rapporteur transmitted three urgent appeals to the
Government of Bahrain, all of them relating to the imposition of the death
penalty after judicial proceedings which were reported to have fallen short of
international fair trial standards.
43. Two of these urgent appeals were sent on behalf of ‘Issa Aboead Hassan
Qarcbar who was reportedly sentenced to death for the murder of a police
officer in 1995. According to the source, ‘Issa Ahmad Hassan Qar ar was not
represented by a lawyer until he appeared in court. The source had also
expressed fears that the confession upon which the conviction was based might
have been extracted under torture by security forces during his pre—trial
detention (20 and 26 March 1996) . The Special Rapporteur learned with regret
that ‘Issa Ahmad Hassan Qar ar was executed on 26 March 1996.
E/CN. 4/1997/60/Add. 1
page 12
44. The Special Rapporteur also sent an urgent appeal on behalf of
‘Ali Ahmad Abed Al-Usfur, Yousef Hussein ‘Abdelbaki and Ahmad Khalil Ibrahim
Habil Al-Kattan who were reportedly sentenced to death by the State Security
Court after being convicted of carrying out a fireborifi attack on a restaurant
in which seven expatriates were killed. The State Security Court reportedly
does not allow for appeals. Furthermore, it was reported that the defendants
might have been convicted on the basis of confessions extracted under torture
by security forces during their pre-trial detention (3 July 1996) .
45. In addition, the Special Rapporteur transmitted allegations of
violations of the right to life in regard to the following four identified
persons: Fadhil Abbas Marhoon, reportedly shot on 3 May 1996 by security
forces during a peaceful demonstration in Karzakkan and taken into custody
where he reportedly died some days later; Abdul Aoeir Hassan Rustum, who
reportedly died on 11 May 1996 as a result of injuries inflicted by security
forces when they intervened in a peaceful demonstration in Daih on 9 May 1996;
Zahra Kadhem Ali, who reportedly died on 23 July 1996 in a military hospital
some hours after being shot by security forces; Ali Amin Mohanr ed, who
reportedly died in custody as a result of torture (30 Septer er 1996) .
Conr unications received
46. The Governoeent of Bahrain provided a reply to the urgent appeals sent on
behalf of ‘Issa Ahmad Hassan Qarcber, informing the Special Rapporteur that his
trial was pJilic and fair and in full compliance with international norms and
principles (9 April 1996) . In its reply concerning the case of Ali Amin
Mohanr ed who reportedly died in custody as a result of torture, the Government
stated that he had died of heart failure (31 October 1996) . In regard to the
urgent appeal sent on behalf of Ali Ahmad Abed al—Usfur, Yousef Hussein
‘ A bdelbaki and Ahmad Khalil Ibrahim Habil al-Kattan, the Government replied
that they had been convicted after due process of law (31 October 1996) .
47. The Governoeent also informed the Special Rapporteur that the events and
activities it had to face, including murder, borifiing, arson and the
destruction and looting of public and private property, were foreign-backed
terrorist activities (11 April 1996) .
Follow—un
48. The Special Rapporteur requested the Government to furnish additional
information in regard to the cases of Hani Al—Wasti, Hani Abbas Khamis and
‘Issa Aboead Hassan Qar ar, after the source provided him with further
information contradicting the Government's response. In the same letter the
Special Rapporteur also reminded the Government of the cases sent earlier
during the year to which a reply had yet to be received.
Observations
49. The Special Rapporteur wishes to thank the Government of Bahrain for the
replies provided. The Special Rapporteur continues to be concerned about the
allegations he has received regarding violations of the right to life. The
E/CN. 4/1997/60/Add.1
page 13
Special Rapporteur calls on the Government to take the necessary steps to
prevent further killings of demonstrators, in accordance with the Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials, and
to respect all international fair trial standards in death penalty cases.
BanQladesh
Information received and conr unications sent
50. The Special Rapporteur received numerous reports indicating that
violations of the right to life of persons of ChaI a ethnic origin continued
to be corcoeitted by mer ers of the Bangladeshi armed forces.
51. In this context, he transmitted allegations of violations of the right
to life of the following persons in the Chittagong Hill Tracts: Amar Bikash
Chakma, reportedly killed on 7 March 1996 by mercbers of the Bangladeshi armed
forces in Khaban puiya, Khagrachari when they opened fire on demonstrators;
Kyaw Jai Marma, reportedly shot and killed on 31 March 1996 by mercbers of the
police during a peaceful demonstration in Khagrachari.
52. In addition, he transmitted allegations regarding two unidentified
students, possibly belonging to a minority, who were reportedly killed by
plain—clothed police officers in a dining room of the University of Dhaka.
Conr unications received
53. The Governoeent informed the Special Rapporteur that the allegations
transmitted during 1995 and 1996 were being investigated and that a reply
would be provided as soon as the relevant authorities have completed their
inquiries (12 June 1996 and 5 October 1996) .
Follow—un
54. The Special Rapporteur sought further clarification in regard to the
cases of Lal Rijot Bawn and one unidentified person, later identified as Nabo
Alo ChaI a, after having received additional information from the source which
contradicted the Governoeent's reply. In the same letter, the Special
Rapporteur also reminded the Governoeent of the cases sent during 1995 and 1996
to which no reply had yet been received.
Observations
55. The Special Rapporteur is concerned about the persistent reports of
violations of the right to life conr itted by mercbers of the armed forces in
Bangladesh, in particular in the Chittagong Hill Tracts, although he only
received information sufficiently detailed to act upon in two individual cases
that occurred in 1996. He calls on the Governoeent to bring those responsible
for violations of the right to life to justice and to take appropriate
measures to ensure that such violations do not recur. He also wishes to
express once again his interest in visiting the country and hopes that the
authorities will reconsider their refusal to extend an invitation to him.
E/CN. 4/1997/60/Add. 1
page 14
Belc ium
56. The Special Rapporteur welcomes the abolition in August 1996 of the
death penalty for all crimes in Belgium, following the promulgation of a bill
and its pJ lication in the official gazette on 1 August 1996.
Bolivia
Information received and conr unications sent
57. During 1996, the Special Rapporteur received information on the
excessive use of force by the Mobile Rural Patrol Unit (LJMOPAR) , particularly
in clashes with coca—growers. In this connection, he transmitted to the
Government of Bolivia complaints about alleged violations of the right to life
of the following persons:
(a) Juan Ortiz Diaz, died on 8 August 1995, in a clash between
policemen and coca—growers in Ayopaya, Carrasco;
(b) Ram6n Crespo Condori, died in a violent clash in Chancadora,
Carrasco, between police and coca—growers on 2 Septercber 1995. It was
reported that the victim was at the front of a group of coca—growers who were
throwing stones at the police;
(c) Roxana Janeth Veliz Vargas, aged 13, died on 15 Novercber 1995,
after being shot in the stomach in an altercation in Shinahota;
(d) Jos Mejia Piso, peasant, killed on 18 August 1995 by a mercber of
the L]NOPAR in a clash with local residents in San Gabriel.
58. In addition, in a follow—up corcoeunication, the Special Rapporteur
reminded the authorities that he had not yet received a reply about the
above—mentioned cases or about the case of Felipe P rez, a peasant allegedly
killed by police officers in August 1994, referred to the Bolivian Governoeent
in 1995.
Observations
59. The Special Rapporteur regrets that no reply has been received from the
Government concerning the corcoeunications sent since 1995. He invites the
Government to take the necessary measures, in conformity with the Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials, in
order to avoid any repetition of incidents similar to those mentioned above.
He urges the Bolivian authorities to ensure that law enforcement officials
receive comprehensive training in human rights questions and, above all,
concerning limitations on the use of force and firearms in the performance of
their duties.
E/CN. 4/1997/60/Add.1
page 15
Botswana
Follow—un
60. The Special Rapporteur sent a letter to remind the Government that a
reply had yet to be received concerning the case of Binto Moroke, who was
reportedly killed on 19 February 1995 in Mochudi.
Brazil
Information received and conr unications sent
61. Information brought to the attention of the Special Rapporteur during
1996 indicates that violations of the right to life have continued to occur,
mainly in the context of conflict over land. Excessive use of force by
military police carrying out evictions of landless rural workers has led to
the loss of many lives. In addition, it has been reported that gunmen, some
of them allegedly policemen, reportedly hired by local landowners, have been
responsible for threatening, harassing and in some cases killing peasants and
indigenous leaders claiming their rights over land. The Special Rapporteur
was informed that Decree 1775/96, issued by the Federal Government in
January 1996, provided procedures for administrative claims by non—indigenous
claimants to indigenous areas already demarcated as such. Several sources
expressed concern that the uncertainty created by this decree could lead to
violent incursions onto indigenous lands and to human rights abuses.
62. The Special Rapporteur transmitted five urgent appeals to the Government
of Brazil on behalf of the following persons:
(a) Witnesses and relatives of the victims of the Vigario Geral
massacre and mer ers of the Casa de Paz in Vigario Geral, after having been
informed that F bio Goncalves Cavalcante and Edval Silva were killed in
Vigario Geral, allegedly by police officers, in similar circumstances to the
1993 Vigario Geral massacre. According to the information received by the
Special Rapporteur, the killings occurred during pre—trial proceedings against
56 policemen accused of participating in the Vigario Geral massacre
(6 February 1996) . The Special Rapporteur sent a second urgent appeal on
their behalf, after being informed that they continued to be threatened and
harassed, particularly following the conditional release in February of 18 of
the policemen accused of carrying out the massacre (7 March 96) ;
(b) 250 mer ers of the Guarani—Kaiow indigenous conr unity in Jarara,
following a court ruling to evict them from the land they occupied in Jarar ,
Juti municipality, Mato Grosso do Sul (23 May 1996) ;
(c) 200 squatter peasant (posseiro) families on the Sao Francisco
estate, following the killing of Manuel Moraes de Souza and two other men,
known as Sebastiao and Val rio, by unidentified gunmen, reportedly mer ers of
the police hired by local lando ers (30 August 1996);
(d) Luiz Gonzaga Danteas and Roberto Monte, both human rights
defenders with the Centro de Direitos Humanos e Mem6ria Popular, and an
unknown witness, following the killing of human rights lawyer Francisco Gilson
E/CN. 4/1997/60/Add. 1
page 16
Nogueira de Carvalho in Natal, Rio Grande do Norte. Reportedly he was
investigating the involvement of mer ers of the Rio Grande do Norte civil
police in death squad activities (24 October 1996) .
63. In addition the Special Rapporteur transmitted allegations he had
received concerning the violations of the right to life of the following
persons:
(a) Journalists, reportedly killed in May and August 1995: Marcos
Borges Ribeiro, owner of the newspaper 0 Inde endente of Rio Verde, killed by
a policeman, following publication of an article in which he accused mer ers
of the local police of being involved in violations of human rights; Aristeu
Guida da Silva, owner of A Gazeta de Sao Fidelis , threatened with death and
killed, following the publication of some articles accusing municipal
counsellors ( consejeros municIIales ) of Sao Fidelis of irregularities;
Reinaldo Countinho da Silva, owner of Cachoeiras Hornal of Cachoeira de
Macacu, Rio de Janeiro, killed in Sao Gonqalo. His newspaper had reportedly
accused mer ers of the local police of irregularities in their work;
(b) 20 peasants, reportedly killed on 17 April 1996, during a
confrontation between Pars State Military Police and some 2,000 landless
peasants. According to the source, mercbers of the military police who were
trying to break up a demonstration of peasants belonging to the Movimento de
Trabalhadores Rurais S cm Terra (Movement for Landless Rural Workers), in
Eldorado do Caraj s, opened fire against them.
Conr unications received
64. The Government of Brazil informed the Special Rapporteur that, regarding
the death of Reinaldo Silva, judicial investigations were still under way
(12 Decer er 1995) .
65. Regarding the alleged death threats against the Macuxi indigenous
conr unity, the Government informed the Special Rapporteur that investigations
into the incidents were being conducted by the federal and state police and
that lawsuits in this regard had been submitted to the federal and state
judiciary systems. In addition, the Government provided general information
regarding the Macuxi indigenous conr unity and stated that the land that
conr unity occupied in Raposa/Serra do Sol had not yet been recognized by the
Minister of Justice as of permanent indigenous occupation. The Government
also explained that the Fundaqao Nacional do Indio (FUNA I) had declared itself
in favour of demarcation of that land after having undertaken anthropological
and land studies (23 January 1996) .
66. In addition, the Government provided information regarding the incidents
which took place in Eldorado de Caraj s in which 20 persons were allegedly
killed. According to the Government, the Attorney-General of the Republic had
requested an inquiry to be opened to determine the possible responsibility of
the Governor of Pars. The Government stated that six witnesses had been
granted protection by the Federal Police. Furthermore, a total of
155 persons, including a colonel, a conr ander of the 4th Battalion of the
military police in Marab , a lieutenant—colonel, a major and a captain, would
be brought to justice. Disciplinary measures had been taken against the
E/CN. 4/1997/60/Add.1
page 17
accused. In addition the Government informed the Special Rapporteur that the
Government of Pars was elaborating a draft bill providing for the compensation
of the surviving victims and families of the deceased (23 July 1996) .
Follow—un
67. By a follow—up corcoeunication, the Special Rapporteur requested the
Government to provide further details regarding the judicial proceedings in
the case of Reinaldo Silva and the incidents in Eldorado de Caraj s in which
20 peasants were reportedly killed. In particular he requested details
concerning the content of the draft bill which was being elaborated by the
Government of Pars with the aim of providing compensation for the surviving
victims and families of those killed. He also asked the Government to inform
him whether the draft bill had been adopted.
68. In the same corcoeunication the Special Rapporteur brought to the
attention of the Government that, according to the source, to that date, no
one had been brought to justice in relation to the CoruiIIiara massacre. He
also informed the Government that, according to additional information he had
received regarding the Candelaria massacre, one military policeman had been
sentenced to 309 years' imprisonment for his involvement in the massacre. His
sentence had shortly thereafter been reduced to 89 years after a retrial.
Other military police officers accused had not yet stood trial. The Special
Rapporteur requested the Government to provide him with additional information
regarding the trial procedures, as well as with further judicial developments.
Observations
69. The Special Rapporteur thanks the Government of Brazil for the replies
provided and the willingness shown to cooperate with his mandate. He is
concerned about allegations of violations of the right to life in the context
of land conflicts and expresses deep concern at the reported excessive use of
force by law enforcement officials, particularly when carrying out eviction
orders. While deploring the tragic events of Eldorado de Caraj s, he urges
the authorities to ensure that law enforcement officials receive thorough
training in human rights matters and in particular with regard to the
restrictions on the use of force and firearms in the discharge of their
duties.
70. The Special Rapporteur reiterates his concern about allegations of
harassment and violations of the right to life against witnesses of human
rights violations and relatives of victims. He urges the authorities to take
all necessary measures to ensure that witnesses of human rights violations
involved in judicial proceedings are given effective State protection.
BulQaria
Information received and conr unications sent
71. The Special Rapporteur received information which indicated that in
May 1995 the Minister of the Interior of Bulgaria had stated that 17 people
had died in suspicious circumstances in police custody during the previous
14 months. No information was given on how many of these deaths were
E/CN. 4/1997/60/Add. 1
page 18
reportedly investigated or on the results of such investigations. The
Special Rapporteur was also informed that official statistics on deaths in
custody are not made pJilic.
72. The Special Rapporteur transmitted allegations of deaths in custody in
regard to five identified persons: Khristo Khrsitov, who reportedly died on
5 April 1995 in Sofia, allegedly as a result of a blow to the chest, after he
had been arrested on suspicion of theft; Kostadin Timchev, aged 17, reportedly
arrested in Plovdiv on 24 April and taken to the Dimitrovgrad hospital on
25 April 1995 with a brain haemorrhage, allegedly resulting from a blow to the
head and causing his death five days later; Iliya Gherghinov, belonging to the
Roma ethnic minority, whose body was reportedly found on 10 February 1995
after having been tortured in the Gradets police station the previous day;
Assen Ivanov, aged 17 and belonging to the Roma ethnic minority, who
reportedly died on 12 February 1995 in a hospital in Sandanski as a result of
torture while in police custody; Angel ZJ chinov, who was reportedly brought
from the police station to the hospital in Razgrad where he died on
30 January 1996, allegedly as a result of brain haemorrhage following a blow
to the head.
Conr unications received
73. The Government provided a reply to the cases transmitted during 1995 and
most of those sent during 1996.
74. In respect of the case of Ly bcho Sofiez Terziev, who reportedly died in
police custody in Kanzanluk on 6 August 1994, the Government informed the
Special Rapporteur that the forensic medical report on the corpse had
concluded that death had been caused by multiple traumas on the head, torso
and lircJis that led to traumatic shock. The Special Rapporteur was also
informed that the preliminary proceedings had not been completed and the
perpetrator of the crime not identified (12 March 1996) .
75. In regard to the case of A ngel Anigelov, who was reportedly shot dead by
a police officer on 20 March 1995, the Government responded that the police
officer who had shot him had done so in self-defence when attacked by the
victim with a pickaxe, and after having fired a warning shot in the air. The
Government also informed the Special Rapporteur that preliminary proceedings
had not yet been completed (23 May 1996) .
76. In addition, the Government provided a response in the cases of
Khristo Khrsitov, Assen Ivanov, Iliya Gherghinov, and Angel ZJ chinov, which
were transmitted in 1996. The Government informed the Special Rapporteur that
three police officers had been found guilty by the Sofia Military Court of
beating Khristo Khrsitov, and that two of them had been sentenced to 20 years'
imprisonment and one to 18 years. In regard to the case of Assen Ivanov, the
Government stated that the investigation had not yet been concluded owing to
delayed expertise but that a preliminary investigation had shown no evidence
that police officers had beaten and struck Ivanov while he was detained. In
regard to Iliya Gherghinov, the Special Rapporteur was informed that, in the
E/CN. 4/1997/60/Add.1
page 19
absence of evidence of death caused by violence, the Sliven Prosecutor's
Office had ruled suspension of the proceedings for lack of criminal offence.
In respect of the case of Angel Zubchinov, the Governoeent responded that the
Military Prosecutor's Office in Varna had not been notified of the case and
that an inquest had been instituted (23 Septercber 1996) .
Follow—un
77. The Special Rapporteur requested additional information on the cases of
LyJicho Sofiez Terziev and A ngel Angelov, in particular in regard to
investigations conducted and the status of preliminary proceedings.
Observations
78. The Special Rapporteur wishes to thank the Government of Bulgaria for
the replies provided. He is, however, concerned that in most of the cases the
perpetrators have not yet been brought to justice. The Special Rapporteur
calls on the Governoeent to take all necessary measures to reduce the nunter of
deaths occurring in custody and to deploy every effort to ensure full respect
for international norms and principles prohibiting any form of cruel, inhuman,
or degrading treatment. He also urges the Government to provide adequate
compensation to the families of the victims of violations of the right to
life.
Burkina Faso
Information received and conr unications sent
79. The Special Rapporteur's attention was drawn to the allegations that
Akou Agoudwo, Adi Bagnion, Kossi Gouniabou, Akandoba Kobora, Kgoissan Kibora
(or Ziou) and two other unidentified persons had been executed by menters of
the security forces on 5 or 6 March 1996. Over 100 people had been arrested
on 26 February 1995 in the village of Kaya, following an argument between two
villagers which degenerated. Menters of the armed forces were reportedly
deployed to assist the police and restore order in Kaya. One of the
unidentified persons is reported to have died in detention.
Follow—un
80. The Special Rapporteur also reminded the Government that no reply had
been received concerning the allegations transmitted in 1995. In addition, he
requested clarification concerning the executions of Akou Agoudwo,
Adi Bagnion, Kossi Gouniabou, Akandoba Kibora, Kgoissan Kibora and three other
unidentified persons, about whom the authorities had provided no explanation.
He can only strongly urge the Government to inform him of the efforts made by
the competent authorities to ensure that such acts do not recur, that their
perpetrators are brought to justice and that the victims' families are
compensated.
E/CN. 4/1997/60/Add. 1
page 20
Burundi
Information received and communications sent
81. The reports and allegations which the Special Rapporteur has received
in 1996 have caused him serious concern because of the renewed outbreak of
extrajudicial, summary or arbitrary executions in Burundi.
82. As in previous years, the Special Rapporteur received numerous
allegations of attacks on the right to life, in particular massacres or serial
killings. According to these reports, the majority of these flagrant
violations were attributable to elements of the Burundian army, while a fairly
large nunter of incidents and massacres were attributed to Hutu rebel groups
and Tutsi militias. According to the information brought to his attention,
the armed conflict had spread, by early March 1996, to most provinces of
Burundi, causing a large nurcber of victims and displaced persons. On
25 July 1996 alone, the date of the coup d' tat , soldiers reportedly shot
31 persons in the commune of Gih ta, province of Gitega.
83. The recent events in Zaire have caused further disturbances in the
provinces of Kayanza, Karuzi, Muramvya and Gitega, and violent clashes in
south—eastern Burundi between the Burundian army and rebel groups trying to
reach Tanzania. The widespread insecurity in Burundi is making especially
difficult the task of the humanitarian organizations attempting to bring
relief to the civilian population, who are the main victims of the conflict in
Burundi. The arrival of scores of thousands of returnees from Zaire has made
the precarious situation prevailing in Burundi even more critical.
84. A detailed analysis of the situation of human rights in Burundi is
contained in the reports of the Special Rapporteur on the human rights
situation in Burundi (A/51/459 and E/CN.4/1997/12 and Add.1) .
85. The Special Rapporteur addressed an urgent appeal to the authorities
after being informed of the forcible expulsion of 392 Burundian refugees in
Rwanda to the province of Cibitoke on 30 Septenter 1996 by soldiers of the
Rwandan Patriotic Army, at a time when numerous human rights violations had
been reported in that region. He sent a second urgent appeal for the right to
life and physical integrity of 89 persons sentenced to death by criminal
courts to be guaranteed. He sent the two urgent appeals jointly with the
Special Rapporteur on the human rights situation in Burundi (24 October 1996) .
86. On the occasion of the tragic death, on 4 June 1996, of three delegates
from the International Committee of the Red Cross (ICRC) following the
deliberate attack on their vehicle near the village of Mugina in the province
of Cibitoke, the Special Rapporteur, jointly with the Special Rapporteur on
the human rights situation in Burundi, addressed a letter, dated 7 June 1996,
to the President of the RepJilic and the Prime Minister expressing their
extreme disgust at that act, whose perpetrators have not been identified or
troubled to this day. On the same day, the two Special Rapporteurs addressed
a letter of condolence to the President of ICRC expressing their deep sympathy
with the families of the three delegates.
E/CN. 4/1997/60/Add.1
page 21
Communications received
87. On 20 and 24 June 1996, the President of the Republic and the Prime
Minister replied to the two Special Rapporteurs, deploring this incident and
informing them that they had recorcoeended and demanded a neutral inquiry to
identify the perpetrators.
Observations
88. The Special Rapporteur regrets that he has not so far received any
comment in response to his report on his mission to Burundi in April 1995
(E/CN.4/1996/4/Add.1) . He is extremely concerned at the deterioration in the
human rights situation in this country, and in particular at the massacres of
civilians, including women, children and elderly people, which have shown
little sign of declining since the coup d' tat of 25 July 1996.
89. Being fully aware of the implications of the situation in Burundi for
the Great Lakes region, the Special Rapporteur strongly recorcoeends that the
three Special Rapporteurs monitoring the human rights situation in Burundi,
Rwanda and Zaire should energetically pursue their efforts to devise an
integrated approach to the common problems confronting the three countries.
C arcb odi a
Information received and communications sent
90. According to the various reports which have been submitted to the
Special Rapporteur, a climate of impunity is strongly entrenched in Carifiodia.
According to the information received, when perpetrators of human rights
violations are prosecuted, they are given acquittals which are to say the
least, suspect. For a thorough analysis of the human rights situation in
Carifiodia, the Special Rapporteur would refer to the report of Mr. Harcoearberg,
Special Representative of the Secretary—General for human rights in Carifiodia
(E/CN.4/1997/85) .
91. The Special Rapporteur addressed an urgent appeal to the Government
on 15 February 1996, requesting the authorities to take the necessary measures
to guarantee the protection of Christine Alfsen-Norodom, a United Nations
staff mer er, and her three children. Christine Alfsen—Norodom reportedly
received death threats on 12 February 1996 aimed at preventing her from
attending the trial of her husband, Prince Norodom Sirivudh, who had been
charged with conspiracy to assassinate the Deputy Prime Minister.
92. The Special Rapporteur also corcoeunicated to the Government allegations
he had received concerning extrajudicial executions of the following persons:
Thun Bun Ly, killed on 18 May 1996 in Phnom Pen. He had reportedly been
arrested earlier for having pJilished an article deemed to be defamatory in
the 30-31 October 1994 edition of Oddomkete Khmer ; Chhoern Korn, Oeurng
Chhoeurb and Chourn Chhang, all three killed for having established contacts
E/CN. 4/1997/60/Add. 1
page 22
with the National Army of Demooratic Kampuchea; Rueng Tahn, a young mentally
disabled man suffering from speech problems, who was shot by a militiaman in a
village in the province of Battar ang in April 1995; Klaeng Chhiep, killed by
the Deputy Prefect and seven mercbers of the local militia in the village of
Voat Chaeng.
Follow—un
93. In a letter addressed to the Governoeent, the Special Rapporteur
expressed concern at the failure to respond to the urgent appeal relating to
Christine Alfsen-Norodom, and reminded the Government that no reply had yet
been received concerning the allegations he had transmitted in 1995.
Observations
94. The Special Rapporteur regrets that, at the time this report was
finalized, he had received no reply from the Government. He requests the
authorities to make impartial and exhaustive inquiries into the allegations of
violations of the right to life, to identify those believed to be responsible
and bring them to justice, to pay adequate compensation to the victims or
their families, and to take the necessary measures to prevent any recurrence
of such violations.
Chile
95. The Special Rapporteur transmitted a follow—up letter reminding the
Government of Chile that no reply had so far been received concerning the case
of Nelson Riquelme Albornoz, a 16—year—old student who died in 1995 in the
course of a demonstration corcoeemorating the military coup of
11 Septer er 1973.
96. In the same corcoeunication, the Special Rapporteur referred to additional
information received from the source about the case of Carmelo Soria, a staff
mercber of the United Nations Latin Aoeerican Centre for Demography, who was
killed in 1976 by agents from the Directorate of National Intelligence (DINA),
subordinate to the Government of General Pinochet. According to that
information the Supreme Court judge had decided to dismiss the case on the
grounds that the accused were covered by the amnesty law adopted by the
military regime itself. The Special Rapporteur requested the Governoeent to
inform it of any developments in this case.
97. In a letter of 29 October 1996, the Government of Chile provided
information on judicial proceedings to date in the Carmelo Soria case,
transmitting a copy of the decision of the Supreme Court of Justice, which
dismissed the proceedings pursuant to the Decree—Law on Amnesty. The
Government informed the Special Rapporteur that on 4 June 1996 the examining
judge had ordered a general dismissal of the proceedings under the Amnesty Act
(No. 2,191) of 1978. On 7 and 11 June 1996, the complainant lodged an appeal
with the Second Division of the Supreme Criminal Court against the decision,
and an action of unconstitutionality in respect of the Decree—Law on Awiesty
with the plenary Supreme Court. On 23 August 1996 the Supreme Court confirmed
the decision handed do n by the court of first instance.
E/CN. 4/1997/60/Add.1
page 23
98. The Governoeent further informed the Special Rapporteur that judicial
proceedings relating to the Nelson Riquelme Albornoz case were under way in
the Eleventh Criminal Court in San Miguel. The Government informed him that
it deeply regretted the boy's death and that it would use every means within
its power to clarify the circumstances of the death and to bring those
responsible to justice (1 Nover er 1996) .
Observations
99. The Special Rapporteur is grateful for the replies provided by the
Government of Chile and its demonstrated will to cooperate with his mandate.
He expresses his deep concern at the application of the Amnesty Act of 1978
adopted by the military regime and considers that the application of that Act
encourages impunity, being contrary to the spirit of the international human
rights instruments. He regrets that the Amnesty Act should have been applied
in 1996, thereby ensuring total impunity for the perpetrators of violations of
the right to life. He hopes that all necessary measures will be taken to
grant redress to the victims' families.
China
Information received and communications sent
100. As in previous years the Special Rapporteur received numerous reports on
the extensive use of the death penalty in China. Various sources made special
reference to a nationwide anti—crime campaign, launched on 28 April 1996,
which reportedly resulted in the execution of at least a thousand people.
101. The anti—crime campaign reportedly focused primarily on criminal gangs
and on crimes such as murder and robbery and led to a nurcber of executions
unprecedented since 1983, when a similar nationwide anti—crime campaign had
reportedly resulted in thousands of executions in less than three months.
According to the information received, the media were fully mobilized to
publicize arrests and executions on a daily basis and to exhort local leaders,
the police and the judiciary to punish wswiftly and severely” offenders
targeted in the campaign. The vast majority of those sentenced to death in
the campaign were reportedly executed ircoeediately after summary trials.
102. It has been further alleged that the nunter of crimes for which the
death penalty can be imposed has increased from 21 under the 1980 Criminal
Law, to 68 now, ercJiracing many non—violent crimes.
103. According to the information received, trials resulting in the
imposition of a death sentence continue to fall short of internationally
recognized fair trial standards. In the Chinese legal system there is
reportedly no presumption of innocence and the burden of proof is said to be
on the accused. Further, it was reported that the determination of guilt is
usually not decided by the court but by authorities subject to political
interference. It was also brought to the attention of the Special Rapporteur
that the defendants' right to counsel is not observed until a few days before
trial and that defendants are not given prior notice of the date of trial and
consequently may not have timely access to a lawyer. Moreover, witnesses are
reportedly not allowed to give evidence in court. Finally, it was alleged
E/CN. 4/1997/60/Add. 1
page 24
that lawyers have access only to a part of the file concerning defendants and
that they are barred from challenging the validity of charges against their
clients and can only call for mitigation of the sentence.
104. The Special Rapporteur sent an urgent appeal to the Government on behalf
of Wu Yidong, Wu Zhe, Wei Yongling and Wang Kaiyou after they were sentenced
to death for tax fraud on 18 April 1996 (29 April 1996) .
105. In addition the Special Rapporteur transmitted to the Chinese Government
allegations of violations of the right to life regarding the following
persons:
(a) Li Buchao, Li Fuhai, Si Junchao, Ma Zhenghe, Ma Zhiren, Meng
Chegcai, Li Zhidong, Yang Wejun, Ma Zhengfu, Jin Bao 3 nj, Song Wen and 259
unidentified individuals, reportedly executed after a mass sentencing rally
against drug related crimes on 30 June 1995. According to the source, both
the lower and the higher courts were present at the rally in order to issue
and approve sentences expeditiously;
(b) Lin Huixiong, Lin Yiukuan, Qui Guibiao, Lin Yi, Muo Qianguang,
Muo Qianzuo, Lin Huxiong, Mo Ganguang, Lin Youkuan, Qu Guibao, Lin Yi,
Huang Qianggui and Mo Ganzuo, all of whom were reportedly sentenced to death
for forgery, tax fraud or other economic crimes on 15 June 1995;
(c) Tian Zhijia, Tian Zhiguan and Zhao Lian, reportedly sentenced to
death for robbing a car loaded with bank notes. The three were allegedly
executed on 31 May 1996, seven days after their arrest;
(d) Bulu Kuano, Ulu Kian, Cao Jian, and Yan Jiao, reportedly found
guilty of killing protected species and of smuggling ivory;
(e) Sangye Tenphel, a monk, who allegedly died in custody on
6 May 1996 as a result of beatings by prison guards, and Kelsang Thutop, also
a monk, who reportedly died in prison on 5 July 1996 because of insufficient
medical treatment. Both monks were held in Drapchi prison.
Conr unications received
106. The Government informed the Special Rapporteur that the Chinese Criminal
Law provides that the death penalty shall only be applied to criminals who
have coinxJtted the most heinous crimes. The Government also informed the
Special Rapporteur that the Chinese Criminal Procedure Law provides for a
special review of death sentences by the Supreme Peoples' Court. The same law
also states that the accused has the right to legal defence and that the bill
of prosecution shall be delivered to the defendant no later than seven days
before the opening of the court session, apprising him of the charges against
him.
107. Regarding Wang Jianye, who was reportedly extradited from Thailand, the
Government stated that this was not a case of extradition, but rather of
expulsion by Thailand. According to the Government, contrary to allegations,
no corcoeitment regarding his punishment was made. Wang Jianye was sJiseguently
E/CN. 4/1997/60/Add.1
page 25
sentenced tc death fcr bribery and ercbezzlement, crimes which the Government
considers especially serious. The Government also replied that he had been
given enough time to prepare his defence (4 March 1996) .
108. Regarding the case of Luo Guohong, who was reportedly also sentenced to
death for ercbezzlement, the Government informed the Special Rapporteur that
the High People's Court of Guangdong had overturned the judgement of the lower
court, found Luo Guohong guilty of ercbezzlement and sentenced him to 15 years'
imprisonment with deprivation of political rights for 5 years (27 May 1996) .
109. In addition, the Government provided a detailed reply to the follow-up
letter sent by the Special Rapporteur on 22 August 1995. Regarding the
Quiandao Lake incident the Government inter alia responded that the trial had
lasted days, contrary to the alleged duration of two hours, and that the
alleged removal of bullets had never happened. Regarding the alleged refusal
to allow photographs to be taken of the bodies and the boat, the Government
stated that it had not been permitted to take photographs as long the causes
of the fire and the deaths of the victims were under investigation. The
Government also stated that, contrary to allegations, a detailed transcript of
the inspection of the side had been made available to the court during the
public trial and that autopsies were carried out in accordance with the law.
In the same corcoeunication, the Government responded to the concerns of the
Special Rapporteur in regard to capital punishment in China. In this
connection the Government informed the Special Rapporteur inter alia that
China retained the death penalty for a small nurcber of criminals who corcoeitted
crimes seriously endangering the social order and that in no cases were
sentences decided in advance of trials. Further, the Government denied the
allegations concerning the removal of bodily organs of executed prisoners
(27 May 1996) .
Follow—un
110. The Special Rapporteur reminded the Government of several corcoeunications
transmitted during 1995 to which no replies had yet been received. Moreover,
the Special Rapporteur reiterated his interest in visiting China.
Follow—un on request for mission
111. In view of the allegations received, the Special Rapporteur, in a letter
dated 28 August 1996, brought to the attention of the Government that previous
requests for a mission to China, as expressed in letters to the Government
dated 29 July 1993, 22 Septer er 1993 and 22 August 1995 remained unanswered.
In the same corcoeunication, the Special Rapporteur requested the Government
kindly to inform him whether a mission could take place before February 1997
and he proposed a meeting with the Permanent Representative of the People's
Republic of China to discuss this matter, as well as other issues concerning
his mandate.
E/CN. 4/1997/60/Add. 1
page 26
112. The Special Rapporteur had a productive meeting with the representatives
of the People's Republic of China on 30 Septercber 1996, in which it was
indicated that the Special Rapporteurs's request for a visit would be
considered after the completion of a visit by the High Corcoeissioner for Human
Rights and by another mechanism of the Corcoeission of Human Rights.
Observations
113. The Special Rapporteur wishes to thank the Government of China for its
detailed replies to conr unications transmitted to it. He hopes that the
dialogue initiated with the Government regarding a visit to China will
continue and that such a visit will eventually take place in a reasonable
period of time.
114. In paragraph 1 of the safeguards guaranteeing protection of the rights
of those facing the death penalty, approved by the Economic and Social Council
in its resolution 1984/50, it is stated that the scope of crimes subject to
the death penalty should not go beyond intentional crimes with lethal or other
extremely grave consequences. The Special Rapporteur therefore wishes to
reiterate his conclusion (see E/CN.4/1996/4, para. 556) that the death penalty
should be eliminated for economic and drug—related crimes. He also reiterates
his distress over the reportedly increased nurcber of executions, especially in
connection with the above—mentioned anti—crime campaign. Further, the
Special Rapporteur considers that the death penalty is not an appropriate tool
to fight the growing crime rate in China. Moreover, he opposes pJilic
executions as a means of public education.
C 01 Orcb i a
Information received and conr unications sent
115. The information received by the Special Rapporteur shows that violations
of the right to life are continuing to occur on a large scale and that there
are no indications that an improvement is foreseeable in the short term.
Mercbers of the army, paramilitary groups, the police and, to a lesser extent,
guerrilla groups are reported to have been responsible for a large nur er of
violations of the right to life. In this regard, claims that there is a clear
relationship between paramilitary groups and the armed forces have continued
to be received. Links between them are said to have been observed
specifically in the context of counter—insurgency operations, where the armed
forces and paramilitary elements have reportedly acted together. Landowners,
local politicians, major industrialists and drug traffickers would appear to
be giving financial backing to these paramilitary groups.
116. The Special Rapporteur's attention was drawn to the publication in
February 1995 of a document entitled wFirst Surcoeit of Colorifiian Self—defence
Forces”, adopted at a meeting held in Urab by various paramilitary groups.
The document was said, inter alia , to have criticized the functioning of the
armed forces and counter—insurgency tactics. It also apparently referred to
the birth, establishment, development and training of paramilitary groups and
their connections with the army and the police. It was stated that these
E/CN. 4/1997/60/Add.1
page 27
groups had been set up basically to corcbat subversion and that left-wing
political and trade union leaders would continue to be treated as military
targets.
117. According to information provided to the Special Rapporteur,
paramilitary groups had made threats against trade union and conr unity
leaders, human rights activists and mercbers of the judiciary. The risks
facing human rights defenders are believed to have prompted several
organizations to suspend their activities. Mer ers of the Movimiento de
Integraci6n Civico Comunal de Pailitas and the Comit Civico de Derechos
Humanos del Meta were apparently continuing to be harassed and there were
reports of attempts to kill some of their mer ers. The most recent victim was
said to have been Josu Giraldo, President of the Comit Civico de los
Derechos Humanos del Meta, who was killed by paramilitary forces in
October 1996.
118. The Special Rapporteur was also informed that a bill to strengthen the
powers of the armed forces was under discussion. According to this
information, the effect of the bill would be, inter alia , to prevent the
Procurator's Office ( Procuraduria ) from intervening in the military sphere, to
revoke the right to institute proceedings for protection ( tutela ) against
mercbers of the forces of law and order, and to allow individuals to be
arrested and held in detention for seven days on mere suspicion of having
conr itted a pJilic order offence.
119. In addition, reports indicating that the phenomenon of impunity remains
alarming in Colorifiia continued to be received. The Special Rapporteur was
informed that, according to the Administrative Department for National
Planning, only 3 per cent of the offences reported in Colorifiia result in
convictions. The fact that people may on some occasions have been killed for
taking legal action in cases of human rights violations and the consequent
fear of reprisals deter victims of violations and witnesses from going to
court.
120. Furthermore, according to information received, the President of
Colon ia has expressed his wish that a bill should in future be sJ mitted to
Congress to allow the reintroduction of the death penalty, which would be
applicable to crimes such as abduction, massacres and killings of defenceless
persons.
121. In the course of 1996, as in previous years, the Special Rapporteur
received a large nunter of conr unications. Owing to the shortage of human and
material resources available to him, the conr unications received could not all
be analysed. It has also been impossible to provide appropriate follow—up for
all the cases of violations of the right to life reported in 1996 and in
previous years. During the period under review, the Special Rapporteur
transmitted 21 urgent appeals to the Government. In addition, during the same
period he transmitted corcoeunications alleging violations of the right to life
of 152 named individuals and 14 unidentified persons. During this period he
acted on behalf of more than 16 women.
E/CN. 4/1997/60/Add. 1
page 28
122. Thus, the Special Rapporteur requested the Government of Colorifiia to
take the necessary measures to protect the physical integrity and right to
life of the following persons, who had received death threats from mer ers of
the security forces and paramilitary groups, except where otherwise stated:
(a) Human rights activists:
(i) Josu Giraldo Cardona, President of the Comit Civico por
los Derechos Humanos del Meta, and Islena Rey, a mer er of
the same association. The Special Rapporteur had, on
22 March and 17 October 1995, already sent other urgent
appeals on behalf of Josu Giraldo Cardona and other mer ers
of the Comit Civico por los Derechos Humanos del Meta on
account of the continued threats received. The Special
Rapporteur expressed his regret on being notified of the
killing of Josu Giraldo Cardona in Villavicencio, on
13 October 1996 by paramilitary personnel (5 February 1996);
(ii) Alfonso Cassiani Herrera, a university student and mer er of
the Proceso de Comunidades Negras organization, and D maso
Salgado Reyes, who had received death threats for reporting
the disappearance of their friend Alonso Corrales Hern ndez,
a ColorcJiian Conr unist Party youth leader, who disappeared on
15 January 1996 and was found dead nine days later in the
Caribbean Sea (13 February 1996);
(iii) Mercbers of the Movimiento de Integraci6n Civico Comunal de
Pailitas, after the killing of Auden Pinz6n in February 1996
in the town of Pailitas, department of C sar. The Special
Rapporteur had already sent an urgent appeal on
6 March 1995, expressing fear for the safety of the mercbers
of the movement after the killing of two of its mer ers,
Jairo Barahona Martinez and Ernesto Fern ndez Fezter
(15 February 1996) ;
(iv) Alberto Agudelo, after an attempt on his life in the
municipality of Onto, department of Putumayo. Alberto
Agudelo, who emerged from the attack unscathed, had
reportedly taken an active part in the establisboeent of
municipal human rights conr ittees in the department of
Putumayo, and had been a council representative of the
Movimiento Independiente de las Juntas de Acci6n Comunal
(27 March 1996);
(v) Gustavo Gall6n Giraldo, director of the ColorcJiian Conr ission
of Jurists, and the priest Javier Giraldo Moreno, director
of the Intercongregational Conr ission for Justice and Peace,
following the appearance in La Prensa newspaper of an
announcement by the Foundation for Human Duties accusing
them of advocating drug—trafficking, terrorism and
subversion. They were also accused of disclosing reports on
human rights violations and passing them to foreign
organizations in order to harm the armed forces and present
E/CN. 4/1997/60/Add.1
page 29
a favourable image of subversive groups. They were further
accused of submitting complaints to the United Nations
High Conr issioner for Human Rights and the Inter-American
CoinxJssion on Human Rights (24 April 1996) ;
(vi) Susana Bravo and other mercbers of the Carmen de Altrato
Human Rights Corcoeittee, after a death threat was received
from the paramilitary group Autodefensas Campesinas de
C6rdoba y Urab , accusing her of collaborating with the
guerrillas and telling them that they would be killed if
they did not leave the region (24 July 1996);
(b) Mer ers of political parties:
(i) Aida Abella, mer er of the Central Executive Conr ittee of
the ColorcJDian Conr unist Party and President of Uni6n
Patri6tica, after a failed attempt on her life, when armed
men presumed to be mer ers of a paramilitary group
reportedly fired a bazooka at the armour—plated vehicle in
which she was travelling on a highway in Bogot . The
Special Rapporteur had already sent an urgent appeal, on
12 August 1994, on behalf of Aida PJDella (9 May 1996);
(ii) Beatriz G6mez, Uni6n Patri6tica deputy for the department of
Aritioguia, after she received a death threat (6 June 1996) ;
(c) Trade unionists:
(i) Orlando Ocampo, mercber of the Uni6n Nacional de Trabajadores
Bancarios and mercber of the Confederaci6n Unitaria de
Trabajadores (5 February 1996) ;
(ii) Jos Villamil, health service employee and mercber of the
health workers' trade union (At4THOC) , Cauca section, after
he received a sufraQio or winvitation to his own funeral
while in the Solidaridad district of the city of Popay ,
Cauca (29 March 1996);
(iii) Jairo Alfonso Garcboa, a trade unionist, and other mercbers of
the Tit n S.A. workers' union, after he received a death
threat, in the union's offices, signed by the paramilitary
group known as ColorcJiia sin Guerrilla (COLSINGUE)
(3 June 1996) ;
(iv) Hernando Hern ndez, President of the Uni6n Sindical Obrera
(USO) , Danilo S nchez, mercber of the Executive Conr ittee,
and Jairo Calder6n, a leader of the union, as well as other
USO mer ers, after death threats were received at the
USO main office in Barrancabermeja, department of Santander,
from a paramilitary group known as wMuerte a los
Secuestradores” (MAS) (26 August 1996) ;
E/CN. 4/1997/60/Add. 1
page 30
(d) Inhabitants of the following to njs:
(i) Inhabitants of La Paz, municipality of Pailitas, after they
were threatened with death if they did not leave the area
(30 Nover er 1995) ;
(ii) Civilian population of Segovia and Remedios, after the
killing on 22 April 1996, by mercbers of a paramilitary
group, in the districts of La Paz, Tigrito and Borboll6n
(Segovia) , of Wilson Alejandro Loaiza, Octavio de JesCis
Garcia, aged 14, C sar Dario Valle, aged 16, Fabio Alonso
Loaiza, Omar Moreno, Carlos Montoya, Ricardo Ochoa Puerta,
Gabriel Jaramillo Palacio, JesCis Evelio P rez, Pedro Posada,
Le6n Dario Ospina, Carlos Zapata, NicoiAs Alvarez and
Carlos Arturo Agudelo (26 April 1996);
(iii) Inhabitants of the town of Segovia, after the attack on a
house near Santander park, in Segovia, which reportedly led
to the death of Leshe Elizabot Yali Giraldo, aged three
months, and Kenny Magiver Jim nez G6mez, aged six months.
According to the information received, a group of soldiers
from the Borcbon Battalion were reportedly seen patrolling
the park minutes before the explosion (26 Septercber 1996);
(e) Peasant leaders/displaced peasant families:
(i) Families on the Bellacruz estate, department of C sar,
evicted after a raid by 40 armed mer ers of a paramilitary
group from the land which they were said to have occupied
for 10 years. The displaced families were reportedly
threatened and warned that their lives would be at risk if
they returned to the estate or came within 100 kilometres of
it. According to the information received, the security
forces, although presumably aware that these incidents were
taking place, had failed to act. This urgent appeal was
transmitted jointly with Mr. Francis Deng, Representative of
the Secretary—General on the question of internally
displaced persons (27 March 1995) . A second urgent appeal
on their behalf was transmitted to the Government after the
killing in May 1996 of Jaime Laguna, one of the leaders of
the peasants displaced from the Bellacruz ranch, and Edinson
Donado, a peasant defending the rights of the displaced
families (13 May 1996) ;
(ii) Leaders of the peasants displaced from the Bellacruz ranch,
after the killing of Eliseo and Eder Narvaez, both peasant
leaders, on La Cabaf a estate, La Palaya. According to the
information received, the killing was motivated by their
activities in support of the families displaced from the
Bellacruz ranch (2 October 1996) ;
E/CN. 4/1997/60/Add.1
page 31
(e) Indigenous leaders:
(i) Milecio de la Cruz, SaCil Baltazar, Guillermo Carmona and
Roser er Clemente, mer ers of the management council of the
ZenCi indigenous conr unity of San Andr s de Satavento, after
they received death threats. Fear for their lives increased
after the killings of: Manuel Beltr n, a leader of the
indigenous reservation of San Andr s de Sotavento, Alejandro
Teher n, Secretary of the Main Council of San Andr s de
Sotavento, and Dagoberto Santero, Julio Santero and Carlos
Solano, leaders of the ZenCi indigenous corcoeunity
(19 June 1996) . A second urgent appeal on their behalf was
sent after the killing of SaCil Baltazar, regional director
of the Colon ian Indigenous Movement, in the to ship of
Carretal (24 July 1996) .
123. The Special Rapporteur also sent an urgent appeal on behalf of:
Margarita Arregoc s, after a death threat against her, signed by the COLSINGUE
paramilitary group, was received in the offices of the human rights advocate,
Reinaldo Villelba (1 March 1996); Jaime Hern ndez Diaz and Orlando Hern ndez,
oil workers in Barrancabermeja, department of Santander, after they had
received death threats from the MAS paramilitary group, accusing them of
collaborating with the guerrillas (12 March 1996) .
124. In addition, the Special Rapporteur transmitted to the Government
complaints concerning violations of the right to life of the following
persons:
(a) The following persons were reportedly killed by mer ers of the
army/individuals wearing army clothes:
(i) Minors: Rubiela Alvarez Leal, aged 13, and Ildo Dur n
Alvarez, aged 15, killed on the Brisas estate, in the
La Capilla district, by troops from the wLos guanes”
anti—guerrilla batallion No. 5, and said to be guerrillas of
the Claudia Isabel Escobar Jerez de la UCELN front; Nidia
Taconas Taguinas, an 11—year—old indigenous girl, killed
near La Playa district school, Toribio, Cauca, by military
personnel from the Codazzi Battalion, while she was playing
with her brothers;
(ii) Peasants: Jos Norbey Jule Cuicue, mercber of the
San Luis Arriba conr unity action board killed in El Jaguar
district; Jircoey Capera, killed by troops of anti—guerrilla
battalion 37, known as the wMacheteros del Cauca”, in the
El Progreso district; Ram6n Ricardo Avila, a peasant leader
and mer er of the Asociaci6n Municipal de Usuarios
Campesinos de Tame, killed in Puerto Nidia, department of
Arauca, by national army units from El Naranjito military
base; Rafael Pefiate Cabrales, aged 18, killed in Toluviejo;
Juan A ntonio Solano Su rez, a peasant, aged 22, killed in
Toli by several heavily armed individuals wearing military
clothes;
E/CN. 4/1997/60/Add. 1
page 32
(iii) Politicians: Carlos Eleno Bacca Rodriguez, San Martin town
councillor and Liberal Party activist, as well as Joel,
Ellacit and Ad d Bacca OEllez, his children, killed on
La Esperanza estate, El Barro district, Aguas Blancas
settlement, by mer ers of the Santander Battalion;
Obed Lemus, head of personnel in the mayor's office, killed
by mercbers of the Ayacucho Battalion, who reportedly shot
him as he was preparing to get into a vehicle to return to
his home in the San Juan settlement; Alfonso Beltr n
Chamorro, a mercber of the Movimiento Nueva Colorifiia and
ChaOEn town councillor, and his wife, Yermis Merlano, former
education secretary on the ChaOEn town council;
(iv) Others: Fulvio Tenorio, killed by marines; Pedro Carvajal
Sandoval, killed in Montebello by a patrol of the
Luciano d'Elhuyart Battalion, from San Vicente de Chucuri;
Marco Fidel Bonilla and Miguel David Vergara, killed in the
township of Monterrey, municipality of San Alberto, by
mercbers of Rogelio Correa Campos anti—guerrilla
battalion 27, Fifth Brigade; Reinaldo Amorocho, killed by
mercbers of the Guane Battalion, Fifth Brigade; Ricardo
Paredes Garcia, merchant and joint owner of the Caf
Bumagu s factory; Walter de JesCis Borja David, Camilo Solano
and Melguisedec Renteria Machadi, banana plantation workers,
killed on the road to Zungo landing-stage; Roberto Mont s
Vergara, killed in Caracoli; Elvia Regina Cuello, merchant
and corcoeunity leader, and Ezequiel Antonio Urang, killed in
the Pato settlement, town of Zaragoza, department of
Aritioquia; Deyerina Ramos Jaramillo, killed during a
military attack on the town of Puerto Trujillo;
12 unidentified persons, including Antonio Moreno, counsel
of the agricultural industry workers' union,
Manuel Ballesta, negotiator for the same trade union
organization, and 3 women, killed during a military attack
on El Bosque district. That district, created at the
request of Uni6n Patri6tica, was said to be inhabited by
600 peasant families from C6rdoba, Choco and the interior of
Antioquia, who had been displaced by counter-insurgency
operations; Fabio de JesCis G6mez Gil, welder and
electrician, killed in front of his house in the
12th October district;
(b) The following persons were reportedly killed by paramilitary
forces:
(i) Peasants: Juan D. Hern ndez, Jorge E. Paternina Roa,
Evangelista Urrego Ferreira, Milton Romero Churio,
Carlos M. Arriero and Edison Martinez, killed on
La Concordia estate; Maximiliano Prasca and Absal6n Ramirez,
killed in El Pedral, Puerto Wilches, Santander;
E/CN. 4/1997/60/Add.1
page 33
(ii) Mercbers of Uni6n Patri6tica: Manuel Herrera Sierra, former
candidate for the Coloso mayor's office, mercber of the
regional branch of the Conr unist Party and former Coloso
town councillor, killed on the Sincelejo road;
Edilberto Cuadrado, killed on the El Silencio communal road;
F lix Martinez, killed in El Porvenir district,
Villavicencio; Jos Vicente Prieto Pef uela, murdered in
Medellin del Ariari; Pedro Malag6n, Uni6n Patri6tica
Congressman, and his 17—year—old daughter Milena Malag6n,
killed near their home in Villavicencio, Meta;
Hip6lito Gonzflez, a leader of the Communist Party, killed
in Vereda Juntas, Puerto Valdivia, Valdivia (Aritioquia);
Francisco Morelo, Laureano L6pez Acosta, Luis Y pes,
Mirael Hern ndez and Jos L. Herrera, killed in the
Pueblo Galleta district, municipality of Turbo;
(iii) Politicians/conr unity leaders: Libardo Cruz, civic leader,
killed on the road to Guabido, El Placer municipal district;
Cesar Gonzflez, former mayor of ChaOEn, killed in the
neighbourhood of San Antonio de Palmito, Coloso area;
Manuel Romero Ballesteros, president of the Asociaci6n
Nacional de Ayuda Solidaria (At4DAS), killed in Carmen de
Bolivar; Jos M. Banquets, Vice—President of the Rodosalit
district Junta de Acci6n Comunal, and Jos M. Quif onez,
killed in the Rodosalit district, Nueva Antioquia, Turbo;
Milciades Cantillo Costa, a liberal politician killed on
highway 12, who had been a councillor and, at the time of
his death, was President of the Higher Council of the
Universidad Popular del C sar and a practising lawyer. He
had been appointed to defend five individuals accused of
fomenting rebellion. He was said to have previously
reported death threats against him;
(iv) Workers: Franciso Mosquera C6rdoba and Carlos Arroyo de
Arco, employees of the Dari n logging company in the Urab
region; Rafael Guti rrez and Dimas Piedrahitas, rural
workers tortured and murdered in the municipality of Turbo;
Alfonso Mantilla, driver for the Cootrasabana hauliers'
cooperative, and his son, Edinson Mantilla, a student,
killed on the road to Mata de PiAtano, Sabana de Torres;
Alfonso Zuleta, Jaime Puerta and Francisco Castrill6n,
shopkeepers, killed in the township of Cristales,
municipality of San Roque;
(v) Others: Alcibio Garnica Garcia, Victor M. Garnica Garcia,
Gabriel J. Salcedo Angarita, director of the San Alberto
conr unity action programme, Carlos J. S nchez L6pez, his
wife Carmelina Maldonado Ropero and an unidentified
individual, killed in the Casablanca district, La Pedregoza
settlement; JesCis A. Buitrago, a sportsman, killed in the
Nuevo Chile district, region of Bosca; Eugenio, Jorge and
Julio Salazar, killed in the township of Los Tendidos,
municipality of San Alberto, C sar; Adriano Portillo, Javier
E/CN. 4/1997/60/Add. 1
page 34
Contreras Bar6n and Alvaro Botello, killed in Norean,
municipality of Aguachica, C sar; Ramiro Merlano Diaz,
killed in the Don Gabriel settlement, ChaOEn; Gonzalo Villa,
killed in the town of Zaragoza in the municipality of
Caucasi, Aritioguia; Orlando Ocampo, Lisandro Oviedo, Luis
Heiner Mora, RaCil A. Usuga, Marlenny Borja, Gabriel Areiza,
A ntonio Zapata Borja, A. A n tonio Arenas, Nayibe Areiza
Beltr n, Willinton Restrepo SepCilveda and a 6—year—old boy,
killed in the Policarpa district of the town of Apartado,
Anitioguia; Marcelino Arango Alfaro and Gilberto Arbelaez
Jim nez, killed in the Bodega Central district, municipality
of Morales, department of Bolivar; Manuel Vides Pineda,
killed in San Benito Abad, Sucre; Guillermo and Alirio
Cardona Areiza, killed in the Barranguilla district;
Lilia Galv n Frias, Pedro Ruiz, Salvador Guti rrez and
Aniatolio Anigarita, killed on El Guamito estate, Guarumo
district, Barrancabermeja; Juan and Marco Tulio Bautista and
Jorge E. Zarcbrano, killed on an estate in La Betulia
district, Su rez; Jairo SepCilveda, killed in Ituango,
Anitioguia; Graciela Arboleda, William Villa Garc6a and
H ctor Correa Garcia, killed in San Martin, C sar;
Sim6n Luna Casillo, Vicente and Rangel Duarte Carvajalino,
killed at La Bocatoma, Aguachica; Cristian Orrego Velez,
Luis A. Espinoa, Coli Gonzalez Lopera and Eucaris Jaramillo,
Juan Bautista Baena, Dario Madrigal and Arcadio Valderrama,
killed at Port Valdivia, Antioguia, on 1 April 1996 at
about 4 a.m.;
(c) The following persons were killed by mer ers of the Autodefensas
Campesinas: Pedro Pablo Vera Parra, Leonidas Tapiero Bricef o, Jos Aldemar
Delgado Castillo, Celestino Benavides and Maria del Carmen Quif onez Prince,
killed on the Tokio estate, Los Tendidos district, La Llana settlement;
Guillermo Barrera Henao, Francisco J. Taborda and Alvaro V sguez, killed in
El Siete conr unity, municipality of El Carmen del Atrato; Henry Alfonso
Figueroa, killed in Dabeia, Antioguia; Bernardo Martinez Echavarria, killed in
La Pedrala district, Andes, Antioguia.
(d) Mer ers of the police reportedly killed the following persons:
(i) Minors: Hugo Aldemar Manrigue, aged 17, Juan Carlos Gir6n
Hurtado (alias Juancito) , aged 18, and Rodolfo Cetre Angola
(alias Carlitos) , aged 16, found half naked with their hands
bound, with signs of torture and half burnt in La Viga area
close to the Boca Juniors sports club; Fredy Francisco
Arboleda, aged 17, and his father, Silfredy Arboleda,
arrested and killed near Aguaclara, 10 km from Tumaco;
Carlos Armando Diaz Trarapuez, aged 20, and a 15—year—old
boy (name unknown) killed during clashes with the police at
Yurcbo, Valle, in a demonstration of protest against the
suspension of payment of social benefits;
E/CN. 4/1997/60/Add.1
page 35
(ii) Peasants: Carlos Arrigui, President of the Asociaci6n
Departamental de Usuarios Campesinos de Casanare, and
Gabriel Asencio, killed in the town of Yopal, department of
Casanare;
(iii) Others: K, a pauper, killed in Bogot on Caracas Avenue
between 16th and 17th Streets by an officer from No. 3
police station, who shot him during an operation in the
area; Orencio A ntonio Ortiz Viana, a carpenter, killed in
the Caracoli settlement, Malarcbo region; Manuel Castillo
Ruiseco, a political activist and businessman, killed in the
Perseverancia district of Bogot , shortly after being
arrested; Alejandro Londono and Fabio Reyes, employees of
the INTEREC company, killed in Santaf de Bogot ;
(e) The following person is said to have been killed for reporting
human rights violations: Jos Vicente Rueda, a peasant arrested by a corifiined
military and paramilitary patrol in the Danto Bajo district. He was
reportedly killed a day later, after complaining of the humiliating treatment
he had received to the Barrancabermeja orcbudsman's office.
125. In addition, the Special Rapporteur transmitted the case of
Jairo Gar oa, a Colorifiian fisherman reportedly killed by mer ers of the
Venezuelan National Guard on the Arauca river, in the area of Puerto
Contreras, Saravena, Arauca. This matter was also transmitted to the
Venezuelan authorities.
126. The Special Rapporteur also transmitted complaints concerning the death
of Alvaro G6mez Hurtado, editor of the Nuevo SiQlo newspaper, who was killed
on 2 Novercber 1995 in the north of Bogot as he was leaving the university at
which he gave law classes. Responsibility for the killing was reportedly
claimed by the so—called Movimiento por la Dignidad de ColorcJiia. The victim
is said to have been a candidate for the office of President of the Republic
on three occasions.
Conr unications received
127. The Special Rapporteur received a large nur er of replies from the
Government of Colorifiia (11 Decercber 1995, and 16 January, 21 February,
2 April, 12 April, 28 May, 7 June, 21 August, 19 Septercber, 29 October and
1 Nover er 1996) regarding complaints he had transmitted; these reflect the
Government's desire to cooperate with the Special Rapporteur in the discharge
of his mandate. The Government also supplied more general information.
128. By a note verbale dated 6 February 1996, the Government transmitted a
report which made detailed reference to the governoeental measures carried out
to comply with the recorcoeendations of the United Nations thematic rapporteurs
and working groups.
E/CN. 4/1997/60/Add. 1
page 36
129. In this connection, the Government informed the Special Rapporteur,
inter alia , that:
(a) A bill had been submitted for consideration by Congress expressly
authorizing the Government to pay compensation resulting from decisions taken
by intergovernmental bodies, in view of the legal difficulties that had arisen
on a nurcber of occasions;
(b) A wDevelopment Plan for the Justice System”, which would provide
for heavy investment in that field, had been instituted;
(c) The Statutory Act on the Administration of Justice, whose review
was due to be completed by the Constitutional Court, introduced various
changes in the system, inter alia , limiting the use of secret witnesses and
prosecutors ( fiscales ) ;
(d) The implementation of a witness protection programme had been
initiated;
(e) A commission had been appointed to prepare a draft military penal
code and code of penal procedure;
(f) A programme to cor at the so—called wsocial cleansing” killings
was being formulated.
130. In addition, the Government provided information about the
investigations initiated and/or judicial proceedings conducted in respect of
the following cases: D maso A ntonio G6mez Ruiz; Gilberto de JesCis and
Miguel Angel Cano V lez; Javier del Carmen Anigarita Claro and Daniel Barboza
Amaya; Eduardo Rodriguez Medina; Marco Aurelio P rez Castrill6n; Jos Elias
Su rez; Carlos Gustavo Anzola Delgado; Nelson and Carlos Alfonso Albino
Quecho; Aura Vasco Restrepo and Arguimides Salas Vasco; Amparo Viela;
Constantino Carrillo, Germ n Enrigue Rol6n Garcia, Orlando Mora Bautista,
Carlos Jos Navarro Torrado and Daniel Rodriguez Lasso; Lusbin Tob6n Pinto;
Jairo Alberto Llano Y pes and Sergio Bolaf os; Alvaro Diaz; Leonardo Salazar
Portilla, Juan Gustavo Zuluaga, Aldemar Rodriguez Carvajar, Carmen Elisa
Pereira, Carlos Arturo Ramos Minota and William Javier Almario Alvarez;
Maria Magdalena Rodriguez; Yesid Bocanegra Martinez, Omar Mendoza,
Yesid Ducuara Villab6n, Julio Cadena Ducuara, Nelson Moreno Ducuara,
Julio Cenen Rodriguez Quif onez, Edgar Leyton and Luis Alberto Morales Malarcbo;
Guillermo Mann, Manuel Serafin Guerrero, Isidro Mercado Jim nez,
Benjamin Santos and Laureano Ifiampue; Benjamin Santos; Lorgio Antonio Garcia
Trillos; Alexir Orozco Hern ndez; Miguel Eduardo Rodriguez Medina;
Omar Quintero Lozano and Germ n Garcia Vergara; Henry Hurcberto Molina Giraldo;
Aria Julia Becerra, Alejandro Bernal, Maurizio Carvajal, Iv n Ferreira,
Yuly Gonzflez, Jos Junco Hern ndez, Doris Jurado, Alvaro Pulido,
Edgar Rodriguez; JesCis Daniel Lascarro Madera; Roberto Ruiz and Querubin
Quintero Ramos; Nelson Fernando Lorcbana; Estin Payares Arrieta; Jos Vicente
Rueda; Herson Javier Caro; Eduardo Ramirez Pinto; Maria Anitonia Castaflo
Galvias and Maria Isabelina Giraldo; Francisco Sierra Benitez; Franklin G6mez
Arrieta; JesCis Daniel Lascarro Madera; Orlando de JesCis Durango; JesCis Antonio
Velandia Miranda and Miguel Acosta Torres; Eduardo Ramirez Pinto; Gustavo
Hurcberto Marroguin Iglesias; Abraham Alvarado; Edwin Castillo Pif a;
E/CN. 4/1997/60/Add.1
page 37
Jairo Barahona Martinez and Ernesto Fern ndez Fezter; Enrique Buendia and
Ricardo Gonzflez; Rodrigo Montes; Martin Parroquieno CJiidas; Riofrio
massacre; Obed Lemus; Jircoey Capera; Adriano Portillo, Javier Contreras Bar6n
and Alvaro Botella; Marco Fidel Bonilla and Miguel David Vergara; Pedro Pablo
Vera Parra, Leonidas Tapicero Bricef o, Jos Aldemar Delgado Castillo,
Celestino Benavides, and Maria del Carmen Quif ones Prince; JesCis Romero,
Jhon Hoymar, Beltr n Galv n, Libardo Montalvo P rez, Miguel Angel C ceres
Padilla, Fernando L6pez, Giovanny Guzm n and Lorenzo Padilla; Antonio J 05
Caldera, Juan Diniro Hern ndez, Jorge Paternina Roa, Evangelista Urrego
Ferreira, Milton Romero Churio, Carlos Manuel Arriero, and Edison Martinez;
Carlos Eleno Bacca Rodriguez, Joel Bacca Telez, Ellacit Bacca Tellez and
Ad d Bacca Telez; Milciades Cantillo Costa; Manuel Beltr n, Alejandro Teher n,
Dagoberto Centeno, Julio Centeno, Carlos Lozano and SaCil Baltazar Santero; and
Jos Villamil.
131. Concerning the case of Javier Alberto Barriga Vergel, the Government
stated that investigations were under way and that the Regional Prosecutor's
Office was in charge of the case, as the lawyer's death was being treated as a
homicide conr itted for terrorist ends. In addition, with regard to the case
of one unidentified pauper, the Government stated that the person in question
was Jos Eugenio G6mez Ojeda, aged 25 or 30. The investigation of this case
was entrusted to the Military Criminal Court.
132. The Government of Colorifiia also informed the Special Rapporteur that,
although investigations had been initiated, it had proved impossible to
identify or determine the perpetrators in the cases of: Alejandro Sibaja
Estrada, Gabriel Angel Ramos Enamorado, Abel and Ninfa Patrana Vasquez;
Misael Bocanegra Malar o; Oscar Antonio Palmett Schmalbach; Luis Emilio Mejia
Su rez; Estin Enrique Payares Arrieta; Francisco Sierra Benitez; Gabriel Jaime
Ortiz; Jaime Pic6n Torres and David Reyes Castro; Marco Aurelio P rez
Castrill6n; Blanca Cecilia Jim nez Contreras; Rodrigo de JesCis Florez;
Eugenio, Jorge and Julio Salazar; and Luis Fernando Carrillo Villegas.
Regarding the death in custody, at Bucaramanga Model Prison, of Jorge Eli
Camargo Molina, the Government informed the Special Rapporteur that it had not
been possible to identify or individualize the perpetrators or to ascertain
whether or not an offence had been corcoeitted.
133. Investigations were also said to have been initiated but later suspended
owing to failure to determine those responsible in the cases of: SaCil Parra
Garcia; Ramiro Valenzuela SepCilveda; RJiel Gonzflez; and Roque Jacinto Arrieta
Martinez. Investigations in the case of Luis Erasmo Acosta Robayo were also
suspended and the order had been given to file the case provisionally. With
regard to the cases of Laudwin Tarazona Gallardo, Daniel Gallardo Jaimes and
JesCis E. Castellanos Herrera, the Government stated that the proceedings had
been annulled following the closure of the investigation on 17 April 1995.
134. The Government also provided details about the security measures taken
in respect of the following persons who had received death threats: mer ers
of the Comit Civico de Derechos Humanos del Meta, Alio F lix, Josu Giraldo,
Teresa Mosquera, Islena Rey, Hna Nohemy Palencia, Monsignor Alfonso Cabezas
E/CN. 4/1997/60/Add. 1
page 38
and Gonzalo Zarate; Yanette Bautista and Gloria Galindez; bank employees
belonging to the Uni6n Nacional de Empleados Bancarios, and specifically
Rafael Tobias Pefia; mercbers of the ZenCi indigenous corcoeunity of San Andr s de
Sotavento, and described the arrangements made for their protection; civilian
population of Segovia and Remedios.
135. In addition, the Governoeent transmitted a copy of the formal agreement
drawn up by the representatives of the National Government and peasants
displaced from the Bellacruz ranch.
Follow—un
136. The Special Rapporteur sent a follow—up letter to the Government of
Colorifiia requesting additional information about some of the cases submitted
to the Government. In the letter the Special Rapporteur noted that, while it
was encouraging that in most of the replies sent by the Governoeent it was
clear that the authorities had initiated investigations into the alleged
violations of the right to life, it was a cause for concern that it had not
been possible to identify those responsible in the majority of cases. The
Special Rapporteur also expressed his concern at the fact that, owing to the
failure to determine responsibility for some crimes, the investigations had
been suspended or the cases had been temporarily filed.
137. The Special Rapporteur also requested further details about a nunter of
cases transmitted in previous years, inter alia , those of: Jorge Eli Camargo
Molina, killed at Bucaramanga Model Prison in October 1994; Orlando de
JesCis Durango, allegedly killed by a police officer; the prosecutor Martin
Parroquiano CJiidas; and the lawyer Javier Alberto Barriga Vergel.
Follow—un of the recorcoeendations made by the Special Ra iniorteur on
extrajudicial. suoemary or arbitrary executions and the Special
Ra orteur on the question of torture after their visit to Colorifiia
in October 1994
138. On 29 October 1996, the Special Rapporteur, together with the Special
Rapporteur on the question of torture, sent a letter to the Governoeent of
Colorifiia requesting information about measures taken by the authorities during
1996, in conformity with the recorcoeendations made by the Rapporteurs in their
report on their visit to the country in October 1994, to contribute to
improving the situation concerning the right to life and physical integrity in
Colorifiia. The two Rapporteurs asked, inter alia :
(a) Whether the draft reform of the Military Penal Code and Code of
Penal Procedure had been submitted to Congress for consideration and whether
any position had been taken with regard to the existing points of disagreement
within the conr ission appointed to prepare the draft;
(b) Whether the review of the Statutory Act on the Administration of
Justice had been completed by the Constitutional Court and what final changes
had been made to that Act concerning the regional justice system;
(c) What steps had been taken to establish a mechanism that would
contribute to providing justice for the past;
E/CN. 4/1997/60/Add.1
page 39
(d) What measures had been taken to dismantle the paramilitary groups;
(e) Whether the bill authorizing the Government to pay compensation as
a result of decisions taken by intergovernmental bodies had been passed and
what provision had been made for the payment of compensation;
(fl Whether the witness protection programme was functioning and
whether greater resources had been allocated to it;
(g) Whether the system of special prosecutors assigned to military
units was still functioning.
Observations
139. The Special Rapporteur is deeply concerned at the massive nur er of
allegations continuing to be brought to his attention and considers that this
highlights the fact that the situation regarding the right to life in Colon ia
cannot continue to be examined solely under a thematic mandate, but warrants
the establishment of an ad hoc mechanism. In this connection, the Special
Rapporteur welcomes the signing on 29 Noventer 1996, by the United Nations
High Commissioner for Human Rights and the Government of Colorifiia, of an
agreement on the establisboeent of an office of the High Commissioner in
Colorifiia. The Special Rapporteur hopes that this office will be able to
respond to the human rights situation in Colon ia and contribute to preventing
extrajudicial, summary or arbitrary executions, and also the impunity which
allows such executions to continue, in particular through the application of
the recommendations made in the joint report prepared by the Special
Rapporteur on extrajudicial, summary or arbitrary executions and the Special
Rapporteur on the question of torture after their visit to the country in
October 1994 (see E/CN.4/1995/111) . It would be desirable for the Commission
to continue to examine the matter with a view to evaluating the effectiveness
of the new office at its fifty—fourth session.
140. At the same time, the Special Rapporteur wishes to express his
appreciation to the Government of Colorifiia for the large nunter of replies it
has provided and regrets that, owing to a shortage of human and material
resources available to him, it has not been possible to undertake appropriate
follow—up of those replies.
Comoros
141. The Special Rapporteur sent an urgent appeal to the Government
requesting the authorities to ensure respect for the right to life of
Mr. Rodin, Mr. Mohamed Sahali, Mr. Ali Machallac and another, unidentified
person, who were reportedly sentenced, on 20 Septe n ter 1996 at Moroni, to be
executed by firing squad after being found guilty of armed robbery. According
to the information received, fears for their lives have been confirmed by the
execution of Ali Youssouf, who was sentenced and executed on the basis of the
same charges after a trial reportedly not conducted in conformity with
international standards concerning the right to a fair trial: he is said to
E/CN. 4/1997/60/Add. 1
page 40
have been denied the right to apply to a court of appeal on the ground that,
as no judges had been appointed by the National Assercbly, the Court of
Cassation was not operational. No reply had been received from the Government
at the time this report was finalized.
Costa Rica
Information received and conr unications sent
142. The Special Rapporteur transmitted an urgent appeal to the Government of
Costa Rica on behalf of Reina Zelaya and her three daughters, Mary iri Zelaya
Gonzflez, Setephania Caballero Zelaya and Cynthia Caballero Zelaya, of
Honduran nationality who left Honduras in February 1996 after receiving death
threats and settled in Heredia, Costa Rica, where they were granted political
asylum. According to information transmitted to the Special Rapporteur,
during their stay in Costa Rica they have been subjected to harassment and
threats, allegedly by mer ers of the Honduran security forces. The threats
are allegedly related to the testimony given by Florencio Caballero, the
father of two of Reina Zelaya's daughters and former mer er of Honduran
Military Intelligence Battalion 3—16, who reportedly gave evidence during
investigations into human rights violations in Honduras and, as a result, is
currently a refugee in a western country (18 Septer er 1996) . The
Special Rapporteur transmitted the same urgent appeal to the authorities in
Honduras.
Cuba
143. By a conr unication dated 6 February 1996, the Government of CJia replied
to the urgent appeal sent by the Special Rapporteur in October 1995 on behalf
of Juvencio Padr6n Duefias, F lix Molina Vald s and Carlos Cruz Seguis, who had
been sentenced to death in Septer er 1995 by the People's Provincial Court in
Ciego de Avila. The Special Rapporteur had been informed that there had been
procedural irregularities and that the accused had been forced to sign
statements confirming the charges against them.
144. According to the Governoeent's reply, the allegations do not correspond
to what actually happened and are the result of political manoeuvres directed
against CJ a. The Government explained to the Special Rapporteur that the
above—mentioned persons were charged and convicted for the murder of two
elderly men. It further stated that this was a matter within national
competence and had nothing to do with a human rights situation within the
competence of the Special Rapporteur. It also informed him that during the
trial the accused had had the benefit of all the procedural guarantees
established in CJian law, which are consistent with international legislation.
It reported that in cases where death sentences were pronounced the accused
had the right of appeal to the Supreme Court or the right to a pardon by the
Council of State.
145. The Special Rapporteur sent the Government of CJia a corcoeunication
dated 1 Septercber 1996 in which he expressed thanks for its reply in
connection with the case of Juvencio Padr6n Duefias, F lix Molina Vald s,
Carlos Cruz Seguis and Carlos Rodriguez Gorrin, informing it that NRDs were
continuing to investigate reports that the accused had been sJijected to
E/CN. 4/1997/60/Add.1
page 41
physical and psychological pressure before the trial and that their access to
legal defence had been extremely limited. In the same corcoeunication the
Special Rapporteur reminded the Government that no reply had so far been
received concerning the cases transmitted in 1995, which had included the
cases of 35 persons killed in July 1994 in Havana Bay after government vessels
had attacked the boat 13 de Marzo in which they had been trying to flee from
Cuba.
146. In a letter dated 4 October 1996, the Government of Cuba replied to the
Special Rapporteur's follow—up corcoeunication. It expressed the view that the
treatment of corcoeunications to Cuba appeared to depart widely from the mandate
originally conferred on the Special Rapporteur by the Conr ission on Human
Rights, and that in the complaints sent there were signs of political
motivation. The Government considered that, concerning the cases transmitted
in 1995 (see E/CN.4/1996/4, para. 158), it did not have to provide any further
information since all the official information had already been made pJilic.
It stated that wthere is an urgent need to establish clear criteria for
admissibility of the complaints received by the Special Rapporteur and for a
precise definition of the scope of his mandate”.
Observations
147. The Special Rapporteur expresses his thanks for the replies provided by
the Government of Cuba and its willingness to cooperate in enabling him to
fulfil his mandate. In connection with the points raised by the Government in
its letter of 4 October 1996, he assures the Government that all the
complaints reaching his office are analysed in the same spirit of impartiality
and that Cuba is treated no differently from any other country. In addition,
he wishes to make it clear that the conr unications sent to the Government do
not lose their character of complaints. As to the need to establish clear
criteria for admissibility of the complaints received by the
Special Rapporteur and the precise definition of the scope of his mandate, he
reminds the Government that these criteria already exist, being set out in his
report E/CN.4/1994/7 (chap. II ), and that they have been repeatedly endorsed
by the CoioexJssion on Human Rights.
Di ibouti
Information received and conr unications sent
148. The Special Rapporteur, jointly with the Special Rapporteur on the
Independence of the Judiciary and Lawyers, sent an urgent appeal on behalf of
the lawyer Aref Mohamed Aref, dean of the Djibouti bar association, who had
reportedly been subjected to repeated threats and harassment. The two
rapporteurs had been informed that, on 16 January 1996, police officers had
warned Aref Mohamed Aref that they had received orders to kill him. The two
rapporteurs were also informed that the police did not intend to open an
inquiry into those threats or to take measures to protect Mr. Aref. The
threats are apparently linked to Mr. Aref's professional activities and, in
particular, his role in defending victims of human rights violations
(8 February 1996) .
E/CN. 4/1997/60/Add. 1
page 42
Follow—un
149. The Special Rapporteur also sent a corcoeunication to the Governoeent
reminding it that no reply had been received concerning not only the urgent
action mentioned above, but also the allegations transmitted to the Government
in 1994.
Ec t
Information received and conr unications sent
150. According to information received in 1996, between January and
Septer er 1995 more than 20 detainees, most of them suspected mer ers of
banned Islamic groups, reportedly died while in custody. Allegedly, Al-Wadi
Al—Gadid prison, west of Asy it, was one of the prisons where most of the
deaths occurred. It has been alleged that torture and ill—treatment, together
with poor hygiene conditions and overcrowding, were contributing factors in
these deaths. In most cases, families of those who died were allegedly not
given copies of autopsy reports or death certificates. It was brought to the
Special Rapporteur's attention that, in some cases, families were not even
told the cause of death of their relatives. Furthermore, information received
indicates that investigations into death in custody and their findings are
rarely made pJ lic.
151. Various sources have continued to express deep concern about criminal
proceedings before military courts, which lead to the imposition of the death
penalty and reportedly fall short of international fair trial standards,
particularly article 14.5 of the International Covenant on Civil and Political
Rights, ratified by Egypt. According to the information received, death
sentences in criminal cases are passed to the Mufti, the highest religious
authority in Egypt, for approval, then sJ mitted to the President for
ratification and sJisequently reviewed by the Military Appeals Bureau, a
non—judicial body headed by the President of the RepJilic. It has also been
brought to the Special Rapporteur's attention that final verdicts by criminal
courts, which may include the death penalty, can be appealed against before
the Court of Cassation only if it can be proved that procedural irregularities
were conr itted during the trial.
152. Furthermore, various sources have continued to question the impartiality
and independence of military tribunals. Thus, it was alleged that while
civilian judges are appointed for life by a higher judicial council, military
judges are serving military officers appointed by the Minister of Defence for
a two—year term, renewable for additional terms of two years at the discretion
of the Minister of Defence.
153. The Special Rapporteur transmitted two urgent appeals to the Government
of Egypt, on behalf of Mohanr ad ‘Pkd al Ra'uf Mahmoud, A an Kamal Moharcoead
and ‘Abd al—Nasser Abu Kharouf, allegedly mer ers of al—Gama'a al—Islamiya, a
banned Islamist armed group, who were reportedly sentenced to death by the
(Emergency) Supreme State Security Court in Cairo (4 April 1996 and
13 May 1996) . According to the information received, defendants before the
(Emergency) Supreme State Security Court do not benefit from all the
guarantees for a fair trial set forth in international instruments. In
particular, and in contrast to procedures in ordinary criminal courts, there
is said to be no right to appeal before a higher tribunal. It is reported
that, in accordance with the State of Emergency Act No. 162 of 1958, sentences
E/CN. 4/1997/60/Add.1
page 43
passed by the (Emergency) Supreme State Security Court can only be reviewed by
the President or a person mandated by the President.
154. In addition, the Special Rapporteur transmitted allegations regarding
the death in custody of the following four persons, reportedly between
February and August 1995:
(a) Mostafa Moharcoead Moharcoead Al-'Iragi and Ahmad Amin ‘PJid Al-Mun'im
Hassan, who reportedly died in custody while detained at Al-Wadi Al-Gadeed
prison;
(b) Al—Aoeir Moharcoead Hosni ‘Omar, administrator of the lawyers' club
in Alexandria, who reportedly died as a result of torture in Al—Ramal police
station in Alexandria. According to the source, he was sunr oned to the police
station after a neighbour had accused him of having stolen her laundry.
According to the information received, despite a release order by the
procuracy of Al-Ramal he was kept in the police station and beaten to death.
The preliminary medical report is said to have stated that the victim died in
the police station and that there was blood under the skin of his eyelid and
that he had a suspected broken nose;
(c) Mohanr ad Sa'ad ‘Ali Ahmad, who reportedly died in the High
Security prison in Tora from tuberculosis. It was alleged that the prison
medical services, although aware of the seriousness of his illness, did not
reconr end his transfer to the hospital until the last minute.
Conr unications received
155. The Government of Egypt provided a reply to the urgent appeal sent by
the Special Rapporteur on behalf of Mohanr ad ‘Pkd al Ra'uf Mahmoud, A an
Kamal Moharcoead and ‘Abd al—Nasser Abu Kharouf. The Government informed the
Special Rapporteur of the charges brought against the defendants and confirmed
that they had been tried before the Higher State Security (Emergency) Court in
May 1995 and that the case had been heard over a period of eight full months.
The Government asserted that they had enjoyed all the legally stipulated
rights and safeguards in regard to their defence. Their defence counsel had
consisted of 10 lawyers. On 5 April 1996 the Court had referred the files to
his Excellency the Mufti (21 May 1996) .
Follow—un
156. The Special Rapporteur sent a follow—up letter to the Government of
Egypt, reiterating his concern in relation to the application of the death
penalty. He also reminded the Government of those cases for which a reply had
not yet been received.
Observations
157. The Special Rapporteur thanks the Government of Egypt for the replies
provided to some of his corcoeunications. He is concerned, however, at
continuous reports received, according to which, proceedings before military
courts fall short of guarantees set out in the pertinent international
instruments, particularly in respect of their impartiality and the right of
E/CN. 4/1997/60/Add. 1
page 44
defence, especially the right to appeal to a higher jurisdiction and to seek
pardon or corcoeutation of sentence at the highest level of the State.
He calls on the Egyptian authorities to provide for trial procedures which
fully respect the safeguards and guarantees protecting those facing the death
penalty, in conformity with the pertinent international instruments.
158. The Special Rapporteur continues to be concerned at the restrictions on
the independence of the judiciary which result from the involvement of the
President of the RepJilic at three levels: he decides which case is to be
heard by the military courts; he presides over the Military Appeals Bureau;
and he is called upon to decide on appeals for pardon or corcoeutation of a
death sentence. This may render the appeal procedure ineffective in practice.
The Special Rapporteur calls on the Government to review the appeal procedure
and to bring it into line with international standards.
159. Regarding cases of death in custody, the Special Rapporteur calls on the
Egyptian authorities to strengthen safeguards regarding the interrogation of
suspects, to ensure that police do not use force to extract information from
detainees, to enforce police accountability for human rights violations and to
provide adequate compensation to the families of the victims.
El Salvador
Information received and conr unications sent
160. The reports received by the Special Rapporteur indicate that in
El Salvador violations of the right to life are continuing. Most of the
complaints transmitted to the Special Rapporteur related to the
disproportionate use of force by officers of the National Civil Police (PNC) .
Information on acts of violence against street children was also received.
Several sources expressed their concern at the authorities' sluggishness in
investigating the perpetrators of violations of human rights, particularly the
right to life, and bringing them to justice.
161. Alarming reports were received about conditions in Santa Ana prison, in
the department of Santa Ana. In this connection, the Special Rapporteur
learned that, in July 1996, the prisoners themselves had threatened to kill
four of their nurcber unless there was a change in those conditions. These
threats were reportedly made as a means of exerting pressure on the Government
to solve the problems of overcrowding, inadequate food and lack of hygiene in
the prison, and calling for speedier judicial proceedings.
162. The Special Rapporteur transmitted five urgent appeals to the Government
of El Salvador on behalf of Adri n Esquino Lisco, mercber of the Salvadoran
National Indigenous Association (ANIS) and chief of the Nahuat, Lenca and Maya
indigenous conr unities, Maximiliano Bran Garcia, mer er of the same
association, and their respective families, who had received death threats,
allegedly from paramilitary personnel. The Special Rapporteur reiterated his
request for protection for these persons in sJisequent urgent appeals when the
acts of harassment and death threats were repeated (1 February, 18 March,
24 April, 9 May and 5 June 1996) .
E/CN. 4/1997/60/Add.1
page 45
163. In addition, the Special Rapporteur transmitted to the Government
reports of violations of the right to life of 22 persons:
(a) The following persons were reported to have been killed in
connection with demonstrations: Andr s M ndez Flores died in January 1995 in
Rosales hospital in San Salvador after being wounded by PNC officers when they
fired on a group of former mercbers of the civilian defence patrols as they
were travelling to San Salvador to take part in a demonstration; Eustaguio
Fuentes Mendoza, killed in July 1995 by PNC officers who fired on demobilized
former mercbers of the armed forces and the FMLN while they were travelling to
San Salvador to begin a demonstration calling on the Government to comply with
the peace agreements.
(b) PNC officers have reportedly killed the following persons:
Genaro Garcia Garcia, who died in January 1995 while working at a petrol
station on Alameda Juan Pablo II, San Salvador; Hector Rafael Paz de Paz, who
died in January 1995 while running away to avoid arrest by police officers who
were trying to clear the streets of drunks; Juan Ram6n, Julio Cesar and
Guillermo Mercedes Fuentes Moya, and Francisco Bolaf os Torres, arrested and
killed on 18 April 1995 at Los Amates estate, San Jos , department of
La Uni6n; Daniel Alfonso Benitez Guzm n, killed in April 1995 by PNC officers
and a group of soldiers who, after arriving at a house in which a party was
being held in the village of El Pital, started firing indiscriminately at the
persons present; Jos Israel Mejia Cabezas, a student, killed on 14 April 1995
when an officer in a PNC vehicle stopped near him and shot him; Boanerges
Bladimir Bernal Deras, killed on 18 February 1996 in Colonia Dolores,
San Salvador, after an argument over admittance to a dance; Pedro Ernesto
Escobar Carias, killed on 4 February 1996 at La Fincona estate, Cant6n
el Guayabo, Sonsonate, after being arrested and beaten by PNC officers;
Fernando Lemus Menjivar, shot by PNC officers while trying to run away after
being asked by police officers to produce identity papers at a carnival party
in Candelaria de la Frontera; Francisco Leondan Pefia, killed in Nover er 1995
near the village of El Flor, Cant6n el Zapote, Tejutepegue; Victor Silverio
Alvarenga, killed while running away after being asked by police officers to
produce documents proving ownership of a bicycle, on the road from Aguilares
to Cant6n las Pampas, municipality of Aguilares.
(c) Army personnel reportedly killed the following persons: Oscar
Nelson Diaz Hern ndez, aged 17, and David Antonio Quintanilla, who were
stopped while returning from a party in San Miguel by three armed men in
military uniforms who forced them to lie face down on the ground and shot
them; Joel de JesCis Melgar, president of the Progress and Freedom cooperative
and mer er of the FMLN party, killed in Colonia Cima del Escal6n by four armed
men in military uniforms.
(d) The following person reportedly died in detention: Santos
Cornelio L6pez S nchez, whose body was found on 12 June 1995 in a cell in
Santo Tom s town hall. The autopsy determined multiple deep wounds caused by
a sharp pointed instrument as the cause of death, and found second—degree
burns caused after the death. A municipal police officer from Santo Tom s is
alleged to have been responsible for the death.
E/CN. 4/1997/60/Add. 1
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164. In addition, the Special Rapporteur transmitted to the Government the
following cases of alleged violations of the right to life, in which the
victims were minors: Oscar Anderson Cornejo, aged 15, died on 13 May 1995
after being shot twice by a person alleged to be a PNC officer, who started to
chase him while he was in the main square of San Salvador, with other street
children, accusing him of being a thief; Juan Carlos Calder6n Quintanilla,
aged 17, killed by a PNC officer in the main square in San Salvador in
June 1995; Enrique Peraza, nickname flittle bandit”, aged 14, killed on
2 March 1996 while sleeping in a building situated in the Callej6n Clessa,
San A ntonio district, Santa Ana, allegedly by PNC officers.
Conr unications received
165. The Governoeent of El Salvador informed the Special Rapporteur that the
Attorney—General had opened a file on the case of threats against mer ers of
the ANIS and that the Special Crimes Unit was carrying out the relevant
investigations (7 June 1996) .
166. The Governoeent also stated that, according to the Procurator for the
Defence of Human Rights, there had been no complaint about attacks in
Decercber 1995 and January 1996 against mer ers of the ANIS, and that although
the presence of armed men on the Santa Julia estate had been reported, those
men had been from that conr unity. The problem arose from rivalry between
peasant organizations, the ANIS and the Agricultural Production Cooperative
which are in dispute over the Santa Julia estate. It further stated that on
21 March 1996 Adri n Esquino Lisco had reported death threats at the
Procurator's Central Office, attributing them to mer ers of the cooperative
involved in the dispute over the estate. This complaint was transmitted to
the Sonsonate branch and further action on the case was being taken
(24 July 1996) .
Follow—un
167. The Special Rapporteur sent a follow—up letter to the Government of
El Salvador transmitting a list of cases concerning which no reply had yet
been received. In the same corcoeunication, he requested information concerning
the complaints about conditions of detention in Santa Aria prison.
Observations
168. The Special Rapporteur is grateful for the replies provided by the
Government of El Salvador concerning his urgent appeals. He continues to be
concerned at the large nurcber of complaints he has received, which refer to
the disproportionate use of force by the security forces. He appeals to the
Government to ensure that the necessary measures are taken, in accordance with
the Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials, to prevent a recurrence of violations of the right to life. He
urges the Government to ensure that full and independent investigations are
initiated in cases of death due to abuse of force and that law enforcement
officials responsible for such violations are brought to justice.
E/CN. 4/1997/60/Add.1
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SLain
169. The Special Rapporteur welcomes the fact that, on 28 Nover er 1995, the
Government of Spain removed the death penalty from the Military Penal Code.
Estonia
Information received and conr unications sent
170. The Special Rapporteur received reports regarding the expansion of the
scope of the death penalty. According to the information received, amencloeents
to the Estonian Criminal Code had added two offences to the list of criminal
acts punishable by death: violence against a police officer or a person equal
to a police officer and crimes against humanity. These amendments reportedly
entered into force on 11 March 1994 and 9 Decer er 1994 respectively.
Observations
171. The Special Rapporteur is deeply concerned about the extension of the
scope of the death penalty, which runs counter to the international trend
towards abolition of the death penalty and is in clear violation of article 6
of the International Covenant on Civil and Political Rights, which has been
ratified by Estonia.
Ethiopia
Information received and conr unications sent
172. The Special Rapporteur received information indicating that 48 mercbers
of the former Dergue military government are on trial and facing the death
penalty on charges including genocide and crimes against humanity. In
addition, 1,800 former officials, most of them having been held in detention
since 1991, will reportedly also be tried. The Special Rapporteur was
informed that many of them may be sentenced to death, although the Governoeent
reportedly indicated that it supports only a limited nur er of executions of
those guilty of the worst crimes.
173. The Special Rapporteur continued to receive reports regarding human
rights violations, including violations of the right to life, corcoeitted by the
Ethiopian armed forces in the Ogaden. One report received indicated that
50 civilians, including women, children and elders, were killed in a massacre
in Qabri—Daharre and 8 in Hodayo. However, much of the information received
did not contain the required details for the Special Rapporteur to take
action.
174. The Special Rapporteur transmitted the following allegations of
violations of the right to life concerning 16 identified persons and
13 unidentified persons: Ahmed Good Abdi, Ahmed Sanay Farah, Ahmed Sangaab
and Hassan Ahmed Sagal, reportedly arrested and killed on 8 August 1996 in
Toon—Ceeley by mer ers of the Ethiopian armed forces; Ebissa Addunya, a singer
and musician, and Tana Wayessa, reportedly shot and killed on 30 August 1996
by mer ers of the Ethiopian security forces in the former's house in
Addis A baba; 4 unidentified persons reportedly killed on 8 August 1996 in
Gabababo; Awal Idire, aged 16, Awal Sani, aged 13, Badiri Shaza, aged 12, and
Usen Kalu, aged 12, reportedly killed on 20 July 1996 by mer ers of the
Ethiopian armed forces because they had the initials of the Oromo Liberation
E/CN. 4/1997/60/Add. 1
page 48
Front tattooed on their hands; Mohamed Arabi Hirsi, Abdi Mohamed Yare,
Gahnug Yusuf Aare, Mohamed Aw Farah Ga'iye, Haye Hirad, alleged to be tribal
chiefs and clan elders, reportedly killed on 18 July 1996 by mercbers of the
Ethiopian armed forces; Sarecya Seerar Mohamed, her new—born child and eight
other unidentified individuals, reportedly killed in mid-August 1996 by
mercbers of the Ethiopian armed forces in Qabridaharre (30 Septercber 1996) .
Follow—un
175. The Special Rapporteur sent a follow-up letter reminding the Government
of the case of Bekelle Argaw, which was transmitted during 1995 and concerning
which a reply had not yet been received.
Observations
176. The Special Rapporteur wishes to express his concern in regard to the
reports he received concerning extrajudicial, stioemary or arbitrary executions
conr itted by the Ethiopian armed forces in the Ogaden. He reiterates his call
to the Transitional Governoeent of Ethiopia to ensure that all allegations of
human rights violations are exhaustively and impartially investigated, with a
view to establishing the facts, identifying those responsible and bringing
them to justice, granting adequate compensation to the victims or their
families, and preventing the recurrence of such violations.
France
Information received and conr unications sent
177. The Special Rapporteur conr unicated to the Government of France
allegations concerning the death of Mr. Reza Mazlouman, a publisher and mercber
of the Iranian opposition, who was reportedly killed in his flat outside Paris
on 28 May 1996 by agents acting under the orders of the Iranian authorities.
The Special Rapporteur had first sent these allegations to the Iranian
Government.
Follow—un
178. The Special Rapporteur reminded the French Government that no reply had
been received concerning cases transmitted in 1995.
The GarcJDia
Information received
179. The Special Rapporteur was informed that the Constitution of the Gan ia,
which was adopted by referendum on 8 August 1996, provides the President and
mercbers of the Armed Forces Provisional Ruling Council (AFPRC) with total
impunity from criminal prosecution and prohibits the National Asser ly from
amending any of the provisions which provide impunity to the AFPRC, its
mercbers and appointees. Moreover, the Constitution reportedly permits the use
E/CN. 4/1997/60/Add.1
page 49
of lethal force in defence of a person or property, to effect arrests and to
prevent escape, to suppress riots, insurrection or mutiny and to prevent the
conr ission of a criminal offence.
Observations
180. The Special Rapporteur is deeply concerned about the information he
received in regard to the new Constitution, which seems to violate certain
basic human rights standards laid down in several international instruments,
including the International Covenant on Civil and Political Rights, which has
been ratified by the GarcJDia. The Special Rapporteur strongly urges the
Government to amend, in accordance with Principle 19 of the Principles on the
Effective Prevention and Investigation of Extra—legal, Arbitrary and Surcoeary
Executions, the provisions of the Constitution which provide the President and
mercbers of the AFPRC with total impunity.
GeorQia
Information received and conr unications sent
181. The Special Rapporteur transmitted an urgent appeal to the Government of
Georgia on behalf of Badri Zarandia, a former corcoeander of the
pro—Gamsa khurdia troops, who was reportedly sentenced to death for treason by
the Supreme Court on 17 June 1996. According to the information received,
Badri Zarandia had no right of appeal and his only recourse against execution
was to petition the President for clemency (24 June 1996) .
Germany
Follow—un
182. The Special Rapporteur sent a follow—up letter requesting the Governoeent
of Germany to provide him with additional information concerning the
investigations and proceedings in regard to the case of Kola Bankola, a
Nigerian national who reportedly died on 30 August 1994 in the aircraft which
was to return him to Nigeria, after being injected with a sedative.
Guatemala
183. The Special Rapporteur has received a large nunter of reports of
violations of the right to life in Guatemala. Many of these reports could not
be processed because they did not meet the essential requirements for his
consideration (see E/CN.4/1994/7, para. 21) . According to the information
received, the inefficiency of the judicial system and the militarization of
society are contributing to an increase in impunity and continued human rights
violations in Guatemala. State security agencies, paramilitary groups and
mercbers of the Civil Self—Defence Patrols (PACs), which are reportedly
composed of civilians who cooperate with the Guatemalan army, have been
accused of conr itting these violations. The information received also points
to an increase in violence in Guatemalan society. In this regard, the Special
Rapporteur was informed of the creation of self—defence squads which are
trained by the army and have been involved in wsocial cleansing” operations.
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page 50
184. The Special Rapporteur was also informed that in 1996, for the first
time in 13 years, a sentence of execution was carried out in Guatemala and
that there are currently four persons under sentence of death. Prior to 1996,
the most recent executions had been carried out in 1982 and 1983.
185. For a detailed analysis of the human rights situation in Guatemala,
reference is made to the report of M6nica Pinto, the Independent Expert on the
situation of human rights in Guatemala (E/CN.4/1997/90) .
186. During the period in question, the Special Rapporteur sent 12 urgent
appeals to the Governoeent of Guatemala, requesting that the necessary measures
should be taken to protect the following persons, who had received death
threats:
(a) Trade unionists:
(i) D bora Guzm n Chup n, her husband F lix Gonzflez, and
Julio Coj, trade unionists, after receiving written death
threats warning them to put an end to their activities in
the Guatemalan Workers' Union. Urgent appeals on their
behalf were also sent on various occasions during 1995
(20 February 1996) . The Special Rapporteur sent a second
urgent appeal on their behalf after being informed that the
threats and intimidation were continuing (6 March 1996);
(ii) Vilma Cristina Gonzflez, who is the sister of union leader
Reynaldo Gonzflez, Secretary—General of the Federaci6n de
Sindicatos de Empleados Bancarios y Similares, after being
abducted and tortured, apparently in connection with her
brother's union activities (25 March 1996) . This urgent
appeal was transmitted jointly with the Special Rapporteur
on torture;
(iii) Mercbers of the Sindicato General de Trabajadores de Guatel
w 22 de Febrero”, after Victor Hugo Dur n Guerra,
Secretary—General of the union, was reportedly attacked
while travelling from Guatemala City to Villanueva.
F lix Hern ndez, labour adviser to the same union,
J 05 Maria Ortega, secretary of the union, and
Jaime Manfredo Diaz, another union mer er, are also reported
to have received death threats (3 October 1996) ;
(b) Journalists:
(i) Carlos Orellana, Director of Radio Victoria wLa Benabita
del Cuadrante”, his wife, Irma L6pez, and their two sons,
Carlos Alberto and Juan Jos Orellana (aged 17 and 16) ,
after a bor was thrown in front of their house in
Mazatenango, department of Sucitep quez (10 May 1996) ;
(ii) Jos Rub n Zamora Marroquin, former editor of the newspaper
SiQlo Veintiuno , after he was attacked. The Special
Rapporteur was informed that SiQlo Veintiuno had played an
E/CN. 4/1997/60/Add.1
page 51
important role in the publication of reports of the attempt
at a self—initiated coup in 1993 and sJisequent related
events. Since that time, mer ers of the newspaper staff
have been intimidated and threatened. Recently, the
newspaper pJilished information concerning impunity,
corruption and human rights violations in Guatemala
(21 May 1996) ;
(c) Human rights activists and indigenous leaders:
(i) C sar S nchez Aguilar, a mercber of the Myrna Mack
Foundation, after receiving death threats from local PAC
mercbers (30 Novercber 1995);
(ii) Pastor Lucio Martinez, Margarita Valiente, administrator and
president of the Kaqchikel presbytery (Chimaltenango), and
Juan Garcia, head of the Human Rights Conr ittee of the
Kaqchikel presbytery, after receiving death threats from a
death squad known as the Jaguar Justiciero. The threats are
assumed to be related to the victims' investigation into the
death of the evangelical minister, Manuel Saguic V squez, an
activist and coordinator of the Human Rights Conr ittee of
the Kaychikel presbytery in Panabajal (6 March 1996) ;
(iii) Amilcar M ndez Urizar, parliamentary representative of the
Frente Democr tico Nueva Guatemala and founding mer er of
the wRanujel Junam” Ethnic Conr unities Council, after he was
threatened by the Jaguar Justiciero death squad. The
Special Rapporteur was also informed that Tomasa Micaela
Mateo Taquiej, daughter of Amilcar M ndez Urizar, had been
attacked inside his home by four heavily armed men
(19 April 1996);
(iv) Carlos Federico Reyes L6pez, mercber of the Guatemalan
Forensic A nthropology Team, after receiving death threats.
He had recently taken part in the exhumation of a
clandestine cemetery containing the remains of persons who
had died in 1982 during the massacre at Los Josefinos,
municipality of La Libertad, department of Pet n
(10 July 1996) . The Special Rapporteur sent a second urgent
appeal on his behalf after having been informed that the
victim was still receiving death threats
(23 Septercber 1996) .
187. In addition, the Special Rapporteur sent an urgent appeal stating that
he feared for the life and physical safety of Otto Leonel Hern ndez, principal
witness in the case of the disappearance of Lucina C rdenas, who had been
abducted, tortured and killed in the city of Quetzaltenango (16 July 1996)
(see para. 189) .
188. The Special Rapporteur also transmitted reports of violations of the
right to life:
E/CN. 4/1997/60/Add. 1
page 52
(a) The following persons are reported to have been killed by the
army:
(i) Indigenous leaders: Miguel Us Mejia, Ethnic Conr unities
Council activist, and his wife, Lucia Tiu Tum, a mer er of
the Guatemalan Widows' Coordinating Conr ittee, who died in
Totonicap n in January 1996;
(ii) Peasants: Tereso Garcia Cot6n, Arcadio Garcia, Luis Orozuco
Coyoy and Otilio Santos CitaOEn, peasants from Santa Lucia
UttOEn, SoloOE, who were seized by an infantry squad
patrolling in armoured vehicles and whose bodies were
discovered some time later;
(iii) Former mercbers of the judiciary: Jos Vicente Gonzflez, a
former judge who died in Decercber 1995. According to the
information received, the victim had resigned as a result of
pressure after receiving a nurcber of death threats;
(iv) Others: Felipe Arguta, who died in August 1995 in Zone S of
Guatemala City; Jaime Ernesto Centeno L6pez, 1/ former
assistant director of Concientizaci6n para la Recuperaci6n
Espiritual y Econ6mica del Horcbre (a Salvadoran NGO) , who
was killed while travelling from El Salvador to Guatemala to
attend a meeting of the Latin Aoeerican Association of
Development Organizations;
(b) The following persons are reported to have been killed by mer ers
of paramilitary groups:
(i) Students: Sergio Ariibal Diaz Suchini and Germ n Castellanos
Valdez, university student leaders who were killed in
January 1996 on 11th Avenue and 2nd Street, Zone 1,
Chiquimula;
(ii) Trade unionists: Alexander Yovany G6mez Virula, who
was tortured and whose body was found near the
neighbourhoods of Galilea and El Lim6n, Zone 18, Guatemala
City. According to the forensic reports, they had died from
beatings and had visible fractures on the back of the head,
face and upper body;
(iii) Peasants: Pedro Chuc Ruiz, a disabled peasant leader and
mercber of the Altiplano Peasants' Conr ittee, who was killed
at his home in Pampojila, San Lucas Tolim n, SoloJA, at
7.30 p.m. on 20 May 1996. He had reportedly demanded the
return of the land on the San Francisco de San Lucas Tolim n
farm, SoloOE, from which mercbers of the corcoeunity had been
evicted by the security forces in February 1996;
1/ The Special Rapporteur accidentally transmitted this case on
two occasions in 1996.
E/CN. 4/1997/60/Add.1
page 53
(c) The following person is reported to have been killed by PAC
mercbers: Juan JesCis Esteban, a peasant, in the village of Cajcajpuja,
San Pedro Soloma, Huehuetenango, in March 1995.
189. The Special Rapporteur also transmitted to the authorities the case of
Lucina C rdenas, a Mexican citizen and former employee of a United Nations
agency, who was tortured and killed and whose body was discovered in
San Martin Sacatep guez on 2 Decer er 1995. She had been abducted while
travelling, with Otto Leonel Hern ndez, on the road from Talism n (Mexico) to
Quetzaltenango (Guatemala) . According to information received, the bullet
casings found on the spot by the police matched those used by the Guatemalan
military intelligence services. Lucina C rdenas had reportedly been receiving
death threats in Quetzaltenango since 1993 in connection with her work at an
indigenous textile cooperative in Salcaja, a project sponsored by the
International Labour Organization (ILO) and the Government of the Netherlands.
Because of these threats, she had decided to leave the country. On the day
she was abducted, she was returning to Guatemala from Mexico in order to
collect her personal belongings.
Conr unications received
190. The Governoeent of Guatemala replied to many of the corcoeunications
transmitted by the Special Rapporteur in 1996 and previous years. With regard
to the case of Juan de JesCis Esteban, the Governoeent stated that the cause of
death was fourth-degree skull and brain injury, probably due to an accidental
fall into a ravine. In the same corcoeunication, with regard to the case of
Rudi F. Ortiz L6pez, the Government informed the Special Rapporteur that the
persons allegedly responsible, mer ers of the Cajpujcuja PAC, had been
identified and located and that the pre-trial proceedings were under way
(30 Nover er 1995) .
191. The Special Rapporteur was also informed that a warrant for the arrest
of the person charged with the death of Felipe Le6n Nas had been applied for,
but the judge assigned to the case had not yet issued a decision on the
matter. The investigation was continuing (20 Decer er 1995) .
192. The Special Rapporteur was also informed that the Department of
Escuintla Second Court of First Instance had ordered the temporary closure of
the pre—trial investigation concerning the two police officers accused of
attempted murder, illegal possession of a firearm, abuse of authority and
threats in the case of Ervin Ramiro Gonzalez Barriento. A warrant had also
been issued for the arrest of a third accused person (16 January 1996) .
193. With regard to the threats received by Cesar Ovideo S nchez Aguilar, the
Government stated that the case was of a private nature and did not involve
any State officials (1 March 1996) .
194. The Governoeent also informed the Special Rapporteur, with regard to the
abduction of and threats received by Vilma Cristina Gonzflez, that the
National Police Department of Criminal Investigation had been ordered to
provide protection for the victim and that an investigation was being carried
out in order to shed light on these incidents (25 March 1996) .
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page 54
195. Concerning the threats received by Aoeilcar Mendez Urizar, the Governoeent
stated that the necessary investigation had been opened. The Presidential
Conr ission for Coordinating Executive Policy in the Field of Human Rights
(COPREDEH) had requested the Minister of the Interior and the Director-General
of the National Police to take the necessary measures to protect the victim
(28 May 1996) .
196. With regard to the threats received by Vitalino Similox,
Blanca Margarita de Similox and Lucio Martinez Pic, the Special Rapporteur was
informed that the El Ramo Department of Criminal Investigation would be
responsible for carrying out an investigation into the matter. The victims
had declined an offer of protection (26 June 1996) .
197. The Special Rapporteur received a copy of the Government's reply to ILO,
dated 17 May, concerning the death of Lucina C rdenas. According to the
Government, COPREDEH had cooperated with the Office of the Attorney General,
the Office of the Director—General of the National Police and the Ministry of
Defence in order to ensure that the necessary investigations were carried out.
On 4 Decercber 1995, the Judge of the Quetzaltenango Second Court of First
Instance for Criminal, Drug—related and Environmental Offences had issued a
warrant for the arrest of Otto Leonel Hern ndez; he had duly been arrested as
the principal suspect in the case. The Governoeent later informed the Special
Rapporteur that criminal proceedings had been initiated and that the principal
suspects were two individuals not connected with the Governoeent
(31 October 1996) . He was also informed that on 22 August 1996 the Court had
ordered the release of Otto Leonel Hern ndez since there was no evidence to
implicate him in the case.
198. The Governoeent notified the Special Rapporteur of the progress made
since April 1995 in the legal proceedings concerning the case of Jorge Carpio
Nicolle, which had been transmitted to the Government in 1994. It also
provided detailed information concerning developments in the case of Alexander
Yovani G6mez Virula, in particular replying to a nur er of questions asked by
the Special Rapporteur. It noted that the Sixth Court of First Instance for
Criminal, Drug—related and Environmental Offences was carrying out the
appropriate proceedings under the Code of Criminal Procedure. Two citizens of
Korean origin have reportedly been accused of the victim's death
(31 October 1996) .
Follow—un
199. The Special Rapporteur sent a follow—up letter to the Government of
Guatemala requesting additional information on several cases which had been
transmitted in previous years. Concerning the case of Jorge Carpio Nicolle,
he reiterated the request, made in his previous corcoeunication of
22 August 1995, for information on final developments in the trial. He also
conr unicated additional information, which he had received from the source,
concerning alleged irregularities in the investigation of this case. For
example, he had been informed that vital evidence, such as the negatives of
the photographs taken during the autopsy and garments found at the scene of
E/CN. 4/1997/60/Add.1
page 55
the crime which allegedly identified those responsible, had disappeared. He
had also learned that the Quich police officer, supposedly the first person
to investigate the case, had reportedly been murdered and that witnesses,
prosecutors and judges had been threatened.
200. With regard to the Kam n massacre (see E/CN.4/1996/4, para. 213), the
Special Rapporteur informed the Government that, according to additional
information provided by the source, there had been serious irregularities in
the judicial proceedings and investigation. NGOs had reportedly accused the
judge in charge of the case of complicity with, and partiality towards, the
persons involved. According to this source, the judge's partiality had
resulted in the cancellation of an order for the pre—trial detention of eight
of the soldiers responsible for the massacre. The Special Rapporteur also
learned that the army had reportedly attempted to destroy, conceal and tamper
with evidence. For example, the weapons of the soldiers involved were said to
have been sent to the prosecutor's office one and a half months after the
event, and weapons belonging to one of the officers had reportedly not been
presented at all. In the same communication, the Special Rapporteur requested
information on the current state of the proceedings and on the progress made
by the National Peace Fund, which was to have carried out a study in order to
provide compensation to the relatives of the victims from the Aurora 8 de
Octubre Community.
Observations
201. The Special Rapporteur wishes to thank the Government of Guatemala for
the spirit of cooperation which it has demonstrated by providing him with
information on the cases transmitted. The complaints which have been brought
to his attention continue to be disturbing. He requests that exhaustive and
impartial investigations of the reports of human rights violations should be
carried out and that the guilty parties be identified and brought to justice.
He also requests the Government to take the necessary steps to prevent the
PACs from committing violations of the right to life during the remaining
period prior to their disbandment.
202. The Special Rapporteur wishes to express his concern at the fact that
the first execution in 13 years has been carried out in Guatemala. He remains
concerned at the large nurcber of threats made against human rights activists
and trade unionists, and requests the Governoeent to take effective steps to
protect such persons, who are in inr inent danger of extrajudicial, summary or
arbitrary execution. He reiterates to the Government the need to take firm
action to put an end to impunity. He hopes that the peace agreement between
the Governoeent of Guatemala and the Guatemalan National Revolutionary Unity
Movement, to be signed in late Decer er 1996, will help to improve respect for
the right to life in this country.
Equatorial Guinea
203. The Special Rapporteur transmitted three complaints of violations of the
right to life to the Government of Equatorial Guinea. They concern the
following individuals: F lix Esono tdflla, who was reportedly killed on
20 Septer er 1995 in Miboman when security forces fired on inhabitants
celebrating the local victory of the Uni6n Popular in the elections; Francisco
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page 56
Sulecopa Bapa, a law student, who was killed in April 1995 by a police officer
in Basapu on the island of Bioko; and Feliciano Boko Befia, who died as a
result of ill—treatment by the police after he had been arrested in Bancy and
accused of involvement in a robbery.
204. The Special Rapporteur also sent a follow—up communication reminding the
Government that no reply had so far been received concerning the case of
Antonio Ndong Ebang, transmitted in 1995.
205. For an in-depth analysis of the human rights situation in
Equatorial Guinea, reference is made to the report of Mr. Alejandro Artucio,
Special Rapporteur on the situation of human rights in Equatorial Guinea
(E/CN.4/1997/54) .
Observations
206. The Special Rapporteur regrets that at the time this report was
finalized, no reply had been received from the Governoeent concerning the
complaints of violations of the right to life. He urges the Government to
ensure that complaints of such violations are investigated and that those
responsible for these crimes are brought to justice.
Gui ne a
Information received and communications sent
207. The Special Rapporteur drew the Government's attention to the
allegations that Liman Kourouma had died as a result of torture in Conakry
prison and correctional centre. The forensic physician's statement in the
autopsy report that the victim had died of a heart attack was reportedly
contradicted by signs that he had been burned and bound. The Special
Rapporteur also transmitted allegations that 16 prisoners had died in the same
prison during the night of 31 Decercber—1 January 1995. These persons had
reportedly been arrested during a military operation whose official purpose
was to restore order throughout the country. Shots are said to have been
heard from the cells of the 16 prisoners.
Follow—un
208. The Special Rapporteur reminded the Government that no reply had yet
been received concerning the allegations transmitted.
Observations
209. The Special Rapporteur is concerned at the reports he received
concerning deaths in detention as a result of torture, and summary executions.
He urges the authorities to ensure that impartial and exhaustive
investigations are carried out, that the persons responsible for human rights
violations are brought to justice and that the families of the victims are
compensated. He also urges the Government to ensure that conditions of
detention conform to the Standard Minimum Rules for the Treatment of Prisoners
and other relevant international instruments.
E/CN. 4/1997/60/Add.1
page 57
Guyana
Information received and conr unications sent
210. The Special Rapporteur sent an urgent appeal on behalf of Abdool Saleem
Yasseen and Noel Thomas, who were reportedly scheduled to be executed on
10 February 1996 following trials which allegedly fell short of international
fair trial standards. Both men were reportedly convicted on the basis of a
written confession by Noel Thomas, allegedly made under duress, and an oral
confession by Abdool Yasseen. It was reported that two medical experts
confirmed during the trial that Noel Thomas had been ill-treated while in
police custody. Furthermore, Abdool Yasseen was allegedly not represented by
a lawyer during the first four days of the third trial (8 February 1996) .
Conr unications received
211. The Government of Guyana provided a detailed reply to the urgent appeal
sent on behalf of Abdool Saleem Yasseen and Noel Thomas. The Government
informed the Special Rapporteur, inter alia , that the Court of Appeal had
vacated the decision of the President to sign the death warrants on the basis
that the Attorney General ought not to have acted as the designated Minister
tendering his advice to the President, and the petitions of Abdool Saleem
Yasseen and Noel Thomas would be reconsidered (3 October 1996) .
Observations
212. The Special Rapporteur wishes to thank the Government of Guyana for the
reply provided and the action taken.
Haiti
Information received and conr unications sent
213. The Special Rapporteur informed the Government of the allegations he had
received concerning violations of the right to life of the following persons:
(a) Jean—Marie Vincent, a priest, who was killed by several armed men
as he was entering the residence of the Montfortain fathers in Port—au—Prince
on 28 August 1994. According to the information received, police officers
were suspected of having inspired this murder, but no one has been arrested.
(b) Over 30 unidentified persons who were killed in the shanty to n s
at La C6te de Raboteau, Les Gonaives. It was reported that on 22 April 1994
soldiers arrived in Raboteau, armed with machine—guns and accompanied by
mercbers of the Front for the Advancement and Progress of Haiti, and opened
fire on the inhabitants.
214. For a detailed analysis of the human rights situation in Haiti,
reference is made to the report of Mr. Adama Dieng, Independent Expert on the
situation of human rights in Haiti (E/CN.4/1997/89) .
E/CN. 4/1997/60/Add. 1
page 58
Observations
215. The Special Rapporteur regrets that at the time this report was
finalized, he had not received any corcoeunication from the Haitian Government.
216. The Special Rapporteur requests the Haitian authorities to carry out
exhaustive and impartial inquiries into the allegations of the violations of
the right to life described above, identify those responsible and bring them
to justice, and pay adequate compensation to the families of the victims. He
also urges the authorities to take the necessary measures to prevent a
recurrence of such human rights violations and, by so doing, make a clean
break with the period of lawlessness in Haiti.
Honduras
Information received and conr unications sent
217. The Special Rapporteur sent an urgent appeal to the Government of
Honduras on behalf of Reina Zelaya and her three daughters, Maryuri Zelaya
Gonzflez, Setephania Caballero Zelaya and Cynthia Caballero Zelaya, who had
reportedly left Honduras in February 1996 after receiving death threats and
settled in Costa Rica, where they were granted political asylum. According to
the information received, while in Costa Rica they have been subjected to
harassment and threats, presumably by mercbers of the Honduran security forces.
The threats are believed to be related to the fact that Florencio Caballero,
the father of two of Reina Zelaya's daughters and a former mercber of Honduran
Military Intelligence Battalion 3—16, had testified during investigations into
human rights violations in Honduras and, as a result, is currently a refugee
in a western country (18 Septer er 1996) . The Special Rapporteur transmitted
the same urgent appeal to the Costa Rican authorities.
India
Information received and conr unications sent
218. The Special Rapporteur continued to receive numerous reports indicating
the occurrence of violations of the right to life in India. The majority of
the information received related to the situation in the State of Jarcoeu and
Kashmir where, according to various sources, Indian security forces were
responsible for human rights violations, including deliberate killings of
detainees in custody and reprisal killings of civilians. The perpetrators of
extrajudicial, summary or arbitrary executions reportedly continue to enjoy
virtual impunity. In addition, it was reported that the Government continued
to support paramilitary troops which are reportedly also responsible for the
killing of a large nunter of civilians. The source pointed out that these
troops are non—uniformed and therefore difficult to identify.
219. The Special Rapporteur was also informed that a nunter of armed militant
opposition groups are responsible for human right abuses, including the
killing of numerous civilians.
E/CN. 4/1997/60/Add.1
page 59
220. The Special Rapporteur sent an urgent appeal on behalf of Gantela
Vijayavardhana Rao and Satuluri Chalapathi Rao, who were allegedly sentenced
to death on 7 Septer er 1995 in Guntur after the Supreme Court reportedly
upheld the death sentences on 29 August 1996. According to the information
received, they were allegedly not represented by counsel during pre—trial
proceedings (13 Septer er 1996) .
221. In addition, the Special Rapporteur sent several allegations of
violations of the right to life in respect of the following seven persons:
Mohanr ad B. and Sheik Y., reportedly killed by Indian armed forces on
20 April 1995; Ghulam Ahmed Ehat, a deaf and durcb boy, reportedly killed by a
soldier of the border security forces; Kurshid Ahmed Ehat alias Khalid Javeed,
reportedly taken into custody by border security forces and sJisequently found
dead on the street on 19 Decercber 1995; Parag Kumar Das, a noted human rights
activist, reportedly killed by a gunman said to be a security agent on
17 May 1996; Jalil Andrabi, a lawyer and human rights activist, reportedly
abducted and found dead on 27 March 1996, allegedly killed by mer ers of
Indian paramilitary security forces; and Y. Ramakrishna Reddy, who reportedly
died on 5 April 1996 as a result of torture inflicted by police officers.
Conr unications received
222. The Special Rapporteur received several corcoeunications in which the
Government of India provided replies to cases transmitted to it during 1995
and 1996.
223. The Government of India provided the Special Rapporteur with information
and corcoeents on the death of Jalil Andrabi. According to the Government,
Jalil Andrabi was not arrested by mercbers of the army, but abducted by
unidentified armed persons. The Government also stated that an investigation
by a special team of the State Police of Janr u and Kasboeir was under way
(15 May 1996, 12 April 1996 and 1 April 1996) .
224. In respect of the case of Purushottam Kumar and Manoj Kumar, who
reportedly died in police custody as a result of torture, the Government
stated that, as a result of preliminary inquiries, four police personnel had
been found prima facie guilty and that further investigations by the state
police were under way. Regarding the death of Deven Singh, who was reportedly
also tortured to death while in custody, the Government observed that an
autopsy conducted by the competent authority had found that he had died from
cardiac failure while in custody. In the case of Bundu Hasan, who reportedly
died from injuries sustained from torture by police officers, the Government
replied that he had died from tetanus. Since he had been hospitalized and ill
for quite some time, no medical examination had been conducted. Clarifying
the facts regarding the death of Han Biswakara, who was reportedly pushed out
of a speeding police jeep, the Government replied that she had fallen from the
police jeep and died, as the result of an altercation she and her husband had
had with the police officers who had mistakenly presumed that there was a
warrant issued against her husband. In the case of Y. Ramakrishna Reddy, who
was allegedly tortured to death while in police custody, the Government stated
that he had died of natural causes while in custody and the final report of
the examiners was still pending (7 October 1996) .
E/CN. 4/1997/60/Add. 1
page 60
225. In the case of Kanakanna, the Government replied that he had been killed
by the police in self—defence. In regard to the death of the 113 unidentified
persons in Na pur, Maharashtra, on 23 Nover er 1994, the Government informed
the Special Rapporteur that a corcoeission of inquiry had been appointed which
was yet to submit its report to the Government (23 October 1996) .
226. In its reply to the urgent appeal on behalf of Gantela Vijayavardhana
Rao and Satuluri Chalapathi Rao, the Government described the crime conr itted
by the accused and restated parts of the procedural history of the case
(23 October 1996) .
Follow—un
227. The Special Rapporteur asked the Governoeent to provide further
information with regard to the case of Jalil Aridrabi. He also reminded the
Government of allegations transmitted to it on 4 June 1996 and
25 Septer er 1995 to which no reply had yet been received. In addition, the
Special Rapporteur reiterated his interest in visiting the Republic of India
that he had previously expressed in letters to the Governoeent dated
8 January 1994, 7 February 1994 and 23 Septer er 1994.
Observations
228. The Special Rapporteur thanks the Government of India for the replies
provided to the cases transmitted to it.
229. The Special Rapporteur remains concerned about the situation of the
right to life in Jarcoeu and Kashmir. He calls upon the Government of India to
take further measures in order to ensure compliance of its security forces and
paramilitary units with international human rights law and principles, as well
as with international humanitarian law standards.
230. The Special Rapporteur hopes that the conr itment to openness,
transparency and full cooperation, expressed by the Government in a letter
dated 22 Novercber 1995, will lead to the extension of an invitation to the
Special Rapporteur to visit India in the near future.
Indonesia and East Timor
Information received and conr unications sent
231. The Special Rapporteur received reports indicating that violations of
the right to life in Indonesia continued to take place during 1995 and 1996.
In regard to the situation in East Timor, reports suggested that during 1995
at least 13 civilians were thought to have been killed. It was reported that
independent monitoring had become difficult in East Timor, because of access
and travel restrictions. Sources also made reference to violations of the
right to life as the result of the excessive use of force by police and
security forces. In regard to the National Corcoeission on Human Rights (Komnas
HAN) it was alleged that it lacked the powers and resources to be fully
operational and independent and that there was no consistency in the cases
taken up. The Special Rapporteur was also informed of several important
investigations carried out by Komnas HAM.
E/CN. 4/1997/60/Add.1
page 61
232. For an in—depth analysis of the human rights situation in East Timor,
reference is made to the report of the Secretary—General on East Timor
submitted to the Corcoeission on Human Rights at its fifty-third session
(E/CN.4/1997/51) .
233. The Special Rapporteur transmitted to the Government an urgent appeal
jointly with the Special Rapporteur on freedom of opinion and expression,
Mr. Abid Hussain, and the Special Rapporteur on torture, Mr. Nigel Rodley, on
behalf of university students demonstrating in Ujung Padang, Sulawesi, after
it had been reported that Andi Sultan, Syaiful and Adnan had been beaten to
death on 24 April 1996 in the context of continuing confrontations between
demonstrating students and military personnel (26 April 1996) .
234. In addition, the Special Rapporteur transmitted to the Government of
Indonesia allegations regarding the death of the Reverend Martin Kibak and 10
other civilians, including a woman and four children, in Hoea on 31 May 1996.
According to the information received, the group was gathered for a prayer
meeting when they were surrounded and subsequently killed by mercbers of the
security forces.
235. Further, the Special Rapporteur transmitted to the Government
allegations of violations of the right to life of at least five unidentified
persons who were reportedly killed in connection with the raid on the office
of the Partai Demokrasi Indonesia in Jakarta by Indonesian security forces on
27 July 1996. Reportedly, the operation was characterized by excessive use of
force (30 Septer er 1996) .
Conr unications received
236. The Government of Indonesia provided replies to the allegations
transmitted to it by the Special Rapporteur during 1995 and 1996. The
Government responded that:
(a) The allegations were invented or without any foundation in the
cases of: Kadimum, Yanto (alias Sumeri) , Acan (alias Warsan) , Tony Matondang,
Jupri, Muka Situmeang, Rush and Titi Sugiarti, Misram and Chan Ting Chong
(alias Steven Chang) . The Government also pointed out that Maman and Sulaiman
were in fact the same person and that therefore the same case was forwarded
twice (28 Decer er 1996) ;
(b) The police officers had killed the following persons in
self—defence: Hartono, Sulaiman/Maman, Denny Irawan, Ramis Rakujian and
Nuryudin Rahmani, M. Amsir, Kuat Ginting, Sugeng and Humala Hutabarat
(alias Wol Poltak) (28 Decercber 1996);
(c) The police officers had killed the following persons when they
resisted arrest and tried to escape: Rudyanto, Sugeng, M. Maknum,
Johny Ceking, Nurahman (alias Mejing Bin Taryadi) , Pkdul Manan, Jaenuddin,
Ahmad and Wahyudin (28 Decercber 1996) ;
(d) Those responsible for the violations of the right to life in the
following cases had been brought to justice:
E/CN. 4/1997/60/Add. 1
page 62
(i) Mat Juri: the security officer involved had been sentenced
to five years imprisonment and dismissed dishonourably from
the service for causing death by negligence in maintaining
weapon safety (28 Decercber 1996);
(ii) The Liquiza incident: the two officers responsible had been
sentenced by a military court to four years' imprisonment
and had been dishonourably discharged from the army
(28 Decer er 1996) ;
(iii) Sudarmono: the military court had sentenced the three
responsible officers to 14 years' to 9 months' to 5 months'
imprisonment (28 Decer er 1996) ;
(iv) Marsinah: those found guilty had been punished in
accordance with the law (28 Decer er 1996) ;
(v) Martinus Kibak and 10 unidentified persons: the Government
stated that, in the incident of 31 May 1995 in Hoea,
security forces had killed 10 armed separatists in the
course of a security operation, but that no Clergyman named
Martinus Kibak and no women and children had been among
them. The Government informed the Special Rapporteur that
the incident had been examined by a military investigation
team and the National Corcoeission on Human Rights, which had
subsequently recorcoeended that those responsible should be
brought to justice. On 1 February 1996, the military court
had handed down a verdict that the officers involved were
guilty of violating standard operation procedures, causing
loss of life. The officers had been discharged
dishonourably from their duties and sentenced to terms of
imprisonment ranging from one to four years. The Government
observed that this case showed that the National Corcoeission
did not lack independence and that its reconr endations were
not ignored by the Government (27 June 1996 and
20 October 1996) .
(e) The following cases are still under investigation or sJi judice :
(i) Lamsir Bin Pawiro Pandi: the responsible Forest Police
officer was charged with causing death by negligence in
regard to the arms firing procedure (28 Decer er 1996) ;
(ii) Djatmiko: the responsible guards had been arrested
ircoeediately and were being held in custody, awaiting a
decision of the Indonesian Supreme Court (28 Decercber 1996) ;
(iii) Syamsul Bahri: the arresting officers had been found,
brought before the Medan Military Court and charged with
conduct unbecoming and homicide (28 Decercber 1996) ,
E/CN. 4/1997/60/Add.1
page 63
237. In addition, the Government replied to the urgent appeal sent
on 26 April 1996 jointly with the Special Rapporteur on freedom of opinion and
expression and the Special Rapporteur on torture on behalf of university
students who had taken part in demonstrations. The Government informed the
Special Rapporteur that Syaiful Bya, Andi Sultan Iskandar and Tasrif, not
Adnan as wrongly alleged, had drowned when they had jumped into the Pampang
River in the chaotic situation resulting from the intervention of security
officers in the demonstration, which had become violent. The Government
further informed the Special Rapporteur of several steps taken by the
authorities to investigate the incident (10 May 1996) .
238. In regard to the allegations of a general nature transmitted by the
Special Rapporteur, the Government denied the allegations that independent
human rights monitoring in Irian Jaya and East Timor had become very
difficult, noting that ICRC and journalists, including foreign journalists,
had unrestricted access to both areas. Moreover, the Government indicated
that it did not wish to reply to the allegations made regarding the National
Conr ission on Human Rights, since such a reply could be viewed as an attempt
to tamper with the work of the Commission. Referring to the general
allegations regarding alleged extrajudicial, arbitrary or summary executions
in East Timor, the Government stated that it failed to understand that an
inquiry was being entertained into allegations which could not be processed as
individual allegations (27 June 1996) .
239. The Special Rapporteur also received a communication from the Government
in response to his request for further information on a nurcber of cases. In
the cases of Mat Jun and Sudarmono the Government informed the Special
Rapporteur that compensation had been provided by order of the court. The
amount of that compensation was equivalent to the sum that would have been
acquired and saved by the deceased during his lifetime. In addition, the
court had requested the State to provide free education for the family. In
the cases of Lamsir Bin Pawiro Pandi, Djatmiko and Syamsul Bahri, the
Government stated that the court had sentenced the perpetrators to seven
years' imprisonment, nine years' imprisonment, and six years and five months'
imprisonment respectively (20 October 1996) .
Follow—un
240. The Special Rapporteur sent a letter to the Government requesting
further information and/or clarification in regard to the investigation of the
following cases: Nelson da Costa Mello Ribeiro and two unidentified persons,
Yanto (alias Sumeri) , Tony Mantondang, Jupri, Kadimum, Acan (alias Warsan) ,
John Ceking, Ramin Rakujian, Nuryudin Raboeani, Hartono, Sulaiman/Maman, Denny
Irawan, M. Amsir, Kuat Ginting, Humala Hutarabat (alias Wol Poltak) , Nurahman
(alias Mejing Bin Taryadi), Majalengka, Lamsir Bin Pawiro Pandi, Djatmiko,
Syamsul Bahri, Martinus Kibak and 10 unidentified persons. In regard to the
cases of Mat Jun and Sudarmono, the Special Rapporteur inquired whether the
families of the deceased had received compensation, and, if so, what type and
what amount.
E/CN. 4/1997/60/Add. 1
page 64
Observations
241. The Special Rapporteur thanks the Government of Indonesia for its
cooperation and in particular for its detailed replies in regard to many
alleged violations of the right to life transmitted to it.
242. The Special Rapporteur wishes to express his concern over the alleged
occurrence of violations of the right to life resulting from the excessive use
of force by Indonesian security forces. In this context, he calls on the
Government to ensure that force used by security forces should be in
accordance with the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials.
243. Having in mind the reply of the Government of 27 June 1996, the Special
Rapporteur feels that there is a need to comment on the nature of general
allegations. As stated in his report of 1994 (E/CN.4/1994/7, para. 29),
besides transmitting allegations in individual cases, the Special Rapporteur
transmits allegations of a more general character to Governments concerned.
As a means to describe an alleged situation better, general allegations may
also include information received by the Special Rapporteur which cannot be
transmitted as individual allegations because the reports received do not
contain all the required details to take this kind of action.
244. Regarding the proposal of the Government of Indonesia that he contact
Korcrias HAM directly, the Special Rapporteur observes that he is requested to
communicate to Governments through the Ministry of Foreign Affairs and
therefore cannot address himself directly to Komnas HAM.
245. The Special Rapporteur regrets that the Government of Indonesia refused
to provide further information as requested by the Special Rapporteur in his
follow—up corcoeunication regarding cases previously transmitted. What the
Government calls an attempt to retransmit similar allegations is in fact
nothing more than a request for additional information in cases where the
original government reply did not put the Special Rapporteur in a position to
evaluate adequately an alleged violation of the right to life, mainly because
the Government did not respond to the questions put by the Special Rapporteur
in his letter.
246. Finally, the Special Rapporteur would like to observe that he never
received any reactions from the Government to the report he prepared following
his visit to Indonesia and East Timor in 1994.
247. In respect to the Government's concerns about a wchange in the working
methods of the mandate on extrajudicial, arbitrary or summary executions, the
Special Rapporteur would like to state that any changes in regard to the
questions included in a letter to a Government do not constitute a change in
working methods. The questionnaire is designed to indicate to the Government
what kind of information is required by the Special Rapporteur to enable him
to form a conclusion on the merits of the allegations. The fact that the
Special Rapporteur has not explicitly asked whether the alleged facts are
accurate does not preclude the Government from advancing new facts and
corrections, nor does it mean that the Special Rapporteur concludes that the
allegations are true.
E/CN. 4/1997/60/Add.1
page 65
Iran (Islamic Republic of)
Information received and conr unications sent
248. As in previous years, the Special Rapporteur continued to receive
reports regarding the lack of procedural safeguards in trials before Islamic
Revolutionary Courts leading to the imposition of the death penalty.
Executions in the form of hanging, stoning and shooting were reported to
continue to take place after trials which allegedly fall short of
internationally recognized fair trial standards. In addition, information
indicating the application of capital punisboeent for crimes such as espionage,
drug—trafficking, adultery and murder has also been received. Reports
received indicate moreover, an increase in the nurcber of executions recorded
in 1996. Thus, while approximately 50 executions were allegedly recorded in
1995, more than 70 were said to have taken place from January to August 1996.
Information received from various sources suggested, however, that the nunter
is believed to be much higher.
249. In addition, allegations concerning a new wave of violence, including
murders, of Iranian exiles living abroad, as well as information regarding
attacks on Iranian Kurds in Iranian and Iraqi Kurdistan by Iranian forces have
also reached the Special Rapporteur.
250. For an in—depth analysis of the situation of human rights in Iran, the
Special Rapporteur refers to the reports of the Special Rapporteur on the
situation of human rights in the Islamic Republic of Iran,
Mr. Maurice Copithorne (A/51/479 and Add.1; E/CN.4/1997/63) .
251. The Special Rapporteur sent seven urgent appeals on behalf of the
following persons:
(a) Dhabihu'llah Mahrani, an adherent of the Baha'i faith, reportedly
sentenced to death by Branch N.1 of the Islamic Revolutionary Court of Yazd on
charges of apostasy (14 February) ;
(b) Kayvan Khalajabadi and Bihnam Mithaqi, reportedly sentenced to
death on the basis of their adherence to the Baha'i faith (24 April 1996);
(c) Raboean Rajabi, reportedly sentenced to death for his activities in
the Kurdish Democratic Party of Iran (KDPI) , a Kurdish group engaged in armed
opposition to the Government (12 January, 17 January 1996 and 18 July 1996) .
The Special Rapporteur learned with regret that, despite the urgent appeals
sent on behalf of Raboean Rajabi, he had been executed in Ouroumieh prison on
28 July 1996;
(d) Ahmed Bakhtari, reportedly sentenced to death by an Islamic
Revolutionary Court, allegedly for charges including activities for an illegal
opposition group, sedition and armed robbery. Shortly after, the Special
Rapporteur was informed that Ahmad Baktari was executed in Evin prison in
Tehran (9 February 1996) ;
E/CN. 4/1997/60/Add. 1
page 66
252. In addition, the Special Rapporteur transmitted a joint urgent action
with the Special Rapporteur on the question of torture, on behalf of Mehrdad
Kavoussi, an Iranian asylum—seeker in Turkey and a mer er of the People's
Mojahedin Organization of Iran, reportedly arrested by the police in Agri,
eastern Turkey, and forcibly returned to Iran on the same day (6 May 1996) .
253. Furthermore, the Special Rapporteur transmitted allegations of
extrajudicial, summary or arbitrary executions concerning the following
persons:
(a) Iranian expatriates reportedly killed outside Iran between
February and May 1996, allegedly by men acting under the orders of the Iranian
authorities: Zahra Rajabi, a leading figure in the Iranian People's Mojahedin
Organization and mer er of the National Council of Resistance of Iran, and
PJDdol-ali Moradi, killed in Istanbul, Turkey; Abdol-Malek Mollahzadeh and
Abdol—Nasser Jamshid—Zehdi, both Iranian Sunni religious figures, killed in
Karachi, Pakistan; Hamed Reza Rahmani, a mer er of the People's Mojahedin
Organization of Iran, killed in Baghdad, Iraq; Dr. Reza Mazlouman, an Iranian
opposition publisher who had been active in the opposition group, the Flag of
Freedom Organization, reportedly found dead in his apartment in the outskirts
of Paris, France;
(b) Aziz Bahrian, Seyyed Mirza Ghorbani and five other non—identified
individuals, reportedly killed on 20 April 1996 during a demonstration in
Lorestan province in Iranshah township, near the city of Nahavand. According
to the information received, mercbers of the Pasdaran reportedly opened fire on
the demonstrators, killing at least 7 persons and wounding 12 others;
(c) Ali Reza Farzaneh, reportedly thrown from an 18th floor balcony by
armed policemen who raided the apartment in Tehran where he was celebrating
his birthday in April 1996.
Conr unications received
254. The Government of the Islamic Republic of Iran provided information
regarding urgent appeals and allegations transmitted in previous years and in
1996. Regarding the killing of the Reverend Mehdi Dibah, the Government of
Iran informed the Special Rapporteur that three women, mer ers of the
Mojahedin Khalqh Organization (MKO) , were responsible for the killing of the
Christian pastor and that, after having pleaded guilty, they had been
sentenced to terms ranging from 20 to 30 years' imprisonment. Mercbers of the
same organization were also responsible for the killing of Bishop Kaik
Howsepian Mehr, reportedly abducted and later found dead after leading a
campaign for the release of the Reverend Mehdi Dibaj . The Government
furthermore informed the Special Rapporteur that the cases of Bishop Kaik
Hwosepian Mehr and the Reverend Mikhaelian were still under investigation
(10 January 1996) .
255. With respect to the urgent appeal sent on 17 July 1995 on behalf of
Saba'Abd'Ali and Zaynab Haydani, allegedly at risk of execution after having
been sentenced to death for adultery, the Government stated that Saba' A bd'Ali
had been arrested on charges of having illegitimate relation with another,
married man, and was handed over to the judicial authorities. No verdict had
E/CN. 4/1997/60/Add.1
page 67
been issued at the time of the government reply. According to the Government,
the allegation regarding Zaynab Haydari was baseless as she had been never
arrested (10 January 1996) .
256. Concerning the case of Ali Akbar Sayidi Sirjani, a writer who was
reported to have died in custody, the Government stated, that the autopsy
report revealed that he had died of cardiac/respiratory insufficiency and
disease of the blood vessels and its complications (10 January 1996) .
257. The Government also provided additional information regarding
Mohanr ad Ziaie, a Sunni Muslim leader, reportedly found dead beside his car.
Authorities confirmed that he had died as a result of a car accident
(10 January 1967) .
258. In addition, the Government provided information on the urgent appeal
sent on behalf of Yashar Parvis Sasoun, reportedly sentenced to death on
charges of having links with Zionism. The Government explained that he had
been arrested on charges of espionage and treason and that, after trial, his
case had been sent to the Supreme Court for the final decision
(10 January 1996) .
259. Regarding the allegations of death in custody of Feizollah Makhoubat,
the Government stated that he had been arrested in 1993 on charges of
espionage and sabotage and, after trial, had been lawfully sentenced to death
and executed thereafter. According to the Government, the allegations sent
were baseless (10 January 1996) .
260. In connection with the execution of Fazel Khodadad, a businessman
reportedly sentenced to death for an economic offence, the Government replied
that he had been tried in a pJilic court and sentenced to death. The sentence
had been confirmed by the Supreme Court and he had later been executed
(25 January 1996) .
261. Regarding the urgent appeal sent on behalf of Dhabiollah Mahrami, the
Government indicated that the Supreme Court had rejected the verdict issued by
the judge in Yazd owing to the lack of competence of the court considering the
case, and that his case had been referred to a competent court for
reconsideration (21 February 1996) .
262. The Government also sent a reply concerning the case of Ahmad Bakhtiari,
stating that he had been arrested on charges of being a mercber of a terrorist
group and participating in terrorist operations, subversive acts, armed
robbery and illegal possession of arms. Following due process of law he had
been sentenced to death by the Tehran 5th Branch of the Islamic Revolutionary
Court. The sentence had been confirmed by the Supreme Court and, following
appeal by the defendant, the case had been referred to the Amnesty Council
(26 February 1996) . The Government further informed the Special Rapporteur
that the death sentence on Rahman Radjabi had been confirmed by the Supreme
Court and his appeal had not been accepted. On 29 July 1996 he had been
executed in Uromieh prison (28 October 1996) .
E/CN. 4/1997/60/Add. 1
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263. Through a letter addressed to the Special Rapporteur on the situation of
human rights in Iran, dated 29 February 1996, the Government asserted that
Raboean Rajabi had been arrested on charges of his merifiership in an armed
terrorist group and participation in the assassination of civilians in
Kurdistan. Following due process of law, he had been sentenced to death; that
sentence had been confirmed by the Supreme Court. In the same conr unication
the Government also informed the Special Rapporteur that Rahman Rajabi could
still appeal for amnesty to the Aoenesty Council.
264. Regarding the urgent appeals which the Special Rapporteur had sent on
behalf of Kayvan Khalajabadi and Bihnam Mithaqi, the Government stated that
the death sentences had not been confirmed and that they had still the
possibility of recourse, under article 31 of the Law of the General Courts
(8 May 1996) .
Follow—un
265. The Special Rapporteur sent a letter to the Government of Iran,
requesting further information on the case of Haji Moharcoead Zia'ia after being
informed by the source that despite the fact that an investigation concluded
that he had died in a car accident, eye—witness continued to report otherwise.
It was brought to the Special Rapporteur's attention that his mutilated body
had been found separately from the car and did not bear signs which would
suggest an accident. In the same conr unication, the Special Rapporteur
reminded the Government of those cases concerning which no reply had yet been
received.
Observations
266. The Special Rapporteur wishes to thank the Government of Iran for the
replies provided. However, he notes that these replies, particularly in cases
of capital punisboeent, do not address the Special Rapporteur's concerns about
fair trial guarantees in proceedings before Islamic Revolutionary Courts. The
Special Rapporteur finds himself in a situation where, with growing concern,
he continues to receive allegations of serious procedural shortcomings before
Islamic Revolutionary Courts. In this context, he reiterates his call on the
Government to respect the rights of those facing the death penalty, as
contained in the pertinent international legal instruments.
267. In view of the increasing nunter of allegations of killings of mercbers
of the political opposition to the Government outside the Islamic Republic of
Iran, allegedly by individuals reportedly linked to the Iranian security
forces, the Special Rapporteur calls on the Iranian authorities to make every
effort to investigate these allegations, to make their results public, and to
ensure that the perpetrators of such crimes are brought to justice.
Iraq
Information received and conr unications sent
268. The Special Rapporteur received information indicating that numerous
violations of the right to life occurred in the course of security operations
in northern Iraq reportedly conducted jointly by armed forces of the
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page 69
Government of Iraq and forces of the Kurdish Democratic Party. The operations
were reportedly targeted against any person or group considered hostile to the
Government of Iraq. Persons killed in the course of the events reportedly
included mercbers of armed units of opposition parties and other mer ers of
these groups, among them many students. According to the sources, the nunter
of those killed in these operations is estimated to be in the hundreds.
269. In addition, the Special Rapporteur received several reports regarding
the killings of Kurds and Assyrians by Kurds in northern Iraq.
270. For an in-depth analysis of the situation of human rights in the
country, the Special Rapporteur refers to the reports of the Special
Rapporteur on the situation of human rights in Iraq, sJ mitted to the
General Assently at its fifty-first session (A/51/496 and Add.1) and to the
Conr ission on Human Rights at its fifty-third session (E/CN.4/1997/57) .
Conr unications received
271. The Governoeent provided a reply concerning several cases sent
during 1995. With regard to the 200 persons, among them at least
100 civilians, killed in clashes in the town of Al—Ramadi in the governorate
of al—Anbar, the Governoeent informed the Special Rapporteur that these
allegations were factually incorrect and based on rumours. Regarding the
death of Yar—Ali Gartabar Firouz, Ibrahim Salimi, Seyed Hossein Sadidi,
Affat Haddad and Feresheth Esfandiari, five menters of the Iranian Mojahedin—e
Khalq organization who were reportedly killed in two separate incidents in
Baghdad, on 17 May 1995 and 10 July 1995, the Government replied that the
individuals responsible for those killings had all been killed in the latter
incident, with the exception of one, who had confessed that they had been
working for the benefit of Iran by engaging in acts of assassination and
sabotage against the Mojahedin-e-Khalq organization in return for monthly
salaries (8 Decercber 1995) .
Israel
Information received and conr unications sent
272. Information received by the Special Rapporteur indicates that violations
of human rights conr itted by the Israeli Defence Forces, including violations
of the right to life, have not ceased. Victims of such violations have mainly
been of Palestinian origin. Reports received indicate that the situation
appears to have deteriorated in the West Bank and Gaza, since the new
Government of Israel led by Prime Minister Benyamin Netanyahu, came into
power.
273. Information regarding the operation wGrapes of Wrath” carried out in
April 1996, suggested the existence of deliberate and indiscriminate attacks
against civilians. Information regarding attacks by Hizbullah on populated
areas in northern Israel were also received by the Special Rapporteur. In
addition, information about clashes between the Israeli Defence Forces, the
Palestinian police and Palestinian demonstrators, which reportedly led to a
high nurcber of casualties, has also been received.
E/CN. 4/1997/60/Add. 1
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274. Furthermore, the Special Rapporteur received alarming reports suggesting
that a large nur er of Palestinian prisoners have died in Israeli detention
facilities, mainly during 1995. Reportedly they were interrogated and
tortured by other inmates. According to the information received, despite the
fact that the prison authorities appeared to have been aware that these events
were taking place, they did not intervene to prevent or stop them.
275. On 19 April 1996, the Special Rapporteur transmitted an urgent appeal
to the Israeli authorities, appealing to the Government to ensure the right to
life and physical integrity of the civilian population in the south of
Lebanon. According to the information received, Israel and the South Lebanese
Army (SLA) had reportedly called on the population to leave the area south of
the Litani River or risk injury or death. As a result, around 400,000 people
were reportedly forced to leave their homes in a 30—kilometre—wide strip of
south Lebanon. Up to 165 civilians were allegedly killed during attacks, most
of them Lebanese civilians. In one incident on 18 April, at least 60 persons,
many of them women and children, were reportedly killed, when artillery shells
hit a United Nations compound in the village of Qana which had reportedly
provided refuge to some 400 civilians. On the same day, 11 persons were
reportedly killed in the to n of Nabatiyeh, including a mother, her
four-day-old baby and six other children.
276. In addition, the Special Rapporteur transmitted allegations of the
deaths in custody of the following Palestinian prisoners, who reportedly died
in Israeli detention facilities after being interrogated and tortured by other
inmates: ‘Abd Al-Fattah Sa'id Al-Rantasi, who reportedly died on
10 Septer er 1995 while in custody in the Ashkelon prison; Abd-Al-Nabi
Quanaze, who reportedly died in Ketziot Military Detention Centre on
15 Septer er 1995; Muharcoead Mousa Abu—Shaqra, a student in the faculty of
commerce at Bir Zeit, who reportedly died in the Keziot Military Detention
Centre on 7 October 1995, according to the information received, the autopsy
reportedly stated that his life could have been saved if appropriate and
ircoeediate first aid had been administered; ‘Pkd Al-Rahman Al-Kilani, who
reportedly died on 1 February 1996 at Oz Megiddo Military Detention Centre.
According to one of the doctors who took part in the autopsy at the request of
the family, the subject died as the result of severe beating, which reportedly
took place 6 to 12 hours before his death; ‘Adel'Ayad Yusef Al—Shehetit, a
student at Hebron University, who reportedly died on 15 February 1996 at
Oz Megiddo Detention Centre.
277. Furthermore, the Special Rapporteur requested the Government of Israel
to provide him with information regarding the alleged summary execution on
5 January 1996 of Yahia Ayyash, suspected of involvement in several suicide
borifiings, including the explosion of a bus in central Tel Aviv, in 1995.
Reportedly, an explosive device had been implanted in his mobile telephone and
was detonated whilst he was using it. According to the information received,
the Israeli Internal Security Intelligence Service, Shin Bet, appeared to be
responsible for the killing.
278. The cases of Omar Khamis al Ghoula, reportedly arrested and killed in
January 1993 by Israeli soldiers at his home in the Gaza Strip, and
Saleem Mowafi, reportedly killed by mercbers of an Israeli special unit in
Rajab in February 1994 were also sent to the Government.
E/CN. 4/1997/60/Add.1
page 71
279. Moreover, the Special Rapporteur sent a letter to the Government
referring to the incidents which took place in late Septer er 1996 in the
Gaza Strip and the West Bank, following spontaneous popular demonstrations
which took place in protest at the opening of a tunnel near the Muslim holy
sites in the old city of Jerusalem and which involved stone throwing.
According to the information received, Israeli soldiers responded to the stone
throwing by firing live anr unition into crowds of Palestinian civilians.
Reportedly, Palestinian police were also fired on by Israeli soldiers and
returned fire. While some sources suggested that 86 Palestinians and
16 Israelis were killed during the incidents, others referred to
68 Palestinians killed. The Special Rapporteur was provided with information
according to which the following 17 Palestinians were killed during the
incidents: Nura Musa Fans Abu Sa'ad, aged 17; Qasim Suleiman Moharcoeed
Al—Njaili, aged 15; Moharcoeed Hassan Al—Bayumi, aged 17; Hani Jalal Moharcoeed
Musa, aged 17; Rizg Zidan Suleiman Al—Hawajri; Ahmad Salim Hussein Al—Najar;
Mohanr ed ‘Pkdul Karim Al-Astal, aged 14; PJidul Majid Saleh Mohanr ed Hamad;
Mohanr ed Fathi Rizg Hasballah; Hazim Fawzi Rushdi Sager; Rashad Khader
Mohanr ed Abu Tuha; Hassan Moharcoeed Hassan Al-Yazji; Ala Usama Shurab;
Sami Abed'Abdul'Aziz Tafish; Ahsraf Mohanr ed Ahmed Mahdi; Basil Ibrahim Na'im;
and Amin Mohanr ed Jaber Barbakh, aged 17 (18 October 1996) .
Follow—un
280. The Special Rapporteur sent a follow—up letter to the Government of
Israel, bringing to its attention additional information received from the
sources regarding the killings of Abdulsamad Harizat and Ibrahim Khader
Ibrahim Id'eis, cases transmitted to the Government in 1995.
281. Regarding Abdulsamad Harizat, who reportedly died in Hadassah Hospital
on 25 April 1995 as a result of head injuries inflicted by mercbers of the
Israeli Security Services during interrogation, the source further informed
the Special Rapporteur that the report of the investigation into his death,
allegedly conducted by the Department of Investigations of the Police, had not
been made pJilic. It was also brought to the Special Rapporteur's attention
that the victim's lawyer was initially only allowed to have the conclusions of
the report. Furthermore, information received suggested that
Abdulsamad—Saad Harizat was shaken to death.
282. In connection with the death of 16—year—old Ibrahim Khader
Ibrahim Id'eis, reportedly killed by mer ers of the Israel Defence Forces on
1 July 1995 while passing a military checkpoint near Tel Al—Rumeida, Hebron,
the source informed the Special Rapporteur that investigations carried out by
the Israeli military authorities had concluded that the action undertaken by
the soldiers was justified, as the youth reportedly attacked a soldier and
stabbed him with a knife, prompting other soldiers to open fire on him.
According to the information provided by the source, the Israeli authorities
reportedly claimed that no witnesses were found to sjistantiate that the
attack perpetrated on the youth was arbitrary. However, the source pointed
out that, according to witnesses, Ibrahim Khader Ibrahim Id'eis was not in
possession of a knife at the time of the incident and that he was not seen
attacking any of the soldiers. Allegedly, after having had a conversation
with a soldier at a checkpoint the victim walked away and 20 metres from the
checkpoint he was shot.
E/CN. 4/1997/60/Add. 1
page 72
283. The Special Rapporteur requested the Government to provide conr ents
and/or observations regarding this information and reminded the Government of
the cases in regard to which a reply had yet to be received.
Observations
284. The Special Rapporteur expresses deep concern about the incidents which
took place in late Septer er 1996 in the West Bank, Gaza and East Jerusalem,
which led to a high nurcber of casualties. He calls on the authorities to do
their utmost to curb violence in Israel and the territories under its control.
In this sense, he urges the Government to ensure that the force used in
response to demonstrations, even those that are violent, is in accordance with
the Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials, in order to prevent extrajudicial, suoemary or arbitrary executions.
Those responsible for extrajudicial executions should be brought to justice
and the families of the victims compensated.
285. He expresses dismay at allegations of deaths in custody as a result of
torture by other inoeates in Israeli detention centres. He calls on the
authorities to prosecute and bring to justice all those who, through action or
omission, are found responsible for the death of persons held in custody.
286. Furthermore, he reiterates the need for the peace agreements to be
implemented as a way to strengthen respect for the right to life in the
country.
Jordan
Information received and conr unications sent
287. The Special Rapporteur transmitted an urgent appeal to the Government of
Jordan on behalf of Mustafa Sulaiman ‘Abd al—Latif Abu Hamid, whose death
sentence was reportedly confirmed by the Court of Cassation on 12 June 1996
and was reportedly being considered for clemency by King Hussein bin Talal.
According to information received, he confessed to the crime after severe
torture during pre—trial detention. Following his arrest in April 1995, he
was reportedly held for one month in police custody without charge and without
access to a lawyer (4 July 1996) . The Special Rapporteur was later informed
by the source that the death sentence had been conr uted to life imprisonment
in early October 1996.
Kazakstan
Information received
288. The Special Rapporteur received information indicating that a very large
nurcber of death sentences were passed and carried out annually in Kazakstan.
It was reported that in response to an allegation sent by an NGO that during
1995 101 executions had been carried out, the Government had stated that those
nurcbers were not correct and that during the indicated period 63 persons had
been executed. The Special Rapporteur was also informed by the source that
relatives are informed in writing of the execution and do not have the right
to receive the body or to know the place of burial.
E/CN. 4/1997/60/Add.1
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Observations
289. The Special Rapporteur is concerned about the information brought to his
attention regarding the death penalty. In this respect, he urges the
Government of Kazakstan, in accordance with paragraph 5 of the Implementation
of the safeguards guaranteeing protection of the rights of those facing the
death penalty, approved by the Economic and Social Council in its
resolution 1989/64 of 24 May 1989, “to pJ lish, for each category of offence
for which the death penalty is authorized, and if possible on an annual basis,
information about the use of the death penalty, including the nur er of
persons sentenced to death, the nurcber of executions actually carried out, the
nurcber of death sentences reversed or conr uted on appeal and the nurcber of
instances in which clemency has been granted”.
Kenya
Information received and conr unications sent
290. It was brought to the Special Rapporteur's attention that prison
conditions in Kenya are very harsh because of overcrowding, insanitary
conditions and lack of adequate food, clothing, blankets and basic sanitary
provisions. A large nunter of deaths among prisoners is reported to result
from the aforementioned conditions, in which infectious diseases spread
easily. The Special Rapporteur was informed that, in October 1995, the
Minister for Home Affairs announced that over 8,000 prisoners had died since
the beginning of that year. The majority of them reportedly died from AIDS,
meningitis, malaria and typhoid.
291. Furthermore, the Special Rapporteur received reports indicating that
during the first eight months of 1995 police officers had killed a
considerable nunter of alleged or suspected criminals. According to the
source, in most of these cases it seemed that internationally recognized
standards regarding the use of force were not respected.
292. The Special Rapporteur transmitted two urgent appeals to the Government
of Kenya. He sent one urgent appeal on behalf of Seth Sendashonga,
Simeon Nsengiy imva and other Rwandan nationals currently residing in Kenya,
when fears for their lives were expressed after Seth Sendashonga, former
Rwandan Minister of the Interior, and Simeon Nsengiyumva reportedly survived
an assassination attempt in Nairobi, Kenya, carried out by three men of
Rwandan nationality, one of them allegedly a mercber of the Rwandan Patriotic
Army (RPA), and following other reported attacks on Rwandan nationals residing
in Kenya (1 March 1996) . The same urgent appeal was also transmitted to the
Government of Rwanda. The second urgent appeal was sent by the Special
Rapporteur on behalf of Joseph Boit Kemei and Samuel Kiptoo after a Kenyan
high court in Nakuru ruled on appeal that the two men, who had previously been
convicted by a lower court to prison terms for robbery with violence, should
have received death sentences. It was also alleged that they were not
represented by legal counsel during the appeal procedure (4 March 1996) .
293. In addition to the above allegations of a general nature and the urgent
appeals, the Special Rapporteur transmitted allegations of extrajudicial,
summary or arbitrary executions regarding the following persons:
E/CN. 4/1997/60/Add. 1
page 74
(a) Nahashon Chege, who reportedly died at Pangani police station,
Nairobi, on 1 April 1995 as a result of torture;
(b) Lieutenant John Kubwana, an army officer from Uganda, who
reportedly died in April 1995 in Bungoma hospital as a result of injuries
inflicted by security agents. According to the source, on 23 April 1995 the
victim was kidnapped from his home in tale district, Uganda, by Kenyan
security agents;
(c) Sergeant Martin Obwong, a prison officer attached to the
industrial area remand prison in Nairobi, who reportedly died on 18 March 1995
following his release from Makongeni police station in Nairobi. He had
reportedly been arrested the previous night and been beaten by police officers
at the police station;
(d) James Nomi Kangara, Abel Mwaura Kimani, Frances Njoroge Chiira,
reportedly killed on 7 June 1995 by police officers in the Pangani area of
Nairobi. Whereas it had been reported that they were killed when they
attempted to fire on the police officers while being taken to their hide—out,
the Special Rapporteur was informed that there was credible evidence that all
three men had been tortured and that, when they were taken to their hide—out
on 6 June 1995, their hands were handcuffed behind their backs and they were
guarded by over 40 heavily armed police officers.
Conr unications received
294. The Government provided a reply to the urgent appeal sent on
4 March 1996 on behalf of Joseph Boit Kemei and Samuel Kiptoo, informing the
Special Rapporteur that the Court of Appeal had detected an error in the
ruling of the trial court, which had no power to pass any other sentence but
the mandatory death sentence for the offence of robbery with violence
(13 March 1996) .
295. The Government also provided a preliminary response concerning the case
of Rosemary Nyar ura transmitted on 25 Septer er 1995 informing the Special
Rapporteur that the case is sub judice (18 March 1996) .
296. In regard to the urgent appeal sent on 1 March 1996 on behalf of
Seth Sendashonga and Simeon Nsengiyumva, the Government informed the Special
Rapporteur that the information transmitted corresponded to the Government's
report on the findings concerning the incident. It was also brought to the
Special Rapporteur's attention that the persons held responsible were arrested
at the scene of the crime but that one of the suspects, a Rwandan diplomat who
until his arrest was based at the Entassy of Rwanda in Nairobi, could not be
prosecuted because the Government of Rwanda refused to waive his diplomatic
ircoeunity (9 May 1996) .
Follow—un
297. The Special Rapporteur sent a follow—up corcoeunication to the Government
of Kenya reminding it of the cases transmitted earlier during 1996 in regard
to which no reply had yet been received and requesting the Government to
inform him of the outcome of the proceedings in the case of Rosemary Nyarcbura.
E/CN. 4/1997/60/Add.1
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Observations
298. The Speoial Rapporteur thanks the Government of Kenya for the replies
provided. The Special Rapporteur is concerned about the large nurcber of
deaths occurring in custody and urges the Governoeent to take all necessary
measures to avoid further deaths in custody and to ensure that prison
conditions conform to the norms enshrined in the Standard Minimum Rules for
the Treatment of Prisoners, in particular regarding living conditions and
medical services.
Kuwait
Information received
299. The Special Rapporteur received information in which concern was
expressed that the Government failed to conduct adequate investigations into
violations of the right to life which took place during the period of martial
law ircoeediately after the Iraqi occupation in February 1991. The source was
only aware of one case in which the person responsible for such an execution
was brought to justice.
300. It was also brought to the Special Rapporteur's attention that
on 25 April 1996, the Parliament of Kuwait reportedly passed a law, according
to which the mandatory imposition of capital punishment was extended to
include people using children to trade in narcotics, those repeatedly
convicted of trafficking and officials assigned to fight the narcotics trade
who themselves trade in drugs.
Liberia
Information received
301. The Special Rapporteur received distressing reports indicating that many
thousands of civilians continued to be direct or indirect victims of the war
in Liberia. It was reported that fighting in Monrovia during April 1996
claimed more than a thousand lives, the nur er of civilians among them was not
reported. It was also reported that a massacre took place on
28 Septer er 1996 at Sinje, Grand Cape Mount County, in which 17 civilians
were killed and many were wounded, and which forced approximately 1,000 others
to flee. Moreover, information was received indicating that, owing to
factional fighting, relief assistance could not reach thousands of severely
malnourished civilians, including many children, in Grand Cape Mount County,
with the result that many died and the lives of others were seriously
endangered.
Observations
302. The Special Rapporteur welcomes the arrangements made by the
United Nations Observer Mission in Liberia (UNOMIL) , in pursuance of its
mandate on human rights and on verification of cease—fire violations, to
investigate the massacre which took place on 28 Septer er 1996 in Sinje.
E/CN. 4/1997/60/Add. 1
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303. The Special Rapporteur is concerned that, despite the peace agreement
reached at Abuja on 17 August 1996, factional fighting reportedly persisted in
Liberia. He is shocked by the seemingly total lack of respect for the right
to life of civilians by mer ers of all the warring factions. The Special
Rapporteur calls on all cor atants to respect at all times international human
rights and humanitarian law standards and to take steps to allow free passage
of essential relief assistance. Moreover, the Special Rapporteur notes with
extreme concern that in Liberia the total impunity enjoyed by perpetrators,
owing to the absence of an effective judicial system, is the principal cause
of the perpetuation of violations of the right to life.
Malaysia
Information received and conr unications sent
304. The Special Rapporteur has received reports indicating a prevalence of
abuses in camps for detained migrants, including a series of deaths allegedly
caused by malnutrition, ben—ben and other treatable illnesses. According to
the source, in April 1996 the Ministry of Home Affairs of Malaysia was
reported to have said that 71 detained migrants, of whom 37 were from
Bangladesh, had died in the camps since 1992, and that these deaths had not
been caused by abuse or torture. It was also reported that in Septer er 1995
a visitor's panel was appointed to study the conditions in the camps, and that
by May 1996 they had carried out only one visit and had not pJ lished any
findings. The Special Rapporteur requested the Government to provide him with
information in this regard, in particular concerning the procedures applied by
the visitor's panel, and in respect to the outcome of the investigation and
publication of findings.
305. The Special Rapporteur also transmitted an urgent appeal on behalf of
Mohamed Yusof Said who was reportedly facing ircoeinent execution after the
Federal Court in Kuala Lumpur had rejected his appeal on 9 February 1996.
According to the information received, he was sentenced to death in 1992 for
trafficking 1.3 kilograms of cannabis, in accordance with the provisions in
Malaysia's Dangerous Drug Act, which makes the possession of at least 15 grams
of heroin, 1,000 grams of opium or 200 grams of cannabis mandatorily
punishable by the death penalty. It was alleged that a person caught in the
possession of such a quantity of drugs has the burden of proving his innocence
as he is presumed to be guilty (4 March 1996) .
Conr unications received
306. The Government provided a reply to the urgent appeal sent on
4 March 1996 on behalf of Mohamed Yusof Said. The Government responded that
the allegation that a person caught in possession of the mentioned quantity of
drugs was presumed to be guilty and had the burden of proving his innocence
was inaccurate. The presumption deals with the principle that a person is
deemed to be trafficking in dangerous drugs unless the contrary is proved or
the presumption was rebutted. The Government also informed the Special
Rapporteur that the aim of the law was to allow the prosecution to rely on
E/CN. 4/1997/60/Add.1
page 77
that presumption by shifting the burden of proving that the quantity of drugs
found in the possession of the accused was legal, but that the overall burden
of proof lay with the prosecution and that the overall standard was “beyond
reasonable doJ t” (23 April 1996) .
Observations
307. The Special Rapporteur thanks the Government for its cooperation with
the mandate. He wishes to mention that as a fundamental element of the right
to a fair trial, the presumption of innocence, inter alia , means that the
burden of proof in a criminal trial lies on the prosecution and that the
accused has the benefit of the doubt. The Special Rapporteur therefore
considers that section 37 (da) of the Dangerous Drugs Act, which partially
shifts the burden of proof to the accused, does not provide sufficient
guarantees for the presumption of innocence and may lead to violations of the
right to life, in particular since the crime of drugs trafficking carries a
mandatory death sentence. He therefore urges the Government to amend its
Dangerous Drugs Act so as to bring it into line with international standards.
Morocco
Information received and conr unications sent
308. The Special Rapporteur drew the Moroccan Government's attention to
allegations that the body of Mohamed El Bachir Moulay Ahmed had been found
near a military barracks on the beach of El Ayoun on 29 October 1995. He had
previously been arrested by the Moroccan Territorial Security Division (DST) ,
and had reportedly been placed in isolation at the Kallat Mgouna high security
penal colony and sJijected to ill—treatment.
309. In reply to the report of the Special Rapporteur (see E/CN.4/1996/4,
paras. 325—326), which emphasized that no reply had been received from the
Government concerning the allegation, transmitted in 1995, that Lahcen Kaidi
had been subjected to ill-treatment and had corcoeitted suicide while in prison,
the Government informed the Special Rapporteur that it had sent a letter dated
14 October 1995 in relation to the case. According to the information
provided by the Government, the K nitra prosecutor's office had ordered an
autopsy, which had found no correlation between Lahcen Kaidi's death and the
ill—treatment to which he was said to have been sJijected, and had confirmed
that he had died by hanging. The Government also emphasized that a
preliminary investigation had been carried out at the place of death and that
no sign of negligence or ill—treatment had been discovered. Consequently, it
had been decided to terminate the proceedings.
Conr unications received
310. The Moroccan Government informed the Special Rapporteur that the body of
Mohamed El Bachir Leili Ben Moulay Aboeed had been discovered on
28 October 1995. According to the forensic physician's report, the body had
shown no signs of violence and he had probably drowned. The Government
pointed out that the deceased had suffered from psychiatric problems
(14 October 1996) .
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page 78
Mauritania
Follow—un
311. The Special Rapporteur reminded the Mauritanian Government that he had
received no reply concerning the allegation, transmitted in 1995, that
Sow Amadou Pamarel had been killed by mercbers of the security forces during a
routine check on 10 October 1994 which had reportedly resulted in the wounding
of several persons.
Mauritius
312. The Special Rapporteur welcomes the passing, in August 1996, by the
Parliament, of a bill abolishing the death penalty for all offences in
Mauritius.
Mexico
Information received and conr unications sent
313. Many reports of violations of the right to life in Mexico were received
during 1996. There were twice as many reports of threats and intimidation as
in previous years; whereas 6 urgent appeals were sent in 1994 and 9 in 1995,
the nur er rose to 19 in 1996. The victims of these threats were primarily
human rights activists, journalists, leaders of peasant and indigenous
organizations, and mer ers of political parties or religious conr unities.
314. The Special Rapporteur sent 19 urgent appeals to the Governoeent of
Mexico, urging the authorities to take all necessary measures to protect the
lives and ensure the safety of the following persons who, unless otherwise
stated, had received death threats, presumably from mercbers of the police
and/or security forces:
(a) Human rights activists:
(i) Rocio Culebro, coordinator of the National Network of Civil
Human Rights Organizations, wTodos los Derechos para Todos”
(All Rights for Everyone) , who had received death threats
shortly before travelling to submit the Network's report on
the massacre in Aguas Blancas to the Inter—American
Conr ission on Human Rights (17 January 1996);
(ii) Lourdes Feiguerez, investigator for the Binational Human
Rights Centre, and Victor Clark, head of the Centre, who had
received telephoned death threats at the organization's
office in Tijuana, Baja California. The threats were
presumed to be related to their work on a case involving the
torture of five young people by three State Judicial Police
officers (23 January 1996);
(iii) Teresa Jardi, a lawyer and human rights activist, and Juli n
Aridrade Jardi, her son, a lawyer and counsellor for the
National Human Rights Corcoeission (CNDH), who had received
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death threats presumably motivated by their investigations
into human rights violations involving the security forces.
H ctor Guti rrez Ugalde, employed at the home of
Teresa Jardi, is also reported to have received death
threats (10 April 1996);
(iv) Jos Luis Robledo and Sonia Lara, activists in the
organization Coordinaci6n de Solidaridad con las Luchas
Alternativas (COSLA) , who had received 10 telephoned death
threats as a result of their conr unity work for the
above-mentioned organization (10 April 1996) . The Special
Rapporteur sent another urgent appeal on behalf of
Francisco Saucedo, director of COSLA and mercber of the
National Council of the Democratic Revolutionary Party
(PRD) , and his wife, Yolanda Tello, after being informed
that they had been sJ jected to intimidation and harassment
(29 April 1996) . The Special Rapporteur sent a second
urgent appeal on behalf of the mer ers of COSLA after
learning that on 17 May 1996 H ctor Luis Romo GarduLto,
Francisco Saucedo's bodyguard, had been murdered and that
threatening messages were still being sent to Mr. Saucedo's
home (5 June 1996) .
(v) Pilar Noriega and Digna Ochoa, lawyers for the Miguel
Agustin Pro Ju rez Human Rights Centre (PRODH) and menters
of the National Democratic Lawyers' Front, who had received
two anonymous death threats left at the main office of
PRODH. Both lawyers were reportedly defending individuals
accused of mercJiership of the Zapatista National Liberation
Army (EZLN) . This urgent appeal was sent jointly with the
Special Rapporteur on the Independence of Judges and Lawyers
(14 August 1996) . The two Special Rapporteurs sent a second
urgent appeal on behalf of the lawyers after being informed
that they were still receiving death threats. In the second
appeal, they added a request for protection for
Father David Fern ndez D valos, director of PRODH, who had
also received threats (24 October 1996) .
(b) Indigenous rights advocates:
(i) Patricia Ibarra Torres, a student working at a centre for
indigenous corcoeunities, who received threats at her home in
Mexico City (9 February 1996);
(ii) Alfredo Zepeda, a Jesuit priest, and Concepci6n Hern ndez
M ndez, a lawyer, who received death threats presumably
motivated by their work as advocates for the rights of the
Nahuatl, Otomi and Tepehua indigenous conr unities in the
Huasteca region of the State of Veracruz (27 June 1996) ;
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(iii) Ofelia Medina, a human rights activist and defender of the
rights of indigenous peoples, who had received a series of
threatening telephone calls in which she was told that she
might have some kind of accident (19 August 1996) ;
(iv) Mercbers of the Southern Sierra Peasants' Organization
(OCSS) , who had received death threats from governoeent
forces in connection with their activities on behalf of the
local peasant and indigenous population. The security
forces reportedly accused OCSS of having links with the
armed opposition group, the People's Revolutionary Army
(ERP) (9 July 1996);
(v) Leticia Moctezuma Vargas, a mer er of the Tepoztecan Unity
Conr unity (CUT), an indigenous peasants' organization, who
had received death threats presumed to have been sent by the
police. Concern for her physical safety increased when, in
April 1996, a CUT mercber was killed after mer ers of the
Morelos Judicial Police halted the caravan in which they
were travelling and fired several shots;
(c) Witnesses and persons who have reported human rights violations:
(i) Paula Galeana Balanzar, the widow of one of the 17 peasants
killed in the Aguas Blancas massacre, Rocio Mesino Mesino,
OCSS leader, and Alba Elia Hurtado, a witness to the events
in Aguas Blancas, who had been threatened by individuals
presumed to be officials of the State of Guerrero government
because they had criticized the role of the State of
Guerrero authorities in the Aguas Blancas massacre
(20 February 1996) ;
(ii) Relatives of the 17 peasants killed at Aguas Blancas and
witnesses to the massacre, who were reportedly being
intimidated and threatened because of their investigations
and pJilic accusations of the State of Guerrero authorities.
Fears for their safety increased with reports that
Jos Rojas Hern ndez, Isaias Rojas Osorio, Benigno Figueroa
Alguisira, Mauro Altamirano Osorio and H ctor Aguilar
Negrete, relatives of three peasants reportedly murdered by
mercbers of the State and Federal Judicial Police, had also
been murdered by mer ers of the State Judicial Police while
travelling to Acapulco in an attempt to learn what had
happened to their relatives (23 February 1996) .
(d) Journalists:
(i) Ninfa Deandar, owier of the State of Tamaulipas newspaper,
La Mafiana de Nuevo Laredo , Raymundo Ramos and JesCis L6pez
Tapic, a journalist and editor of the same newspaper, who
had received death threats reportedly linked to articles in
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the newspaper stating that senior officials in the
Tamaulipas governoeent had been involved in cases of
corruption and drug trafficking (28 February 1996);
(ii) J 05 Barr6n Rosales, a journalist with Radio Huayacocotla,
an independent radio station which broadcasts in the
languages of indigenous peoples, and a hard—working activist
for the rights of indigenous peoples in the State of
Veracruz, who had been attacked and shot at in the El Llano
community (28 February 1996);
(iii) Gina Bautista, a journalist and programme director for the
television channel, Canal 40, who was fired on in her car by
several unidentified men in a vehicle in Mexico City
(10 April 1996);
(iv) Journalists participating in a press conference called by
the ERP, among them Rashiy Gonzflez, editor of the weekly
magazine Contra unto , and Leticia Hern ndez, editor of the
State of Guerrero newspaper Ex reso and correspondent for
the national newspaper Excelsior . The Special Rapporteur
also expressed concern for the life and physical safety of
the following journalists after being informed that a mercber
of the Guerrero Government Procurator's Office had made
statements in the newspaper La Cr6nica accusing them of
collaborating with the guerrillas: Gloria Leticia Diaz,
Maribel Guti rrez, Kenia Guzm n P rez, Rolando Aguilar,
Sergio Flores Hern ndez, Jorge Arriaga Garduf o, Angel Blanco
Morales, Mario Garcia Rodriguez, Juan Arigulo, Juan Jos
Guadarama, Carlos OEnez Cruz, Oscar Basave, Javier Trujillo,
H ctor OEllez, Un Barreda, Misael Habana, Alejandrino
Gonzflez, Ezequiel Fierro, Daniel Fierro, Daniel Genchi,
Arturo Luna, Julio Manuel MiLAn, Alberto Ramirez, Roberto
Campos, RaCil V zquez, Javier Maci d Meza, Luz Aoealia Orona
and Heriberto Ochoa (3 October 1996) .
(f) Mercbers of political parties:
Bernardo Ranferi Hern ndez Acevedo, PRD deputy, who had been
subjected to persecution, threats and intimidation by government
officials because of his activities in support of the human rights
of peasants and his work with relatives of the victims of the
Aguas Blancas massacre. After his attendance at the forty—eighth
session of the 5Ji—Comission on Prevention of Discrimination and
Protection of Minorities and subsequent return to Mexico, the
Special Rapporteur expressed concern that Mr. Hern ndez Acevedo
might be subjected to incresed threats and harassment
(18 Septercber 1996) .
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(g) Mercbers of the Catholic Church:
Bishop Samuel Ruiz, a crucial mediator in the peace negotiations
between the Government and the EZLN, who had been attacked while
driving in Chamula, Chiapas, and Rafael Vera, Auxiliary Bishop of
San Crist6bal de las Casas, Chiapas, who is also said to have been
threatened (19 August 1996) .
315. The Special Rapporteur also sent an urgent appeal calling for the
necessary measures to be taken to protect human rights activists
Alberto VeOEzquez, Guillermo Godinez Ramirez, Ricardo Ayala L6pez,
Jaime Ramirez Maza and Francisco Molina Cortez, the Jesuit priests
Eugenio Maurer Abal6s, Pablo Olivares Martinez, Jos Avil s and Rafael Vera,
and other mer ers of the Jesuit conr unity after being informed that mercbers of
the paramilitary group, Los Chincholines, an armed group of young men which
allegedly takes orders from the local mayor, who is a mercber of the
Institutional Revolutionary Party, had raided the town of San Jer6nimo,
Bachaj6n, Chiapas, and threatened the activists. The Special Rapporteur was
concerned about the possibility of an escalation of violence in San Jer6nimo
and the surrounding area (14 May 1996) .
316. He also requested the authorities to take the necessary measures to
protect the life and ensure the safety of Liliana Flores Benavides, director
of the Uni6n Nacional de Productores Agropecuarios, Comerciantes, Industriales
y Prestadores de Servicio, El Barz6n, A.C., in Nuevo Le6n, who had received
several death threats (9 July 1996) .
317. The Special Rapporteur also transmitted to the authorities the reports
he had received concerning the extrajudicial, summary or arbitrary execution
of 15 identified and 14 unidentified persons, as described below:
(a) The following PRD mercbers were reportedly killed between June and
October 1995 by police officers: Jos Reyes Montano, who was beaten to death
in Azoyu; Andr s Velazquez Nava, who was killed in Pilcaya; Mauro Morales
Maganda, who was killed in Florencia Villareal; and Miguel Angel Lazaro
S nchez, who was killed in HuamuxtitiAn.
(b) The following persons reportedly died while in detention:
Efr n Rodriguez and five other unnamed prisoners who are said to have been
killed on 3 May 1995 when National Police officers entered the Puente Grande
Centro de Adaptaci6n Social (CERESO) , a prison in the State of Jalisco, in
order to put down a revolt.
(c) The following persons were, unless otherwise stated, reportedly
killed during 1995 and 1996: Juan Tellez Garcia, a Mixtec indian, who was
killed in the conr unity of Barrio Nuevo San Jos , Guerrero, presumably by
mercbers of the Guardia Blanca (privately employed bodyguards) ; Alejandro
Pacheco Garcia, who died in Tuxpan, Iguala, after being shot by a police
officer; Artemio and Benjamin Radilla Caro, who were killed by mercbers of the
Judicial Police and Motorized Police in the El Pars conr unity, municipality of
Atoyac de Alvarez; Marcos Olmedo Gutierrez, who died of gunshot wounds
inflicted by the Morelos Judicial Police near the town of Cruz de San Rafael,
while driving from Ayala—Tlaltizapan to Chinameca; Nicolas Hern ndez
E/CN. 4/1997/60/Add.1
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Hern ndez, shot dead by police officers who, with mercbers of a paramilitary
group, raided the Cantollano conr unity in the municipality of IxhuatOEn de
Madero, Veracruz; Fidel Hern ndez Catalina, who was killed soon after being
arrested by State Police officers while returning to his home in the
Tlanchinolapa district of Chapopote Chico, Veracruz; and Mariano G6mez L6pez,
Manuel G6mez L6pez and nine other persons who were killed in January 1994 by
mercbers of the Mexican armed forces who had reportedly entered a Mexican
Social Security Institute hospital in Ocosingo.
318. The Special Rapporteur also transmitted to the Governoeent the case of
Jos de JesCis Torres Redondo, aged 14, who had died of gunshot wounds in
January 1996 after Jiquilp n (Michoac n) municipal police officers fired on a
speeding car carrying a group of young people.
Conr unications received
319. The Governoeent of Mexico provided information concerning many of the
allegations transmitted by the Special Rapporteur.
320. By a letter dated 29 Novercber 1995, the Governoeent of Mexico provided
information on the measures taken to guarantee the safety of mercbers of the
Archdiocese of San Cristobfl de las Casas and, specifically, on investigations
into the case of Father Javier Ruiz Velasco.
321. With regard to the death of Neftali Ruiz Ramirez, a gay activist
presumed to have been murdered by a State Judicial Police officer, the
Special Rapporteur was informed by a letter of 7 Decer er 1995 that the person
accused of the murder had been prosecuted. The judge of first instance had
acquitted the accused, and that verdict had been confirmed by the criminal
division of the State of Chiapas High Court of Justice. The Government
subsequently informed the Special Rapporteur, by a letter dated
30 October 1996, that the person responsible for the murder was not a police
officer.
322. Also by a corcoeunication of 7 Decer er, the Government provided
information concerning Abraham Polo Uscanga, a Mexican High Court judge, who
was assassinated in June 1995; it stated that the Public Prosecutor's Office
was investigating the case. The Governoeent further reported that, in order
not to hinder the investigation, some of the facts elicited concerning the
identification of the suspect had not been made pJ lic. A copy of the autopsy
report was appended.
323. By a conr unication of 12 Decercber 1995 concerning the case of Rolando
and Atanacio Hern ndez Hern ndez, the Governoeent reported that a nurcber of
State of Veracruz police officers had been arrested and accused of the murder
of the two Indians. A copy of recorcoeendation No. 62/94 of the Veracruz Human
Rights Conr ission was enclosed. In a later corcoeunication, it was stated that
an appeal was being processed by the CNDH on the grounds that the authority
accused of responsibility for the deaths had ignored that recorcoeendation.
324. On 16 January 1995, the Government informed the Special Rapporteur that
investigations into the deaths of Artemio Robledo and Higinio S nchez had been
initiated. With regard to the urgent appeals sent on behalf of
E/CN. 4/1997/60/Add. 1
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Jos Lavanderos Yafiez, the Government informed the Special Rapporteur that the
victim had lodged a complaint with the Government Procurator in the Federal
District, thereby initiating a preliminary investigation. He had been offered
protection but had rejected it, and later reported that the threats had
ceased.
325. By letters dated 6 and 28 February 1996, the Government informed the
Special Rapporteur that Rocio Culebro had lodged a complaint with the Public
Prosecutor's Office, stating that she had received threats. Judicial Police
officers had offered to provide her with protection in order to ensure her
safety, but she had refused the offer.
326. By a conr unication of 20 February 1996, the Government informed the
Special Rapporteur with regard to the urgent appeal on behalf of Lourdes
Feiguerez and Victor Clark that the latter had stated that he had not lodged
any criminal complaint. The Binational Human Rights Centre requested
appropriate support from the Attorney—General's Office and the State Judicial
Police.
327. In connection with the Aguas Blancas massacre, the Government of Mexico
transmitted the text of the Supreme Court judgement and stated that the Court
had found, inter alia , that there had been a serious violation of individual
guarantees, that there had been liability on the part of the State governor
and other senior State officials, and that the State government had adopted an
wattitude of deception, scheming and concealment of the truth , putting
forth an artificial version of the facts and attempting to convince the public
that the massacre had resulted from an attack on the police by OCSS mercbers.
The Special Rapporteur was also informed that criminal proceedings had been
initiated against former officers and conr anders of the State Police, who had
been accused of homicide, wounding and abuse of authority, and against former
officials of the State of Guerrero (6 and 28 February, and 8 May 1996) .
328. By a letter dated 20 March 1996, the Government replied to the reports
that peasant mer ers of the OCSS had been murdered in La Floida, State of
Guerrero. The OEcpan de Galeana pJilic prosecutor's office initiated a
preliminary investigation into the deaths of Agapito Rojas Hern ndez,
Miguel Rojas Cort s and Genero Martinez Reyes, which it was treating as
homicides. A similar preliminary investigation was initiated against a
conr ander and an officer of the State Judicial Police in connection with the
deaths of Jos Rojas Hern ndez, Isaias Rojas Osorio, Mauro Altamirano Osorio,
Benigno Figueroa Alquisiras and H ctor Aguilar Negrete; the accused were
placed at the disposal of the Tenth Criminal Court in Acapulco. And a
preliminary investigation was initiated into the murder of Marco Antoni
Fierro Camacho.
329. By a conr unication dated 8 May 1996, the Government informed the Special
Rapporteur that the Federal District Human Rights Conr ission (CDH) had
received no official complaint concerning threats to, or intimidation of,
Gina Bautista. By the same letter, the Special Rapporteur was informed that
Sonia Lara and Jos Luis Robledo had lodged a complaint with the Federal
District CDH, requesting the General Supervisor for Human Rights (Government
E/CN. 4/1997/60/Add.1
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Procurator's Office) and the Federal District Secretary for PJilic Safety to
take the appropriate measures to guarantee their safety. The CDH had decided
that the matter should be discontinued on the grounds that the person or
persons responsible for the threats had not been identified.
330. By a conr unication of 8 May 1996, the Government informed the Special
Rapporteur that a preliminary investigation had been initiated and an
identikit picture issued of one of the persons suspected of the abduction of
H ctor Guti rrez. With regard to the case of Juli n and Ricardo Aridrade
Jardi, the Special Rapporteur was informed that the victims were under the
protection of the Directorate—General of the Judicial Police and had the
support of the Office of the General Supervisor for Human Rights (Federal
District Government Procurator's Office) .
331. The Government also informed the Special Rapporteur that the Federal
District CDH had received no formal complaint concerning threats against
Yolanda Tello, and that Francisco Saucedo had lodged a complaint with the
National Human Rights Corcoeission (CNDH), requesting that he should be provided
with protection and that an investigation should be carried out. The CDH had
requested the Federal District Government Procurator's Office to take measures
to guarantee his safety.
332. On 30 May 1996, the Special Rapporteur was informed that Raymundo Ramos
had declared, at State Judicial Police headquarters, that he did not wish to
lodge a complaint at that time and did not believe that the persons
responsible for the threats were associated with the Government.
333. In reply to the urgent appeal sent by the Special Rapporteur concerning
the acts of violence perpetrated in San Jer6nimo, Bachaj6n, Chiapas, by a
paramilitary group known as “Los Chincholines”, the Government stated in a
letter dated 6 June 1996 that the CNDH had requested the government of Chiapas
to take a nunter of preventive measures and to inform it of the action taken.
The government of Chiapas reported that the measures taken had included the
following: 130 security officers had been hired at the San Jer6nimo
cooperative, Bachaj6n; measures had been taken to protect the Jesuits at the
mission in Chil6n, the Little Sisters of Mary Inr aculate and the Sisters of
the Divine Shepherd; a preliminary investigation had been opened in order to
establish the illicit acts conr itted by “Los Chincholines”; and the displaced
families in Bachaj6n had been given every kind of assistance by the State
Civil Protection Unit.
334. By a conr unication of 12 June 1996, the Special Rapporteur was informed
that the State of Guerrero CDH, the CNDH and the State of Guerrero Government
Procurator's Office had no record of any complaint or report of threats to, or
intimidation of, Paula Galeana Balanzar, Rocio Mesino and Alba Elia Hurtado.
It was also stated that, in accordance with the Supreme Court decision
concerning the Aguas Blancas case, the competent Mexican authorities would,
upon request, take measures to protect persons filing complaints from physical
harm, intimidation and threats.
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335. With regard to the threats to, and attack on, the journalist Jos Barr6n
Rosales, the Governoeent informed the Special Rapporteur, by a corcoeunication of
16 July 1996, that a warrant had been issued for the arrest, on a charge of
attempted homicide, of the suspect, who was not a mercber of the police or any
public agency; the offence was of a non—political nature.
336. By a conr unication of 11 Septer er 1996, the Special Rapporteur was
informed that Ofelia Medina had not lodged an official complaint concerning
the threats that she had received, but she had met with the Chairman of the
Federal District CDH in order to inform him of the threats. The Chairman had
asked the victim for a detailed written account so that he could bring it to
the attention of the authorities and provide her with protection. That
account was never received. The Special Rapporteur was also informed that
Samuel Ruiz Garcia had denied that he and Rafael Vera had been attacked.
337. With regard to the death in detention of Efr n Rodriguez and five other
prisoners, the Governoeent confirmed the allegations transmitted by the
Special Rapporteur. Pursuant to CNDH recorcoeendation No. 98/95, an
administrative investigation to determine the responsibility of the officers
who had been involved in the incident had been opened but had not yet been
completed.
338. On 1 October 1996, the Government informed the Special Rapporteur that
no complaint had been lodged by Pilar Noriega or Digna Ochoa, but the CNDH had
requested the Federal District Governoeent Procurator's Office and the
Secretariat for Public Safety to take measures to protect them.
339. By a conr unication dated 22 October 1996, the Government provided
information concerning the deaths of NicoOEs Hern ndez and Marcos Olmedo
Guti rrez. It stated that on the day in question, the State Police
headquarters had sent several police officers to IxhuatOEn de Madero,
Veracruz, where there were a nurcber of individuals suspected of corcoeitting
ordinary crimes for whose arrest warrants had been issued. Before arriving at
their destination, the police officers had been attacked and, during the
ensuing clash, NicoOEs Hern ndez had been killed. The State of Veracruz CDH
had issued recorcoeendation No. 41/95 concerning the incident, but that
reconr endation had not been accepted by the Director of Public Safety. With
regard to the death of Marcos Olmedo Guti rrez in Tlaltizap n, Morelos, the
CNDH had requested the government of the State of Morelos to take a nurcber of
precautionary measures. The State of Morelos Government Procurator's Office
had reported that 60 police officers charged with abuse of authority,
11 charged with the offence in question, and 2 senior officers were being held
in pre-trial detention. The CNDH had issued reconr endation No. 39/96
concerning the incidents in Tlaltizap n. The Government informed the Special
Rapporteur that no complaint had been lodged in the case of Fidel Hern ndez
Catalina, but that the competent authorities had been instructed to carry out
an investigation.
340. By a letter of 23 October 1996, information was provided on the
detention of Hilario Mesino Acosta, who was being held in the CERESO in
Acapulco, Guerrero. He was scheduled to be tried for offences unrelated to
his work as an OCSS activist or to his participation in the ERP and had been
released on bail, which had been set at 80,000 pesos.
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341. By a conr unication of 24 October 1996, the Government provided
information on the cases of Reyes Panagos Martinez, Aritelmo Roblero Roblero,
Ausel S nchez P rez and Jos Rito Solis Martinez, and on the case of the
inhabitants of Ejido Nueva Palestina, municipality of A ngel Albino Corzo. In
this regard, a copy of CNDH recorcoeendation No. 61/96 was attached. By the
same conr unication, the Governoeent requested additional information on a
nurcber of cases which involved threats and had been previously transmitted by
the Special Rapporteur (see E/CN.4/1996/4, para. 308).
342. By a conr unication dated 30 October 1996, the Special Rapporteur was
also informed, concerning the case of the journalist Rashiy Gonzflez, that the
CNDH had called for an investigation but that, after being interviewed, the
victim had stated that he could not identify his captors, who had not
identified themselves as public officials. Protection for the journalist's
mother had also been requested.
Follow—un
343. The Special Rapporteur requested further details concerning the cases of
Neftali Ruiz Ramirez, Abraham Polo Uscanga — the Federal District High Court
judge, Higinio S nchez Hern ndez, and the Aguas Blancas massacre. He
expressed concern at the alarming increase in the nurcber of reports received
during the current year, which was almost double that of previous years.
Developments with reqard to the request to carry out a mission to Mexico
344. On 22 August 1995, the Special Rapporteur, alarmed by reports of a
deterioration of the situation in Mexico, requested the Governoeent to issue an
invitation for him to visit the country (see E/CN.4/1996/4, para. 320) . On
16 August 1996, he reiterated his desire to visit Mexico. By a letter dated
27 August 1996, the Mexican Arcbassador informed the Special Rapporteur that
his request had been transmitted to the competent authorities. The
Special Rapporteur was also told that an invitation had been extended to the
Special Rapporteur on torture.
345. By a letter of 14 October 1996, the Special Rapporteur requested the
Government's permission to carry out a joint mission with Mr. Nigel Rodley,
the Special Rapporteur on torture, since the evaluation and analysis of
questions relating to protection of the right to life and the right to
physical integrity were closely linked. Very shortly before this report was
finalized, the Special Rapporteur was informed that the Governoeent would
consider the possibility of inviting him after the Special Rapporteur on
torture had completed his visit to Mexico.
Observations
346. The Special Rapporteur is deeply concerned about the increase in the
nurcber of allegations, particularly concerning threats to, and intimidation of
human rights activists in Mexico. While he welcomes the efforts made by the
CNDH, he regrets that its recorcoeendations have not always been implemented and
requests the authorities to ensure that they are complied with. He urges the
Government to take measures to protect persons who have received death
threats. He had hoped to be able to carry out a joint visit with the Special
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Rapporteur on torture, because of the close relationship between their
mandates and in order to avoid duplication. He regrets that, shortly before
the completion of this report, he was informed that a joint visit could not
take place, and he invites the Governoeent to reconsider its position.
Moldova
Information received
347. The Special Rapporteur was informed that Moldova had abolished the death
penalty for all crimes as a result of a unanimous vote in the country's
Parliament on 8 Decercber 1995 to remove the death penalty from the country's
Penal Code.
Follow—un
348. The Special Rapporteur sent a follow—up corcoeunication reminding the
Government of cases transmitted in previous years to which no reply had yet
been received.
Myanoear
Information received and conr unications sent
349. The Special Rapporteur received reports indicating that the Myanoear
security forces continued to kill unarmed civilians during counter—insurgency
operations against ethnic minority armed opposition groups. Kayin (Karen)
civilians reportedly continued to be especially affected by these operations.
It was reported that Kayin civilians fleeing from troops as they approached
villages were shot dead in what appeared to be a de facto shoot—to—kill policy
against anyone who runs from the Myanoear armed forces. Others were reportedly
killed because the armed forces suspected them of supporting the Karen
National Union (KNU) . Moreover, according to the source, villagers seemed to
be killed at random in an effort to terrorize villagers into severing their
alleged connection with KNU soldiers.
350. For an in-depth analysis of the human rights situation in the
country, the Special Rapporteur refers to the reports submitted by the
Special Rapporteur on the situation of human rights in Myanmar,
Mr. Rajsoomer Lallah, to the General Asser ly at its fifty—first session
(A/51/1466) and to the Conr ission on Human Rights at its fifty—third session
(E/CN.4/1997/64) .
351. The Special Rapporteur transmitted to the Government of Myanmar
allegations of violations of the right to life in regard to the following
persons:
(a) Reportedly killed by mer ers of the armed forces:
(i) Kyaw Ye Sail, Too Pho, Shwe Aung and U Plaw Toh, following
their arrest;
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(ii) U Than Mein and U Maung Lwin while performing portering
duties;
(iii) Way Myat Paw, Pa Kyaw, Tah Ko Hwee, Yweh Htoo Pa and Tah Eu
Phoo;
(b) Reportedly killed by mer ers of the armed forces and the
Democratic Karen Buddhist Army (DKBA) : Kyaw Pa, Saw Eu Poh, Kyaw Aye and
Win Mya Htoo;
(c) James Leander (Leo) Nichols, who had served as honorary consul for
Norway and had represented Denoeark, Finland and Switzerland, and who
reportedly died in detention on 22 June 1996 in Rangoon General Hospital. It
was alleged that during his detention he had been denied his medication and
that he had been deprived of sleep during long interrogations prior to his
death (16 July 1996) .
Conr unications received
352. The Governoeent provided a response concerning the case of James Leander
(Leo) Nichols informing the Special Rapporteur that he had died of natural
causes from cardiac disease, and that during his detention he had been well
looked after and given full and proper medical attention (28 October 1996) .
Follow—un
353. The Special Rapporteur transmitted a follow-up letter to the Government
requesting further information on the cases of Maung Kyaw Pu and Saw Tah Kee,
after additional information from the source of the allegations was received
indicating that mercbers of the Myanoear armed forces had informed mercbers of
the victims' family that they had been executed by Light Infantry
Battalion No. 9. The Governoeent responded that they had never been arrested
or detained by mer ers of the Myanmar armed forces. The Special Rapporteur
also reminded the Government of the cases transmitted during 1995 concerning
which no reply had yet been received.
Observations
354. The Special Rapporteur wishes to thank the Government for the reply
provided concerning the case of James Leander (Leo) Nichols, but regrets at
the same time that no reply was received concerning all other alleged cases of
extrajudicial, stioemary or arbitrary executions transmitted during 1995
and 1996. The Special Rapporteur also regrets that in regard to the death of
James Leander Nichols the authorities did not accept that an independent
autopsy be conducted.
355. The Special Rapporteur is concerned about the persistent reports of
violations of the right to life of Kayin civilians by mercbers of the Myanoear
armed forces and the DKEA. The Special Rapporteur once more urges the
Government to investigate the allegations, to bring those responsible to
justice, to provide compensation to the victims or their families and to take
necessary measures to prevent the recurrence of such incidents.
E/CN. 4/1997/60/Add. 1
page 90
Nepal
Information received and conr unications sent
356. The Special Rapporteur transmitted allegations of violations of the
right to life in regard to the following 18 persons:
(a) Reportedly killed by police officers while in custody:
Man Bahadur Rawal and Man Bahadur Oh, reportedly thrown over a cliff by
police officers on 29 February 1996 in Jajarkot district; Bin Bahadur Pariyar,
allegedly tortured following his arrest on 31 March 1996 and then shot;
Labori Budha, Inderjit Pun, Jaidhan Thapa, shot and killed on 19 March 1996 in
Khungri VDC, Rolpa District, following or during their arrest; Iman Singh
Rokha, who died in custody in a hospital after he had allegedly been severely
tortured at Libang police station;
(b) Reportedly killed by police officers in various circumstances:
Chakra Bahadur Shrest, Man Kumari Shrest and Joy Bahadur Shrest, killed in
Kakri VDC-2, Rukum District, on 17 March 1996; Jokhe Pun and Jog Bahadur Pun,
killed by police officers in Pwang VDC, Chipkhola, Rukum District, on
12 March 1996; Man Bahadur Khatri Chetri, Dal Bahadur Khatri Chetri,
Pashupati Khatri Chetri, Kal Bahadur Khatri Chetri, Khadga Bahadur Khatri
Chetri and Nara Bahadur Khatri Chetri, all reportedly shot and killed on
27 February 1996 in Leka, Rukum District.
Follow—un
357. The Special Rapporteur sent a reminder to the Government concerning the
cases transmitted earlier during 1996 to which no response had yet been
received.
Observations
358. The Special Rapporteur regrets that at the time of the finalization of
the present report, no reply had been received from the Governoeent. The
Special Rapporteur is concerned about the considerable nunter of allegations
received regarding violations of the right to life corcoeitted by police
officers and calls on the Governoeent to prevent the future occurrence of such
violations, to investigate the allegations, to bring those responsible to
justice and to provide compensation to the victims' families.
Netherlands
Information received and conr unications sent
359. The Special Rapporteur transmitted an urgent appeal to the Government on
behalf of Rashid Nour Hassan, a Somali national who was reportedly facing
ircoeinent expulsion to Somalia, where, according to the information received,
he would be at grave risk of extrajudicial, summary or arbitrary execution
owing to his being a close relative of someone who was a secret service
officer at the time of President Siad Barre; in addition, he reportedly had
reasonable grounds to fear reprisals from me n ters of his own tribe or, in any
case, could not count on their protection (29 May 1996) .
E/CN. 4/1997/60/Add.1
page 91
Ni car a u a
Information received and conr unications sent
360. The Special Rapporteur transmitted to the Governoeent of Nicaragua
allegations of violations of the right to life conr itted by security forces.
361. The following persons were reported to have died during demonstrations:
Ernesto Porfirio Diaz, a university employee, and Jeronimo Urbina, a
third—year engineering student, who died in Decer er 1995 as a result of
injuries sustained during a student demonstration in Managua calling on the
Government to allocate 6 per cent of the national budget to the universities.
Frankin Benito Borge Velazquez and Enrique Montenegro Estrada died during a
confrontation between demonstrators and National Police officers, in the
Rubenia district of Managua on 17 May 1995.
362. The Special Rapporteur also transmitted an allegation concerning the
death in January 1995 of 15 persons, including 11 mercbers of the wMeza Rearmed
Group”, two civilians and two soldiers, who were killed in an attack by
mercbers of the Sandinista People's Army on the vehicle in which they were
travelling in Cuesta la Maraf 6n, Department of Nueva Segovia.
Follow—un
363. The Special Rapporteur also sent a follow—up letter to the Government to
remind it that he had not received a reply concerning any of the cases
transmitted.
Observations
364. The Special Rapporteur regrets that no reply to his conr unications has
been received. He urges the Governoeent to conduct thorough and impartial
investigations into any allegation of a violation of the right to life in
order to identify those responsible and bring them to justice, and to provide
appropriate compensation to the victims or their families.
Ni Qeria
365. Pursuant to Corcoeission on Human Rights resolution 1996/7 9, the
Special Rapporteur, together with the Special Rapporteur on the independence
of judges and lawyers, Mr. Param Cumaraswamy, sought an invitation from the
Government of Nigeria in order to carry out an on site fact—finding mission to
the country in 1996.
366. As was requested in that resolution, the two Special Rapporteurs had to
report their findings in an interim report to the General Asser ly, as well as
to the Conr ission on Human Rights. In view of the fact that no mission had
taken place by the time the Special Rapporteurs sJ mitted their interim report
(A/51/538) to the General Asser ly on 18 Novercber 1996, it was based on
information received up to that time. The Special Rapporteur therefore wishes
to refer to that report, as well as to their special joint report on the
situation of human rights in Nigeria (E/CN.4/1997/62) .
E/CN. 4/1997/60/Add. 1
page 92
367. By the time the present report was finalized, no concrete progress
regarding the requested visit to Nigeria had been made.
Pakistan
Information received and conr unications sent
368. A multitude of reports indicating the widespread occurrence of
violations of the right to life in Pakistan continued to be received
throughout 1996. A large nunter of reports made reference to alleged cases of
violations of the right to life, including deaths in custody in Sindh and its
capital, Karachi. While information received from various sources suggests
that armed opposition groups are responsible for part of the violence
perpetrated against civilians, it was also reported that law enforcement
personnel are often directly responsible for human rights violations.
Repeatedly, the Special Rapporteur received reports indicating that the bodies
of persons allegedly killed in an warmed encounter” displayed various signs of
torture.
369. The Special Rapporteur sent an urgent appeal jointly with the
Special Rapporteur on torture, Mr. Nigel Rodley, expressing fear for the lives
of Syed Ashraf Ali, Syed Naushad Ali, Syed Nusrat Ali, Moharcoead Saleem,
Tanvir Adil Siddiqui, Ovais Siddiqui and Azizi Mustafa after they had been
arrested and detained incorcoeunicado (5 March 1996) .
370. Furthermore, the Special Rapporteur sent an urgent appeal on behalf of
Tariq Hasan who had reportedly received death threats from the authorities.
According to the source, Hasan was allegedly warned by a particular police
officer that bringing the situation to the attention of human rights
organizations could have serious consequences for him (23 July 1996) .
371. In addition, the Special Rapporteur transmitted to the Government
in 1996 several allegations of violations of the right to life in regard to
the following persons:
(a) Who were reportedly killed in what police later described as an
warmed encounter” with wterrorists : Sheikh Mukhtar and Iqbal Memon, both
without any political affiliation, shot and killed by a group of paramilitary
Rangers reportedly acting under the supervision of the army in the context of
a cordon—off and search operation in Hyderabad; Wajed Ali Safdar, reportedly
an eyewitness to the murder of two workers of the Mohajir Quami Movement
(MQM) , killed in North Karachi by mercbers of the police; Farooq Putney,
Javed Michael, Ghaffar Mada and Hanif Turk, MQM menters; Mohanr ed Ghazanfar,
Mohanr ad Imran and three unidentified persons shot and killed during a police
operation in Korangi; and Moharcoead Khalid Jehangir, shot and killed in Karachi
by menters of the police;
(b) Who reportedly died in custody: Moharcoeed Ahmed, Sohrab, Javed and
two unidentified persons, arrested and sJisequently shot and killed in
Nazimabad; Moharcoead Kamil alias Mohanr ad Hanif, tortured and killed in
Hyderabad; Nasir Hussain and Arif Hussain, relatives of the founder and leader
of the MQM, arrested and executed in Gadap; Feroze Uddin alias Wasi Uddin,
Mohanr ad Ali alias Moharcoead A 3 njb and Pervez Akhther Qureshi alias
E/CN. 4/1997/60/Add.1
page 93
Mohanr ad Ishtiaq, killed in Karachi; Fahim Farooqi alias Fahim Conr ando,
Zeeshan Haider Abedi and Yousuf Rizwan, arrested and executed in Nazimabad;
Muktar Masih, tortured to death while being held in Lahore; and
Mohanr ed Ahmed, who died as the result of the refusal of appropriate medical
treatment;
(c) Who were reportedly killed by mer ers of Haqiqi, an armed faction
allegedly supported by the Government: Rashid Ali Mairaj, kidnapped from his
store by three identified Haqiqi mer ers and subsequently shot and killed.
372. Moreover, the Special Rapporteur, jointly with the Special Rapporteur on
torture and the Special Rapporteur on the independence of judges and lawyers,
Mr. Param Cumaraswamy, transmitted to the Governoeent allegations regarding the
violation of the right to life of Nizam Ahmed, a former justice of the Sindh
High Court and mer er of the Pakistan Bar Council, and his son Nadeem Ahmed.
The two were reportedly killed by unidentified assailants after Nizam Ahmed
had received anonymous death threats. It is alleged that the threats were
reported to the authorities, but no steps to investigate or to provide
protection were taken (16 July 1996) .
Follow—un
373. In a follow—up letter the Special Rapporteur reminded the Governoeent of
the three urgent appeals sent in 1996 and other allegations transmitted in
1995 and 1996 to which no replies had yet been received.
Observations
374. The Special Rapporteur regrets that by the time the present report was
finalized the Government had not replied to many allegations transmitted
during 1995, nor to any sent during 1996.
375. The Special Rapporteur is concerned about the continuing large nurcber of
reports received regarding extrajudicial, summary or arbitrary executions in
Pakistan, including numerous deaths in custody. The Governoeent's strategies
to cor at human rights violations conr itted by the police, law enforcement
officials, security forces and paramilitary Rangers, as well as human rights
abuses by armed opposition groups, have failed to provide protection to
political activists, journalists and ordinary civilians and the Special
Rapporteur therefore urges the Governoeent to take the measures necessary to
improve this situation.
Pa ua New Guinea
Information received and conr unications sent
376. The Special Rapporteur transmitted allegations of violations of the
right to life regarding Pampam Ligitai, Patrick Tutno, Minou Roitua,
Mary Pateri, Patrick Ututnu, aged 16, Charles Ona, aged 15,
David Nusirau, aged 7, Josephine Beti, aged 4, Theresia Monta, aged 9,
Piruke Siro, aged 11, A ndrew Saririn, aged 1, and Usiah, 8 months old, unarmed
E/CN. 4/1997/60/Add. 1
page 94
civilians who were reportedly killed on 25 January 1996 by 17 mer ers of the
Papua New Guinea Defence Force and the wresistance forces” in the village of
Sirifio, Bum, Bougainville. According to the information received, the victims
included eight minors, among them an eight-month-old baby (2 April 1996) .
Follow—un
377. The Special Rapporteur sent a letter reminding the Governoeent of the
cases sent during 1995 and 1996 concerning which no reply had yet been
received. The Special Rapporteur also requested the Governoeent to react to
the recorcoeendations made in the report of his mission to the Papua New Guinea
island of Bougainville and to inform him what steps had been taken to
implement them.
Observations
378. The Special Rapporteur regrets that at the time the report was
finalized, the Governoeent of Papua New Guinea had not provided a reply
concerning any of the cases sent during 1995 and 1996, nor to his request for
information in regard to the recorcoeendations made in the report of his mission
to the country.
379. The Special Rapporteur is concerned that in March 1996 the Government of
Papua New Guinea took the decision to lift the ceasefire on Bougainville
because of an upsurge of killings of civilians and mer ers of the government
security forces by the Bougainville Revolutionary Army (EPA) . In this
context, the Special Rapporteur calls upon all parties to the conflict to
respect the right to life of all non—cor atants at all times.
380. The Special Rapporteur also learned with deep regret that on
12 October 1996, Theodore Miriung, the Premier of the Bougainville
Transitional Governoeent and a strong advocate for peace between the Government
and EPA, was killed by assailants who had not yet been identified.
Theodore Miriung was extremely helpful during the Special Rapporteur's visit
to Bougainville. The Special Rapporteur is concerned about the negative
implications of his assassination on the peace process and on the human rights
situation in Bougainville.
ParaQuay
381. The Special Rapporteur transmitted to the Governoeent of Paraguay an
allegation concerning the violation of the right to life of Medesto Earreto,
aged 84 who was reportedly shot dead by unidentified men in Noventer 1995 at
his home in Volc n Cue. According to the information received, the victim was
the father of two well—known journalists who were investigating drug
trafficking and corruption in Paraguay. It was stated that his death might
have been related to the work of his sons and that the killers were directly
affected by the corruption charges they had made.
E/CN. 4/1997/60/Add.1
page 95
Peru
Information received and conr unications sent
382. The allegations reaching the office of the Special Rapporteur indicate
that despite an apparent reduction in the nur er of violations of the right to
life, extrajudicial, summary or arbitrary executions continue to occur in
Peru. These allegations refer particularly to deaths caused by excessive use
of force by the security forces, and to deaths in detention.
383. During the early months of 1996, the Special Rapporteur received a large
nurcber of corcoeunications from various organizations and institutions expresing
fear of the possible consequences for Peruvian society of the application of
the amnesty law, and the impunity it entails. These corcoeunications mentioned
the need to shed light on the human rights violations in Peru and called for
justice for the families of victims of the crimes conr itted both by the
security forces, and by Shining Path and other armed groups.
384. The Special Rapporteur transmitted an urgent appeal to the Government of
Peru requesting the authorities to take all necessary measures to protect the
right to life and physical safety of Gloria Cano Legua, an attorney associated
with the Peasant Defence and Counselling Team, and the National Human Rights
Coordinating Organization, who is also the defence counsel of a survivor of
the Barrios Altos massacre, after she had been threatened and harassed
(22 April 1996) .
385. The Special Rapporteur also transmitted the following allegations of
violations of the right to life:
(a) The following persons reportedly died in police custody:
Mario Palomino Garcia, who died in Santa Felicia in March 1996; and
Jos Eugenio Chamaya Rumacharis, who was arrested by police officers from
Santa Felicia police station in the Molina district and taken to the police
station, where he was allegedly tortured. According to the information
received, he died of cardiac arrest, after his head had been repeatedly
submerged in water;
(b) The following persons were allegedly killed by the police:
Henry Yabar Rosales, aged 15, and Hildebrando Cuadros L6pez, aged 21, who died
of gunshot wounds during police intervention in a clash between fans of two
football clJis in the Brefia district of Lima on 9 June 1996;
(c) Mercbers of the armed forces reportedly killed Indalecio Pomatanta
in April 1995, when 15 mercbers of the Peruvian navy arrived at his family home
in Padre Abad on the Jorge Basadre road, Department of Ucayali in the Peruvian
jungle and set the house on fire. The victim was reportedly taken to Pucallpa
regional hospital while still alive, dying four days later as a result of his
burns.
E/CN. 4/1997/60/Add. 1
page 96
Conr unications received
386. The Gcvernoeent of Peru informed the Special Rapporteur, regarding the
death of Jhoel Huam n Garcia, that the junior officers of the Peruvian
National Police (PNP) responsible had been made available to the courts
through disciplinary measures and reported to the Pasco provincial procurator.
It was stated in a sJisequent corcoeunication that the police officers involved
in the case were being held in Cerro de Pasco prison. It was further reported
that, according to the medical records, the death of Justiniano Hurtado Torre
had been due to illness. The Government had established that he had never
been subjected to torture (8 Decer er 1995 and 14 May 1996) .
387. With regard to the urgent appeal transmitted on behalf of Cano Leagua
(see E/CN.4/1996/4, para. 383 (c)), defence counsel of one of the survivors of
the Barrios Altos massacre, PNP officers from the National Directorate of
State Security interviewed her and Rosa Rojas Borda. According to the
information received, they were not given personal security coverage because
that possibility did not fall within the pertinent legal provisions. They
received guidance on the procedure and measures to be adopted. The
Special Rapporteur was told there had been no further threats
(8 Decercber 1995) .
388. With reference to the threats against Aritonia Saquicuray Sanchez, the
Government of Peru informed the Special Rapporteur that the PNP had conducted
investigations, but with no results. There were no reports of a recurrence of
the threats. None the less, she was provided with security coverage, in the
form of a mobile patrol unit. The Puno joint provincial procurator initiated
investigations into death threats against Tito Guido Gallegos. It was
requested that he should be given the guarantees needed to ensure his physical
safety. With regard to the death of the minor Yenuere Antonio Chihuala Cruz,
it was reported that he had died of tetanus. He had applied for an office job
in Engineering Battalion No. 1, but had never been involved in active corcbat
(8 Decercber 1995) .
389. The Government also reported that, in the case of C sar Alfonso Ramirez
Pinchi, which had been transmitted to the Government in Septercber 1993, the
proceedings against the lieutenant charged with the offence of homicide had
been dropped following the annulment of the criminal action under the amnesty
law (14 February 1996) .
390. The Special Rapporteur was also informed that the Office of the
Or udsman Organization Act had been promulgated in accordance with the
Peruvian Constitution of 1993, by which the office of or udsman had been
created. The Government believes that this constitutes a further step in
efforts to consolidate and ensure full observance of the rule of law and human
rights and fundamental freedoms in Peru (15 April 1996) .
391. Concerning the death threats received by Rodolfo Robles Espinoza, the
Government explained to the Special Rapporteur that it had not been possible
to identify the persons responsible. It stated that Mr. Robles Espinoza had
been given personal guarantees that his physical safety would be protected
(14 May 1996) .
E/CN. 4/1997/60/Add.1
page 97
Observations
392. The Special Rapporteur thanks the Government of Peru for the information
it provided. He remains concerned about the allegations of violations of the
right to life and the death threats that have continued to be made against
attorneys representing victims of violations of the right to life. He urges
the authorities to take all necessary action to ensure that all those directly
involved in legal proceedings are able to perform their duties freely and
that, if necessary, they are given State protection. He notes with regret
from the Government's replies that cases have been closed under the amnesty
law, and reiterates the obligation of Governoeents to investigate alleged
violations of the right to life thoroughly and impartially, to identify those
responsible and bring them to justice, and to provide appropriate compensation
to the victims or their families.
Phili ines
Information received and communications sent
393. According to reports received, violations of civil and political rights
continue to occur in the Philippines, including extrajudicial, summary or
arbitrary executions, sometimes taking the form of massacres. In this
context, the Special Rapporteur transmitted allegations of violations of the
right to life concerning the following 22 persons:
(a) Pedro Zerna, aged 86, Macrina Zerna, Enarcisa, Aigil Zerna,
aged 9, Brenda Fe, aged 6, Crislyn, aged 4 and Minelyn, aged 2, all mercbers
of one family reportedly killed on 9 February 1996 in Buenavista,
Negros Oriental, by mercbers of the Civilian Volunteers Organization, a group
of citizens operating as a paramilitary group which is sanctioned by the
Government and has the task to check rebel activities in the area;
(b) Sherwin Abalora, aged 17, Ray Abalora, Carlito Alap—Ap,
Joel Aoeora, Welbor Ecamel, Manuel Montero, Pacifico Montero, Jevy Redillas,
Rolando Siplon, MeleJiren Soronda, Jerry Montebon alias Alex Neri alias
Hermie Saura, all alleged mer ers of a criminal gang called 9Kuratong
Baleleng”, reportedly killed on 18 May 1995 in Quezon city by mer ers of the
Anti Bank Robbery Intelligence Task Group. According to the information
received, following their arrest on 17 May they were all killed when mer ers
of the Task Group opened fire on the van in which they had left all the
above—mentioned persons tied up or handcuffed;
(c) Gemma Soronda—Siplon, an alleged mer er of the wkuratong Baleleng”
gang, reportedly found dead on 19 May 1995 in Sil—Cas village, Laguna. She
was reportedly arrested on 17 May 1995 by mer ers of the Presidential
Anti-Crime Commission and last seen on 18 May in the custody of the law
enforcement officials who arrested her;
(d) Wilson Soronda, the alleged leader of the 9Kuratong Baleleng”
gang, who was reportedly killed by mer ers of the Presidential Anti—Crime
Commission while in their custody;
E/CN. 4/1997/60/Add. 1
page 98
(e) Gary Dalayhon, a 16—year—old street child, who was reportedly
killed on 23 July 1993 by three mercbers of the Philippines National Police
while in their custody. According to the source, despite strong evidence
pointing to the identity of the authors, a thorough investigation was not
conducted and they had not yet been brought to justice;
(f) Ferdinand Reyes, a human rights lawyer and journalist, allegedly
shot dead on 12 February 1996 in Dipolog city by an unidentified assailant,
possibly in order to silence his criticism of Government policy;
Conr unications received
394. The Governoeent provided a reply concerning most cases transmitted
during 1995. In regard to the case of Conchita Bajao, who reportedly died as
a result of injuries sustained following her arrest, the Government responded
that the case was closed for lack of evidence as to the allegation following
testimonies of witnesses who claimed that the victim had suddenly jumped off
from a moving police patrol car when it was slowing down. In addition, the
Government responded concerning the case of Anieto de Regino, informing the
Special Rapporteur that the allegations that he had been shot and killed by a
mercber of the paramilitary Citizen's Armed Forces Geographical Units (CAFGU)
were incorrect. In respect to Nonita Din, who was reportedly shot dead by
mercbers of the armed security forces of the Philippine—Aoeerican TircJier
Corporation Land Improvement Division, the Government stated that the case was
under investigation but that the main suspect had not yet been charged because
he was still at large (7 June 1996) .
395. The Governoeent also provided replies concerning all cases transmitted by
the Special Rapporteur during 1996. The Governoeent informed the Special
Rapporteur that the case of Ferdinand Reyes was under investigation, but that
there were reasons to believe that his killing was not linked to his work as
a human rights defender, but instead was of private nature and linked to
his defence of a case as a lawyer. Regarding the case of Pedro Zerna,
Macrina Zerna, Enarcisa, Aigil Zerna, Brenda Fe, Crislyn and Minelyn, the
Government confirmed the main elements of the allegation transmitted and
stated that the case was sub judice (16 October 1996) . The Governoeent also
informed the Special Rapporteur that the case of Gary Dalayhon was sub judice ,
that the three suspects had now been detained, charged with, inter alia ,
murder, and that hearings on the case have been scheduled for the first two
months of 1997 (1 Novercber 1996) .
396. In respect to the allegations transmitted during 1996 regarding
the extrajudicial, summary or arbitrary execution of Wilson Soronda,
Genr a Soronda—Siplon, Sherwin Abalora, Ray Abalora, Carlito Alap—ap,
Joel Aoeora, Welbor Ecamel, Manuel Montero, Pacifico Montero, Jevy Redillas,
Rolando Siplon, MeleJiren Soronda, and Jerry Montebon alias Alex Neri or
Hermie Saura, all mercbers of the Kuratong Baleleng gang, the Government stated
in a preliminary response that the case was sJi judice (8 October 1996) . The
Government then provided a reply informing the Special Rapporteur that the
officers responsible for the killings had been given a “floating” status
pending determination of the criminal case against them, that the order by the
panel of prosecutors to downgrade the charges against the high—ranking
officers was cause for doJit on the part of the private prosecutors as to the
E/CN. 4/1997/60/Add.1
page 99
sincerity and credibility of the pJilic prosecutors. It was also stated that
the perpetrators had not yet been brought to justice as a result of the order
of the Sandiganbayan to remand the case to the Regional Trial Court, which was
then questioned by the Special Prosecutors in the Office of the Orcbudsman in a
motion filed in the said court (1 Novercber 1996) .
Follow—un
397. The Special Rapporteur sent a letter reminding the Government of
the cases sent earlier during the year concerning which no reply had yet
been received and requesting additional information on the cases of
Ariieto de Regino and Nonita Din. In regard to the former, the Special
Rapporteur asked for further information relating to the investigation
conducted, while in regard to the latter, he requested the Government to
inform him what steps were being taken by the competent authorities to arrest
the suspect in this case.
Observations
398. The Special Rapporteur wishes to express his appreciation of the
willingness shown by the Government of the Philippines to cooperate with his
mandate, in particular through the provision of frank and detailed responses
to the allegations transmitted. The Special Rapporteur calls on the
Government to bring all those responsible for violations of the right to life
to justice, to provide compensation to the victims or their families and to
take all measures necessary to prevent the recurrence of such violations.
Poland
399. The Special Rapporteur was informed that in October 1996 the Parliament
had rejected a draft law aimed at lifting the moratorium on death penalty
executions in force since July 1995.
Romania
Conr unications received
400. The Romanian Government informed the Special Rapporteur that Alfred Pana
had been found dead in his home following ill-treatment while being held in
custody on 3 July 1995. The official autopsy, which was ordered following the
opening of an investigation by the Bucharest public prosecutor, found that the
corpse bore no traces of violence and that death was due to cardio—respiratory
failure (26 Septer r 1996) .
Follow—un
401. The Special Rapporteur had previously sent a letter to the Government
reminding it that no reply had been received concerning the allegations about
the death of Alfred Pana transmitted to the Government in 1995.
E/CN. 4/1997/60/Add. 1
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Russian Federation
Information received and conr unications sent
402. During the first half of 1996, the Special Rapporteur continued to
receive reports indicating systematic violations of human rights and
international humanitarian law by Russian forces in the Republic of Chechnya.
Information received indicated that at least 30,000 civilians had been killed
in the conflict and that the total nur er of war-related deaths in Grozny
alone could be estimated at approximately 27,000.
403. According to the information received, civilians and civilian
installations, including hospitals, schools and mosques, were systematically
targeted by the Russian forces and Russian military operations were
disproportionate to rebel attacks. This reportedly led to large nurcbers of
casualties among the civilian population. The reports also suggested that the
civilian population did not receive protection from Russian troops. In this
context, it was reported that the population was reportedly given insufficient
time to leave the towns via the so—called whumanitarian corridor”. Some
reports also indicated that the civilian population was unaware of the
existence of such a corridor or was uncertain of its exact location.
Moreover, information received seemed to indicate that widespread violence was
used by Russian forces against non—cor atants in the conflict zone, resulting
in additional violations of the right to life.
404. In this context, it was also brought to the Special Rapporteur's
attention that Russian troops responsible for violations of human rights and
international humanitarian law continued to enjoy impunity. According to
the information received, those responsible for the massacre in Samashki on
7—8 April 1995, in which over a hundred men, women and children were
reportedly killed in a wpunitive operation by Russian special forces, have
not been brought to justice. The reports received also suggested that neither
the judiciary nor the police of the Chechen administration in Grozny were
allowed to take part in investigating or prosecuting local complaints against
Russian troops. Moreover, the federal authorities reportedly did not even
inform the Chechen Ministry of Justice and Ministry of the Interior whether
any action was taken in respect of these complaints, including those where
Russian forces were accused by eyewitnesses, for example, of shooting at
passengers in cars at checkpoints, causing multiple civilian deaths.
405. The Special Rapporteur is aware that attacks on the right to life of
civilians were also conr itted by Chechen forces.
406. For an in-depth analysis of the human rights situation in Chechnya, the
Special Rapporteur refers to the report of the Secretary—General on the
situation of human rights in the RepJ lic of Chechnya (E/CN.4/1997/10) .
407. In addition, the Special Rapporteur received several reports in regard
to the application of the death penalty. According to the information
received death sentences continue to be carried out by the Russian Federation
since joining the Council of Europe on 28 February 1996, on which occasion the
Government undertook to impose an ircoeediate moratorium on executions and
abolish the death penalty within three years.
E/CN. 4/1997/60/Add.1
page 101
408. In relation to the situation of conflict in the Republic of Chechnya the
Special Rapporteur transmitted four urgent appeals to the Governoeent of the
Russian Federation, on behalf of:
(a) The civilian population of Sernovodsk. Information received
indicated that an unknown nunter of civilians were killed as a result of
attacks by Russian forces after the latter entered the town on 2 March 1996.
The reports received also indicated that Sernovodsk was completely sealed off
preventing the 14,000 people in the town, among whom were many displaced
persons from other parts of Chechnya, from fleeing. The Special Rapporteur
sent this urgent appeal jointly with the Special Representative of the
Secretary—General on internally displaced persons, Mr. Francis Deng
(7 March 1996);
(b) The civilians in Sernovodsk and Samashki, after information had
been received indicating that Russian forces had bonted and attacked the
village of Samashki and that attacks and deliberate killings by Russian forces
in Sernovodsk had resulted in a large nurcber of civilian casualties. The
Special Rapporteur sent this urgent appeal jointly with the Special Rapporteur
on torture and the Special Representative of the Secretary—General on
internally displaced persons (20 March 1996);
(c) The 50,000 civilians in the town of Shah. Reports received
expressed fear that the indiscriminate attacks from Russian forces, which
started on 26 April 1996, might continue despite a peace agreement reached
between the town's elders and the Russian forces, as reportedly happened in
the village of Chishki, which was attacked by Russian airplanes a few days
after the citizens signed a peace agreement with the Russian forces
(2 May 1996);
(d) The civilian population in Grozny. Information received indicated
that a large nunter of persons had been killed since 6 August 1996, when heavy
fighting broke out in Grozny, and that fighting was continuing, with thousands
of civilians allegedly trapped in areas of the city (20 August 1996) .
409. The Special Rapporteur also sent allegations of violations of the right
to life in the RepJilic of Chechnya of two identified persons and
approximately 500 unidentified persons: Ashot Akopovich Shakhnazarian, a
lorry driver employed by the humanitarian organization wM decins sans
fronti res” (MSF) , reportedly killed on 29 January 1996 when his lorry was
attacked; Natalya Alyakina, a journalist for a German magazine, reportedly
killed on 17 June 1995 in her car near Budennovsk after leaving a checkpoint
where Interior Ministry troops reportedly approved her documents; seven
unidentified civilians reportedly killed on 19 March 1996 by Russian forces
during the search of a house in Samashki, when they threw grenades into a
group of 33 persons taking shelter in the house's courtyard; 28 unidentified
civilians, among them allegedly some children, reportedly killed on
8 October 1995 in the village of Roshni Chu as a result of borifiing by
eight fighter planes; 267 unidentified civilians reportedly killed
between 14 and 24 Decercber 1995 in the city of Gudermes; approximately
200 unidentified civilians killed in the village of Samashki in the week
following 14 March 1996, allegedly mainly as a result of indiscriminate and
disproportionate attacks by Russian forces.
E/CN. 4/1997/60/Add. 1
page 102
Conr unications received
410. The Government of the Reussian Federation provided a reply concerning
several cases and urgent appeals transmitted during 1995 and 1996.
411. The Government replied to the allegations of violations of the right to
life sent on 13 October 1995 which concerned victims of indiscriminate attacks
by Russian forces on Niki-Khita, Elistanzhi and Nozhai-Yurt. The Government
informed the Special Rapporteur that the events he referred to were a tragic
consequence of military operations. The Government also indicated that the
government forces' response was appropriate as the armed formations they were
fighting were equipped with the most up-to-date weapons, including armoured
vehicles and rocket—propelled projectiles. In regard to the 94 unknown
victims from the village of Samashki, the Government referred to its reply of
15 August 1995 in response to the urgent appeal of 5 May 1995, in which it had
stated that both military and civilians had been killed in the battle, which
had followed Russian armed forces entering the village after several attempts
to disarm the village peacefully had failed. The Government had also
indicated that it had started investigations (29 February 1996) .
412. The Government also provided a reply to the urgent appeal sent
on 3 October 1995 on behalf of the civilian population of Sernovodsk. The
Government indicated that the decision to introduce tighter checks around the
town of Sernovodsk had been taken because: (i) according to intelligence
sources more than 300 fighters from among the wdiehards were grouped in
Sernovodsk, (ii) unauthorized demonstrations were held every day on the
approaches to the checkpoints set up by the Federal forces, whereby armed
individuals were observed among the rear ranks of the demonstrators and
(iii) all the proposals by the federal forces corcoeand concerning the voluntary
surrender of weapons and handing over of fighters to the law enforcement
agencies had been rejected by the representatives of the illegally armed units
and the town's leaders (13 March 1996) .
413. In respect of the urgent appeal sent on 2 May 1996 on behalf of the
civilians in the town of Shah, the Government informed the Special Rapporteur
that since 26 April 1996 there had been no reports either by conr unity
representatives or by the mass media indicating that federal armed forces were
subjecting the inhabitants of the town of Shah to indiscriminate bor arcIments
(19 June 1996) .
414. In addition, the Government stated in regard to the urgent appeal sent
on 7 March 1996 on behalf of the civilian population of the town of
Sernovodsk, that the town, which was a stronghold for illegal armed groups,
had been attacked after attempts to settle the problem peacefully had failed
and that corridors had been left open to allow those among the civilian
population who so wished to leave Sernovodsk (30 Septercber 1996) .
Follow—un
415. The Special Rapporteur addressed a letter to the Government of the
Russian Federation requesting additional information in regard to several
cases which he had transmitted durinq 1995.
E/CN. 4/1997/60/Add.1
page 103
416. In regard to the joint urgent appeal sent on 5 May 1995, concerning
events in the village of Samashki, the Government informed the Special
Rapporteur that civilians and military men had died in the battle which had
started when Russian forces entered the village. This reply was forwarded to
the source who provided the Special Rapporteur with further information. The
source reported that, according to eyewitnesses, women and children had been
prevented from leaving the village by mercbers of the Russian armed forces.
The source alleges that most civilians, including many women and children,
were killed when the Russian armed forces started their attack before the end
of the ultimatum. The source also reported that, according to eyewitnesses,
the Russian armed forces went through the streets killing indiscriminately
whoever was in their way. In view of these reports, the Special Rapporteur
urged the Government to conduct investigations into the allegations of
executions of civilians and to inform him of the results of these
investigations and of judicial proceedings against those responsible for these
crimes.
417. In regard to the reply of the Government of the Russian Federation
of 29 February 1996, in response to several cases transmitted in October 1995,
the Special Rapporteur requested the Government to inform him of the measures
which had been taken in those particular cases to protect the civilians
against the dangers arising from military operations. In regard to the cases
of Sergei Tamarov and one unidentified person killed in the town of
Tsotsin—Yurt, the Special Rapporteur requested information as to whether an
investigation had been carried out into those allegations, and, if so, by
which authority.
Observations
418. The Special Rapporteur wishes to thank the Government of the Russian
Federation for the replies it has provided. The Special Rapporteur is deeply
concerned about the impunity enjoyed by those responsible for the human rights
and international humanitarian law violations corcoeitted in the context of the
conflict in the Republic of Chechnya. The Special Rapporteur urges the
Government of the Russian Federation to ensure that perpetrators are
identified and brought to justice, and to provide compensation to the victims
or their families.
419. The Special Rapporteur also calls on the Government of the Russian
Federation to respect the corcoeitments it made on joining the Council of Europe
in February 1996 by imposing an ircoeediate moratorium on executions and by
taking the necessary steps to abolish the death penalty within three years
from the date of accession.
Rwanda
Information received and conr unications sent
420. As in previous years, the reports received refer to the large nunter of
violations of the right to life conr itted during clashes between mercbers of
the Rwandan Patriotic Army (APR) and armed opposition groups, comprising
mercbers of the former Rwandan government army and Interahamwe militia.
E/CN. 4/1997/60/Add. 1
page 104
The regions of Ruheng ri, Gisenyi and Kibuye are reportedly the most affected.
The Special Rapporteur was informed that in August 1996, 284 people had been
killed in the four prefectures on the Zairian border. Most of the victims
were reportedly unarmed civilians, including women and children. More
than 650 civilians were said to have been the victims of this violence
between April and June 1996. On 13 July, in the commune of Ranta, at least
47 civilians were allegedly killed during a military operation by the APR,
which then attacked a group of peasants, killing three children and two
babies.
421. Various sources refer to the direct involvement of APR troops in human
rights violations in Burundi, particularly in the province of Cibitoke. The
Special Rapporteur was informed that these troops had helped the Burundian
security forces in the June 1996 massacre of civilians in Cibitoke.
422. For an in-depth analysis of the human rights situation in Rwanda,
reference is made to the report submitted to the Commission on Human Rights by
Mr. Ren Degni-S gui, Special Rapporteur on the situation of human rights in
Rwanda (E/CN.4/1997/61) .
423. The Special Rapporteur made two urgent appeals to the Rwandan
Government. Fears for the life and physical safety of Jean RJiaduka, a
journalist with the Catholic newspaper Kinyamateka and president of the
Collective of Human Rights Defence Associations in Rwanda, had been expressed
following the attack by four armed men who reportedly forced their way into
his home on two occasions, on 25 and 27 Noventer 1995. The Special Rapporteur
also expressed his concern at the constant threats reportedly being made
against Pkb Andr Sibomana, publisher of Kinyamateka and president of the
Rwandan Association for the Defence of Human Rights and Public Freedoms, along
with three other priests.
424. In another urgent appeal, sent on 1 March 1996, the Special Rapporteur
urged the Rwandan Government to take the necessary measures to guarantee the
protection of Seth Sendashonga, former Minister of the Interior of Rwanda, and
his nephew Simeon Nsengiyumva, after learning that they had both survived an
assassination attempt in Nairobi, Kenya, on 26 February 1996. One of the
three perpetrators had reportedly been identified as a menter of the APR. The
same urgent appeal was transmitted to the Kenyan authorities.
Observations
425. The Special Rapporteur notes with concern that, under the cover of
prosecuting the perpetrators of the genocide, violations of the right to life
and security are continuing. He is concerned at the extrajudicial, summary or
arbitrary executions that have taken place and calls on the Governoeent to do
everything possible to prevent their recurrence.
426. The Special Rapporteur regrets that, more than two years after the
genocide, no judgement has yet been pronounced either by the International
Tribunal for Rwanda or by the national courts, while a very large nunter of
people, including women and children, are imprisoned in situations where their
lives are endangered and without any serious verification of the charges
against them. He remains convinced that it is essential to determine the
E/CN. 4/1997/60/Add.1
page 105
truth about the past and to ensure that clear, impartial justice is done in
order to put an end to the human rights violations and break the cycle of
impunity.
Saudi Arabia
Conr unications received
427. The Government provided a reply to an urgent appeal sent on 2 May 1995
on behalf of seven Somalis allegedly sentenced to death after a trial which
did not conform with the internationally guaranteed safeguards for those
facing the death penalty. The Government informed the Special Rapporteur
that in the final judgement only Sali Id Farah Yacqub and Muharcoead Nur
Muhanr ad had been sentenced to death. Muhanr ad Jamal Ali, Qadir Muharcoead
Mukhtar and Abd al—Aziz Muharcoead Isse had been handed down prison sentences,
while Faqih Hajj Usman's case had been referred to a court of summary
jurisdiction. The Government also responded that no one of the name of
Muhanr ad Abu Abd al-Qadir Ade was known.
428. In addition, the Government replied that the legal system in the Kingdom
of Saudi Arabia guaranteed a fair trial since the courts were ranked at
various levels: courts of limited jurisdiction followed by courts of general
jurisdiction, the Council of the Court of Cassation and the Higher Council of
the Judiciary. Important cases were heard by general courts consisting of
three judges, and convicted persons had the right to appeal to the Court of
Cassation, where the case was heard by five judges, and subsequently to the
Higher Council where it was again heard by five judges. The independence of
the judiciary was required by the Islamic Shariah and provided for in the
regulation (6 and 8 February 1996) .
Follow—un
429. The Special Rapporteur thanked the Government of Saudi Arabia for the
reply provided and reminded it of a case transmitted during 1995 concerning
which no reply had yet been received. The Special Rapporteur also requested
further information in regard to the case of the seven people of Somali
nationality, after he received additional information from the source in which
earlier allegations were reiterated. In particular, he requested
clarification in regard to their access to lawyers and the evidence considered
in the case.
S enec al
Information received and conr unications sent
430. In 1996, the Special Rapporteur was informed of human rights violations
in Casamance, a region in southern Senegal, and more particularly violations
of the right to life in the context of the conflict in Casamance between the
Senegalese security forces and the armed separatists of the Casamance
Democratic Forces Movement (MFDC) . According to the information received,
there are no systematic investigations of complaints of violations of the
right to life conr itted by the security forces. It should be further noted
that numerous innocent civilians have died in attacks by the MFDC.
E/CN. 4/1997/60/Add. 1
page 106
431. The Special Rapporteur drew the attention of the Senegalese Government
to the allegations he had received concerning the extrajudicial, summary or
arbitrary execution of the following three persons: Youba Badji, MFDC
political officer, who was arrested, tortured and killed by soldiers in his
village of Ariiak; Bakari Diedhiou, who died on 19 February 1995 in Bouloum as
a result of torture following his arrest by soldiers; and Ariice Sar ou, a
former employee of a hotel in Ziguinchor, who was arrested and killed, in
April 1995 at Niaguis, by soldiers who suspected him of connivance with the
independence forces.
Observations
432. The Special Rapporteur regrets that at the time this report was
finalized he had received no reply from the Government. He hopes that the
efforts made, notably by the National Peace Management Corcoeission, which had
led to the opening of new peace talks in Ziguinchor in January 1996, will be
pursued effectively. He urges the authorities to initiate speedy, thorough
and impartial inquiries into all allegations of violations of the right to
life committed in this region, and to make their results pJilic. He is also
of the view that greater consideration must be given to the rights of victims
to justice and compensation in the search for durable solutions to the
situation.
Sierra Leone
Information received
433. The Special Rapporteur was informed that despite the return to civilian
rule and the existence of a ceasefire agreement, civilians continue to be
victims of human rights violations and abuses, including violations of the
right to life, allegedly committed by both government soldiers and rebel
forces.
Follow u
434. The Special Rapporteur sent a letter reminding the Government of the
cases transmitted in October 1995 to which no reply had yet been received.
Sin Qa ore
Information received and communications sent
435. The Special Rapporteur sent an urgent appeal on behalf of John Martin, a
British national sentenced to death in Singapore for murder, who decided not
to appeal against the sentence nor to submit a petition for clemency to
the President (16 April 1996) . The Special Rapporteur was informed that
John Martin was executed as scheduled on 19 April 1996.
Communications received
436. The Government of Singapore provided a detailed response to the urgent
appeal sent on behalf of Veerarajoo s/o Veerasamy on 22 Nover er 1995,
informing the Special Rapporteur that the burden of proving that the accused
E/CN. 4/1997/60/Add.1
page 107
had possession of drugs always lay with the prosecution; only once it had been
able to discharge that burden did the presumption that the accused was
trafficking in drugs become relevant. At that stage, the burden was on the
accused to show, in the balance of probabilities, that he was not a trafficker
in respect of the said drugs. The Government also indicated that it was not
uncommon to find such presumptions in modern legislation dealing with drugs
and other dangerous objects or substances (22 Decer er and 5 January 1996) .
437. In its reply to the Special Rapporteur's urgent appeal sent on behalf of
John Martin, the Government stated that John Martin had filed an appeal
against his conviction, but sJ seguently gave notice in writing that he did
not wish to pursue his appeal further. The Government also responded that he
had sworn an affidavit stating that he did not wish to petition the President
of Singapore for clemency, but that his sister had appealed to the President,
and that that appeal for clemency had been turned down. The Government
furthermore informed the Special Rapporteur that the procedure for lodging
appeals was carefully explained to every prisoner, and that every person
sentenced to death was asked by the prison authorities to file a notice of
appeal. The Government also indicated that no person was forced to prosecute
an appeal or to continue with an appeal against his will (30 April 1996) .
Observations
438. The Special Rapporteur wishes to reiterate his call on the Government of
Singapore to change its Drug Act so as to bring it into line with
international standards. The Special Rapporteur considers that the Misuse of
Drug Act, which partially shifts the burden of proof to the accused, does not
provide sufficient guarantees for the presumption of innocence and may lead to
violations of the right to life when the crime of drug trafficking carries a
mandatory death sentence. He also wishes to remind the Government of
paragraph 6 of the safeguards guaranteeing protection of the rights of those
facing the death penalty.
Sri Lanka
Information received and communications sent
439. A series of reports regarding violations of the right to life corcoeitted
in the context of the armed conflict between the Government of Sri Lanka and
the Liberation Tigers of Tamil Eelan (LTTE) continued to be received by the
Special Rapporteur during 1996. In particular, it was brought to the
attention of the Special Rapporteur that large nurcbers of civilians had been
killed in military operations against LTTE on the Jaffna Peninsula, in
violation of international humanitarian law and internationally recognized
human rights norms. According to the sources, non—cor atants were killed
either in borcJiing raids, during cordon and search operations or through
deliberate action by mer ers of the security forces.
440. The Special Rapporteur also received reports informing him of killings
of civilians by LTTE mer ers. It was reported that civilians were sometimes
killed solely on the basis of their ethnicity.
E/CN. 4/1997/60/Add. 1
page 108
441. The Special Rapporteur transmitted to the Government allegations
regarding the killing of the following civilians:
(a) Reportedly killed in the course of indiscriminate bonding by the
Sri Lankan Air Force: Thiresarcoeah, Johnmas, Siluvairajah, Pathiyakopal,
Thanpidha, Mariathas, Johnson, Johnson, Sosai, Dedie Silva, aged 9,
Jenitha, aged 14, Nirajini Silva, aged 2, all refugees, killed when they were
receiving their food rations on 29 Decer er 1995 in Perya Pandiverichchan;
and 22 unidentified civilians killed in borcJDings on Tamil settlements in Vanni
during May and June 1996;
(b) Reportedly killed by mer ers of the armed forces:
Stephen Padhini, Sundaralingam Lakshmi, Sivapackiam Prasanthini,
Thangavel Kaladevi, Arunasalam Kamaladevi, Arianthan Arinama, Sundaralingham
Rajinikanthi, Packiyarajah Vasanthini, Sjiramaniam Packiyam, Alaguthurai
Parames, Valipillai Dcvi, Tellathurai Packiyarajah, Vinayagamoorthy Sutha,
Vadivel Nadarajah, Suppiah Sedurajah, Kanagarajah Suvathirajah, Sundaralingam
Prabhakaran, Kovindan, Thurairajah Karunakaran, Sivakolunthu Thinathurai,
Ramajeyam Kamaleswaran, Shanmuganathan Ithakaran, Sundaralingam Sabashini and
Arumaithurai Thanalakshimi, all killed during an operation in Kumarapuram on
11 February 1996; Siripala Vickneswaran, killed on 26 Novercber 1995 in
Kannakipuram; Veeran Selvarasa, Kathan, and Vadivchi Paskaran, shot and killed
on 10 June 1996 in Nasivanthivu;
(c) Mathialagan, a Tamil boy, allegedly strangled by a mer er of the
armed forces with his bare hands on 12 February 1996 in Vavunya while in their
custody.
Conr unications received
442. In regard to the following persons the Government responded that
they had been killed in the context of armed confrontations between
LTTE and the security forces: Raveendiran Ragunathan, not as alleged
Ravichandran Kuganathan, Rajalingam Mariyandas, Nadarajah, Kanapathipillai
Ravichandran and Mylvaganam Amirthalingam.
443. Concerning the death of Packiyarajah Ravindran, Alagiah Thangavel
and S. Nagarajah, the Government informed the Special Rapporteur that their
wives had reported to the Muttur police on 21 May 1995 that their husbands had
not returned home from business the day before. According to the Government,
the three missing men were believed to have joined LTTE. The Government also
stated that further investigations were under way.
444. In the case of Malathi Tharmalingam, the Government stated that he had
died from gunshot injuries. Further, it replied that no one had been
arrested, that the facts had been reported to the Magistrate's Court in
Batticaloa and that the inquiries were continuing.
445. Regarding the death of Sinnithan y Kirupamoorthy, the Government
informed the Special Rapporteur that he had attempted to throw a hand grenade
at a police officer searching his house, who thus shot and killed him in
self—defence.
E/CN. 4/1997/60/Add.1
page 109
Follow—un
446. The Special Rapporteur sent a letter reminding the Government of
allegations transmitted during 1995 and 1996 to which the Government had not
yet provided a reply.
Follow—un to mission request
447. The question of a future visit by the Special Rapporteur to Sri Lanka in
order to study the situation in respect of the right to life was further
pursued through an exchange of letters between the Special Rapporteur and the
Government of Sri Lanka.
448. In a letter of 3 June 1996, the Special Rapporteur once again expressed
his appreciation to the Government for extending an invitation to him to visit
Sri Lanka and requested the Government to indicate whether July 1996 would be
a convenient time. On 20 June 1996, the Government replied that it would
consider a visit by the Special Rapporteur to Sri Lanka during 1997 at a
mutually convenient time. In response, on 15 July 1996, the Special
Rapporteur expressed his regret that a visit was not possible during 1996
and suggested that it take place in January 1997. By a letter dated
27 Septer er 1996, the Special Rapporteur was informed that the authorities
would consider his request to visit Sri Lanka early in 1997.
Observations
449. The Special Rapporteur thanks the Government of Sri Lanka for the
replies it provided in regard to several cases transmitted to it and the
information concerning the situation on the Jaffna Peninsula.
450. The Special Rapporteur continues to be concerned about the alleged large
nurcber of violations of the right to life resulting from military activities
in Sri Lanka, especially in the northern peninsula. While he recognizes the
difficult circumstances arising from the situation of conflict between the
Government and LTTE, he urgently calls upon the parties to the conflict to
comply with international humanitarian and human rights standards. The
Special Rapporteur wishes to reiterate that the right to life is absolute and
must be respected even under exceptional circumstances.
451. Even though the Special Rapporteur does not undertake any action in that
respect, he is equally concerned about the human rights abuses conr itted
by LTTE, including deliberate killings of civilians.
452. The Special Rapporteur reiterates the significance and usefulness of a
visit to Sri Lanka and thanks the Government for its cooperation in this
regard. The Special Rapporteur hopes that a visit will be possible in
early 1997.
E/CN. 4/1997/60/Add. 1
page 110
Sudan
Information received and conr unications sent
453. It was brought to the Special Rapporteur's attention that, since
January 1995, fighting between government troops and opposition forces had
intensified and that, in most parts of the war zone, human rights violations
were being conr itted by Sudanese security officials, mer ers of the armed
forces and the Popular Defence Forces (PDF) . It was reported that unarmed
civilians were the targets of deliberate attacks by government troops in
which hundreds of villagers, many of them women and children, were killed.
Moreover, the Special Rapporteur was informed that excessive use of force by
security forces against demonstrators has led to the death of several persons,
at least.
454. It was also reported that soldiers, officials and mercbers of militia
groups responsible for human rights violations, including violations of the
right to life, were not brought to justice and that the National Security
Act 1994 declared security officials to be ircoeune from prosecution for
offences carried out in the course of their duties.
455. In addition, the Special Rapporteur received distressing reports
indicating that the armed opposition forces, the Sudan People's Liberation
Movement/Army (SPLM/A) and the South Sudan Independence Movement/Army (SSIM/A)
had also killed civilians, sometimes on a mass scale.
456. For an in-depth analysis of the situation of human rights in the
country, reference is made to the report of Mr. G sp r Bir6, Special
Rapporteur on the situation of human rights in the Sudan (E/CN.4/1997/58) .
457. During 1996, the Special Rapporteur transmitted two joint urgent appeals
to the Government of the Sudan. The first urgent appeal was transmitted
jointly with the Special Rapporteur on the situation of human rights in the
Sudan and the Special Rapporteur on torture on behalf of 6 men sentenced to be
hanged, 3 men sentenced to be hanged until dead and their bodies then publicly
crucified, and 10 men sentenced to amputation of their right hand and left
foot (4 June 1996) . The second joint appeal, which, in addition to the
aforementioned Special Rapporteur's, was also signed by the Chairman of the
Working Group on Arbitrary Detention, Mr. Louis Joinet, was transmitted on
behalf of 65 persons, reportedly arrested in Port Sudan on 15 August 1996 and
including Gamal Yusu, Abdallah al—Tayeb, Bushra Hamid Burma, Camillio Luthali,
Tang Abu Abdu, Salah Ahmad al—Jaber, Kamal al—Tigani, Naser Kamal,
Faud Salih, Hassan al—Khatib, Osman Atiat Allah, Abd al—Marouf Hussein,
Jaknoon, al—Dardiri haj Aboead, Salah Karboni, Ali Abbas Ali, Mohamed Mahmud
and Taj al—Sir Sarbil, all military officers, some of them retired, as well as
on behalf of 10 Chadian nationals arrested in the Sudan on or around 25 July
1996 by mer ers of the Sudanese security forces, including Mahamat Ousmane,
Ahmat Abdoulaye, Faki Adam and Ismael. According to the source, all the
above—mentioned persons were being detained without charge and fears were
expressed that they might be subjected to torture or other ill-treatment and
that their lives and physical integrity might be at risk (13 Septer er 1996) .
E/CN. 4/1997/60/Add.1
page 111
458. In addition, the Special Rapporteur transmitted one allegation regarding
the violation of the right to life of Chief Alfred Dumo Bol, belonging to the
Jur Chol tribe, reportedly killed on 23 October 1994 by mercbers of the
security forces, in the Aweil area in southern Sudan.
Follow—un
459. The Special Rapporteur sent a letter reminding the Governoeent of several
cases transmitted during 1995 or 1996 to which no reply had yet been received.
Observations
460. The Special Rapporteur regrets that at the time the present report was
finalized no replies had been received from the Government of the Sudan. The
Special Rapporteur is particularly concerned about the persistent reports
concerning violations of the right to life of civilians conr itted by
government and opposition forces, in particular in the south of the Sudan, and
calls on all cor atants to respect international humanitarian law and human
right standards. He also urges the Government to investigate the allegations
and to take the necessary measures to prevent the recurrence of violations of
the right to life.
Syrian Arab Re J lic
Follow—un
461. The Special Rapporteur sent a reminder to the Government concerning the
case of Rif'at bin As'ad, who reportedly died in custody in April 1992, about
which no reply had yet been received.
Conr unications received
462. The Governoeent responded concerning the case of Rif'at bin As'ad,
informing the Special Rapporteur that he had been found to be suffering from
an incurable disease that had led to his death (24 Septercber 1996) .
Tajikistan
Information received and conr unications sent
463. The Special Rapporteur received information indicating that the
conditions in Tajik prisons constitute a serious threat to the life and
physical integrity of detained persons. According to the reports received,
numerous detainees died in custody. It has been alleged that the Government
failed to provide sufficient food to prisoners, resulting in numerous deaths
from malnutrition. Besides the lack of food, the Government reportedly
neglected its duty to provide medical treatment to prisoners. In this
connection, the widespread occurrence of tuberculosis, without separation of
infected inmates, was reported as an important cause of death in custody.
E/CN. 4/1997/60/Add. 1
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464. The Special Rapporteur sent an urgent appeal to the Government, jointly
with the Representative of the Secretary—General on internally displaced
persons, on behalf of 300 internally displaced persons who had reportedly been
moved to the Tavildara area, a region of active armed conflict with landmines
and other hazardous war materials present. According to the reports received,
contrary to prior agreement, neither the Government nor the opposition had
removed all landmines from the area (16 August 1996) .
Follow—un
465. The Special Rapporteur sent a follow-up letter reminding the Government
of allegations transmitted to it during 1995 regarding the death of
Eshoni Said Ashraf Abdullohadov. In the same corcoeunication, the Special
Rapporteur once again reiterated his interest in visiting the RepJilic of
Tajikistan as expressed in previous letters to the Governoeent to which no
response had been received.
Observations
466. The Special Rapporteur regrets that at the time the present report was
finalized no reply had been received from the Government. In regard to the
distressing situation in Tajik prisons, the Special Rapporteur urges the
Government to allow humanitarian organizations access to all prisons in
Tajikistan. Further, the Special Rapporteur would like to inform the
Government that a visit to Tajikistan would place him in a better position to
evaluate the situation of the right to life and to propose appropriate
reconr endations to the Government.
Chad
Information received and conr unications sent
467. The Special Rapporteur addressed an urgent appeal to the
Government after learning of fears for the life and physical safety of
YacoJi El Daris Ibrahim, Ibrahim Souleymane, Mahatmat Ahamat and
Abakar Ousmane. These four mer ers of the Chadian armed opposition were
arrested in the Sudan on 25 July 1996; they were reportedly handed over to the
Chadian authorities by the Sudanese security forces and transferred to
N'Djamena, the capital of Chad, on 3 August 1996. The Special Rapporteur
urged the Government of Chad to take the necessary measures to guarantee
the right to life of these persons, after learning that Garni Adam and
Idriss Gassi, two other mer ers of the Chadian armed opposition, had both been
killed by mer ers of the Chadian National Security Agency near the frontier
town of Adr on 3 August 1996 (13 Septer er 1996) .
Follow—un
468. The Special Rapporteur reiterated his requests for clarification
concerning the allegations which had been transmitted to the Government. He
also reminded it that he had received no reply relating to the allegations
sent in 1995.
E/CN. 4/1997/60/Add.1
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Thailand
Information received and conr unications sent
469. The Special Rapporteur was informed that the death penalty is mandatory
for, inter alia , the production and trafficking of heroine and discretionary
in the case of possession of more than 100 grams of heroine.
470. The Special Rapporteur transmitted to the Government of Thailand
allegations in regard to the killing of two corcoeunity leaders:
Thong-in Kaewwattha, who was reportedly shot and killed on 18 January 1996
in Tar on Tasit (4 June 1996) , and Jun Boonkhunthod, who was reportedly
shot and killed by a police officer on 22 July 1996 in Ban Thab Nai
(30 Septercber 1996) .
Follow—un
471. The Special Rapporteur sent a letter to the Government requesting
further clarification regarding the death of Soc Win, in particular in regard
to investigations conducted.
Observations
472. The Special Rapporteur regrets that by the time the present report was
finalized, no replies had been received from the Government to allegations
transmitted earlier in the year.
473. In paragraph 1 of the safeguards guaranteeing protection of the rights
of those facing the death penalty, it is stated that the scope of crimes for
which the death penalty is imposed should not go beyond intentional crimes
with lethal or other extremely grave consequences (see also E/CN.4/1996/4,
para. 556) . The Special Rapporteur therefore wishes to reiterate his
conclusion that the death penalty should be abolished for economic and
drug—related crimes.
To Qo
Information received and conr unications sent
474. The Special Rapporteur received a letter from the Government of Togo
informing him that an amnesty law had been enacted by the National Assently
concerning all acts of homicide and other crimes corcoeitted on 25 March 1993
and S and 6 January 1994, and all offences of a political nature conr itted
prior to 15 Decercber 1994. In the context of this amnesty law, the persons
arrested for political or politically—inspired offences are being released and
all judicial proceedings against the persons alleged to have conr itted
offences of this type are being dropped (16 February 1996) .
Follow—un
475. The Special Rapporteur sent a letter reminding the authorities that he
had received no reply concerning the allegations transmitted in 1995.
E/CN. 4/1997/60/Add. 1
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Observations
476. The Special Rapporteur reiterates his concern about such an amnesty law,
which is creating a climate of impunity in Togo. He remains convinced that
this law, because of its extremely broad scope, is detrimental to the rights
of victims of human rights violations. He again reminds the Government of
Togo that efforts to ascertain the truth concerning all human rights
violations are essential, and that if national reconciliation is to have firm
foundations, it must not neglect the right of all victims to demand that
justice be done. To the same end, the Special Rapporteur urges the Government
to take into consideration the right of the victims to redress and
compensation.
Trinidad and TobaQo
Information received
477. The Special Rapporteur received various reports relating to the
Constitution (Aoeencloeent) Bill 1996, which, if passed by Parliament, would
allow Trinidad and Tobago to carry out executions currently deemed
unconstitutional. Article 2 of the Constitution Bill 1996 reportedly
stipulates that delay in the execution of a death sentence does not constitute
cruel and unusual punishment, while article 3 reportedly seeks to withdraw
from persons sentenced to death the right to a remedy for violations of the
right to be free from cruel and unusual punisboeent and is moreover retroactive
in application. Thus, the Bill would in essence overturn the 1993 ruling of
the Judicial Corcoeittee of the Privy Council (JCPC), the highest court of
appeal for Trinidad and Tobago, as well as for various other Caribbean
countries, in the case of Earl Pratt and Ivan Morgan. This ruling states that
the execution of prisoners who have been on death row for more than five years
constitutes inhuman or degrading punisboeent or treatment.
Turkey
Information received and conr unications sent
478. During the period under review, the Special Rapporteur continued to
receive allegations about violations of the right to life in Turkey. Half of
the allegations concerned violations of the right to life which allegedly
occurred in the south-east part of Turkey. Victims included Kurdish
villagers, students, journalists and mer ers of political parties. The
largest nunter of casualties reported appeared to be as a result of killings
during raids and military operations conducted against the Kurdish Workers
Party (PKK) . Reportedly, since the conflict started, thousands of Kurdish
villages have been burned down and their inhabitants forcibly evicted, and
more than 3,000 civilians are said to have been killed.
479. In addition, information regarding links between persistent impunity in
the country and the existence of a state of emergency continued to be
received. Thus, the establisboeent of a state of emergency, currently in force
in 10 provinces in south—east Turkey, has reportedly led to the excessive
concentration of power in the hands of the authorities. Decrees issued under
the State of Emergency Law are reportedly inr une from judicial challenge.
E/CN. 4/1997/60/Add.1
page 115
Some of the decrees have reportedly provided extensive powers to the regional
governor of areas where a state of emergency is in force. Thus, it is alleged
that Decree 430 of 16 Decer er 1990 declares that no criminal, financial or
legal responsibility may be claimed against such regional governors and no
application shall be made to any judicial authority. In addition, Decree 285
reportedly modifies the Anti—Terror Law in areas where a state of emergency is
in force, stating that the decision to prosecute mer ers of the security
forces is not the competence of the public prosecutor but of local
administrative councils, which are made up of civil servants reportedly with
no legal education and under the influence of the regional or provincial
governor, who is also the head of the security forces. Serious doubts have
been raised as to the willingness of the State to conduct prompt, thorough and
impartial investigations.
480. The Special Rapporteur transmitted one urgent appeal to the Government
of Turkey on behalf of some 200 prisoners in 16 Turkish prisons, all of them
reportedly accused or convicted of politically motivated offences, after being
informed that they had been on hunger strike for more than 57 days demanding
better prison conditions and, in particular, requesting that ill—treatment and
obstruction of medical treatment be stopped. According to the information
received, six prisoners had already died as a result of the hunger strike.
Other hunger strikers were said to be showing signs of sight and memory loss,
vomiting and urinating blood, and suffering from fever and nurcbness
(26 July 1996) .
481. In addition he transmitted allegations of violations of the right to
life of 37 identified individuals and 5 unidentified persons. Most of the
allegations of extrajudicial, stioemary or arbitrary executions allegedly
occurred in 1995 and 1996.
(a) The following persons were said to have died shortly after arrest
or while in custody:
(i) Journalists: Safyettin Tepe, working for the daily Yeni
Politika , who died in custody in the police headquarters in
Bitlis; Metin Goktepe, working for the pJilication Evrensel ,
who died in custody in Eyup;
(ii) Prison inmates: Yusuf Bag, Ugur Sariaslan and Turan Kilic,
killed by gendarmes when they forced entry into ward 6 at
Buca prison, near Izmir. According to the information
received, a large nurcber of gendarmes and mer ers of the
Special Operations Team were reportedly sent to the
prison following protests about prison conditions by
hunger-striking prisoners. It has been alleged that the
three individuals named above were believed to have died
either as a result of tear—gas borcJiing or as a result of
beating;
(iii) Villagers: Ali Karaca, a miller from the village of
Ibimahmut, Kom district, who died in Elagiz State Hospital
after having been detained by soldiers attached to Atacinari
Gendarmerie; Bedri Tan, heacloean of the village of Kadikoy,
E/CN. 4/1997/60/Add. 1
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who died under torture at the Hani Gendarmerie headquarters
after having been detained by gendarmes from Diyarbakir;
Hani Sule an Seyhan, whose body was reportedly found in the
village of Korucu after he had been detained by a soldier
and a village guard and held at Dargecit Gendarmerie
Battalion headquarters;
(iv) Political activists: Huseyin Koku, president of the
Elbistan branch of the People's Labour Party (HADEP) , found
dead in the to n of Puturge, Malatya province, after having
been detained and held in unacknowledged detention in
Kahramanoearas;
(v) Others: Ali Haydar Efe, who reportedly died of respiratory
and circulatory failure in Numue Hospital in A nkara, after
having been detained; PJDdullah Baslun who reportedly died in
Batman State Hospital after having been detained by soldiers
from the Batman Gendarmerie headquarters; Mehmet Senyigit,
found dead in the morgue of Diyarbakir State Hospital after
having been reportedly detained by four plainclothed police
officers in the Dicle district of Diyarbakir.
(b) The following persons were reportedly killed by mer ers of the
Special Operations Team: Mustafa Dolek killed in Kucuk Cennetpinari village,
near Pazarcik, by mercbers of the Special Operations Team who opened fire on
him; Serdar Ugras, a student at the university of Trakya, killed at his home
in Nusaybin;
(c) The following persons were reportedly killed by police officers:
Seboeus Yavus, killed in Kuslukbagi village by a police officer from Sirnah;
Selahattin Ekin, and a woman whose name remains unknown, killed during a raid
carried out by the police on a house in the Yeni Pazar district of Mersin;
Haci Yusuf Daloglu and Kadriye Osay, aged 17, killed during a police raid in
the Guneykent district of Mersin;
(d) The following persons were reportedly killed for their refusal to
become village guards: Cemil Bingol, mayor of the village of Kocasirt,
Mardin, reportedly killed by mercbers of the Special Operations Team;
Rezit Demirhan, Sabri Akdojan, Vahap Maco and Kamil Mentese, killed by
soldiers from the Bolu Conr ando Brigade and gendarmes from Lice Gendarmerie
during a village raid in Yolcati.
482. In addition, the Special Rapporteur requested the Government to
provide information regarding the killing of PJDdul Kadir Ezzat Khan,
Sarbest Abdul Kadir, aged 13, Ismael Hassan Muharcoeed Sherif, A bdulla Telli
Hussein, A bdul Rahman Muharcoeed Sherif, Gulli Zeki and Ahmed Fettah, shepherds,
reportedly killed by Turkish military forces in the Sarsang area,
northern Iraq.
E/CN. 4/1997/60/Add.1
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483. Moreover, the Special Rapporteur transmitted allegations to the
Government concerning the killing of Abdullah Ilhan, Neytullah Ilhan,
Halim Kaya, Aboeet Kaya, Ramazan Nas, Ali Nas, Besir Nas, and four other
unidentified villagers of Kurdish ethnic origin, reportedly shot and burnt in
the village of Guclukonak, Sirnak, allegedly by mer ers of the security
forces.
Conr unications received
484. The Government of Turkey sent the Special Rapporteur several
conr unications of a general nature, as well as replies to individual
allegations of violations of the right to life transmitted during 1995
and 1996.
485. The Government provided a reply to the urgent appeal on behalf of
some 200 prisoners on hunger strike in Turkish prisons. According to the
Government, a hunger strike which started on 20 May and ended on 27 July 1996
was initiated by inmates detained for terrorist offences in various prisons.
After initiating the hunger strike, they denied access to the medical
personnel trying to assist those in need of medical treatment. Strikers had
formulated a list of 38 demands, including the ending of security operations
against terrorism, the right to receive prohibited printed material and to
have prisoner—of—war status. According to the Government, such demands fell
beyond the realm of improvement of detention conditions. The Government
explained that the aim of the strike was to provoke the authorities to take
coercive action, which did not happen. Intervention of independent
personalities including writers, lawyers and politicians from various
political parties had led to an agreement. Upon reaching it those on strike
had been taken to hospitals to receive medical treatment (12 August 1996) .
486. The Government provided a reply concerning 42 alleged cases of
extrajudicial, stioemary or arbitrary executions, which were transmitted in 1995
(19 January 1996) .
487. The Government informed the Special Rapporteur that the following
persons had died during clashes with security forces and that the allegations
transmitted did not correspond to reality: Fuat Erdogan, Elmas Yalcin,
Ismet Erdogan, Refik Horoz, Reyhan Havva Ipek, Huseyin Deniz and
Selim Yesilova. Regarding the killings of Leyla Orhan and Asim Aydemir, the
Government informed the Special Rapporteur that they had died in an exchange
of fire with the police and that police officers involved in the incident were
awaiting trial.
488. The Government also stated that the allegations of violations of the
right to life of the following persons were factually incorrect and that the
cases were under investigation: Hasan Ocak, Hasan Kaymaz, Argis Feremez and
Fars Yildiz. Argis Feremez and Fars Yildiz were thought to have been killed
by menters of the PKK.
489. Regarding the killings of Sino Omer, Abdullah Ibrahim, Abdullah Kadir,
Rizgar Salih Huseyin, Osman Rasit, Ismail Huseyin, Abdulkerim Salih,
Feridun Ferhat Mustafa, Osman Mohanr ed and Kirman Abdullah, the Government
E/CN. 4/1997/60/Add. 1
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replied that the police had no record of those persons and that no
cross—border operations had been conducted on the date in question.
490. The Government also informed the Special Rapporteur that judicial
proceedings were under way against the suspected assailants of Cuneyt Aras,
Ferdi Aras, Ergun Aras, Pinar Aras and Birgul Aras. Regarding Meboeent Aras,
the Government notified the Rapporteur that he was serving a prison sentence
in the Erzurum closed prison for providing shelter and assistance to mer ers
of the PKK. Concerning the case of Ahmet Ozturk, the Government responded
that he had died during a clash but that an investigation had concluded that
the security forces were not responsible for his death.
491. Regarding the killings of Yalcin Kilic and Halil Kaya, the Government
stated that the allegations did not correspond to reality as the persons in
question had not been taken into custody on the dates referred to.
492. Allegations appeared to be also factually incorrect regarding the
deaths of M. Emin, M. Haci, Mehmet Nezih Gorel, Mehmet Kaya, Mehmet Ozkan,
A. Selam Demir and Serif Ekin. Moreover, regarding the case of Elik Yusuf the
Government replied that that subject, who was later identified as a mercber of
the PKK, was killed as he tried to escape. The Government also stated that
the allegations were not valid in regard to the case of Abdulmuhsir Melik and
that so far the perpetrators had not been identified and apprehended.
493. Regarding the allegation of the killing of 19 persons in Kahramanmaras
by the use of a chemical agent, the Government replied that that allegation
did not correspond to reality and that the persons, identified as mer ers of
the terrorist organization PKK, had died during a clash with security forces
on 30 July 1993 in Nurhak/Kahramanmaras.
494. The Government of Turkey informed the Special Rapporteur that regarding
the killing of Ersin Yildiz, allegations were not true and that the case was
still under investigation (1 March 1996) .
495. Information of a general nature was also provided to the Special
Rappporteur. Thus, the Government transmitted a copy of General Asser ly
resolution 50/186, entitled wHuman rights and terrorism”, of 22 Decer er 1995.
In the same corcoeunication the Government referred to the problem which the
country faced regarding terrorism (24 January 1996) .
496. The Government made reference to the amendment to article 8 of the
A nti—Terror Law and the results of that change, which called for the revision
of sentences passed under its former version. The Government informed the
Special Rapporteur that, as of 25 Septer er 1996, 269 persons had been
released as a result of the application of the amendment. Furthermore, the
Government informed the Special Rapporteur of a reform process initiated in
Turkey with the aim of improving the standards of democracy and human rights;
the envisaged reforms included undertaking the necessary efforts to eradicate
the practice of torture, shortening detention periods and reforming the system
of State Security Courts (13 Decer er 1995 and 9 and 23 October 1996) .
E/CN. 4/1997/60/Add.1
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Follow—un
497. The Special Rapporteur sent a letter to the Government of Turkey,
expressing concern at the fact that there seemed to be a sjistantial
difference between the information provided by the sources and the replies
given by the Government, making it impossible for the Special Rapporteur to
draw any conclusions as to the merits of the allegations.
498. In the same letter, the Special Rapporteur brought to the Government's
attention additional information received from the source regarding the
11 persons killed in the village of Guglukonak, Sirnak. According to the
source, the Turkish authorities had claimed the attack to be the
responsibility of the PKK. However, witnesses of the events allegedly
continue to declare that Turkish government forces and not the PKK perpetrated
the killings. Reportedly, the victims were coerced village guards of dubious
loyalty to the Turkish government forces or had resisted enrolment. Moreover,
it was stated that Turkish soldiers who were escorting the bus in which the 11
persons were travelling at the time of the attack, appeared to have jumped out
of it minutes before the ar ush. Bullet holes in the bus reportedly indicated
that the bus had been shot at from the front and bullets had penetrated the
roof in a way suggesting that the attack could have taken place from a
helicopter. It is stated that according to witnesses a Turkish military
helicopter was in the area at the time of the incident.
499. In the same communication, the Special Rapporteur apologized for having
retransmitted the allegation concerning the killings of Husseyin Deniz,
Refic Horoz, Hawa Ipek and Selim Yesilova, which was already transmitted to
the Government in 1994.
Follow-un to the request for a visit to Turkey
500. The Special Rapporteur had requested a visit to Turkey in previous years
(see E/CN.4/1996/4, para. 492, E/CN.4/1995/61, para. 315). In a letter dated
2 Septercber 1996, he reiterated to the Government his interest in visiting
Turkey, referring to previous communications, mainly those dated
16 Septer er 1992, 23 Decer er 1993, 23 Septercber 1994 and 22 August 1995, in
which he had expressed his interest in conducting a mission to the country.
In his latest conr unication, the Special Rapporteur mentioned that during a
meeting held in Novercber 1993 with a representative of the Government of
Turkey, as well as by a communication from the Government dated 7 April 1995,
the Government had agreed in principle to such a visit. In view of the above,
the Special Rapporteur requested the Government to suggest a date for the
mission to be carried out. On 20 August 1996, the Special Rapporteur held a
meeting with the Arcbassador of Turkey at which issues of common concern were
discussed frankly. The Special Rapporteur was assured that the Government was
open to cooperating with the Special Rapporteur with regard to a visit. The
request for the visit would be brought to the attention of the authorities.
Observations
501. The Special Rapporteur wishes to thank the Government of Turkey for the
replies provided and for the willigness shown to cooperate with his mandate.
He continues to be concerned about violations of the right to life committed
E/CN. 4/1997/60/Add. 1
page 120
by Turkish security forces against civilians in the attempt to fight the
PKK guerrillas. While acknowledging the difficulties faced by the Government
to control violence caused by the PKK, and recognizing that human rights
abuses are also being corcoeitted by mer ers of this organization, he cannot but
reiterate that the right to life is absolute and must be respected even under
exceptional circumstances. Governments must respect the right to life of all
persons, including mer ers of armed groups, even when they demonstrate total
disregard for the lives of others.
502. The Special Rapporteur wishes to reiterate his wish to conduct a visit
to Turkey. He believes that such a visit could provide an opportunity to
formulate, as appropriate, reconr endations for improvement of respect for the
right to life.
TurI j enistan
Information received
503. The Special Rapporteur was informed that Turkmenistan retains the death
penalty for 14 offences, among them drug trafficking. The Supreme Court of
Turkmenistan was reported to have sentenced to death two persons on charges of
drug trafficking, probably in August 1995. It was also brought to the Special
Rapporteur's attention that Tur a enistan, in relation to its population of
4.5 million, has a very high nurcber of executions annually. According to the
information received, 100 death sentences were passed in 1992, 114 in 1993,
126 in 1994; all of them were said to have been carried out by mid-1995.
Observations
504. The Special Rapporteur is concerned about the allegations received in
regard to the large nurcber of executions and the provision of the death
penalty for drug—related offences. In this regard, he wishes to bring to the
Government's attention that paragraph 1 of the safeguards guaranteeing
protection of the rights of those facing the death penalty, approved by the
Economic and Social Council in 1984, stipulates that capital punishment may be
imposed only for the most serious crimes with lethal or other extremely grave
consequences. The Special Rapporteur therefore calls on the Government to
abolish the death penalty for drug—related crimes.
Tunisia
Information received and conr unications sent
505. The information and allegations conr unicated to the Special Rapporteur
indicate that violations of human rights continue to occur in Tunisia,
including violations of the right to life. Reports received emphasize the
absence of independent investigation of numerous cases of death in detention
related to torture. Moreover, according to the information he is receiving,
the persons responsible for human rights violations enjoy complete impunity.
506. The Special Rapporteur sent an urgent appeal to the Tunisian Government
requesting the authorities to take the necessary measures to guarantee the
right to life of Kh mais Charcoeari, a deputy of the Socialist Democrats'
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page 121
Movement, Alya Sharif—Chanr ari, his wife and a lawyer, and their daughter
Fatima. According to the information received, since 1995 the couple have
been the victims of a nur er of acts of intimidation and harassment. The
fears expressed for their lives and physical safety have apparently been
confirmed following a serious car accident in which Alya Sharif—Chanr ari and
her daughter were badly injured. The accident was reportedly caused by a car
belonging to the security services, which had been following them.
507. The Special Rapporteur also transmitted to the authorities the
allegations he had received concerning the deaths in Tunisian prisons of the
following persons:
(a) Lotfi Glaa, a student and former mer er of the ENNAHDA Islamic
organization (wLa Renaissance”) , who died in detention on 6 March 1994 after
being arrested at Djerba airport on his way home from a three—year stay in
France. It was reported that no pJilic inquiry was carried out to establish
the causes and circumstances of his death;
(b) Ameur El Beji, Vice—President of the Jbeyniana section of the
Socialist Democrats' Movement and mercber of ENNAHDA, who was found hanged from
the window of his cell on 9 Nover er 1994. There has been no response to the
requests for clarification addressed to the authorities;
(c) Ismail Kh mira, a mathematics teacher, who was sentenced to four
years' imprisonment for political activities in support of ENNAHDA and died in
a prison in Tunis on 9 April. According to the information received, he had
been tortured and received no treatment in prison.
508. The Special Rapporteur also drew the attention of the Government to
allegations concerning the deaths of other prisoners, ENNAHDA mer ers and
sympathizers, in prison in 1994 and 1995, due to the fact that they had been
deprived of essential medical attention:
(a) Ezzeddine Ben Aicha, mer er of the wHabib Lassoued” Islamic group,
who died in Nadhor prison on 18 August 1992. According to the information
received, he had been sentenced to 20 years' imprisonoeent by the military
court in Bab Saadoun in August 1992, following the trial of 279 confirmed or
presumed mercbers of ENNAHDA and other groups. The victim had apparently been
beaten by guards a few days before his death.
(b) Sahnoun Jaouhari, mercber of ENNAHDA, former mer er of the Tunisian
Human Rights League and journalist on Al Fair , was arrested in 1991 and died
on 26 January; no mercber of his family was apparently allowed to see his body.
According to the information received, his state of health necessitated
medical care, which he was not given.
Conr unications received
509. The Governoeent of Tunisia provided information in response to the
allegations transmitted by the Special Rapporteur to the effect that inquiries
had been conducted and had elicited the following facts. In the case of
Lotfi Glaa, two autopsies had been ordered and had sho n that his body bore no
E/CN. 4/1997/60/Add. 1
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trace of violence apart from that caused by the effect of hanging. The
examining magistrate accordingly decided, on 30 June 1994, that the charge
of intentional premeditated homicide should be permanently filed. Concerning
Ameur El Beji, the autopsy showed that he had corcoeitted suicide by
hanging. Since no physical injury had been found, the case was closed
on 20 January 1995. Ismail Kh mira was not sJijected to any ill—treatment but
had been suffering from a serious illness prior to his imprisonment and
underwent several medical examinations. According to the autopsy, he died of
natural causes.
510. Ezzeddine Ben Aicha died while being taken to a hospital in
Tunis, following a serious indisposition noted when he was arrested
on 17 August 1994. The autopsy showed that he had died of natural causes.
511. Sahnoun Jaouhari had been taken to hospital in Tunis following a
diagnosis made by the medical follow—up services. He died of stomach cancer
on 26 January 1995 (29 October 1996) .
512. The Government also responded to the urgent appeal transmitted by the
Special Rapporteur, informing him that Kh mais Charcoeari and his wife Alya had
not been subjected to any act of intimidation or harassment. The road
accident in which his wife and daughter were injured was unrelated to the
security services, and the fears that their lives were in danger were
groundless (21 June 1996) .
Observations
513. The Special Rapporteur wishes to thank the Tunisian Government for the
information it provided to him concerning the allegations transmitted during
the year, and for their cooperation in the fulfilment of his mandate. He
nevertheless remains concerned at the persistent allegations of violations of
the right to life, and in particular the numerous deaths in detention
following allegations of ill—treatment and torture.
Ukraine
Information received and conr unications sent
514. Information brought to the Special Rapporteur's attention indicated that
Ukraine was reported to be among the countries with the highest annual nunter
of executions in the world. The Special Rapporteur was informed that there is
a great official reluctance to reveal statistical information on the death
penalty, which is reportedly regarded as a State secret. This secrecy was
reported to extend to relatives, who are not informed in advance of the date
of a prisoner's execution and are not, after the execution, entitled to the
body, which is reportedly buried in an unmarked grave in a location not
revealed to the family.
515. Moreover, the Special Rapporteur has received ntioeerous reports in
relation to Ukraine joining the Council of Europe on 9 Nove n ter 1995, on which
occasion the Government undertook to impose an ircoeediate moratorium on
executions, and to abolish the death penalty within three years. According to
the sources, however, death sentences have reportedly been imposed since that
E/CN. 4/1997/60/Add.1
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date and it was alleged that a nur er of executions might have been carried
out. The reports also suggested that the Ukrainian authorities have not
informed local officials and bodies that a moratorium is in force, as a result
of which people continued to be at risk of execution.
516. In this context the Special Rapporteur sent three urgent appeals
to the Government of Ukraine for the following persons, who were reportedly
facing ircoeinent execution after their appeal for clemency had been turned down
by the President of Ukraine: Vitaly Gumenyuk (24 April 1996),
Aleksey Vedmedenko (17 July 1996) and Sergey Tekuchev (18 July 1996) .
In addition, the Special Rapporteur sent an urgent appeal on behalf of
Sergey Gennadiyevich Tekuchev and Maksim Georgiyevich Artsy ik, who were
allegedly sentenced to death on the basis of confessions obtained under
duress (27 February 1996) .
Conr unications received
517. The Government provided replies to the urgent appeals transmitted
during 1996 on behalf of Sergey Gennadiyevich Tekuchev,
Maksim Georgiyevich Artsyuk, Vitaly Gumenyuk and Aleksey Vedmedenko.
518. In respect of Maksim Georgiyevish Artsy ik, the Government replied that
the records of his case contained no indication that while under arrest he had
been subjected to physical violence and that defence counsel had been made
available to him during the preliminary investigations and trial. Regarding
Sergey Gennadiyevich Tekuchev, the Government responded that no unauthorized
methods of investigation had been used upon him and that the medical attention
he had received during the investigations had been for asthma, not for bodily
injuries (6 May 1996) .
519. The Government also provided a reply to the urgent appeal sent on behalf
of Vitaly Gumenyuk, stating that his appeal had been examined by the Ukrainian
Supreme Court, which saw no grounds for contesting the court's findings in
respect of Vitaly Gumenyuk as his guilt was established by the evidence in the
case and his sentence was justified (19 June 1996) .
520. Furthermore, the Government replied to the urgent appeal sent on behalf
of Aleksey Vecloeedenko, stating that no breaches of the rules of criminal
procedure that might give cause to withdraw the sentence had been found
to have been corcoeitted in the consideration of the case against
Aleksey Vedmedenko, either on the part of the Zaporozhye regional court or on
the part of the Supreme Court of Ukraine (4 Septercber 1996) .
Follow—un
521. The Special Rapporteur sent a follow—up corcoeunication reminding the
Government of the case of Nicolaj Szpakowicz, which had been sent during 1995
and to which no reply had yet been received. He also requested further
clarification in regard to the case of Vitaly Gumenyuk, and in particular the
measures that had been taken by the Government to ensure that his death
sentence would not be carried out.
E/CN. 4/1997/60/Add. 1
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Observations
522. The Special Rapporteur wishes to thank the Government of Ukraine for the
replies provided but regrets that he was not informed about any steps taken by
the Governoeent to ensure respect for the conr itments it undertook on joining
the Council of Europe in Novercber 1995, in particular in regard to imposing an
ircoeediate moratorium on executions of the death sentence.
United KinQdom of Great Britain and Northern Ireland
Information received and conr unications sent
523. The Special Rapporteur received information indicating that in recent
years the nunter of deaths in police custody and in prison had increased. It
was reported that, in a nunter of cases, violence by the police at the time of
arrest appeared to have contributed to the death in custody.
524. The reports received also suggested that Afro—Caribbean people were
markedly over—represented among those people who died in custody after violent
incidents. It has been alleged that, in many of these cases, death occurred
after the excessive use of force by police or prison officers. The Special
Rapporteur also received information suggesting that in very few of the cases
of death in custody were criminal charges brought or officers disciplined.
525. The Special Rapporteur informed the Government that it was brought to
his attention that the coroner's inquest procedure in Northern Ireland is
significantly narrower than the procedure which existed in England and Wales.
According to the source, juries in England and Wales are permitted to reach
verdicts such as wunlawful killing”, whereas in Northern Ireland they are only
allowed to make findings on the identity of the deceased and how, where and
when he died.
526. The Special Rapporteur transmitted to the Governoeent allegations of
violations of the right to life of the following nine persons:
John Leo O'Reilly, who reportedly died on 17 July 1994 in Walsgrave Hospital,
Coventry, after the police officers who had arrested him allegedly failed to
notice a serious head injury; Nadeem Younus, reportedly mentally ill, who died
in Littlehey prison on 4 Decercber 1992 and who was reportedly left without
proper medical attention after he had taken an overdose of paracetamol;
Richard O'Brian, who reportedly died on 4 April 1994 from postural
asphyxiation in London within 10 minutes of his arrest; Wayne Douglas, of
Afro—Caribbean origin, who reportedly died within an hour of his arrest in
London on 5 Decercber 1995; Denis Stevens, of Afro—Caribbean origin, who was
reportedly found dead on 18 October 1996 in Dartmoor prison in a body belt
which had been in place for nearly 24 hours; Alton Manning, of Afro—Caribbean
origin, who reportedly died on 8 Dece n ter 1995 in Blakenhurst prison from
asphyxiation; Kenneth Severin, of Afro—Caribbean origin, who reportedly died
on 25 Nove n ter 1995 in Belmarsh prison, London, from asphyxia following
restraint; Leon Patterson, of Afro—Caribbean origin, who reportedly died
on 27 Nove n ter 1992 in his cell at Denton police station in Manchester.
E/CN. 4/1997/60/Add.1
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527. In addition, The Speoial Rapporteur sent to the Government allegations
he received in regard to the death of Dermott McShane, who was reportedly run
over and killed by an armoured personnel carrier operated by the British army
during a riot in Londonderry on 13 July 1996.
Conr unications received
528. On 31 October 1996, the Government provided the Special Rapporteur with
replies concerning all the cases and a follow—up letter transmitted to it
during 1996. On the same date the Government forwarded detailed information
in response to general allegations transmitted to it.
529. Regarding the case of John Leo O'Reilly, the Government informed the
Special Rapporteur that the High Court had dismissed an application by
O'Reilly's family for judicial review of the verdict of the original inquest
jury in March 1994, but had granted a new inquest, which had been set for
hearing early in 1997 before a different coroner. Further, the Government
stated that at the original inquest a verdict of “accidental death” had been
returned by the jury and that no penal or disciplinary action had been taken
against the officers involved.
530. In the case of Nadeem Younus, the Government forwarded to the Special
Rapporteur a copy of the post mortem report which concludes that he died from
an overdose of paracetamol. Moreover, the Government stated, the afternoon
previous to his death an empty paracetamol container had been found in
Younus's room. According to the Government, Younus was not forthcoming about
whether he had taken any tablets and therefore staff were instructed to be
observant.
531. Regarding the deaths of Dennis Stevens, Kenneth Severing and
Alton Manning, the Government informed the Special Rapporteur that the cases
were sJi judice .
532. In the case of Richard O'Brian, the Government informed the Special
Rapporteur that he died of postural asphyxia following a struggle against
restraint and that the Crown Prosecution Service was reconsidering its
original decision not to initiate criminal proceedings against the officers
involved in O'Brian's arrest.
533. In respect to the death of Wayne Douglas, the Government forwarded a
copy of the post mortem report which concludes that he died from hypertensive
heart disease. The Government also stated that the Crown Prosecution Service
had found no evidence to support a criminal prosecution against any police
officer involved in Douglas's arrest.
534. In the case of Leon Patterson, the Government replied that the matter is
sub judice pending a further inquest into Patterson's death. However, the
results of an investigation of the Police Complaints Authority were referred
to the Director of PJilic Prosecutions, who found that the evidence obtained
did not justify criminal proceedings.
535. Regarding the death of Dermott McShane, the Government informed the
Special Rapporteur that the case is under investigation.
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536. The Government also replied to the request by the Special Rapporteur
for further clarification in a nur er of cases. Regarding the case of
Joy Gardener, the Government regretted that it is unable to forward a written
decision, since in this context juries in general do not give reasons for
their decision. Referring to the case of Shiji Lapite, the Special Rapporteur
was informed that his death was caused by asphyxiation and cocaine
intoxication. According to the Government, the inquest into Lapite's death
was completed with a verdict of unlawful killing, but the Director of Public
Prosecutions decided that no criminal charges would be brought against the
officers involved in the matter. However, the officers remain suspended
pending the decision whether to prefer disciplinary charges against them. In
the case of Brian Douglas, the Government stated that in the coroner's inquest
the jury returned a verdict of death by misadventure. As a result no criminal
charges will be brought against the officers involved. In the case of
Pearce Jordan, the Government conveyed to the Special Rapporteur that it is
not appropriate for the Director of Public Prosecutions to give detailed
reasons why a decision was made not to initiate a prosecution. The Government
also replied that the case is still sub judice and that the inquest findings
were not available. In the case of Patrick Finucane, the Government informed
the Special Rapporteur that the case was still under investigation and any
evidence presented was being considered.
537. The Government responded in detail to the general allegations
transmitted to it during 1996, stating that, contrary to allegations, the
nurcber of deaths in police custody had not increased in recent years, but
rather had decreased. Further, it regretted that there had been an increase
in the nurcber of deaths in the custody of the Prison Service. However,
according to the Government, this increase corresponded with the rising prison
population in the United Kingdom. The Government also reported that in 1994
the Prison Service had launched a strategy on caring for the suicidal in
custody. In addition, the Government denied that many of the deaths in
custody could have been prevented by proper medical attention. Corcoeenting on
the restraint techniques used by the police, the Government denied that
violence at the time of arrest is a contributory factor to deaths in custody.
In regard to control and restraint methods used by the Prison Service, the
Government stated that between 1990 and 1995 there had been six deaths under
restraint and that work had begun to consider any fact which might have a
bearing on such events. In regard to the allegation that there is a link
between certain ethnic origin and the occurrence of death in custody, the
Government informed the Special Rapporteur that the police would start
recording the ethnic origin of those who die in police custody as of 1996. In
respect to persons who die in Prison Service custody, the Government advanced
figures indicating that the deaths of Black and Asian prisoners are
proportionate to the nur ers of Black and Asian prisoners within the prison
system.
538. Addressing the question of the practice and procedure in
Northern Ireland in relation to inquests, the Government pointed out that
differences with England and Wales are procedural and do not fundamentally
affect the function of an inquest, which is not to express opinions on matters
of criminal and civil liability, but only to determine the essential facts
surrounding a death. The Special Rapporteur was informed that there are no
plans to change the current system (31 October 1996) .
E/CN. 4/1997/60/Add.1
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Follow—un
539. The Special Rapporteur thanked the Government for the information
provided and sought further clarification in a nurcber of cases. In regard to
Shiji Lapite, Brain Douglas and Patrick Finucane, he requested information
regarding the investigations and proceedings. In the case of Pearce Jordan,
he asked the Government to send him the findings of the coroner's inquest and
to inform him why it was decided not to prosecute any of the officers
involved. In the case of Joy Gardener, he asked the Government to send him
the relevant court decision.
Observations
540. The Special Rapporteur thanks the Government of the United Kingdom for
its continuing cooperation and, in particular, for providing him with detailed
replies with respect to all cases and allegations transmitted to it.
541. Having in mind that the majority of the reports received by him
regarding deaths in custody concerned persons belonging to ethnic minorities,
the Special Rapporteur welcomes the decision that the police will record the
ethnic origin of those who die in police custody in the future.
542. The Special Rapporteur remains concerned in respect to the question of
inquest procedures in the United Kingdom. In particular he fails to
understand why in England and Wales juries can return a verdict of “unlawful
killing” while at the same time, as stated by the Government, it is not the
function of inquest to determine criminal or civil liability. Also, the
Special Rapporteur does not see a reason for having differing procedures in
Northern Ireland, on the one hand, and in England and Wales, on the other. In
this regard, he regrets that there are no plans to change the current systems.
United States of America
Information received and conr unications sent
543. As in previous years, the Special Rapporteur received numerous reports
indicating that in some cases the practice of capital punishment in the
United States does not conform to a nurcber of safeguards and guarantees
contained in international instruments relating to the rights of those facing
the death penalty. The imposition of the death penalty on mentally retarded
persons, the lack of adequate defence, the absence of obligatory appeals and
racial bias continue to be the main concerns.
544. The Special Rapporteur sent 12 urgent appeals concerning death sentences
imposed in the following states: Arizona, Delaware (3) Florida, Illinois,
Indiana, Missouri (2), Oregon, Texas (2) , Utah and Virginia. The urgent
appeals to the Government of the United States were sent on behalf to the
following 14 persons:
E/CN. 4/1997/60/Add. 1
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(a) Sentenced to death despite their mental retardation:
Emile Duhamel (17 January 1996) ; Jeff Sloan, who was also reported to have
been represented by an inexperienced lawyer (9 February 1996); and
Richard Oxford (12 August 1996) . The Special Rapporteur also sent an urgent
appeal for Billie Bailey, who reportedly suffered from serious psychological,
emotional and behavioural problems (18 January 1996) ;
(b) Sentenced to death after trial in which their right to an
adequate defence had allegedly not been fully ensured: James M. Briddle
(11 Decer er 1995) ; John Taylor (15 January 1996) ; and William Henry Flamer
(18 January 1996);
(c) Sentenced to death without resorting to their right to lodge any
legal or clemency appeal: Guinevere Garcia, who was also reported to suffer
from severe personality disorders; James B. Clark (9 April 1996); and
Douglas Wright (12 August 1996) ;
(d) Sentenced to death despite strong indications casting doJ t on
their guilt: Tonr ie Smith (16 July 1996); Rickey Roberts, who was also
reported not to have been adequately represented (20 February 1996) ;
Joseph Roger O'Dell, who has reportedly extraordinary proof of innocence which
could not be considered because the law of the State of Virginia does not
allow new evidence into court 21 days after conviction (12 August 1996);
(e) Luis Mata, who was reportedly sentenced to death after a trial
which was allegedly marked by racial bias. According to the source, he was
sentenced and resentenced to death in 1977 and 1978 respectively by the same
judge, who has reportedly since been disqualified for making derogatory racial
remarks in some cases presented before him (15 August 1996) .
545. In addition, the Special Rapporteur transmitted allegations of
violations of the right to life conr itted by police officers against four
persons:
(a) A nthony Baez, of Puerto Rican origin, who reportedly died
on 22 Decer er 1994 as a result of injuries sustained during his arrest in the
Bronx, New York. The medical examiner reportedly concluded that the victim's
death was caused by asphyxia due to compression of the neck and chest, as well
as acute asthma.
(b) Frankie Arzuega, reportedly shot and killed on 12 January 1996
while seated in the back of a parked car. It has been reported that,
according to police statements, the police officer fired through the back
widow of the car, thereby killing the victim, after the driver tried to drive
off while being questioned by another police officer.
(c) Aniibal Carrasquillo, an unarmed man of Puerto Rican origin,
reportedly shot and killed on 22 January 1995 in Brooklyn, New York. The
incident reportedly took place after police officers saw the victim peering
into the window of the parked car. According to the source, a medical
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examiner allegedly reported that the autopsy had sho n that the victim was
shot in the back, though a police spokesperson had allegedly stated that the
victim was shot in the chest after turning to face the police officer in a
“gun stance”.
(d) Aswon Watson, an unarmed black man, reportedly killed
on 13 June 1996 by three police officers in plain clothes. According to the
source, the victim was shot 24 times while he was entering his car. It was
also alleged that the New York City Police Department violated its own
regulations and procedures by removing the body within minutes of the shooting
without conducting any crime scene investigation.
Conr unications received
546. In response to the urgent appeals transmitted by the Special Rapporteur,
the Government of the United States continued to provide a reply in the form
of a description of the legal safeguards provided to defendants in the
United States in criminal cases, and in particular those specific to death
penalty cases. In its replies, the Government referred to the following
cases: Joseph Spaziano, Larry Lonchar, Luis Mata, Mumia Abu Jamal,
Robert Brecheen, Barry Fairchild, Frederic Jermyn and Dennis Waldon Stockton
(5 January 1996) ; James Briddle, Guinevere Garcia, John Taylor, Billie Bailey,
William Henry Flamer, A nthony Joe Larette, Emile Duhamel, Jeff Sloan
and Rickey Roberts (29 February 1996); Torcoeie Smith (17 July 1996);
James B. Clark, Richard Oxford, Luis Mata, Douglas Wright, Joseph Roger O'Dell
(20 August 1996) . Concerning none of these cases, a sjistantive reply was
received.
Follow—un
547. The Special Rapporteur, in its follow—up conr unication, thanked the
Government for the replies provided but indicated that these replies did not
satisfy the requests for information expressed in each of his corcoeunications.
The Special Rapporteur also informed the Government that the appropriate
authorities of the states concerned had not provided him with additional
information with regard to these cases. In addition, the Special Rapporteur
reminded the Government of his letter of 25 Septercber 1995 in which he
expressed several general concerns with regard to the application of the
death penalty in the United States of America, to which no reply had yet
been received. Lastly, he reminded the Government of his letters
of 23 Septercber 1994 and 25 Septer er 1995, in which he inquired whether the
Government could consider extending him an invitation to carry out an on—site
visit.
Follow—un on the request for a visit
548. In a letter addressed to the Permanent Representative of the
United States of Aoeerica to the United Nations Office in Geneva, the Special
Rapporteur indicated that, in view of the fact that repeated requests for an
invitation during 1994 and 1995 had met with no response, he would highly
appreciate it if the Government of the United States could inform him within
two weeks whether such a visit could take place before February 1997. In the
E/CN. 4/1997/60/Add. 1
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same letter, he also requested a meeting for the third week of Septer er 1996
to discuss this matter, as well as other issues concerning his
mandate (2 Septercber 1996) .
549. As a result of this request, the Special Rapporteur had a meeting with
representatives of the Government on 23 Septercber 1996, during which he
was orally invited to carry out a visit to the United States of America.
On 8 October 1996, the Special Rapporteur further requested an invitation in
writing and indicated that the most convenient period for him to conduct such
a visit would be between April and July 1997. The Government extended an
invitation in writing on 17 October 1996.
Observations
550. The Special Rapporteur regrets that no replies were received to the
individual cases he transmitted during 1996 and to the allegations of a
general nature which he transmitted during 1995. He also regrets that no
substantive replies were received to the urgent appeals.
551. The Special Rapporteur remains deeply concerned that death sentences
continue to be handed down after trials which allegedly fall short of the
international guarantees for a fair trial, including lack of adequate defence
during the trials and appeals procedures. A n issue of special concern to the
Special Rapporteur remains the imposition and application of the death penalty
on persons reported to be mentally retarded or mentally ill. Moreover, the
Special Rapporteur continues to be concerned about those cases which were
allegedly tainted by racial bias on the part of the judges or prosecution and
about the non—mandatory nature of the appeals procedure after conviction in
capital cases in some states. In this context, the Special Rapporteur
welcomes the decision of the Government of the United States of America to
invite the Special Rapporteur for an on—site visit.
UruQuay
Conr unications received
552. The Government of Uruguay provided information concerning the case of
Fernando Alvaro Morroni, who died during a demonstration in Montevideo in
August 1994. At the time when the Government's reply was received, the
results of the administrative investigation were still pending. In addition,
the Government stated that in accordance with the order of the court of first
instance, prosecution proceedings, without detention, were brought against
four police officers, two on charges of repeatedly and wrongfully failing to
prevent the offence of causing bodily harm, and two for repeatedly and
wrongfully failing to prevent the offences of causing serious bodily harm and
grievous bodily harm (10 January 1996) .
Follow—un
553. By a follow—up corcoeunication of 1 Septer er 1996, the Special Rapporteur
requested the Government to keep him informed of procedural developments in
this case.
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Uzbekistan
Information received and conr unications sent
554. The Special Rapporteur sent a joint urgent appeal to the Government of
Uzbekistan with the Special Rapporteur on torture and the Special Rapporteur
on the independence of judges and lawyers on behalf of U. Emitry, who had been
sentenced to death, and Lee Vladimir, Arutyunov Vitaly and Tsoi Valery, who
had been sentenced to 12 years' imprisonment for murder. According to the
information received, the defendants confessed under duress and their trial
was characterized by ntioeerous violations of the right to a fair
trial (29 Decer er 1995) .
Vene zuel a
Information received and conr unications sent
555. The Special Rapporteur transmitted an urgent appeal to the Government of
Venezuela requesting that the necessary measures should be taken to protect
the life and physical safety of Alexander J 05 Pimentel, after he had been
arrested, threatened and beaten by two police officers. The Special
Rapporteur was informed that the threats and intimidation were in reprisal for
the demands for justice made by Alexander J 05 Pimentel and his family,
following the death of his brother, who had been murdered in June 1995 by
mercbers of the State of Sucre municipal police.
556. On 25 October 1996, the Special Rapporteur sent a conr unication to the
Government of Venezuela after being informed that, on 22 October 1996, at
least 27 prisoners in El Paraiso craft work and rehabilitation centre, known
as La Planta prison, in Caracas had died after an attack by mer ers of the
National Guard. According to the information received, mercbers of the
National Guard, supposedly without any provocation, fired tear—gas and bullets
into some of the cells. Following the attack a fire broke out and spread
rapidly. The prisoners had reportedly been shut in their cells at a time when
the cells should have been unlocked. At least three of the victims, including
a minor, were said to have died of bullet wounds. Some of the injured
prisoners with second and third—degree burns were taken to local hospitals.
557. The Special Rapporteur also transmitted to the Governoeent the case of
Jairo Gar oa, a Colorifiian fisherman who had reportedly been killed by mercbers
of the Venezuelan National Guard who fired at his canoe on the Arauca river,
at the point known as Puerto Contreras, Saravena, Arauca. The case was also
transmitted to the Government of ColorcJiia (see para. 125) .
Observations
558. The Special Rapporteur deeply regrets the death of at least 27 prisoners
in La Planta prison in Caracas. He requests the Governoeent to take urgent
measures to avert a recurrence of these tragic incidents. He calls on the
Government to carry out thorough investigations into this case and other
complaints of violations of the right to life, and to ensure that the security
officers involved in these incidents are made to answer for their acts.
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Viet Nam
Information received and conr unications sent
559. The Special Rapporteur transmitted an urgent appeal to the Government of
Viet Nam requesting the competent authorities to take the necessary steps to
ensure the right to life and physical integrity of Ly Thara, Ly Chadara and
Nguyen Phong Seun. Ly Thara was reportedly facing the death penalty for crimes
aimed at overthrowing the Governoeent. According to the information received,
on 9 March 1996 Ly Thara was deported to Viet Nam by the CarcJDodian authorities
together with Ly Chandara, editor of the Phnnom Penh-based Vietnamese language
magazine Viet Nam Tu Do (Free Viet Nam) , and Nguyen Phong Seun. All three
were reportedly detained at Chi Hoa Prison in Ho Chi Minh City. It was alleged
that Ly Thara was severely beaten by police interrogators in Chi Hoa Prison to
make him confess. Furthermore, reports were received expressing fear that,
when convicted, he would not be allowed sufficient time to exhaust appeal
procedures and to make use of his right to petition the President of the
Republic (28 March 1996) .
Conr unications received
560. The Governoeent of the Socialist Republic of Viet Nam informed the
Special Rapporteur that, in March 1996, the Vietnamese authorities had
received three persons deported by CarcJiodia for having engaged in activities
opposing Viet Nam in CarcJDodia. The Government furthermore stated that they
were in temporary detention, in conformity with the Vietnamese Criminal
Procedures Code, and were being treated humanely (18 July 1996) .
Yemen
Information received and conr unications sent
561. The Special Rapporteur transmitted allegations of violations of the
right to life on behalf of two identified and six unidentified persons:
(a) Six unidentified persons, reportedly killed in July 1995 when
central security forces opened fire on spectators at a football match between
Aden and Sanae in the Aden stadium;
(b) Ahmad Bakhabira, who reportedly had been detained by menters of
the security forces since May 1996 and allegedly died as a result of torture.
His body was reportedly found on 25 June 1996 in the morgue of Ibn Sina
Hospital at Mukalla, where it had reportedly lain for approximately 15 days;
(c) Abdullah Hussein al—Bajiri, the brother of the poet Ali Hussein
Abdul Rahman al—Bajiri, reportedly killed on 29 June 1996 by a mercber of the
security forces at the poet's house, allegedly because the victim was mistaken
for this brother.
Follow—un
562. The Special Rapporteur sent a letter reminding the Governoeent of several
cases sent during 1995 and 1996 concerning which no replies had yet been
received.
Observations
E/CN. 4/1997/60/Add.1
page 133
563. The Special Rapporteur regrets the lack of response from the Government
of Yemen regarding cases sent during the past three years.
Zaire
Information received and communications sent
564. In 1996, the Special Rapporteur continued to receive information
concerning mass violations of human rights in Zaire, including extrajudicial,
summary or arbitrary executions, particularly in the context of the
aggravation of the ethnic conflict between Hutus and Tutsis in North-Kivu and
between Hutus and the so—called indigenous ethnic groups.
565. The Special Rapporteur's attention was also drawn to the fact that the
violence in Rutshuru, Masisi, Walikale and other places had caused a
substantial influx of Zairian refugees into Rwanda.
566. In this connection, the Special Rapporteur received disturbing, specific
reports of the direct involvement of the armed forces and security forces not
only in killings, looting and fire—raising, but also in the expulsion of
Zairian Tutsis from their own country. The presence of mercbers of the Zairian
armed forces, associated with the Kimia and Mbata operations aimed at
disarming the militias, caused insecurity to increase because of their
connivance in the acts of violence perpetrated by the Interahamwes and the
Hutu militias.
567. For a detailed analysis of the human rights situation in Zaire,
reference is made to the report submitted to the Corcoeission on Human Rights by
Mr. Roberto Garret6n, Special Rapporteur on the situation of human rights in
Zaire (E/CN.4/1997/6 and Add.1) .
568. The Special Rapporteur addressed two urgent appeals to the Government of
Zaire. Fears for the life and physical safety of Alain Hgende, representative
of the Zairian Human Rights Association, had been expressed following the
repeated death threats to which he had been sJ jected by the military
authorities in Basankusu and by Mr. Borcboko, son of the chief of the town of
Basankusu.
569. In another urgent appeal, sent on 12 Septer er 1996, the Special
Rapporteur urged the Government to take urgent measures to prevent any further
violence after he had learned that a large nurcber of persons of Tutsi origin,
more specifically mercbers of the Banyamulengue people, had been killed by
mercbers of the Zairian armed forces, including 35 on 6 and 7 Septer er alone.
At the same time he learned with concern that 200 soldiers, mer ers of the
former Rwandan Armed Forces and Interahamwes, had been mobilized and armed and
had accompanied the Zairian soldiers in their operations in the region
occupied by the Banyamulengue Tutsis. No reply has so far been received from
the Governoeent.
Observations
570. The Special Rapporteur welcomes the signing, on 21 August 1996, of the
Protocol of Agreement between the Government of Zaire and the United Nations
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concerning the opening of a human rights office in Zaire. He hopes that this
Agreement will contribute significantly to the observance of human rights in
Zaire, and notably the right to life.
571. The Special Rapporteur is seriously concerned about the recent events in
Zaire and can only share the fears expressed by the Special Rapporteur on the
situation of human rights in Zaire, to the effect that the explosion of the
political situation in Zaire would have effects considerably more serious than
in Rwanda or Burundi.
572. The Special Rapporteur urges the United Nations and the international
community to deal with the crisis in the Great Lakes region by taking
exceptional measures corcoeensurate with the risk which this crisis is creating
for the lives of millions of people, and to spare no effort in trying to
achieve a lasting solution to the conflicts under way.
II. OTHERS
Palestinian Authority
Information received and communications sent
573. The Special Rapporteur was informed that since the proclamation of
Palestinina self—rule in May 1994, 10 death sentences have been passed by the
Palestinian Authority, two of which have been corcoeuted. Reportedly none has
ever been carried out. Information received indicates that trials before the
State Security Court, reportedly set up in 1995, do not offer the right to
appeal to a higher court, and the right to a proper defence is limited. Death
sentences have to be ratified by the President before they can be carried out.
574. The Special Rapporteur transmitted a letter to the Palestinian Authority
requesting information on the case of Muharcoead Ahmad Muharcoead
Hussein al-Jundi, reportedly killed in custody in Shijayeh, in the Gaza Strip.
This case was transmitted to the Palestinian Authorities in October 1995.
Turkish Cw riot corcoeunity
Information received and communications sent
575. The Special Rapporteur transmitted, in a humanitarian spirit to the
leader of the Turkish Cypriot corcoeunity allegations of extrajudicial, summary
or arbitrary executions regarding two Greek Cypriots: Anastasios Isaac,
reportedly beaten to death in the course of a clash between Greek Cypriot and
Turkish demonstrators on 1 August 1996 in the buffer zone — it was alleged
that the Turkish participants in the incident acted under the protection and
with the active involvement of mer ers of the Turkish armed forces; and
Solomos Solomos, reportedly shot and killed on 14 August 1996 in Dhernya by a
mercber of the Turkish Armed forces in Cyprus (9 October 1996) .
