UNITED
NATIONS
E
Distr.
Economic and Social GENERAL
Council E/CN.4/l998/68/Add.l
19 December 1997
ENGLISH
Original: ENGLISH/FRENCH/
SPANISH
COMMISSION ON HUMAN RIGHTS
Fifty-fourth session
Item 10 of the provisional agenda
QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL
FREEDOMS IN ANY PART OF THE WORLD, WITH PARTICULAR
REFERENCE TO COLONIAL AND OTHER DEPENDENT COUNTRIES AND
TERRITORIES
Extrajudicial, summary or arbitrary executions
Report of
submitted
the Special Rapporteur, Mr. Bacre Waly Ndiaye
pursuant to Commission on Human Rights
resolution 1997/61
Addendum
Country situations
CONTENTS
Paragraphs
Introduction
I. COUNTRIES . .
Albania
Algeria . . .
Angola . . .
Argentina . .
1-3 4
4 - 435 4
4 4
5 - 14
15 - 18
19 - 21 8
4
7
Page
GE.97-l4530 (E)
E/CN. 4/1998/68/Add.1
page 2
CONTENTS ( continued )
Paragraphs
Page
Armenia
Bahamas
Bahrain
Belarus
Bolivia
Brazil
Bulgaria
Burundi
Cambodia
Cameroon
Central African Republic
Chad
Chile
China
Colombia
Comores
Congo
Costa Rica
Cuba
Democratic Republic of the
Ecuador
Egypt
El Salvado
Ethiopia
France
Gambia
Georgia .
Germany .
Guatemala
Honduras
India
Indonesia and East Timor
Iran (Islamic Republic of)
Iraq
Israel
Jamaica
Jordan
Kazakhstan
Kenya
Lesotho
Liberia
Malawi
Malaysia
Mexico
Myanmar
Nepal
Nicaragua
Nigeria
Pakistan
22
23 - 24
25 - 28
29
30 - 35
36 - 49
50 - 56
57 - 61
62 -65
66 - 67
68 - 70
71 - 74
75 - 76
77 - 86
87 - 124
125
126 - 128
129 - 132
133 - 135
136 - 144
145
146 - 153
154 - 163
164 - 171
172 - 177
178 - 181
182 - 185
186 - 187
188 - 198
199 - 201
202 - 212
213 - 220
221 - 227
228 - 234
235 - 239
240 - 241
242
243
244 - 251
252 - 253
254
255 - 258
259
260 - 282
283 - 288
289 - 293
294 - 296
297 - 302
303 - 310
8
9
9
10
10
12
15
17
18
19
19
20
21
22
24
39
39
39
40
41
43
43
44
46
48
49
50
50
51
53
54
58
60
62
63
64
65
65
66
67
67
68
68
69
74
75
76
76
78
r .
CONTENTS ( continued )
E/CN.4/1998/68/Add. 1
page 3
Paragraphs
Page
Panama
311 - 312
80
Papua New Guinea
313 - 316
80
Paraguay
317 - 318
82
Peru
319 - 331
82
Philippines
332 - 338
84
Poland
339
86
Romania
340 - 342
86
Russian Federation
343 - 351
86
Rwanda
352 - 357
88
Senegal
358 - 360
89
Singapore
361 - 364
90
Spain
365 - 367
91
Sri Lanka
368 - 369
92
Swaziland
370
93
Tajikistan
371
93
Thailand
372 - 376
93
Togo
377 - 378
94
Tunisia
379 - 380
95
Turkey
381 - 395
95
Turkmenistan
396 - 398
99
Ukraine
399 - 402
99
United Arab Emirates
403
100
United Kingdom of Great Britain and
Northern Ireland
404 - 408
100
United Republic of Tanzania
409 - 412
101
United States of America
413 - 418
102
Uruguay
419
104
Venezuela
420 - 427
104
Viet Nam
428 - 429
106
Yemen
430 - 435
106
.
436 - 449
107
Palestinian Authority
436 - 441
107
Taliban movement in Afghanistan
442 - 445
109
Turkish Cypriot community
446 - 449
110
II. OTHERS
E/CN. 4/1998/68/Add.1
page 4
Introduction
1. This addendum to the report on extrajudicial, summary or arbitrary
executions describes 86 country situations and gives an account of actions
undertaken by the Special Rapporteur between 2 November 1996 and
31 October 1997. It also contains in summary form the replies received from
Governments to his communications, as well as observations of the Special
Rapporteur where appropriate.
2. Owing to restrictions on the length of documents, the Special Rapporteur
was obliged to reduce considerably details of communications sent and
received. As a result, requests from Governments to publish their replies in
their totality could not be acceded to. For the same reason, responses from
sources to requests of the Special Rapporteur, although of great importance to
his work, are only reflected very briefly in the report.
3. In the report, the dates included in parentheses refer to the dates of
Government replies and those of transmission of urgent appeals. The dates on
which the Special Rapporteur transmitted allegations of violations of the
right to life, that is 14 February 1997, 30 May 1997, 13 and 27 August 1997
and 29 September 1997, are not mentioned in the report.
I. COUNTRIES
Albania
Information received and communications sent
4. The Special Rapporteur sent one urgent appeal to the Government of
Albania after a state of emergency had been declared in Albania on
2 March 1997 and fears had been expressed that the emergency provisions might
lead to violations of the right to life in view of the fact that they
reportedly authorized security forces to open fire to disperse crowds and to
shoot, without warning, people who had failed to surrender their arms
(7 March 1997) .
Algeria
Information received and communications sent
S. The Special Rapporteur is deeply concerned about the human rights
situation in Algeria, characterized by numerous massacres of civilians,
including women, children and old people, which have reached an unprecedented
level since the legislative elections of 5 June 1997.
6. According to information transmitted to the Special Rapporteur, the
majority of these massacres are attributable to armed Islamic groups. Some of
the massacres, however, were reportedly committed in the immediate vicinity of
military barracks or security force positions with no action taken by the
military or the security forces. Fears have been expressed as to the
possibility that the State may bear some responsibility, because of
information to the effect that members of armed groups are acting with the
E/CN.4/1998/68/Add. 1
page 5
full knowledge of the security forces, and even with the complicity of some of
their members, and because it has become apparent that there are deficiencies
in the system for early warning and prevention of massacres. Such massacres
may leave up to hundreds of casualties at a time.
7. The security forces' use of bogus roadblocks has also been repeatedly
mentioned as a means of violating civilians' right to life. Other information
refers to summary executions of prisoners, who are sometimes said to have been
held in secret detention, and of suspects at the time of their arrest.
Lastly, the legalization of self-defence groups through a Decree of
4 January 1997 has encouraged the proliferation of militias, which is said to
have complicated the issue of identifying those responsible for the massacres
and their accomplices.
8. The Rapporteur transmitted an allegation he received according to which,
on 26 February 1997, a former member of the Front Islamigue du Salut ,
30-year-old Rachid Medjahed, died in detention after being arrested by the
security forces on or about 15 February. He was reportedly transferred to
Algiers and appeared on Algerian television to confess that he had ordered the
murder of the leader of the General Union of Algerian Workers, who was
assassinated on 28 January 1997. Rachid Medjahed's family allegedly did not
learn of his arrest until he appeared on television and were only informed of
his death on 3 April 1997, over one month later. The death certificate refers
to violent death resulting from bullet wounds.
Follow-up
9. The Rapporteur thanked the Algerian Government for its replies to the
allegations he had transmitted the previous year and asked for further
information about the discovery of 15 bodies in DhalaS forest, commune of
Am Taghrout, on 22 July 1994, in particular with regard to the investigations
conducted and identification of the bodies. He asked it why the victims'
families had been prevented from helping to identify the bodies on the basis
of photographs taken by the Gendarmerie in Tixane when the bodies were
discovered. The Special Rapporteur also asked whether the judicial inquiry
opened by the local procurator had yielded results and whether it had been
possible to identify and prosecute those responsible for the massacre
(17 October 1997) .
Communications received
10. The Government replied to the allegations transmitted by the Special
Rapporteur, stating that Rachid Medjahed was arrested during the dismantling
of a terrorist network and that he was shot three times during his arrest. He
died following a sudden deterioration in his condition. According to the
Government, the Mejdahed family were informed of their son's arrest and issued
a burial permit. No autopsy was requested by any party following the death;
the Algiers Procurator's Office nonetheless requested the examining magistrate
to ‘ look into the causes of death”. The case is currently under investigation
(10 November 1997) .
11. The Government also informed the Special Rapporteur that an inquiry was
under way in connection with the 15 bodies discovered in Taghrout. The
E/CN. 4/1998/68/Add.1
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Government assured the Special Rapporteur that the information transmitted by
him in his follow-up letter would be taken into consideration by the
authorities conducting the inquiry and that the findings would be communicated
to him as soon as possible.
Follow-up on invitations to visit Algeria
12. At a meeting with the Special Rapporteur on 25 April 1997, the Permanent
Mission of Algeria confirmed its interest in receiving a visit by the Special
Rapporteur following the invitation which the Government extended to him in
November 1993, and proposed that the visit should take place after the
June 1997 elections. In a letter to the Government, the Special Rapporteur
suggested that the visit should be held in late January-early February 1998,
immediately after the end of Ramadan (13 August 1997) . Having received no
confirmation from the Government, he sent a follow-up letter proposing the
same dates (17 October 1997) .
13. The Algerian Government informed the Special Rapporteur that it would
like his visit to Algeria to take place at a later date than the one he had
proposed owing to the forthcoming elections to the second chamber of the
Parliament. The Government suggested that the date of the visit should be
chosen in consultation with the delegation from the Ministry of Justice which
would be taking part in the fifty-fourth session of the Commission on Human
Rights. Lastly, the Government indicated its desire for a meeting with the
Special Rapporteur on his next visit to Geneva.
Observations
14. The Special Rapporteur wishes to thank the Algerian Government for the
information which it has kindly brought to his attention and for its desire to
cooperate, reflected in the Government's renewed interest in receiving a visit
by the Special Rapporteur. Such a visit might in principle take place jointly
with the Special Rapporteur on torture, who has also asked to make a visit.
The Special Rapporteur regrets the lack of precise information concerning the
allegations of violations of the right to life despite the fact that they
continue to occur on an alarming scale. Such violations, which vary in nature
and extent, are allegedly being committed both by the security forces and by
armed Islamic groups and self-defence groups. Such a multitude of culprits
and accomplices complicates the evaluation of the situation regarding the
right to life in the country. The Special Rapporteur notes that a State has
an overriding duty to ensure the protection of civilians and put an end to
massacres by all appropriate means, while maintaining the rule of law. The
distressing number of victims - running into tens of thousands - who include
women, children and even defenceless infants and old people, points to a
crucial need for effective mechanisms for preventing such massacres and
systematically investigating their circumstances. The system for compensating
the survivors and the victims' families also needs to be reinforced. For that
reason, the Special Rapporteur is particularly eager to visit Algeria, in
order to evaluate the situation for himself and to be in a better position to
recommend specific measures for protecting the right to life.
E/CN.4/1998/68/Add. 1
page 7
Angola
Information received and communications sent
15. The Special Rapporteur sent an urgent appeal to the Angolan Government
on behalf of Rwandan Hutu refugees who were said to have entered Angola in
late April 1997 while fleeing from the approaching Alliance of Democratic
Forces for the Liberation of the Congo-Zaire led by Laurent-D&sir& Kabila.
According to the information received, at least 500 of them entered the area
controlled by the National Union for the Total Independence of Angola (aNITA) .
It is reported that the JIIgolan Government, which has not yet re-established
its authority over this part of the territory, is denying the Office of the
United Nations High Commissioner for Refugees (UNHCR) access to the Rwandan
refugees (15 May 1997) .
Communications received
16. In response to the reference in the Special Rapporteur's report (see
E/CN.4/1997/60/Add.1, para. 18) to his failure to receive a reply from the
Government concerning allegations of violation of the right to life of
Jos& Adao Da Silva, shot by police officers, and Antonio Maltez, killed by
members of the security forces, the Government informed the Special Rapporteur
that it had transmitted to him a letter dated 25 November 1996 referring to
those cases. An inquiry had been opened to establish the circumstances in
which the two persons had died, but according to the Government there was no
evidence of extrajudicial, summary or arbitrary executions.
Follow-up
17. The Special Rapporteur thanked the JIIgolan Government for its replies to
the allegations transmitted to it in 1995 and asked for further clarification
regarding the deaths of Jos& Adao Da Silva and Antonio Maltez. He asked to be
informed of the results of the inquiry and asked whether or not the person or
persons responsible had been identified and prosecuted. The Special
Rapporteur also reminded the Government that his report had only covered
communications sent and received during the period 25 November 1995 to
1 November 1996 and that, consequently, the Government's reply dated
25 November 1996 would appear in the current year's annual report.
Observations
18. The Special Rapporteur wishes to thank the Angolan Government for the
information it has brought to his attention. He regrets, however, that no
reply has been received from the Government concerning the allegation
transmitted in 1997. The Special Rapporteur also reminds the Government of
its obligation to investigate all allegations of violations of the right to
life and provide protection for all refugees in its territory.
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page 8
Argentina
Information received and communications sent
19. The Special Rapporteur sent two urgent appeals to the Government of
Argentina, one of them on behalf of Daniel Strag , a human rights lawyer
and journalist, who had received an anonymous telephone call stating that
there was going to be an attempt on his life. According to the information
received, Daniel Strag , a member of the non-governmental Coordinating
Organization against Police and Institutional Repression (CORREPI), is
representing the families of victims of police brutality, including alleged
extrajudicial, summary or arbitrary executions (21 February 1997) .
20. The Special Rapporteur also sent an urgent appeal on behalf of Magdalana
Ruiz Guiffiazu, a radio and television journalist, after she received a
telephone call telling her that she was ‘ next”. This incident would appear to
be connected to the death of Jos& Luis Cabezas, a staff photographer for the
magazine Noticias , whose body was found inside a burnt-out car on
25 January 1997 in Pinamar, Buenos Aires Province. Death threats were also
allegedly received by Ariel Garbarz, a journalist on the staff of P gina 12 ,
from men identifying themselves as members of the Buenos Aires police force,
who warned him to stop writing articles about the death of Jos& Luis Cabezas.
The Special Rapporteur also asked the Government to take steps to protect the
physical integrity and right to life of Maria Jos& Fernandez Llorente, the
sister of a journalist on Canal 13 who was covering the death of Jos& Luis
Cabezas. Ms. Fernandez was allegedly attacked by several men who warned her
that if her brother continued his investigations, her family would suffer the
consequences (3 July 1977) .
Observations
21. The Special Rapporteur regrets that by the time this report was
finalized no replies to the communications had been received from the
Government. He urges the Government to ensure that all allegations of
violations of the right to life are exhaustively and impartially investigated,
with a view to establishing the facts, finding those responsible and bringing
them to justice, and providing the victims with adequate compensation.
Armenia
Follow-up
22. The Special Rapporteur sought further clarification in regard to the
case of Rudik Vardanian, who reportedly died on 21 January 1993 in police
custody as a result of injuries inflicted during a severe beating. In
particular, he requested to be informed of the outcome of the procedings
against the two accused police officers, as well as of the results of the
investigations carried out concerning a third police officer.
E/CN.4/1998/68/Add. 1
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Bahamas
Information received and communications sent
23. The Special Rapporteur sent an urgent appeal to the Government on
behalf of John Higgs who was reportedly scheduled to be executed on
29 July 1997. It was brought to the Special Rapporteur's attention that
John Higgs's execution had been approved despite the fact that he had not
exhausted all avenues of appeal. He had reportedly not been able to apply
for leave to appeal to the Judicial Committee of the Privy Council in London,
the final court of appeal for the Bahamas. It was also reported that the
Court of Appeal in the Bahamas had not yet given the reasons for rejecting
John Higgs's appeal (22 July 1997) .
Communications received
24. In its reply to the urgent appeal sent on behalf of John Higgs,
the Government informed the Special Rapporteur that the laws of the Bahamas
do not provide for a period within which applications to the Privy Council
for special leave to appeal must be filed and that the Governor-General's
Administrative Rules entitled ‘ Special Leave to Appeal to the Privy
Council (Sentence of Death) Rules” require merely an intimation to the
Governor-General that the convict intends to appeal to the Judicial Committee
of the Privy Council for special leave to appeal, whereupon the execution will
be postponed. It was also brought to the Special Rapporteur's attention that
the reasons for decisions made by the Court of Appeal are not a necessary
precondition for the filing of an application for special leave to appeal.
The Government therefore concluded that between 2 May 1997 and 17 July 1997
John Higgs had had sufficient time to give the necessary intimation to the
Governor-General of his intention to apply to the Privy Council for special
leave to appeal.
Bahrain
Information received and communications sent
25. The Special Rapporteur transmitted allegations regarding violations of
the right to life of the following three persons:
(a) Bashir Abdullah Ahmed Fadhel, who was reportedly beaten to death
by members of the security forces on 18 May 1997 in Daih in the context of an
operation to disperse peaceful gatherings in the main assembly hall and the
mosque;
(b) Abdul-Zahra' Ephrain Abdulla, who reportedly died four days after
his arrest in Sanabis by members of the security forces on 1 June 1997 as a
result of injuries inflicted during severe beatings;
(c) Sheikh Ali-Mirza Al'Nakkas, who reportedly died in police custody
in Al-Qal'a Prison, Manama, on 29 June 1997, allegedly as a result of lack of
medical care.
E/CN. 4/1998/68/Add.1
page 10
Communications received
26. The Government provided replies to several communications sent by the
Special Rapporteur during 1996. With regard to the case of Zahra Kadhem Ali,
who reportedly died on 23 July 1996 in a military hospital some hours after
being shot by security forces, the Government indicated in its response that
she had died in a private hospital in Bahrain as a result of a heart attack
which occurred at home and that the security forces had no connection with her
death (15 November 1996) . Concerning the case of Abdul Amir 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, the
Government informed the Special Rapporteur that he had died of an epileptic
fit following a known history of epilepsy and that he had not participated in
any demonstration in Daih (20 December 1996) .
27. The Government also responded to the Special Rapporteur's follow-up
letter of 1 September 1996 in which the Special Rapporteur requested detailed
information with regard to several cases (20 December 1996) . With regard to
the cases of Hani Al-Wasti and Hani Abbas Khamis, the Special Rapporteur was
informed that the Government maintains its position and refutes the repeated
allegations. Regarding the case of Issa Ahmad Hasssan Qambar, the Government
referred to its reply dated 9 April 1996.
Observations
28. The Special Rapporteur continues to be concerned about allegations
regarding violations of the right to life in Bahrain. In accordance with the
request of the Commission on Human Rights to further enhance his dialogue with
Governments, the Special Rapporteur addresses follow-up communications to
Governments to allow him to better assess the merits of allegations. He notes
with concern the Government's apparent unwillingness to cooperate with him in
this respect.
Belarus
Information received and communications sent
29. The Special Rapporteur transmitted an urgent appeal on behalf of
Nadezhda Zhukova, a human rights defender working for the Belarusian Helsinki
Committee, after she had been threatened by two men who introduced themselves
as ‘ young Belarusian patriots”. It was reported that it was believed that the
two persons belonged to the ‘ Belarus Patriotic Youth Union”, an organization
which, despite the fact that it claims to be independent, was allegedly
established and is financed by the President of Belarus. It was also reported
that one of the men who had threatened her had come out of a car bearing a
police number plate (16 October 1997) .
Bolivia
Information received and communications sent
30. The Special Rapporteur, jointly with the Special Rapporteur on the
independence of judges and lawyers, sent an urgent appeal on behalf of
E/CN.4/1998/68/Add. 1
page 11
Waldo Albarracin, a lawyer and President of the Permanent Human Rights
Assembly of Bolivia, who was detained in La Paz by eight police officers
and threatened with death. The Special Rapporteur was informed that this
event might have been related to public statements by Waldo Albarracin
concerning a clash between miners and the police in the Department of Potosi,
which left nine dead (6 February 1997) .
31. The Special Rapporteur sent another urgent appeal on his behalf on being
informed that the threats had not stopped. In the same communication the
Special Rapporteur asked that steps also be taken to protect the physical
integrity and right to life of Mr. Juan del Granado, a lawyer and Chairman of
the Human Rights Committee of the Chamber of Deputies. Mr. del Granado had
reportedly received calls threatening him with death or disappearance. The
threats might be related to Mr. del Granado's public condemnation of the
abduction of Waldo Albarracin (24 February 1997) .
32. The Special Rapporteur also transmitted allegations he had received
of violations of the right to life of the following miners and peasants:
Ercilia L6pez, Jos& Guti&rrez, Marcial Calla, Gab Luna, Jos& Espinosa,
Wilmer Gonzalez, aged 15, Santos Casio Padilla and Miguel Choque, aged 15,
who were killed by members of the police and military on 17 December 1996
when peasants and miners occupied the Amayapampa and Chiquita-Capacirca mines
in Potosi, to confront the exploitative mining companies and demand their
rights; Alberta Orell n, Freddy Rojas, aged 22 months, Ernesto Quispe and
three unidentified other persons, who were killed in April 1997 during an
operation aimed at eradicating coca production in the region of Bajo Mariscal,
Eterazama, El Chapare, Potosi. Members of the Mobile Rural Patrol Unit
(UMOPAR) , the environmental police and the Coca Conversion Department (DIRECO)
are also said to have participated in the operation.
Communications received
33. The Government of Bolivia informed the Special Rapporteur that
Mr. Waldo Albarracin enjoyed complete freedom and that the reasons for
his temporary detention were being investigated by the Committee on the
Constitution and Judicial Police of the National Congress (7 March 1997
and 12 May 1997).
34. The Special Rapporteur was told that the President of the Inter-American
Commission on Human Rights had been asked to investigate and determine
responsibility for the incidents at Amayapampa and Chiquita-Capacirca
(12 May 1997) . He was later told that representatives of the Inter-American
Commission on Human Rights of the Organization of American States had met at
the scene of the events and begun an investigation. The Inter-American
Commission on Human Rights produced a report which was made available to the
Attorney-General of the Nation. At the time the Government's reply was
prepared, the Public Procurator's Office was conducting the relevant
investigation, which had not yet been concluded. The Government also
informed the Special Rapporteur that, pursuant to Supreme Decree No. 24793
of 4 August 1997, a compensation fund had been established for the relatives
of persons killed or injured in incidents caused by the actions of State
officials (31 October 1997) .
E/CN. 4/1998/68/Add.1
page 12
Observations
35. The Special Rapporteur wishes to thank the Government of Bolivia for its
replies. He welcomes the adoption of the Supreme Decree of 4 August 1997
establishing a compensation fund for victims. He further urges the
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.
Brazil
Information received and communications sent
36. Information received by the Special Rapporteur's office points to an
increase in violence against children and adolescents, mainly in the State
of Rio de Janeiro. Figures provided by the Children's and Adolescents'
Court in Rio de Janeiro ( 2a. Vara da Infancia e Adolescencia do Tribunal de
Justica do Rio de Janeiro ) , would appear to indicate that 46 per cent of the
1,226 violent deaths of children and adolescents that occurred in 1994 had
involved the use of a firearm and more than 50 per cent of the 1,138 such
deaths reported in 1995 had involved firearms.
37. According to an analysis of these figures by the Children's and
Adolescents' Court, in a departure from recent years more children and
adolescents have been killed or injured in drug-related violence and clashes
between groups and with police officers than in death squad activities. It
would appear, however, that the lack of detailed investigations into these
deaths makes it difficult to determine who is responsible for them. In this
connection, it is reported that the National Human Rights Programme begun in
May 1996 includes a Commitment by the Government to establish a system for
gathering and producing accurate statistics on human rights violations against
children and adolescents.
38. The Special Rapporteur was also informed that in November 1995 the State
of Rio de Janeiro promulgated Decree No. 21,753, stipulating that police
officers performing acts of bravery would be decorated and receive a pay rise
of 50 to 150 per cent. Between November 1995 and April 1996, 257 decorations
of this type were reportedly issued. The point was made that this Decree
would encourage the police to use more force in operations in which they were
involved.
39. In the course of the year allegations of a general nature were also
received to the effect that in Maceio, the capital of Alagoas, members of the
civil police were reportedly harassing, ill-treating and even violating the
right to life of homosexual prostitutes. According to the information
received, at least seven homosexual prostitutes had been killed in the past
year, but a judicial investigation had been opened in only one of those cases.
40. The Special Rapporteur transmitted four urgent appeals to the Government
of Brazil on behalf of the following persons:
(a) Members of the Guarani-Kaiow indigenous community, who were
evicted from the land they occupied in Sucuriy, Maracajia municipality,
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page 13
Mato Grosso do Sul, by armed civilians, during clashes over land between
indigenous people and local landowners. A group of some SO armed men
allegedly threatened them with violence if they did not leave the land. It
was reported that the police had not provided the indigenous people with any
kind of protection (17 January 1997);
(b) Witnesses to the events surrounding the death of Wilson Soares de
Souza, Walmir Barbosa da Silva, Jos& Alexandre da Silva, Edmilson Jos& de
Oliveira and Antonio Geronimo da Silva Junior, members of a death squad, in a
reported clash with members of the civil police of the Robbery and Theft
Department in the Alta Sao Sebastiao district of Cavaleiro. The clash
allegedly took place shortly after a police officer from the Robbery and Theft
Department, Mois&s Francisco de Melo Jianior, and a police informant, Jos&
Carlos Valdelino Passos, had been killed by members of the death squads. This
urgent appeal was transmitted jointly with the Special Rapporteur on torture
(20 January 1997) ;
(c) Witnesses to the massacre at Nova Natal, Natal, Rio Grande do
Norte in January 1993, who had begun testifying against four police officers
charged with the massacre. According to the information received, the
three witnesses had been receiving intimidating visits in their homes from the
accused and other members of the police (9 May 1997) ;
(d) Marcelo Denaday, a lawyer representing the family of
Carlos Batista and assistant to Procurator Luiz Renato Azevedo da Silveira,
who was attacked in Vit6ria, Esp&rito Santo State. Both Marcelo Denaday and
Procurator Luiz Renato Azevedo da Silveira had been investigating the murder
of Carlos Batista de Freitas, in a case allegedly involving members of a
police association, Scuderie Detetive le Cocq (SDLC) (20 June 1997) .
41. The Special Rapporteur also transmitted allegations he had received in
connection with violations of the right to life of the following persons:
(a) Minors: Robson Guerreiro Bittencourt and Isaias Teixeira Rosa,
both aged 16, who were killed on 23 April 1996 by private security agents and
military police officers in Rio de Janeiro; Anderson dos Santos Tossato,
aged 14, who was killed on 21 November 1996 when found playing with blank
pistols in a street near his home in Sao Bernardo do Campo on the outskirts of
Sao Paulo, by military police officers; Jamil Martins Ramao, aged 15, Junior
Sandro Marques Leal, aged 16, and Gilmar Ferreira de Franca, aged 14, whose
bodies were found with their hands tied and bullet wounds in the head after
they were abducted from Taquaril Square in Belo Horizonte on 15 March 1996,
allegedly by a group of civil police officers called the ‘ grupo reacao”
(reaction group) ; Joao Ricardo Dantas Capistrano, a 17-year-old student, who
was killed on 5 November 1995 by a police officer in a bar in the centre of
Santa Catarina, Norte de Natal;
(b) Deaths during or shortly after arrest; Jose Ivanildo Sampaio de
Souza, who was found dead on 25 October 1995 on federal police premises in
Fortaleza, Ceara, after being detained the day before because of alleged
involvement in drug trafficking; Luis Paulo da Silva Garcia, who was killed by
military police officers on 20 September 1996 after being arrested for robbery
and taken to police station No. 23 in Rio de Janeiro; Romildo da Silva and
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Antonio Carlos Santana Silva, whose bodies were found in a Campo Lindo clinic
after they were detained on 28 August 1995 by five police officers; Luis
Carlos Chagas da Rosa, who died in a Porto Alegre hospital on 19 August 1995
from injuries sustained a few days earlier while in police custody; Jorge
Siqueira de Oliveira, who was killed on 8 March 1995 by a member of the
military police while boarding a bus from Porto Alegre to Alvorada; Luiz
JIItonio Barbosa, an alleged drug dealer who was killed by a group of civil
police officers on 21 October 1995 in Belo Horizonte in retaliation for the
death of a police officer he allegedly killed; Jos& Candido dos Santos, who
died on 16 February 1997 at police headquarters in Itarema of injuries from
ill-treatment and torture;
(c) Homosexual prostitutes; a transvestite, Jos& Miguel dos Santos,
and two homosexuals known as Carlos and Magao, who died on 6 June 1997 after
being shot in the head in the centre of Maceio, where they practised
prostitution. Two officers from the civil police station in Maceio and a
civilian are charged with their deaths.
42. The Special Rapporteur also transmitted allegations of violations of the
right to life of 9 unidentified persons who were killed on 16 January 1996
when more than 100 police officers from the automobile theft division of the
Twelfth Police Station in Itapua and the Fourth Police Station in Sao Caetano
raided the Jaguaribe shanty town in Salvador looking for members of a criminal
gang.
Communications received
43. The Government of Brazil provided information on the case of Francisco
Gilson Nogueira de Carvalho, transmitted by the Special Rapporteur in 1996.
According to the Government, investigations are being conducted by the Federal
Police to ensure that proceedings are as impartial as possible. It also said
that in order to avoid interference with the investigations, the Governor of
Rio Grande do Norte removed the Deputy Secretary of State for Public Security
from office because of suspected involvement with the group known as Meninos
de Ouro (12 December 1996) .
44. In connection with the urgent appeal transmitted by the Special
Rapporteur on behalf of the Guarani-Kaiow indigenous community, the
Government said that demarcation of the indigenous land had begun and that
when the conflict had broken out between the indigenous group and members of
the Maracajia Rural Trade Union, the regional administration of the National
Indian Foundation (FtJNAI) in Amambai, together with the Government Attorney in
Mato Grosso do Sul, had immediately called in the Campo Grande/MS federal
police in order to protect the indigenous persons' physical integrity. It
stated that the indigenous persons were camped along the highway awaiting a
judicial decision authorizing the immediate reoccupation of their land
(20 February 1997) .
45. The Government also stated that Wilson Soares de Souza, Walmir Barbosa
da Silva, Jos& Alexandre da Silva, Edmilson Jos& de Oliveira and Antonio
Geronimo da Silva Junior died in a clash with the police after resisting
arrest and opening fire on the police officers. An investigation has been
opened and a district police chief assigned to conduct it. The district
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page 15
police chief and the five police officers involved in the case have been
dismissed. The Government also stated that the State of Pernambuco conducts a
witness protection programme known as ‘ Pro Vita”, which assists anyone under
threat who explicitly requests protection. The witnesses to the Cavaleiro
incident have not requested protection to date (20 February 1997) .
46. Regarding the case of Jos& Ivanildo Sampaio de Souza, the Government of
Brazil stated that Decree No. 9305 of 13 September 1996 authorized payment of
a pension to the victim's widow and minor children in compensation for his
death (5 March 1997) .
47. The Government stated that most of the observations concerning Brazil in
the Special Rapporteur's report to the fifty-third session of the Commission
on Human Rights (E/CN.4/1997/60/Add.1) adequately reflected the situation in
the country. It did not agree, however, with paragraph 61 of the report
regarding the new procedures for the demarcation of indigenous land introduced
by Decree No. 1775/96. The report stated that ‘k... the uncertainty created by
this decree could lead to violent incursions onto indigenous lands and to
human rights abuses”. The Government said that such fears were unjustified,
since the purpose of the decree was precisely to strengthen the legal bases
for the land demarcation process and thus reduce uncertainty and the risk of
violence against indigenous people (9 April 1997) .
48. Additional information about the Candelaria massacre was also provided.
Of the eight people involved, one was not charged by the prosecution and
another died before coming to trial. One of the military policemen charged
with the crime was sentenced to 309 years' imprisonment. After a retrial
in July 1996, his sentence was reduced to 89 years; another of the
military policemen involved was sentenced to 261 years' imprisonment
on 28 November 1996. Another of the accused was due to be tried in May 1997.
The three others allegedly involved were acquitted for lack of evidence
(2 May 1997) .
Observations
49. The Special Rapporteur thanks the Government of Brazil for the replies
provided and its willingness to cooperate with his mandate. It welcomes the
sentences imposed on policemen charged with the Candelaria massacre. The
Special Rapporteur wishes to express his concern about allegations of
violations of the right to life against minors and requests that the
Government prosecute those responsible and take all necessary measures to
guarantee that such violations do not recur. He also expresses his concern at
the fact that Decree No. 21,753 might encourage members of the police to use
greater force in operations in which they are involved.
Bulgaria
Information received
50. The Special Rapporteur was informed that police brutality continued to
be a serious problem in Bulgaria and that during 1997 several individuals had
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died in custody under suspicious circumstances. It was reported that
investigations had been initiated into several of these cases but that little
or no progress was made to punish the perpetrators.
Communications received
51. With regard to the case of Kostadin Timchev, who, following his
arrest, was taken to hospital on 25 April 1995 with a brain haemorrhage
which caused his death five days later, the Special Rapporteur was
informed that the Regional Military Prosecutor's Office had initiated an
inquest (17 November 1996) .
Follow-up
52. The Special Rapporteur sent a follow-up communication to the Government
seeking further clarification with regard to several cases to which replies
had been received during 1996.
53. In regard to the case of Kostadin Timchev, the Special Rapporteur
requested to be informed of the outcome of the inquest. He also asked to be
informed of the reasons for the Regional Military Prosecutor's Office being
responsible for conducting the inquest and whether results of the inquest had
been made public.
54. Regarding the case of Assen Ivanov, the Special Rapporteur expressed his
interest in receiving a copy of the autopsy report and of the full report of
the investigation once it had been finalized.
55. Concerning the case of Iliya Gherghinov, the Special Rapporteur received
further information from the source contradicting the Government's reply. The
source reiterated that eyewitnesses had seen a police officer beating the
victim in the street and that witnesses who had seen his body in the morgue
claimed that his right leg was broken, that there was a large wound on the
right side of the head above the temple, that his genitals had been crushed,
and that there were bruises all over his body as well as cigarette burns on
his hands. The Special Rapporteur therefore requested a copy of the autopsy
report and of the full report of the investigation. He also sought further
clarification with regard to the questioning of the eyewitnesses in the
context of the inquest procedure and the authorities conducting the
investigation.
Observations
56. The Special Rapporteur remains concerned that little or no progress was
reportedly made in bringing to justice those alleged to be responsible for
violations of the right to life, in particular members of the police, and that
as a result they continued to enjoy impunity. The Special Rapporteur calls on
the Government to investigate all alleged violations of the right to life, to
bring perpetrators to justice and to provide compensation to the victims'
families.
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Burundi
Information received and communications sent
57. The information received by the Special Rapporteur shows that violations
of the right to life are continuing to occur on a large scale in Burundi. The
Special Rapporteur received frequent allegations of extensive massacres,
mainly of Hutus, by the Burundian army. Bloody clashes also occurred between
members of the Burundian army and rebel groups, in different regions of the
country, leaving many civilians dead. Reprisals against civilians by the army
or rebel groups have also left many casualties. Since the end of 1996, there
have reportedly been many operations to round up Hutu civilians forcing tens
of thousands of them to leave their hills and go and live in camps. In the
course of such operations, hundreds of men, women and children are said to
have been the victims of extrajudicial executions and massacres by the
soldiers or attacks by the rebels on some of the places where they were
rounded up. Several Burundi provinces are said to be involved, including
Muramvya, Gitega, Kayanza, Bubanza, Kurutzi and rural Bujumbura.
58. The Special Rapporteur was also informed of the execution by hanging
on 31 July 1997 of six people sentenced to death after a trial reported to
have fallen short of international guarantees of due process. These
executions were the first to have taken place in Burundi since 1982. At least
150 persons sentenced to death are currently awaiting execution in Burundi
prisons.
59. A detailed analysis of the human rights situation in Burundi is
contained in the reports of the Special Rapporteur on the situation of human
rights in Burundi (A/52/505 and E/CN.4/1998/72/Add.1) .
60. The Special Rapporteur made an urgent appeal to the authorities after
being informed of the expulsion by Tanzania of 48 Burundian refugees, who,
upon returning to Burundi on 5 January 1997, were arrested and taken to the
military camp in Muyinga, where they were reportedly tortured and then killed.
On 10 January 1997, 122 Burundian refugees sent back to Burundi by the
Tanzanian authorities were allegedly killed by Burundian soldiers upon
entering the country, at the Kobero border post. This urgent appeal was sent
jointly with the Special Rapporteur on the situation of human rights in
Burundi (30 January 1997) .
Observations
61. The Special Rapporteur regrets that he has not so far received any reply
regarding the allegation transmitted. He remains concerned at the persistent
violations of the right to life, of which women, children and old people are
the main victims. The Special Rapporteur also regrets that death sentences
are continuing to be handed down following judicial proceedings that do not
meet international guarantees of due process and which therefore constitute
another form of the violation of the right to life.
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Cambodia
Information received and communications sent
62. The Special Rapporteur received numerous allegations of extrajudicial,
summary or arbitrary executions following the violent events that took place
on the weekend of 5-6 July 1997 at Phnom Penh, when the armed forces of the
Second Prime Minister, Hun Sun, launched an attack on forces loyal to the
Prime Minister, Prince Norodom Ranariddh. It is reported that most of
Prince Ranariddh's supporters hurriedly fled the country while others were
arrested and executed. For a thorough analysis of the human rights
situation in Cambodia, the Special Rapporteur would refer to the report of
Mr. Hammarberg, Special Representative of the Secretary-General on the
situation of human rights in Cambodia (E/CN.4/1998/95).
63. Following the events of 5-6 July 1997, the Special Rapporteur sent the
Government a communication requesting clarification of the extrajudicial
executions, which are said to number at least 35 and include leading political
figures such as Hor Sok, Junior Minister in the Ministry of the Interior and
member of Prince Ranariddh's United National Front for an Independent,
Neutral, Peaceful and Cooperative Cambodia (FUNCINPEC), and Chao Sambath,
head of the Information and Espionage Service of the Ministry of National
Defence. The Special Rapporteur also informed the Government that at
least four high-level generals had reportedly been killed, including
General Krauch Yeuam, Under-Secretary, in the Ministry of Defence,
General Ly Seng Hong, Deputy Director of Personnel of the Royal Armed Forces
of Cambodia, General Sam Norm, Deputy Commander-in-Chief of the Special
Military Region, and General Maen Bun Than, Director of Logistics and
Transport in the Ministry of Defence. Less influential members of FUNCINPEC
were apparently not spared; the bodies of some of them were found in a
Phnom Penh temple and on the outskirts of the capital.
64. The Special Rapporteur also transmitted to the Cambodian Government
allegations of violations of the right to life of the following persons:
(a) Chun, Na, Naak, Chann, Chim and Chuoen, six children ranging from
two to eight years of age, were allegedly killed on 18 September 1996 when a
bomb exploded near an ice cream vendor, where they were standing. A drunken
soldier recognized as a member of the special military region forces
reportedly launched a B-40 rocket in the direction of the group of children
following an altercation with his colleagues;
(b) At least 17 persons were reportedly killed on 30 March 1997 by
grenades while participating in a peaceful demonstration of supporters of the
‘ Party of the Khmer Nation” (Pa P). The exact number of victims has not been
determined, but 12 have been identified: Chanty Pheakdey, Chea Nang,
Chet Duong Daravuth, Han Mony, Nam Thi, Ros Kea, Sam Sarin, Sok Kheng,
Yoeun Yorn, Yong Sok Noeuv, Yos Seam and Yong Srey. According to the
information received, soldiers present at the scene did not help the injured
and prevented the arrest of two men identified as having thrown the grenades.
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Observations
65. The Special Rapporteur regrets that no reply has been received from the
Government to date regarding the allegations transmitted. He requests the
authorities to make impartial and exhaustive inquiries into the allegations of
summary executions and put an end to the impunity prevailing in this area. He
was particularly shocked by the allegations concerning the group of six
children aged between two and eight. He also asks for those responsible for
violations of the right to life in general to be identified and prosecuted and
for appropriate compensation to be paid to the victims or their families.
Cameroon
Information received and communications sent
66. The Special Rapporteur has received information to the effect that
violence broke out in March 1997, a few weeks before the legislative elections
in May, in Nord-Ouest Province, an opposition stronghold. A number of persons
arrested by the security forces reportedly died in prison as a result of
torture and lack of medical care.
67. The Special Rapporteur transmitted allegations concerning the deaths of
four persons identified: Richard Ngwa Formasoh, who died of injuries on
6 July 1997 at the central prison in Yaound& (Nkondengui prison) after being
subjected to torture and ill-treatment during his arrest and detention at the
gendarmerie station in Bamenda, Nord-Ouest Province; Samuel Tita, who died on
1 May 1997, one month after being arrested and transferred to the gendarmerie
station in Bamenda, from lack of medical care and malnutrition;
Pa Mathias Gwei, who died on 25 May 1997 at Bamenda Hospital after being
arrested at Oku and tortured; and Emmanuel Konseh, who died during transfer to
Bamenda on 28 March 1997 after being arrested at Oku and stabbed with a
bayonet.
Central African Republic
Information received and communications sent
68. The Special Rapporteur received information that two amnesty laws had
recently been promulgated. The first, dated 30 May 1996, grants amnesty for
offences committed by members of the Central African armed forces who were
responsible for the mutinies of 18 to 21 April 1996 and 18 to 28 May 1996.
The second law, dated 15 March 1997, grants amnesty for offences connected
with the mutiny of 15 November 1996 to 25 January 1997.
69. The Special Rapporteur sent the Government an urgent appeal on behalf of
Mr. Edouard Batoumbaye and his family, reportedly threatened with death by
rebels. The information received speaks of an armed attack against his family
and looting of his home by six men in military uniforms (28 May 1997) .
Observations
70. The Special Rapporteur regrets that by the time this report was
finalized, the Government had not replied to the allegation transmitted. The
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page 20
Special Rapporteur also wishes to inform the Government of his concern about
the two amnesty laws, which might have the effect of sanctioning impunity. He
is convinced that respect for the rights of the victims and their families and
the right to truth, justice and compensation will help bring about a genuine
national reconciliation.
Chad
Information received and communications sent
71. The Special Rapporteur remains concerned about the human rights
situation in Chad, notably the renewed outbreak of violations of the right to
life since 1996. The Special Rapporteur recently received information
indicating that some 52 civilians were killed in an attack launched by
government forces on 30 October 1997 against the ‘ Armed Forces for the Federal
Republic” (FARF) at Moundou, southern Chad. Isolated incidents, in which
members of the security forces arrested, tortured and executed numerous
unarmed civilians, reportedly continued through 8 November.
72. The Special Rapporteur sent the Government an urgent appeal concerning a
telegram sent by the Commander of the Specialized Units Group of the Chadian
National Gendarmerie ordering the members of the nine gendarmerie services to
proceed immediately to physically eliminate anyone caught in the act of
stealing, subject to severe penalties, including demotion or dismissal from
the army. According to the information received by the Special Rapporteur,
several persons suspected of theft were killed within days after the telegram
was sent: Georges Toubad& and Jean Nedbe Kabeda, arrested on 12 November 1996
after being caught stealing in a gombo field, were allegedly tortured and then
killed; a minor was allegedly killed and thrown into the Chari river on
13 November 1996 after being caught by gendarmes stealing food from his
neighbours; a pregnant woman charged with theft at the millet market was
allegedly arrested by the gendarmes on 16 November 1996 and killed on the
spot; a man accused of stealing a can of oil was allegedly killed on
15 December 1996 (24 January 1997) .
73. The Special Rapporteur also transmitted to the Government allegations of
violations of the right to life of the following persons:
(a) Houlibele Tissal, Kokreo Guirsala, Poure Ouangrebele,
Hapmon Faitoin, Sere Djakdjinkreo, Djaoutoin Taissam, Mendandi Metoin,
Djibrilla Yaya and Lamna Djoina were all allegedly shot in public without
trial, in the presence of administrative, political and military authorities.
These executions reportedly took place on 24 December 1996, two days after
these nine persons were arrested at Fianga on several charges including
multiple theft, rape and physical abuse;
(b) Ndobi Abel, who was arrested in August 1995 and tortured,
allegedly died of his injuries at Moundou hospital;
(c) Mbaitarem Nasson was allegedly tortured and killed in August 1995
after being taken from his cell without authorization by the local gendarmerie
commander;
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page 21
(d) Bichara Digui, a member of an opposition political party, was
allegedly killed on 16 August 1996 by three unidentified persons suspected of
being members of the security forces;
(e) Albert Nadji, a religious teacher, was allegedly executed by
members of the military in September 1995 after being taken from the church
where he had sought refuge;
(f) Odette Belkoum, who died in custody on 26 September 1995 after
being tortured;
(g) Ndoyo Ambroise, who died in April 1994 after being severely beaten
by a gendarmerie patrol;
(h) Mbailassem G&d&on, a former member of the military, allegedly died
of suffocation on 9 March 1996, in an overcrowded cell where he was being
held;
(i) Djebayom Etienne, Djekoungatan Amand, Djekounyom Gabriel,
Wane Sylvain, Nadjihadem S&bastien and Ngombaye G&d&on were allegedly killed
by members of the military on 19 August 1995 at Beissa after being severely
beaten;
(j) Ahmat Bougui Breme allegedly died in Oumhadjer hospital in
May 1995 after being beaten by members of the security forces;
(k) Mahamat Ahmat Anat allegedly died in November 1996 after being
tortured in an N'djamena police station.
(1) Mahamat Dare and Mahamat Sokou allegedly died in November 1995 at
Faya Largeau prison after being subjected to torture and ill-treatment.
Observations
74. The Special Rapporteur regrets that no reply was received from the
Government by the time this report was completed. Despite information to the
effect that the order to kill thieves had been rescinded, the Special
Rapporteur remains concerned about summary executions being perpetrated with
complete impunity by the gendarmerie, the police and the administrative
authorities and by deaths in custody under inhuman conditions. The Special
Rapporteur urges the Chadian authorities to put an end to the persistent
impunity by conducting thorough and exhaustive inquiries aimed at establishing
responsibility for the summary executions of civilians and for all other
violations of the right to life. The victims' right to justice and
compensation must also be respected.
Chile
Information received and communications sent
75. The Special Rapporteur transmitted an urgent appeal on behalf of
Sola Sierra Henriquez, Chairman of the Group of Relatives of Disappeared
Detainees, and Viviana Diaz Cara and Mariana Guzm n Nlaffiez, members of the
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page 22
same organization, after they had received death threats by telephone. They
also said they had been harassed by men in civilian clothes, who identified
themselves as members of the Police Department. It was stated that the
three women had applied to the Santiago Court of Appeal for protection
(17 June 1997) .
Communications received
76. The Government of Chile informed the Special Rapporteur that no member
of the Police Department had been involved in the intimidation of Sola Sierra
Henriquez, Viviana Diaz Caro and Mariana Guzntn Nlaffiez. The Under-Secretary
for the Interior also said that the persons concerned had been offered police
protection, but had declined the offer. It was stated that on 9 June 1997,
the above-mentioned persons submitted an application for protection to the
Santiago Court of Appeal, which the Court granted, ordering that a police
guard should be maintained for 30 days at the office of the Group of Relatives
of Disappeared Detainees and for 15 days at the homes of the persons concerned
(30 July 1997) .
China
Information received and communications sent
77. The Special Rapporteur continued to receive reports on China's
nationwide anti-crime campaign of 1996, which led to a number of executions
unprecedented since 1983. It was brought to the Special Rapporteur's
attention that executions in China might have accounted for 80 per cent
of executions worldwide during this period. More than 4,300 persons were
reportedly known to be executed during this period, a figure believed to
fall short of the actual figure, for crimes including hooliganism, theft,
corruption and drug trafficking.
78. In this context, the Special Rapporteur transmitted an urgent appeal
to the Government on behalf of Wang Xizhong, director of a municipal trust
company, who was reportedly sentenced to death on 20 January 1997 for
embezzlement of more than 100 million yuan (US$ 12 million) (20 January 1997) .
79. The Special Rapporteur also transmitted allegations regarding violations
of the right to life of the following persons:
(a) In Tibet: Mr. Dorje, who reportedly died on or around
24 July 1996 as a result of injuries sustained in police beatings 20 days
earlier; Tenchok Tempel, a monk of Sakya monastery, who allegedly died in
detention in Sakya prison on 17 September 1996 as a result of torture;
Jamyang Thinley, who had reportedly been arrested on 30 May 1996 during a
raid on Chamdo monastery and who allegedly died as a result of torture on
18 September 1996, five days after his release on medical grounds from Chamdo
prison;
(b) In 1-lenan province: Zhang Xiuju, who was reportedly beaten to
death in police custody following her arrest on 26 May 1996.
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Communications received
80. The Government provided a reply to the urgent appeal sent on behalf of
Wang Xizhong on 20 January 1997, informing the Special Rapporteur that he was
sentenced to death in accordance with the law and that his case was at that
moment pending before the Superior People's Court of Jiangsu province. It was
also stated that China's application of the death sentence is in line with the
International Covenant on Civil and Political Rights and that it has placed
extremely strict constraints on the application of capital punishment, China's
Penal Code providing that ‘ the death sentence applies only to those who are
guilty of the most heinous crimes” (14 May 1997) .
81. The Government also provided information in response to the allegations
of violations of the right to life transmitted during 1997. Concerning
Mr. Dorje, the Special Rapporteur was informed that no such person existed.
With regard to the case of Tenchok Tempel, the Government indicated that he
had hanged himself and that his suicide was confirmed by a forensic medical
examination. With respect to Jamyang Thinley, the Special Rapporteur was
informed that he had died of tuberculosis meningitis on 27 November and that
he had been taken to hospital immediately when he contracted the disease in
October 1996 while undergoing re-education through labour. Concerning
Zhang Xiuju, the Government affirmed that she had died as a result of injuries
sustained when she jumped out of a prison van and that a forensic medical
examination confirmed that her death had been caused by a severe skull injury
and haemorrhage caused by the fall (3 August 1997) .
82. In response to a letter from the Special Rapporteur dated
7 October 1996, in which the Special Rapporteur thanked the Permanent
Representative of the People's Republic of China to the United Nations
Office at Geneva for having received him and for an informative and fruitful
conversation, the Government of China said that it was studying carefully the
Special Rapporteur's request to visit China. The Special Rapporteur was also
informed of the adoption of the Law on the Role of Lawyers and the Law on
Administrative Punishment, and about the major changes made to the Law on
Criminal Procedure and the Government's commitment to further improve its
system of laws and the administration of justice in the light of its economic
and social development (24 February 1997) .
83. Moreover, the Government provided a reply to several allegations of
violations of the right to life transmitted during 1995, all of which
concerned persons who had died in detention due to ill-treatment or torture.
Regarding the case of Kalsang Dolma Gangong, the Government indicated that
she was suffering from serious tuberculous meningitis when she was imprisoned
in 1993, that she was paroled on 21 December 1994 to enable her to receive
medical treatment, and that she died at home on 22 February 1995. Regarding
Tashi Tsering, the Government stated that during his detention he was twice
hospitalized for treatment for high blood pressure after which his physical
condition normalized, that he was not subjected to torture, and that he was
released from prison upon completion of his sentence on 27 May 1993. With
regard to Sherab Ngawang, the Government indicated that, after she had been
released from labour camp, she fell ill with a gynaecological ailment and a
gastric perforation which caused her death after treatment failed, and that
the allegation that she was subjected to beatings by prison guards was not
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true. With regard to Zheng Musheng, the Government confirmed that he had
died as a result of beatings from other detainees. The Special Rapporteur
was also informed that proceedings were started against those alleged to be
responsible, that the responsible officials in the detention centre had
received disciplinary punishments, and that the allegation that his wife was
the subject of police harassment was not true (11 March 1997) .
84. In the same communication, the Government also replied to the urgent
appeal sent on 16 August 1995 on behalf of Wang Yuming, Zhang Zhejun,
Xie Qiusheng, Pan Yongli, Jiao Zengtian and Dong Zhong, who were allegedly
executed without having been granted the right to appeal or to seek
clemency. According to the Government, of the six defendants, Xie Qiusheng,
Jiao Zengtian and Dong Zhong had appealed against the judgement by the
court of first instance. The judgements regarding those who had not appealed
were submitted to a higher court for approval. The Government also stated
that the six criminals all fell into the category of ‘ most heinous criminals”
under China's Criminal Law and that their death sentences therefore had a
sound legal basis.
Observations
85. The Special Rapporteur wishes to thank the Government for the replies
and the information provided. The Special Rapporteur once again feels
compelled to express his utmost concern at the wide range of crimes punishable
by death in China and the very high number of executions. He would like to
remind the Government that the broadening of the range of capital offences
which has reportedly occurred since 1979 counters the trend towards the
limitation, and eventual abolition, of the death penalty as expressed
repeatedly by the Human Rights Committee, the General Assembly and, more
recently, the Commission on Human Rights. Moreover, the Special Rapporteur
continues to be concerned about allegations of unfair trials and in particular
a lack of respect for safeguards and guarantees for the protection of those
facing the death penalty.
86. In the light of the aforementioned, the Special Rapporteur should like
to reiterate his interest in visiting China to study in situ questions
relating to the right to life. He regrets that no progress was made in this
respect over the past year.
Colombia
87. The Special Rapporteur has continued to receive a large number of
complaints about violations of the right to life. There is no evidence to
suggest that there has been any improvement over previous years. It was
reported that paramilitary violence was still responsible for most violations
of the right to life. It was also stated that the paramilitary groups,
i.e. the Peasants' Self-Defence Units of C6rdoba and Urab (ACCU) , which were
responsible for systematic violations of the right to life, were acting with
impunity and with the acquiescence of certain elements in the armed forces.
The zones most affected by the strong paramilitary presence were the
departments of Antioquia, Caquet , C&sar, Guaviare, Meta and Norte de
Santander. An increased military presence had also been recorded in the
E/CN.4/1998/68/Add. 1
page 25
south of Bolivar since March 1997. Clashes with the guerrillas in these
areas were in turn causing mass displacements of the population to other
areas.
88. As the Special Rapporteur has already stated in previous reports to
the Commission, so many complaints are received by his office about Colombia
that he cannot analyse them all. It is also impossible for him to provide
appropriate follow-up in cases of violations of the right to life. The
Special Rapporteur transmitted 24 urgent appeals to the Government of
Colombia, requesting it to take the necessary measures to protect the physical
integrity and right to life of the following persons, who had received death
threats from members of the security forces and paramilitary groups, except
where indicated to the contrary:
(a) Human rights activists:
(i) Sandra del Pilar Ubate, after receiving a death threat at the
offices of the Colombian Association of Relatives of Disappeared
Detainees (ASFADDES) in Bogota. Sandra del Pilar Ubate and her
family had already received death threats on previous occasions,
probably to stop them from testifying before the Cali Regional
Procurator's Office in connection with the investigations into the
disappearance of John Ricardo Ubate, Sandra's brother
(10 January 1997) .
(ii) Ermilda Araque, Chairman of the Municipal Association of Women of
Salgar (Antioquia) and Coordinator of the Women's Committee of the
Aritioquia Peasants Association, after being constantly harassed by
unidentified persons, presumably connected with paramilitary
groups (27 March 1997) .
(iii) Wilson Patiflo Agudelo, activist for the Remedios Human Rights
Committee. He had earlier received death threats in connection
with the fact that he had accused a police official of having been
responsible for human rights violations in the municipality of
Remedios (7 April 1997) .
(iv) Gustavo Gall6n Giraldo, after being accused of the offences of
rebellion and drug trafficking, during a debate in the Senate
Human Rights Committee on the opening of the office of the
High Commissioner for Human Rights in Colombia, by the Commander
of the Colombian armed forces (11 April 1997) .
(v) Members of the People's Research and Education Centre (CINEP) ,
after the murder of Carlos Mario Calder6n, his wife,
Elsa Constanza Alvarado, and her father, Carlos Alvarado Pantoja,
by a group of men who identified themselves as members of the
staff of the Procurator's Office (22 May 1997) .
(vi) Pedro Julio Mahecha, lawyer and member of the Jos& Alvear Restrepo
Lawyers' Collective Corporation (CCA) , and his family, after being
subjected to intimidation and harassment. Pedro Julio Mahecha was
E/CN. 4/1998/68/Add.1
page 26
working on cases of human rights violations in which members of
the Colombian security forces were said to be involved
(5 December 1996) .
(b) Priests:
(i) Jesias Martinez and Bernardo Villegas, Franciscan priests and human
rights activists, threatened by a group of paramilitaries, who
identified themselves as members of ACCU. This same paramilitary
group is said to have killed six unidentified peasants in
Sincelejo and to have sacked business premises (9 April 1997) .
(ii) Father Ezio Guadalupe Roattino Bernardi, an Italian priest from
the community of Caldona, Cauca Department, after being accused by
members of the police of being a collaborator with the guerrillas
(6 May 1997) .
(c) Trade unionists:
(i) Participants in farmers' demonstrations in the regions of
Guaviare, Caquet and Putumayo, and their representatives,
after the death of Victor Julio Garz6n, Secretary-General of
the National Agricultural Trade Union Federation (FENSUAGRO) and
member of the committee responsible for monitoring compliance with
the agreements reached between coca growers and the Colombian
Government (13 March 1997) .
(ii) Jorge Eliecer Mann Trujillo after receiving three anonymous
telephone calls threatening him. Previously, he had received a
note at the office of SIMTRAMCHINCHINA, in Chinchin , in which he
was threatened with death if he did not leave the region promptly.
The note was signed by a paramilitary group calling itself ‘teath
to Trade Unionists in the Coffee Industry” (21 March 1997) .
(iii) Neftali Vanegas P&rea, Chairman of the Central Services
Cooperative (CENCOSER) in the municipality of Ocaffia, Norte de
Santander, and employees of the Santa Clara chicken farm, after
the death of the legal representative of the Santa Clara chicken
farm, Julio Hernando Enriquez, and after paramilitary elements
had established themselves on land belonging to the farm
(29 March 1997) .
(d) Inhabitants of the following towns:
(i) Civilian population of the communities in the north east of
Choc6 after the increase in paramilitary activity in the region.
Members of paramilitary groups are said to have advised the
inhabitants of these communities not to enter the towns of
Marsella, Brisas, Albania or Tanelita because they would kill
anybody they found there (10 January 1997) .
(ii) Inhabitants of the municipalities of Remedios, Yond6 and
Cantagallo after an increase in paramilitary activity in the
E/CN.4/1998/68/Add. 1
page 27
region and the deaths at the paramilitaries' hands of Reinaldo de
Jesias Rios, Norberto Galeano Cuadros and Jesias Antonio Cabal,
whose bodies were said to have been found on the road between
San Francisco de Yond6 and Barrancabermeja, Santander Departament
(17 February) .
(iii) Inhabitants of the municipality of El Carmen de Atrato, Choc6
Department, after receiving death threats from members of the army
and paramilitary groups accusing them of collaborating with the
guerrillas. The killing of Gustavo Taborda in the neighbourhood
of the locality of El Carmen de Atrato and of Libia Vera by
members of a paramilitary group in the immediate neighbourhood
of the same locality added to the fears of other inhabitants
(6 March 1997) .
(iv) Civilian population of the municipality of Segovia, after
the killing of Martin Emilio Rodriguez Londoflo, Aurelio de
Jesias Pel ez, Luis Carlos Muffioz, and a man known as Didier or
‘tel Grillo”, by a paramilitary group operating in the municipality
of Segovia with the presumed acquiescence of the security forces
(13 March 1997) .
(v) Civilian inhabitants of El Carmen de Bolivar and San Jacinto,
after a group of some 50 paramilitaries invaded El Saldo,
municipality of El Carmen de Bolivar, obliging some 30 of its
inhabitants to leave their houses, and killing Doris Torres, a
schoolmistress accused by the paramilitaries of collaborating with
the guerrillas, Alvaro P&rez, peasant, Jos& Esteban Dominguez,
Ender Dominguez and Nicol s Arrieta, whose names appeared on a
list in the paramilitaries' possession (7 April 1997).
(vi) Civilian inhabitants of south-eastern Urab , after the deaths of
Diofanor Sanchez Celada, Ram6n Jim&nez and Francisco Tabarquino
(17 June 1997) .
(e) Municipal representatives:
(i) Of Antioquia, after the death of Heli G6mez Osorio, municipal
representative in Antioquia Department, and Jos& Loaiza Correa,
municipal representative from Caffiasgordas, whose body was said
to have been found in the waters of the river Sucio in the east
of Antioquia. The urgent appeal was sent jointly with the
Rapporteur on the independence of judges and lawyers
(16 December 1996) .
(ii) Jos& Estanislao Amaya P ez, municipal representative from
San Calixto, Norte de Santander, after receiving a written death
threat signed by the paramilitary group ‘ Catatumbo Self-Defence”.
This said that he had a week to leave the region and that his
death would be followed by those of many other people. This
urgent appeal is sent jointly with the Rapporteur on the
independence of judges and lawyers (16 July 1997) .
E/CN. 4/1998/68/Add.1
page 28
(f) Peasants' representatives:
(i) Bel&n Torres C rdenas and Raili Emilio Ramos, members of the
National Association of Peasant Consumers - Unity and
Reconstruction (2U TJC-UR) , who feared possible reprisals after
attending various meetings at the Centre for Human Rights in
Geneva to provide information on the present situation of groups
of persons displaced from the Bellacruz estate, C&sar Department
(20 November 1997) .
(g) Minors:
(i) Juan Carlos Herrera Pregonero, Fabian Mauricio G6mez and
Andr&s David Escobar, all three minors, after being taken by force
from a minors' detention centre in Cali, known as the Valle de
Lili Rehabilitation Centre, after a previous occasion on which
three abducted minors had been found dead. Two former police
officers and two officials from the Valle de Lili Centre are said
to be under investigation in connection with the deaths of these
minors (30 May 1997) .
89. The Special Rapporteur also transmitted an urgent appeal on behalf of
JIIgel Trujillo Somagoso, a former guerrilla fighter with the Revolutionary
Armed Forces of Colombia (FARC) , who was handed over to the army in 1994 after
publishing various statements in which he accused the army and paramilitary
groups of grave violations of human rights (17 January 1997) .
90. The Special Rapporteur also sent two urgent messages to the Governments
of Colombia and Panama in order to prevent some 400 peasants and their
Colombian families from Unguia, Choc6 Department, Urab , who had fled from
Panama after violent clashes between guerrilla and paramilitary groups, from
being deported to Colombia without measures being taken to protect their right
to life (5 December 1997 and 28 April 1997) .
91. The Special Rapporteur also transmitted to the Government complaints
about violations of the right to life of the following persons:
(a) Killed by paramilitary groups:
(i) Minors: C&sar Augusto Bartolo, 12 years old, killed in Apartad6,
Urab , on 21 August 1996. The boy is reported to have been
decapitated in front of other minors and his head displayed in
public.
(ii) Human rights defenders: Jafeth Morales, human rights activist in
the municipality of San Calixto and member of the local church
communities, killed at Ocaffia, Norte de Santander; Margarita Guzm n
Restrepo, human rights activist, killed at Segovia town hall;
Alvaro Nelson Su rez G6mez, priest, human rights defender, and
Director of the Social Pastoral Secretariat of Cucut Diocese and
parish priest of the Church of the Divine Child, killed together
with Luis Andelfo Pel ez, a parishioner from the town of Rosario,
Norte de Santander.
E/CN.4/1998/68/Add. 1
page 29
(iii) Indigenous persons: Gerardo Estrado Yaspuesan, Marco Antonio
Nasner and Alfredo Basante, killed at Tuquerres, Nariflo;
Jos& Miguel Domico, killed in the indigenous community of
Dabeiba Viejo, municipality of Dabeiba, JIItioquia.
(iv) Peasants: Eloy Villamizar Contreras, killed at Salazar, Norte
de Santander; Luis Hernando Reyes, Ernestina M&ndez Rico and
Alberto Vargas, killed in the district of Casacara, C&sar;
Dioselino Quiffiones, killed at Pelaya, C&sar; Luis Elver Villa
Sanchez, Mario Augusto Zapata Carvajal and Luis Antonio Barrientos
V&lez, killed at the village of El Cruce, between Remedios and
Yond6; Gerardo Alzate, killed at Granada, Antioquia.
(v) Political leaders: Jos& Alberto Restrepo P&rez, former mayor of
Segovia and activist in the Patriotic Union Party, killed at
Medellin; F&lix Guarniza Barrag n, former town counsellor for the
Liberal Party in the municipality of El Copey, killed at El Copey,
C&sar; Fredy Garcia, former town counsellor and member of the
Patriotic Union Party, killed at El Copey, C&sar;
(vi) Trade unionists: Isidro Segundo Gil Gil, Secretary-General of the
National Union of Food Industry Workers (SINALTRAINAL) , killed at
Carepa;
(vii) Others: Dario Covas Contreras, Diomedes Zapata,
Rebeca Villareal and Baldomero Vergara, killed at El Guamo,
Bolivar; Santander Mendoza, Alonso Cabezas, Magnum Murillo,
Johnny P jaro and Jaime Palacios, killed in the municipality
of Riosucio, Choc6; Samuel and Jorge Barreto and Israel and
Jorge Herrera killed at San Juan Nepomuceno, Bolivar;
Huber Ascanio JIIril, Jesias and Jorge Cardozo Santodomingo,
Aurelio Lindarte, Alirio Quintero, Haider C rdenas and Albeiro N.,
killed at San Diego, C&sar; Manuel Diaz, Armando Chavez and
Heder Hern ndez, banana workers, killed at Chigorodo, Antioquia;
Luis Enrique Salgado, Emiro Tovar, Everto Tovar, Ovidio Castillo,
Daniel Salgado, Feder Rivera and Denny Ruiz, killed at Toluviejo,
Sucre; Antonio Maldonado and Libia Ortega, traders, killed in the
districts of San Miguel and Santander, C&sar; Rafael de Oro
Martinez and German Dario Ospino, workers, killed at Tenerife,
Magdalena; Emilio Quintero, Raili G6mez, Jos& Luis Agudelo and
Alfredo Alba, killed at Cazuca; Jesias Toscano, killed at Pelaya,
C&sar; Luis Angel Guerra and Hernando Restrepo, killed at
Zaragoza, Antioquia; Francisco and Marcelino Ballesteros,
killed at Gilgal, Choc6; William Contreras and Fredy Durango,
workers, killed in Apartad6, Antioquia; Luis Antonio Ramirez,
Edilberto Mesa, Gerardo Alvarez, killed at El Play6n, Santander;
Humberto Londoflo, Gabriel Parra, Dario Ceballos, Carlos Posada
and Omar Alzate, killed at San Roque, Antioquia; Hern n Alonso
L6pez and Carlos Mario Betancur, killed at Carmen de Viboral,
Antioquia; Benjamin Landero, Carlos Anibal Montes and
Benjamin Landero, killed at San Jacinto, Bolivar; Carlos Eduardo
G6mez, Luis Alexander Gonzalez, Luis Eduardo Layos and
Sandra Elena Rend6n, killed at Guarne, Antioquia; C&sar Diaz,
E/CN. 4/1998/68/Add.1
page 30
Jorge C ceres and Daniel Hoyos, killed at Bellacruz; Jos& Ignacio
Acevedo, killed at Dari&n, Panama; Cipriano Garcia, killed at
Yaviza, Panama; Rub&n Antonio Villa, JIItonio Villa, Miguel Haya
and Guillermo Serma, killed at San Jos&, Apartad6; Marino L6pez,
killed at Vijao, Urab ; Jos& David, killed at La Uni6n;
Elias Zapata, Eliodoro Zapata, Alberto Valle, F&lix JIItonio
Valle and Carlos Torres, killed in the community of Las Nieves;
C&sar P&rez, killed in the community of El Guineo;
Alfonso Callejas Robles, killed at Puerto Wilches; Luis Jos&
Lemus, Segundo V squez, Otoniel Caflizares, killed at
Puente Simaffia; Luis Segundo Torres, killed at San Bernardo,
municipality of Tamalameque; Fidel Sufscun, Jos& Pitalua, Perica
and Ediberto Jim&nez, killed at Llano Rico, Urab ; Fabian Su rez
Garcia, killed at Granada, Antioquia.
(b) Killed by members of the army:
(i) Peasants: Diosemel, Adinael and Luis Toscano, killed at
Valledupar, C&sar; Johny de Jesias Bayona, killed by a
counter-insurgency patrol at the settlement of Puerto Jordan,
municipality of Tame; Alfonso Manuel Mendoza Barrios, killed at
Turbo, Antioquia; Jos& Olmedo Toro Alvarez and Vicente JIIgulo
Benavidez, killed at Onto, Putumayo; Laurentino Avendaflo and
Ferney Delgado, killed at La Montaflita, Caquet , by troops from
the Twelfth Army Brigade; Antonio Angarita and Carmen Angel
Clavijo, killed in the municipality of San Calixto, Norte de
Santander; Everto Antonio 1-lerrera and Juan L6pez, killed at
Puerto Asis, Putumayo, by troops from Counter-insurgency
Battalion 37 together with units of the military police when they
were trying to disperse a demonstration by peasants.
(ii) Indigenous persons: Gilberto Jos& M rquez Murillo and
Argemiro Manuel Padilla Benitez, killed at Sincelejo, Sucre;
Gustavo Hern ndez, an indigenous Huioto, killed at Solano,
Caquet .
(iii) Trade union leaders: Nazareno de Jesias Rivera, killed in the
municipality of Segovia, Antioquia.
(iv) Others: Diego Le6n Yarce, Martha V&lez and Suhey Montoya, minors,
killed at Segovia; Uriel Cardona, member of the Colombian
Communist Party leadership, and Alfonso Giraldo Osorio, worker,
killed at Apartad6; Huber Antonio Ascanio Abril, Jesias and
Jorge Cardozo, Aurelio Lindarte, Jaime C rdenas and
Nehemias Dur n, killed in the district of Media Luna, San Diego,
C&sar; Jairo Bellere Buitrago, member of the communal action board
of San Jos& de Morichal, and Abimelet Parra, trader, killed in the
municipality of Tame; Juan Coronel, killed by a counter-insurgency
patrol in the municipality of Tame; Giraldo Arias Sosa,
Hern n de Jesias P&rez and Jorge Eliecer Rodas, killed on the
Montebello estate, municipality of Salgar; Jesias Eudoro
Orjuela Trujillo, killed at Ibagu&, Tolima; Reinel Valencia and
Gelmer Porras, killed at El Castillo, Meta; Vladimir Zambrano,
E/CN.4/1998/68/Add. 1
page 31
Jenner Alfonso Mora, Juan Carlos Palacios and Arquimides Moreno,
killed in the municipality of Mosquera; Leonardo and Bernardo
Panesso, killed in the community of El Guineo, Apartad6.
(c) Killed by the police:
(i) Political leaders: Fabio Fonseca Guerrero, former mayor of the
municipality of Uribia, killed by anti-narcotics police officers
when taking part in a procession of civic and political leaders of
Uribia and Guajira; Medardo Ducuara Leyton, Governor of the
community of Sortija, killed in the municipality of Ortega,
Tolima.
(ii) Peasants: Alonso Bonilla, killed at Puerto Asis when taking part
in a peasants' demonstration; Segundo Saboby Urbano and Eber Cano,
killed at Florencia, Caquet , during a campaign by peasants.
(iii) Human rights defenders: Jorge Conde, killed by officers from the
fifth police station in Cali, presumably because of his statements
to the Human Rights Unit of the Procurator's Office on the
disappearance of John Ricardo Ubate.
(iv) Others: John Jairo P&rez Romero, killed in the La Gloria district
of Cundinamarca; Jaime Lara V squez, worker, killed at Facatativa,
Cundinamarca, when taking part in a protest by the inhabitants of
the municipality; Hector G6mez, killed in the municipality of
Remedios, a hundred metres from a police command post, without the
police making any effort to prevent the incident.
Communications received
92. The Special Rapporteur received a large number of replies from the
Colombian Government (11 and 14 November and 2 and 20 December 1996, 8, 20 and
23 January 1997, 3, 10, 13 and 17 February 1997, 23 March 1997, 2, 4, 8 and
28 April 1997, 11 and 24 June 1997, 2, 7 and 22 July 1997, 6 and
21 August 1997, 9 September 1997 and 1 October 1997) , which shows the
Government's willingness to cooperate with the Special Rapporteur in the
fulfilment of his mandate.
93. The Colombian Government informed the Special Rapporteur about the
investigations launched and the judicial proceedings conducted in connection
with the following cases and urgent appeals transmitted by the Rapporteur:
Jesias Alberto Buitrago; Hugo Aldemar Manrique, Juan Carlos Gir6n Hurtado and
Rodolfo Cetre Angola; Freddy Francisco Arboleda and Silfredy Arboleda;
Fernando Carrillo Villegas and Eliseo Narv ez; Jos& Antonio Caldera,
Juan Diniro Hern ndez, Jorge Eliecer Partenina Roa, Evangelista Urrego
Ferreira, Milton Romero Churioi, Carlos Maurel Arriero and Edison Martinez;
Pedro Pablo Vera Parra, Le6nidas Tapiero Briceflo, Jos& Aldemar Delgado,
Maria del Carmen Quiffiones, Prince and Celestino Benavides; Jesias Ropero,
John Hoymar Beltr n Galvan, Libardo Montalvo P&rez, Miguel Angel
C ceres Padilla, Fernando L6pez, Geovanny Guzm n, Lorenzo Padilla,
Jos& Trinidad Galvan; Nelson Fernando Lombana; Jesias Daniel Lascarro Madera;
F&lix Enrique Martinez; Fabio de Jesias G6mez Gil; Martin Parroquiano Cubides;
E/CN. 4/1998/68/Add.1
page 32
members of the Human Rights Committee of El Carmen de Atrato; Jos& Norbey
Jule Cuicue; German Garcia and Omar Quintero Lozano; Alexir Orozco Hern ndez;
Milciades Canatillo; Adriano Portillo, Javier Contreras Baron and
Alvaro Botello; Alvaro Diaz; Roison Mora Rubiano; Riofrio massacre;
Guillermo Omeara Miraval et al. ; Alvaro Moreno Moreno; Elvia Regina Cuello and
Ezequiel JIItonio Urbano; Rodrigo Fl6rez; Alberto Barriga Vergel; Jaime Ortiz
Alvarez; Ram6n Ricardo Avila; Ricardo Paredes Garcia; displaced persons from
the Bellacruz estate; Jos& Lemus, Segundo V squez and Otoniel Caflizares;
Jorge C ceres; Jaime Laguna Collazos; Edinson Donado and Reina Elena Donado;
Bel&n Torres and Raili Emilio Ramos; Alejandro Matia Hern ndez and
Hermes Castro; Alberto Agudelo; Jaime and Orlando Hern ndez; Jaime Antonio
Blanquiceth Jaramillo, Rafael Peffiate Cabrales, Roberto Montes Vergara and
Juan Antonio Solano Su rez; Guillermo Le6n Barrera and Francisco Javier
Taborda; Manuel Castillo Ruiseco; Sandra del Pilar Ubate; Angel Trujillo
Somagoso; Pedro and Milena Malag6n; Jairo Alfonso Gamboa; Reinaldo de Jesias
Rios, Norberto Galeano Cuadros, Jesias JIItonio Cabal; Diego M rquez Zapata and
Ermilda Araque; Gustavo Taborda and Libia Vera; Wilson Patiflo; Jorge Eliecer
Mann Trujillo; Hector de Jesias G6mez; Margarita Guzm n Restrepo;
Diafanor Sanchez; Ram6n Jim&nez Duarte; Mario Calder6n, Elsa Constancia
Alvarado and Carlos Alvarado Pantoja; Victor Julio Garz6n; Julio Hernando
Enriquez; Juan Carlos Herrera Pregonero, Fabian Mauricio G6mez and
Aridr&s David Escobar; Carlos Eduardo G6mez, Luis Alexander GonIIlez Zulueta,
Luis Eduardo Layos and Sandra Elena Rend6n Alvarez; Hern n Alonso L6pez and
Carlos Mario Betancur Moreno; Humberto Londoflo Rivera, Gabriel Parra Alzate,
Dario Ceballos, Carlos Posada and Omar Alzate Muffioz; William de Jesias
Contreras and Fredy P&rez Carrascal; Isidro Segundo Gil Gil; Luis Elver
Villa Sanchez; Mario Augusto Zapata Carvajal and Luis Antonio Barrientos;
Gildaro Arias Sosa, Hern n de Jesias P&rez, Jorge Eliecer Rodas V&lez;
Uriel Cardona and Alfonso Giraldo Osorio; Fabian Su rez and Gerardo Alzate;
Luis Angel Guerra L6pez and Hernando Restrepo; C&sar Augusto Bartolo;
Jos& Alberto Restrepo; Jos& Miguel Domico; Juan Coronel; Benjamin Landero
Estrada, Carlos Anibal Montes Herrera and Benjamin Landero Arrieta;
Dario Covas Contreras, Diomedes Zapata, Rebeca Villareal and Baldomero Vergara
Villareal; Gustavo Hern ndez; Segundo Saboby Urbano and Eber Cano; Toscano
family; Dioselino Quiffiones; Antonio Maldonada Rangel and Libia Ortega;
Fredy Garcia; F&lix Guarniza Barrag n; Huber Antonio Ascanio, Jesias and
Jorge Cardozo Santodomingo, Aurelio Lindarte and Jaime C rdenas;
Ermilo Quintero Tovar, Raili G6mez Mayorca, Jos& Luis Agudelo Arango and
Alfredo Alba; Jaime Lara V squez; Francisco Ballesteros Garcia and
Marcelino Ballesteros Guevara; Santander Mendoza, Alonso Cabezas,
Magnum Murillo, Johny P jaro and Jaime Palacios; Fabio Fonseca Guerrero;
Rafael de Oro Martinez and German Dario Ospino; Reinel Valencia and
Gelmer Porras; Gerardo Estrada, Marco Antonio Nasner and Alfredo Basante;
Eloy Villamizar Contreras; Alvaro Nelson Su rez G6mez and Luis Andelfo Pel ez;
Jafeth Morales; Alonso Bonilla; Jos& Olmedo Toro Alvarez and Vicente Angulo;
Everto Antonio Herrera and Juan L6pez; Luis Anitonio Ramirez Hern ndez,
Edilberto Mesa Escalante and Gerardo Alvarez Galvis; Gilberto Jos&
M rquez Murillo and Argemiro Manuel Padilla; Luis Enrique Salgado,
Emiro Tovar, Everto Tovar, Ovidio Castillo, Daniel Salgado, Feder River and
Denny Ruiz; Jesias Eudoro Orjuela Trujillo.
E/CN.4/1998/68/Add. 1
page 33
Follow-up of the recommendations made by the Special Rapporteurs on torture
and on extrajudicial, summary or arbitrary executions after their visit to the
country in 1994
94. On 29 October 1996, the Special Rapporteurs reminded the Colombian
Government of the recommendations made after their visit to the country in
October 1994 and asked for information on the measures taken to put those
recommendations into practice, and in particular on certain specific aspects
of them detailed in a questionnaire. On 8 January 1997 the Government replied
to this request. During 1997 non-governmental sources provided the Special
Rapporteurs with information on the matters which were the subject of the
recommendations and the Government's comments. The recommendations, a summary
of the Government's reply and a summary of the information received from
non-governmental sources are given below. They were transmitted to the
Government on 31 October 1997.
95. The Special Rapporteurs ‘ call on the Government to fulfil its obligation
under international law to conduct exhaustive and impartial investigations
into all allegations of extrajudicial, summary or arbitrary executions and
torture, to identify, prosecute and punish those responsible, grant adequate
compensation to the victims or their families and take all appropriate
measures to prevent the recurrence of such acts” (E/CN.4/1995/111, para. 115).
96. The Government stated that as regards the obligation to compensate
victims, Act 288 of 1996 established machinery for the compensation of victims
of violations in pursuance of the provisions adopted by certain international
bodies, and specifically the Inter-American Commission and the Human Rights
Committee. The Act lays down specific obligations for the National
Government.
97. Non-governmental sources reported that although Act 288 of 1996
represented an advance in terms of bringing internal machinery into line with
international instruments for the protection of human rights, it did not cover
the broader issue of redress for violations of human rights as developed in
international theory and practice, confining itself solely to the question of
economic compensation, without establishing machinery covering, for example,
social redress, clearing of the names of the victims and fulfilment of the
State's obligation to guarantee the rights to truth and justice. Similarly,
Act 288 of 1996 restricted the State's obligation merely to compliance with
the recommendations for compensation made by the Inter-American Commission on
Human Rights and the Human Rights Committee, excluding the equally binding
recommendations that might come from other intergovernmental bodies for the
protection of human rights, such as the International Labour Organization or
the Committee against Torture.
98. In the matter of civil justice, the Special Rapporteurs recommended
among other things the following: (c) As long as the Regional Justice System
exists, the crimes falling under this jurisdiction should be clearly
defined . . . defendants before regional courts must enjoy full respect for
their right to a fair trial. The severe restrictions currently in place,
including those affecting the right to habeas corpus .. . should be eliminated”
(ibid., para. 117) .
E/CN. 4/1998/68/Add.1
page 34
99. With regard to the regional justice system, the Government stated that
the Statutory Act on the Administration of Justice expressly limited the
period for which the system was to remain in force: it has to cease operating
by 30 June 1999. The same Act originally contained provisions regulating the
withholding of the identity of witnesses and the procurator. But the
Constitutional Court declared these provisions unenforceable for reasons of
form. Nevertheless, in the light of the criticisms, recommendations and
suggestions made, the tendency is to reduce the coverage of the regional
justice system, the main factors justifying its application being the
dangerousness of the accused and the seriousness of the offence. Withholding
of the identity of judges and witnesses has been restricted.
100. Non-governmental sources stated that, as a result of the Constitutional
Court's decision, the previous rules continued to apply. This makes it easier
for members of the forces of law and order to appear as secret witnesses and
bring charges before the courts against those they consider their enemies, who
are often just social activists.
101. The Special Rapporteurs recommended that ‘ provision should be made for
effective protection of persons providing testimony in proceedings involving
human rights violations”.
102. The Government stated that the Witness Protection Programme of the
Procurator's Office operated on a restricted basis, since its requirements
were quite strict and few persons were willing to comply with them. Resources
continued to be inadequate to meet needs. The Government had made progress in
implementing the Special Programme for the Protection of Leaders and Activists
of Political, Trade-Union, Social and Human Rights Organizations and of
Witnesses. This programme has been assigned to the Ministry of the Interior's
Special Administrative Unit for Human Rights.
103. Non-governmental sources stated that the intervention of the Witness
Protection Programme of the Procurator's Office in cases of human rights
violations had not had very good results. On the few occasions on which the
Programme had intervened, its conditions had been very strict, the most
difficult one to accept being the protected person's total isolation from his
family. Furthermore, witnesses did not have confidence in the protection
offered; as victims of human rights violations, their fear when confronted
with any State official was understandable. The rigidity of the Programme and
the distrust of those eligible for protection generally led to conflict, to
the detriment of the latter's security. The central problem with this type of
programme is that it is designed for repentant offenders and not for victims
of human rights violations. These see themselves as in danger of being
treated as suspects or accused persons, since the function of the Procurator's
Office is to investigate and accuse, so that it is natural that the victims
should not feel confidence in the body responsible for providing them with
protection. The coverage of these programmes is very limited and their
approach questionable; the tendency is to intervene with regard to the effects
of threats to these persons' security, but in the overwhelming majority of
cases any investigation of the reasons for these threats or of those
responsible for them goes by the board.
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104. With regard to the Special Programme of Protection for Leaders and
Activists of Political, Trade-Union and Social Organizations, non-governmental
sources stated that it had been presented by the National Government to the
non-governmental human rights organizations in March 1997. Since that date,
security conditions for human rights institutions and their members had been
deteriorating badly, with many cases of murder, disappearances, judicial
proceedings in which being active in human rights was treated as criminal,
threats, exile and enforced departure. These facts are in contrast to the
policy followed by the Government since the middle of this year, as
exemplified in Presidential Directive 011 of 16 July 1997 and the dialogue
initiated between human rights organizations and the National Government
through the Ministry of the Interior, the Ministry of Foreign Affairs and the
Ministry of Defence, principally on the situation of human rights defenders.
105. Non-governmental sources also stated that Directive 011 recognized the
legitimacy of the work of non-governmental human rights organizations, their
contribution to democracy and the rule of law, to the prevention of new
violations, to efforts to do away with impunity and to redress for victims.
It requires public servants to refrain from making offensive or insulting
statements against members of such organizations and to give priority to
petitions from human rights defenders. The non-governmental organizations
recognize the importance of measures of this kind. Nevertheless, in the
dialogue opened up with the National Government, they have expressed the view
that the measures in question should be more far-reaching and effective. The
measures suggested include confronting and eradicating illegal paramilitary
groups, dismissing members of the forces of law and order and other State
bodies involved in serious human rights violations and putting into effect
strategies for the prosecution and punishment of those responsible for threats
and attacks against human rights defenders.
106. The Special Rapporteurs recommended, with regard to the military justice
system, that a reform of the Code should include the following elements:
(a) Clear distinction between those carrying out operational activities and
personnel involved in the military judiciary, who should not be part of the
normal chain of command; (b) Recomposition of the military tribunals by a
corps of legally trained judges; (c) Ensuring that those responsible for the
investigation and prosecution of cases are also entirely independent of the
normal military hierarchy; (d) Removal of the defence of obedience to superior
orders in respect of executions, torture and enforced disappearances;
(e) Involvement of the claimant for criminal indemnification ( parte civil ) ;
(f) Explicitly excluding from military jurisdiction the crimes of
extrajudicial, summary or arbitrary execution, torture and enforced
disappearance. Furthermore, the organ deciding in conflicts of competence
between the civilian and the military justice systems should be composed of
independent, impartial and competent judges.
107. The Government notified its decision to submit the reform of the
military criminal justice system to the Congress from March 1997. The
Government has an official position on the two main points of disagreement:
whether or not to delimit the concept of service-related offences and whether
or not to restrict the concept of obedience to superior orders as exempting a
person from responsibility. With regard to the first question, it opted for
not including definitions or normative indications, but to leave the analysis
E/CN. 4/1998/68/Add.1
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and definition of whether the offence was service-related or not to the
judges. As far as obedience to superior orders is concerned, it will only be
possible to invoke this defence when it is based on a lawful order and does
not run counter to fundamental rights.
108. Other important advances have also been achieved, such as:
establishment of a clear distinction between those carrying out operational
activities and personnel involved in the military judiciary, who should not be
part of the normal chain of command; technical training for personnel
concerned with the tasks of investigating and trying cases; introduction of
the accusatorial system; involvement of the claimant for criminal
indemnification ( parte civil ) in the trial; and introduction of a chapter
making offences of the most notable violations of international humanitarian
law.
109. Non-governmental sources stated that the draft military criminal code
presented by the Government reproduced the content of article 221 of the
Constitution and excluded its application with regard to serious violations of
human rights in the matter of military justice. With regard to obedience to
superior orders, the project lays down guidelines to the effect that execution
of an order requires that it should be issued with the necessary legal
formalities and by a competent authority, but it is not explicit about the
duty not to obey express orders that entail human rights violations. As
regards the claimant for criminal indemnification ( parte civil ) , his scope for
action is strictly limited in trials, because, under article 301 of the draft,
he may not oppose decisions and findings that do not relate to his claims for
compensation.
110. The same sources said that the conditions in which the draft was being
presented had been substantially modified by the Constitutional Court's
decision of 5 August 1997 on an application for a ruling of
unconstitutionality on various articles in the Military Criminal Code. The
decision lays down three rules for the application of military criminal
justice. The first is that the application of such justice is restrictive,
i.e. confined to offences committed by members of the forces of law and order
on active service which are related to that service. The act has to originate
in a legitimate activity of the service of the police or the armed forces.
Accordingly, if the agent's intention is criminal from the beginning, the case
falls within the jurisdiction of the ordinary judicial system. The second
rule is that certain offences do not and cannot constitute acts of service and
are not within the competence of the military courts, such as crimes against
humanity. In these circumstances the case has to be assigned to the ordinary
courts, given the total contradiction between the offence and the
constitutional functions of the forces of law and order. The third rule is
that evidence put forward in the trial has to establish full proof of the
relationship with the service. This means that in situations in which there
is a doubt as to which is the competent jurisdiction to hear a particular
case, the decision will have to be in favour of the ordinary courts, because
it will not have been possible to establish fully that the case is an
exception.
111. The rules laid down by the Constitutional Court are binding on the
country's other judicial authorities. Non-governmental sources, however,
E/CN.4/1998/68/Add. 1
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expressed concern regarding its application in this case. This is because,
since the decision was handed down, the Government has not taken the necessary
action for cases being dealt with by the military criminal justice system
which under that decision do not meet the conditions for being dealt with by
the military courts to be referred to the Office of the Attorney-General or to
the ordinary courts.
112. The Special Rapporteurs recommended the establishment of a mechanism
which could contribute to providing justice for the past.
113. The Government stated that it had played an active part in the friendly
settlement processes under way through the Inter-American Commission, also
mentioning some of the progress made in the cases of Trujillo, Uvos, Caloto
and Villatina.
114. Non-governmental sources recognized the importance of the mechanism of
commissions of inquiry. They stated, however, that with regard to the
clearing up of cases, punishment of the culprits and social redress for the
victims of violations involved in the cases covered by this mechanism,
progress was minimal. None of the judicial inquiries had reached a
conclusion.
115. The Special Rapporteurs recommended taking effective action as a
priority to disarm and dismantle paramilitary groups.
116. The Government said that the activities of groups dispensing private
justice had been condemned by the highest government authorities. The
Attorney-General had made it one of his priorities to put an end to impunity
for acts committed by these groups. The Human Rights Unit was at present
concerned with 29 investigations in this area and had issued arrest warrants
for members of those groups.
117. Non-governmental sources stated that since the beginning of 1997,
activity by paramilitary groups had spread over the whole country. In the
course of their activities they had committed serious violations, involving
executions, enforced disappearances and torture, with terrible cruelty and no
discrimination as to the condition of the victims. This had also led to the
displacement of entire populations. To this was added the fact that, as has
been characteristic of them ever since they emerged, they conduct their
activities in highly militarized areas and there are no reports of any clashes
with the forces of law and order. In some cases, joint action with the army
has even been reported.
118. According to these sources, the National Government's attitude to these
groups is permissive, in that it has not adopted policies to combat them.
There is also said to be a trend towards legitimizing such groups, with the
establishment and promotion of the so-called ‘Tonvivir” . These are
organizations of private citizens called upon to provide special services as
guards and private security agents, with official authorization to use weapons
whose use is confined to the forces of law and order. Although the rules are
not clear with regard to the delimitation of these organizations' activities,
they have been officially described as performing intelligence work in zones
of armed conflict, which helps the army to fight the guerrillas. This means
E/CN. 4/1998/68/Add.1
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that a strictly military function is being delegated to private citizens,
which is contrary to the Constitution, according to which such functions can
only be performed by the armed forces and the police. An application to have
the decree establishing them declared unconstitutional is at present under
consideration in the Constitutional Court.
119. In 1997 there has been vigorous activity by these groups in the
municipalities of Yond6, Dadeiba, Remedios and Santa Rosa de Osos, Antioquia
Department; Carmen de Bolivar, Rio Viejo and Tiquisio Nuevo, Bolivar
Department; Milan, Caquet Department; La Jagua de Ibirico, El Copey and
La Paz, C&sar Department; Riosucio, Choc6 Department; Abrego, Norte de
Santander Department and Mapirip n, Meta Department.
120. The Special Rapporteurs recommended the adoption of measures to protect
those at risk of ‘ social cleansing” killings, in particular street children.
121. The Government stated that the Social Solidarity Network of the
Presidency of the Republic was carrying out a special programme for promoting
the rights of street dwellers and protecting them in 12 cities. Work was at
present in progress in an inter-agency committee which was seeking to
strengthen the programme of care for minors and young people living in the
street.
122. Non-governmental sources reported that between October 1995 and
September 1996, 314 persons had been killed as a result of violence against
members of marginal groups. In nearly 40 per cent of the cases the culprits
were unknown. Of the remainder, paramilitary groups were the main culprits,
representing some 57 per cent of cases. In addition, they were held to be
responsible for 15 of the 24 collective executions of members of marginal
groups. Guerrilla forces were held responsible for 2.5 per cent of cases and
officers of the forces of law and order for 1.3 per cent. Sixty per cent of
these executions were carried out in the country's six leading cities
(Medellin, Barranquilla, Bogota, Cartagena, Cali and Ciacuta) .
Observations
123. The Special Rapporteur is grateful to the Government for the replies
transmitted concerning complaints of violations of the right to life and
regrets the fact that owing to the lack of human and material resources
available to him, he has not been able to give them adequate follow-up. The
Special Rapporteur remains deeply concerned by the massive number of
complaints he continues to receive and considers that this circumstance makes
it evident that despite the Government's intention to improve the situation
with regard to the right to life in Colombia, it is still alarming. He is
particularly concerned at the threats to and killings of human rights
defenders.
124. Owing to the high number of complaints and the limited resources
available to him, the Special Rapporteur considers that the situation cannot
continue to be examined solely under a thematic mandate, but warrants the
appointment of a special rapporteur on the country, who would work directly
with the Office of the High Commissioner in the field and would report to the
Commission on the human rights situation in Colombia.
E/CN.4/1998/68/Add. 1
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Comoros
Information received
125. According to information received by the Special Rapporteur,
Mr. Mohamed Saidali, alias ‘ Robin”, found guilty of armed robbery and
sentenced to death at Moroni on 20 September 1996, was executed on
29 May 1997. The previous year, the Rapporteur had sent an urgent appeal
requesting the authorities to ensure respect for the right to life of
Mr. Robin and three other persons under death sentence, Mr. Mohammed Sahali,
Mr. Machallah and Mr. Youssouf Hamadi (not identified at the time the urgent
appeal was sent) . According to information received, Mr. Robin is the second
Comorian to have been executed without being able to exercise his right to
apply to a court of appeal. No reply from the Government to the urgent appeal
sent in 1996 has been received by the Special Rapporteur to date.
Congo
Information received and communications sent
126. According to information received by the Special Rapporteur,
extrajudicial, summary or arbitrary executions have taken place on a large
scale in the course of conflicts between the supporters of
President Pascal Lissouba and those of President Denis Sassou Nguesso.
127. On 9 July 1997, the Special Rapporteur sent a letter to
Mr. Ralph Zacklin, Acting Deputy High Commissioner for Human Rights/Centre for
Human Rights, drawing his attention to the explosive situation prevailing in
Congo-Brazzaville since 5 June 1997. He had also received allegations of
indiscriminate bombing of popular neighbourhoods in Brazzaville and summary
executions of civilians and combatants.
Observations
128. The end of the civil war situation in the Congo should not mean impunity
for the many summary executions and humanitarian law violations which have
occurred there. The authorities should investigate allegations of violations
of the right to life, identifying the offenders and bringing them to trial,
and should offer compensation to victims' families. Lasting peace will only
be built on a foundation of truth, justice and solidarity.
Costa Rica
Information received and communications sent
129. The Special Rapporteur transmitted an urgent appeal on behalf of
Reina Zelaya and her three daughters, Honduran nationals granted asylum in
Costa Rica, having received information that they were still being subjected
to harassment and threats, allegedly by members of the Honduran security
forces. In September 1996, the Special Rapporteur had already transmitted an
urgent appeal requesting measures to protect their physical integrity and
right to life. The threats might be related to the fact that the father of
two of Reina Zalaya's daughters, Florencio Caballero, a former member of
E/CN. 4/1998/68/Add.1
page 40
Honduran Military Intelligence Battalion 3-16, had given evidence during
investigations into human rights violations in Honduras (10 January 1997) .
The Special Rapporteur transmitted the same urgent appeal to the Honduran
authorities.
Communications received
130. The Government of Costa Rica informed the Special Rapporteur that
Reina Zelaya and her daughters had entered Costa Rica on 28 February 1996. On
28 June 1996, they were granted refugee status. According to the report, on
9 September 1996, Reina Zelaya lodged a complaint before the Office of the
Ombudsman. JII investigation was initiated to establish the facts. Despite
various inquiries, it could not be proved that Honduran military agents were
operating in Costa Rica. The Government told the Special Rapporteur that
Reina Zelaya was not entitled to approach an international human rights body,
since domestic remedies had not been exhausted, and also since those allegedly
responsible for the harassment were not of Costa Rican origin (17 March 1997) .
131. The Special Rapporteur was subsequently informed that Reina Zelaya and
her daughters had been resettled in Sweden in February 1997 (28 October 1997) .
Observations
132. The Special Rapporteur wishes to thank the Government for its replies in
the case of Reina Zelaya. He would like to point out that States have an
obligation to protect the right to life of all persons on their territory and
under their jurisdiction. He would also like to remind the Government that
the purpose of transmitting an urgent appeal is to prevent irreparable loss of
the right to life. The Special Rapporteur therefore transmits urgent appeals
regardless of whether the remedies of domestic jurisdiction have been
exhausted or not.
Cuba
Information received and communications sent
133. The Special Rapporteur transmitted complaints to the Government
concerning the violation of the right to life of Armando Alejandre,
Carlos Costa, Mario de la Peffia and Pablo Morales, who were killed on
24 February 1996, when two civilian light aircraft they were flying were shot
down by two Cuban air force planes. It had been reported that when the light
aircraft, belonging to the organization Hermanos al Rescate, were brought
down, they were flying in international airspace.
Communications received
134. According to the Government of Cuba, the above cases do not fall within
the Special Rapporteur's sphere of competence and lie outside the mandate
given by the Commission on Human Rights. According to the Government, ‘ the
shooting down, as an act of legitimate defence, of two small pirate aircraft
bearing United States registration marks within Cuban airspace” does not
constitute extrajudicial, summary or arbitrary execution (29 August 1997) .
E/CN.4/1998/68/Add. 1
page 41
Observations
135. The Special Rapporteur expresses his thanks for the reply provided by
the Government of Cuba and its willingness to cooperate with the mandate. As
in previous years, the Special Rapporteur wishes to point out that the
communications sent to the Government do not lose their character of
complaints and that all complaints reaching his office are analysed in the
same spirit of impartiality. With regard to the Government's comment to the
effect that the Special Rapporteur is straying outside the mandate conferred
by the Commission, he wishes to remind the Government that the complaints
received are analysed and transmitted in accordance with his working methods,
which have been approved by the Commission on Human Rights on several
occasions. He considers furthermore that the complaints transmitted
concerning the shooting down of two civilian light aircraft in international
airspace are grave enough for the Government to reply to the Special
Rapporteur' s questions.
Democratic Republic of the Congo
Information received and communications sent
136. The Special Rapporteur has paid very close attention to recent events in
Zaire, which became the Democratic Republic of the Congo on 17 May 1997. As a
member of the joint mission requested by the Commission on Human Rights to
investigate allegations of massacres and other issues affecting human rights
in eastern Zaire since September 1996, the Special Rapporteur has received
many allegations concerning violations of the right to life in that country.
137. For a detailed analysis of the situation in the Democratic Republic of
the Congo, reference is made to the reports submitted by Mr. Roberto Garret6n,
Special Rapporteur on the situation of human rights in the Democratic Republic
of the Congo (A/52/496 and E/CN.4/1998/65), and to the report of the joint
mission charged with investigating allegations of massacres and other human
rights violations occurring in eastern Zaire since 1996 (A/51/942) .
138. The Special Rapporteur transmitted an urgent appeal to the Government on
behalf of Joseph Kanku Pinganay, allegedly sentenced to death on
28 January 1997 by a court martial sitting in Kisangani. He was reportedly
accused of spying for the Alliance of Democratic Liberation Forces (AFDL) and
allowed only 24 hours to appeal against his sentence (12 February 1997) .
139. Jointly with the Special Rapporteur on the situation of human rights in
Zaire, the Special Rapporteur transmitted an urgent appeal to the Government
concerning 30 to 40 civilians who were allegedly killed on 26 May 1997 at
Uvira, in Southern Kivu, by members of the AFDL. The victims were taking part
in a peaceful demonstration to protest against the assassination of
five persons, who had allegedly been abducted and executed by members of the
AFDL (11 June 1997) .
140. Jointly with the Special Rapporteur on the situation of human rights
in the Democratic Republic of the Congo, the Special Rapporteur sent a
communication to the United Nations High Commissioner for Refugees (HCR) .
He wished to draw his attention to information received to the effect that
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some 300 AFDL soldiers had been sent to the area of Shabunda, in Southern
Kivu, for the purpose of monitoring and protecting the repatriation of
refugees to Rwanda. In view of the fears expressed by the source, the Special
Rapporteur requested the HCR to provide its assessment of the situation and of
the measures required to ensure that the AFDL soldiers fulfilled their task of
providing protection with no other intention (25 July 1997) . On the same day,
the Special Rapporteur sent a letter to Mr. Ralph Zacklin, Officer-in-Charge,
High Commissioner/Centre for Human Rights, drawing his attention to these ADFL
troop movements in Southern Kivu and informing him by the same occasion of his
communication to HCR.
141. The Special Rapporteur transmitted an urgent appeal to the Government on
behalf of eight soldiers from the military camp of Badiadingi, east of
Kinshasa, who were allegedly sentenced to death on 27 September 1997 after
being convicted of mutiny by a military court. They had reportedly
demonstrated because their salaries had not been paid. According to the
information received, the eight soldiers concerned were not given the
opportunity to appeal against the conviction, even though they had applied to
President Laurent-D&sir& Kabila for mercy. That urgent appeal was sent
jointly with the Special Rapporteur on the situation of human rights in the
Democratic Republic of the Congo (29 October 1997) .
Communications received
142. The HCR transmitted a reply to the Special Rapporteur, confirming the
deployment of some 500 AFDL soldiers in the neighbourhood of Shabunda and the
fears expressed regarding the life and physical integrity of refugees present
in the area. The HCR informed the Special Rapporteur that the arrival of the
troops was reported to have spread fear among refugees in the Shabunda transit
camp, which the majority were said to have left to return to the forest. The
HCR also informed the Special Rapporteur that no allegation of harassment or
‘ ethnic cleansing” of refugees by soldiers had been received to date
(7 August 1997) .
143. Mr. Zacklin, Officer-in-Charge, High Commissioner/Centre for Human
Rights, acknowledged receipt of the letter transmitted by the Special
Rapporteur concerning the situation of refugees in the area of Shabinda. He
expressed concern regarding developments in the region and undertook to bear
the situation in mind in future contacts with the Government.
Observations
144. The Special Rapporteur is concerned at the persistent obstacles raised
by the Congolese authorities to the holding of full, independent and impartial
investigations into grave allegations of massacres or even genocide which have
been brought to his attention. There can be no just and lasting peace or real
security based on impunity and concealment of the truth. The entitlement of
victims and their families to justice and to reparation has to be recognized
if the cycle of violence which regularly shakes the Congo is to be broken.
E/CN.4/1998/68/Add. 1
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Ecuador
145. The Special Rapporteur transmitted complaints concerning violations of
the right to life of the following persons: Mariana Pozo, killed on
21 January 1996 in Atuntaqui, Imbabura, by a gunshot fired by a police
officer; Juan Jim&nez, Vicente Gargas and Carlos Obreg6n, detainees at the
prison of Litoral, Guayaquil, who were killed on 26 January 1997 when fired
upon by police as they tried to escape from the prison. The Special
Rapporteur was informed that the prisoners had been captured alive.
Eg ypt
Information received and communications sent
146. The Special Rapporteur continued to receive numerous reports on death
penalties imposed on civilians by military courts after proceedings which
reportedly fell short of international fair trial standards and, in
particular, of article 14 of the International Covenant on Civil and Political
Rights, ratified by Egypt. According to the information received, sentences
in criminal cases, including death sentences, are passed to the Mufti, the
highest religious authority, for approval, then submitted to the President for
ratification and subsequently reviewed by the Military Appeals Bureau, a
non-judicial body headed by the President. Furthermore, the impartiality and
independence of military tribunals continued to be questioned, as military
judges are serving military officers appointed by the Ministry of Defence for
a two-year term, renewable for additional terms of two years at the discretion
of the Minister. It was further reported that since October 1992, when the
President began issuing special decrees referring civilians to trials before
military courts, 81 persons charged with terrorist offences have been
sentenced to death and 54 executions have been carried out.
147. In addition, it was again brought to the Special Rapporteur's attention
that proceedings before criminal courts, which may lead to the imposition of
the death penalty, also do not conform to international fair trial standards,
as final verdicts can only be appealed against before the Court of Cassation
when it can be proved that there were procedural irregularities in the trial.
148. The Special Rapporteur transmitted an urgent appeal to the
Government on behalf of Mostafa Mohammad Mahmoud Eissa, Al-Numeiry Ramadhan
Sayyid Ahmad, UIIe1 UIId al-Ghani UIId al-Rahman, Mounir Mostafa Abd al-Hafiz
and Abd al-Hamid Abu Aqrab. It was reported that after they had been
sentenced to death on 2 December 1996 by the (Emergency) Supreme State
Security Court, a special court, in Cairo, their sentences were reportedly
approved by the Mufti and were then passed on to the President for
ratification. It was brought to the Special Rapporteur's attention that
during the trial defence lawyers had claimed that the defendants had been
tortured and had requested the court not to admit as evidence the statements
given during police interrogation. It was reported that the lawyers' request
had been disregarded by the court and that no investigations into the
allegations of torture were initiated. Moreover, it was reported that there
had been no right to appeal the verdict of the (Emergency) Supreme State
Security Court (13 January 1997) .
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Communications received
149. The Government provided the Special Rapporteur with a reply to the
urgent appeal sent on 13 January 1997 as well as to various cases transmitted
during 1995 and 1996. In response to the urgent appeal sent on behalf of
Mostafa Mohammad Mahmoud Eissa, Al-Numeiry Ramadhan Sayyid Ahmad, UIIe1 UIId
al-Ghani Abd al-Rahman, Mounir Mostafa UIId al-Hafiz and UIId al-Hamid Abu
Aqrab, the Government affirmed that theirs could not be considered arbitrary
executions, as a legal judgement had been handed down by a court which had
respected all the guarantees of a fair trial.
150. With regard to the case of Muhsin Muhammad Awwad Hassan, who allegedly
died in detention and was buried without his body having been inspected, the
Government stated that he had died after falling into a diabetic coma, and as
there was no reason to suspect a criminal act, the case was closed. In
response to the cases of Ahmad Amin Abdel Moneim Hussein, Ahmad Amin Abdel
Moneim Hussein, Al-Amir Muhammad Husni Umar, Mustafa Muhammad Muhammad
al-Iraqi and Muhammad Saad Ali Ahmad, who reportedly died in custody as a
result of torture, the Government informed the Special Rapporteur that they
had died of natural causes and that the Department of Public Prosecutions had
closed their cases since there were no reasons to suspect criminal acts
(13 March 1997) .
151. The Special Rapporteur was also informed that replies to other alleged
violations of the right to life would be transmitted to him immediately upon
receipt (24 March 1997) .
Observations
152. The Special Rapporteur continues to be concerned at deaths in custody
and the imposition of death penalties after trials before criminal and
military courts reported to fall short of the international fair trial
standards. The Special Rapporteur agrees with the Human Rights Committee that
the imposition of a death penalty on a person whose right to a fair trial has
been violated constitutes a violation of his right to life and of article 6 of
the International Covenant on Civil and Political Rights.
153. The Special Rapporteur also reiterates his concern that civilians
continue to be tried before military courts whose procedures fall short of
international fair trial standards, particularly since these courts cannot be
considered impartial and independent and the defendants have no right to
appeal sentences. The Special Rapporteur calls upon the Government of Egypt
to bring its laws into conformity with the International Covenant on Civil and
Political Rights.
El Salvador
Information received and communications sent
154. According to information received, paramilitary groups and/or
clandestine groups similar to those which were active in the 1980s and early
1990s, have appeared in recent years in El Salvador. These groups, which are
allegedly fomenting violence and social unrest in the country, are said to be
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acting with the acquiescence of the authorities, despite the fact that their
links with the latter may not be as clear as in the past. These groups are
said to include the Major Roberto d'Aubuisson Nationalist Force (FURODA),
which emerged in June 1996 and is said to have made threats against public
figures, journalists and religious leaders. Another group, called Sombra
Negra , is reported to have appeared in December 1994, with the avowed
objective of combating crime and acting as a social cleansing squad.
Although it is not known who the members of this group are, several sources
allege that they are former soldiers, who may be acting with the acquiescence
of the National Civil Police (PNC) .
155. Sombra Negra is said to be responsible for the deaths, between
December 1994 and April 1995, of 17 persons, all allegedly criminals. The
Special Rapporteur has also been informed of the existence of other
clandestine armed groups, including the Maximiliano Hern ndez Martinez
Organization against Crime, the People United against Crime Movement (PUCD)
and the Provisional Anti-Crime Executive Command (CEAT) .
156. The Special Rapporteur transmitted complaints to the Government
regarding the violation of the right to life of Jos& Fidel C6rdova, aged 16,
Jairo Jonathan Hern ndez Cornejo, aged 15, and Wilfredo Hern ndez Cornejo,
aged 18, whose bodies reportedly appeared in April 1996 in the village of
Agua Caliente, Platanillo, Quezaltepeque. According to the information
received, the perpetrators belong to a paramilitary group.
Communications received
157. The Government of El Salvador provided detailed information concerning
the cases transmitted by the Special Rapporteur in 1996 (16 January 1997) .
158. The Government reported that the cases of Oscar Nelson Diaz Hern ndez,
David Antonio Aparicio, Andr&s M&ndez Flores, Pedro Ernesto Herrador Carias,
Francisco Leondan Peffia and Oscar Anderson Cornejo were still being
investigated, but that the persons responsible for their deaths had not yet
been identified. With regard to the death of Juan Carlos Calder6n Quintanilla
it had not been possible to identify those responsible for his death and the
case had been shelved.
159. Also with regard to the deaths of Genaro Garcia Garcia,
Julio C&sar Fuentes, Francisco Bolaffios Torres, Juan Ram6n Fuentes, Guillermo
Mercedes Fuentes Moya, Santos Cornelio L6pez Sanchez, Boanerges Bladimir
Bernal Deral, Fernando Lemus and Eustaquio Fuentes Mendoza, the Government
reported that investigations were continuing and that officers of the National
Civil Police had been identified as the likely culprits. Investigations were
also continuing in the case of Daniel Alfonso Benitez Guzm n, in which
soldiers of the armed forces had been identified as the likely culprits.
160. In the case of H&ctor Rafael Paz de Paz, the person accused of his
death, an officer of the municipal police of Nueva San Salvador ( Cuerpo de
Agentes metropolitanos ) received a sentence of 20 years' imprisonment. He was
also sentenced to pay relatives of the deceased the sum of 10,000 colones. In
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the case of Victor Silverio Alvarenga, a sergeant in the National Civil Police
based in Aguilares had been charged and ordered to be placed in custody in
December 1995.
161. The Special Rapporteur was informed that the person accused of the death
of Jos& Israel Mejia, an officer of the National Civil Police of San Luis
La Herradura, had been tried and acquitted. It was also reported that, in the
case of Joel de Jesias Melgar, the person identified as responsible for his
death does not belong to any police force or to any other State agency.
162. The Government provided information regarding complaints related to the
deaths of Jos& Fidel C6rdova, aged 16, Jairo Jonathan Hern ndez Cornejo, aged
15, and Wilfredo Hern ndez Cornejo, transmitted to the Government in 1997.
Investigations had been completed by the Criminal Court of the Judicial
District of Quezaltepeque, but for the time being no person or group had been
identified specifically as being responsible for the deaths. It was stated
that, in view of the seriousness of the case, if those responsible could be
identified, they would be subject to criminal prosecution (25 September 1997
and 9 October 1997) .
Observations
163. The Special Rapporteur wishes to thank the Government of El Salvador for
its willingness to cooperate with his mandate by supplying detailed
information concerning the complaints transmitted. He urges the authorities
to continue conducting full, impartial investigations into the complaints of
violations of the right to life, in order to identify those responsible and
bring them to trial, while providing due compensation for the victims and
taking the necessary steps to ensure that such violations do not recur in
future.
Ethiopia
Information received and communications sent
164. It was brought to the Special Rapporteur's attention that extrajudicial,
summary or arbitrary executions, as well as other human rights violations,
occurred on a regular basis in secret detention centres, of which the
Government reportedly denies the existence.
165. In this context, the Special Rapporteur sent an urgent appeal together
with the Special Rapporteur on the question of torture on behalf of the
detainees alleged to be held in 23 secret detention centres in Deder district,
mainly on the suspicion of supporting the Oromo Liberation Front, as well as
on behalf of some 300 persons held at Harrar prison, most of them farmers,
after reports had been received expressing fear for their lives or physical
and mental integrity. The source of the information indicated that the
following persons had already been killed during their detention in Deder
district: Shekim Ahmed Dawid, Awel Mohamed, Hamza Mohamed, Ahmed Abdullahi,
Ahmed Adem, Dr. Mokonnen Baye, Aliyyi Mume, Mohamed Haji Ahmed, Jafar Ahmed,
Aliyyi Mussa, Hanna Hunde (female) , Gemechu Iticha, Dita Mume (female) ,
Abdurazak Ahmed Mume (8 November 1996) .
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166. The Special Rapporteur also sent allegations regarding the death in
custody of the following four persons:
(a) Shiferaw Mekonnen, who reportedly died on 19 December 1996 as a
consequence of injuries resulting from torture which he sustained in custody
in Dita Dara;
(b) Waqjira Fullaas Ayyansaa, who reportedly died on 3 October 1996 as
a result of torture while being detained in Ambo prison in western Showa;
(c) Haji Ibrahim Hussein, who reportedly died on 12 September 1996 in
detention in Robe, Bale, as a result of torture;
(d) Yadessa Lencha, who reportedly died in July 1997 as a result of
torture while being detained in Gimbi prison in western Wollega.
167. Moreover, the Special Rapporteur sent an allegation regarding the
violation of the right to life of Gurmessa Ale, who was reportedly killed on
1 September 1996 by armed men belonging to the Ethiopian People's
Revolutionary Democratic Front (EPRDF) in Kolli village, Anfilo district,
western Wollega. It was reported that those responsible were surrounded by
villagers who escorted them to Mugi town police station, where, according to
the information received, they were released immediately.
Communications received
168. In response to the Special Rapporteur's urgent appeal sent jointly with
the Special Rapporteur on the question of torture on 8 November 1996 on behalf
of detainees held in what were alleged to be 23 secret detention centres in
Deder district, the Government informed the Special Rapporteur that the
Regional Administration affirmed that there are no secret detention centres in
Deder district, the only places of detention being one prison, one police
station and one sub-police station in Kobo town. The Special Rapporteur was
also informed of the following: Gemechu Iticha was reported to have lived in
the Deder area until he answered the mobilization call made by the Oromo
Liberation Front and that no adverse action was taken against him by the
Government; a warrant of arrest was issued for Dita Mume, who is accused of
murder but still at large; Sheikh Ahmed Dawid was detained on charges of
murder; Ahmed Adem was a resident of Melka Belo Wereda and leading a normal
life; Hanna Hunde, who was a lieutenant, was killed at Legebaba in a conflict
with the Oromo Liberation Front after he had left the Government; Aliyi Mume
is alive in Kombocha Wereda; and Aliyi Mussa was arrested in connection with
the investigation of a murder (29 January 1997) .
169. In regard to the case of Bekelle Argaw, who was reportedly killed by
soldiers on 26 September 1994, the Government informed the Special Rapporteur
that he was killed by three unidentified gunmen and that the case was still
under investigation (18 November 1996) .
Follow-up
170. The Special Rapporteur sent a follow-up communication to the Government
requesting further clarification with regard to the case of Bekele Arega, in
particular whether perpetrators had been identified and investigations
finalized.
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Observations
171. The Special Rapporteur wishes to thank the Government for the replies
provided. He would, however, like to note his concern over the alleged deaths
in custody brought to his attention. 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.
France
Communications received
172. The Government has replied to allegations transmitted by the Special
Rapporteur in 1995 and 1996. In the case of Makom& M'Bowole, a 17-year-old
Zairian who died on 6 April 1993 while being interrogated at the Grandes
Carri res police station in the eighteenth arrondissenient of Paris, the
Government reported that the Paris Court of Assize had sentenced
Pascal Bompain, police inspector, on 15 February 1996 to eight years'
imprisonment for inflicting fatal injuries with use or threatened use of a
weapon on the person of Makom& M'Bowole. Relatives had received compensation
of 165,000 francs (4 February 1997) .
173. With regard to the death of Reza Mazlouman, Iranian opposition
publisher, allegedly killed in his apartment in the Paris region on
28 May 1996, the Government informed the Special Rapporteur that an
information had been laid before the court against an unknown person for
assassination related to a terrorist organization. The inquiry had been
placed in the hands of Mr. Jean-Louis Brugui re, first Vice-President in
charge of investigation at the Paris Court of Major Jurisdiction
(14 November 1996) .
174. The Government has informed the Special Rapporteur that the cases of
Romuald Duriez and Mourad Tchier are under investigation. It said the case of
Mr. Moret was under investigation with a view to establishing that the action
of the gendarmerie had been in compliance with the legal provisions regarding
the use of weapons. The French authorities on that occasion rejected the
allegation of an extrajudicial, summary or arbitrary execution
(6 December 1996) .
Follow-up
175. The Special Rapporteur thanked the French Government for its replies and
requested further clarifications regarding the death of Mr. Mazlouman,
including the results of the investigation, the identification, if any, of
those responsible and whether they had been brought to trial. The Special
Rapporteur also asked on what grounds the French Government had asserted that
in the case of Frank Moret, killed on 25 July 1993 when a gendarmerie officer
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fired on his car, the action of the gendarmerie had been in compliance with
the legal provisions regarding the use of weapons. He therefore requested
information from the Government concerning the progress made with the
investigation and any disciplinary or penal sanctions applied.
176. With regard to Romuald Duriez and Mourad Tchier, the Special Rapporteur
asked for the results of the investigation and whether any disciplinary
measures had been taken against the police officers concerned. He also asked
whether the parties had received compensation.
Observations
177. The Special Rapporteur wishes to thank the French Government for the
information supplied. He welcomes the sentence passed on the person
responsible for the death of Makom& M'Bowole and the compensation awarded to
his family. He hopes that the facts surrounding the deaths of Frank Moret,
Romuald Duriez, Mourad Tchier and Dr. Reza Mazlouman will be brought to light.
Gambia
Information received and communications sent
178. The Special Rapporteur transmitted an urgent appeal to the Government on
behalf of Souleyman Sarr, Mballo Kanteh, Essa Baldeh and Omar Dampha,
reportedly sentenced to death on 17 July 1997 by the High Court of Gambia
for trying to overthrow the Government, after fears had been expressed that
they might be executed before the last day for submission of appeals
(17 July 1997) .
179. The Special Rapporteur also transmitted the alleged violation of the
right to life of Yaya Drammeh, who reportedly died in custody on 25 May 1997
as a result of torture. The Special Rapporteur was informed that he was
arrested following an attack by an armed group on the Farafenni military camp,
in which six soldiers had died. It was also brought to the Special
Rapporteur's attention that government officials had stated that Yaya Drammeh
died from septicaemia during a treatment in hospital.
Communications received
180. The Government provided a reply to the case of Yaya Drammeh in which it
confirmed that he had died of natural causes, that is of septicaemia
complicating a membranous colitis and severe gastro-intestinal haemorrhage.
The Government attached, inter alia , the autopsy report and the death
certificate (10 October 1997) .
Observations
181. The Special Rapporteur notes with regret the imposition of the first
sentences of death following its abolition in 1993 and its reinstatement
in 1995.
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Georgia
Information received and communications sent
182. In relation to the application of the death penalty, it was brought to
the Special Rapporteur's attention that in several cases, including the cases
of Irakli Dokvadze, Petre Gelbakhiani and Badri Zarandia, death sentences were
passed by the Supreme Court of Georgia acting as a court of first instance
with the official verdict said to record that the sentence was final and not
subject to appeal.
183. In addition, information was received indicating an alarming number of
deaths in detention. According to the reports, during 1995 alone, 122
prisoners had died. It was reportedly said officially that tuberculosis had
been one of the main causes of death. Inadequate food, unsanitary conditions
and lack of medicines were reported to have aggravated the spread of parasitic
infections and disease.
184. The Special Rapporteur transmitted an allegation he had received
regarding the violation of the right to life of David Amashukeli, who was
reportedly beaten to death on 15 December 1996 by members of the police after
they had stopped him and his companion, Viktor Morozov, while driving in
Tbilisi and required them to be tested for drug abuse. It had equally been
reported that three members of the police were arrested in connection with
this incident.
Observations
185. The Special Rapporteur expresses his concern at the number of
allegations of deaths in custody and calls upon the Government to safeguard
the right to life of detainees and to bring conditions of detention into
conformity with the Standard Minimum Rules for the Treatment of Prisoners.
Germany
Communications received
186. The Special Rapporteur was informed by the Government that the case of
Kola Bankole, 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, is still subjudice (8 November 1996) .
Follow-up
187. The Special Rapporteur sent a follow-up communication to the Government
of Germany requesting further clarification with regard to the case of
Kola Bankole. The Special Rapporteur expressed in particular his interest in
the results of the intermediary proceedings against the emergency doctor
treating Kola Bankole, as well as of the main proceedings if applicable. The
Special Rapporteur also requested to be informed of the reasons for the
rejection of the complaint filed by Mr. Babatonde Bankole on 19 November 1995
against the discontinuing of investigation proceedings concerning officers of
the Federal Border Guard.
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Guatemala
Information received and communications sent
188. The Special Rapporteur transmitted eight urgent appeals to the
Government of Guatemala calling for measures to protect the right to life and
physical integrity of the following persons, who had all received death
threats from members of the security forces and/or persons connected with
those forces, unless specified otherwise:
(a) Members of the community of El Sauce, after the death of one of
them caused by security guards acting with the acquiescence of local
authorities (5 February 1997) ;
(b) Gustavo Adolfo Albizures Estrada, Clara Arenas, Helen Mack and
other members of the Institute for the Advancement of the Social Sciences in
Guatemala (AVANCSO), following death threats (10 March 1997);
(c) Silverio P&rez de Le6n, mayor of Santa Cruz del Quich& and member
of the political party New Guatemala Democratic Front (FDNG), following death
threats contained in a letter signed by the Jaguar Justiciero death squad,
accusing him of supplying food to demobilized members of the Guatemalan
National Revolutionary Unit (tJRNG) (6 May 1997) ;
(d) Maria Francisca Ventura Sican and her family, following harassment
and intimidation. According to information received, these acts of
intimidation are related to the testimony she gave to a delegation of the
non-governmental organization Amnesty International, which was visiting
Guatemala (12 May 1997) ;
(e) Alberto Godinez, member of IJRNG and local leader of the Peasants'
Unity Committee (CUC) , after being attacked and beaten by six former members
of the now dissolved Volunteer Civil Defence Committees (22 May 1997) ;
(f) Armando Mejia and other employees of Industria Harinera S.A.,
after being intimidated by security guards on behalf of the owners for the
purpose of securing their cooperation in restructuring the factory. The
Special Rapporteur was informed that the owners' security guards were at the
same time employed by the Public Procurator's Office (29 May 1997);
(g) Felipa Aju, Senyada Cana Chanay and Emeterio G6mez, activists in
the Mutual Support Group for Getting Our Relatives Back Alive (GAM) , after
receiving death threats from members of a civil self-defence group. It was
reported that these threats were related to their work of documenting cases of
violations of human rights while at the Commission for Historical
Clarification, established within the framework of the peace agreements in
Guatemala (14 August 1997) .
189. The Special Rapporteur also transmitted an urgent appeal on behalf of
former policemen Miguel Angel Revolorio Rodriguez, Miguel Angel L6pez Cab and
Anibal Archila P&rez, sentenced to death for the assassination of Luis Pedro
Choc Reyna, in February 1995. According to a report, irregularities had
occurred in the trial. The identification of the accused had taken place
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without the presence of counsel and without judicial supervision. It was also
reported that they had not been informed of their rights and that they had
been arrested without a warrant (25 July 1997) .
190. The Special Rapporteur also transmitted complaints concerning violations
of the right to life of the following persons:
(a) Killed by army personnel: Tom s Alonzo Sequ&n and Jacinto Alonzo
Quisque, leaders of the Union of the Mayan People of Guatemala, killed on
21 March 1997 in the community of San Rafael Sumatan, San Pedro Yepocapa,
Chimaltenango;
(b) Killed by mobs: the evangelical pastor Erwin de Le6n Soto, killed
on 13 November 1996 with three other persons. It is reported that the police
of Momostenango, Totonicapan Department, had mistaken them for town bus
robbers. According to information received, the four individuals were lynched
and burnt by furious mobs;
(c) Minors: Ronald Raili Ramos, aged 16, killed on 20 September 1996
by a guard in Tecun Uman, San Marcos Department;
(d) Peasants: Jos& Elias Salazar Lorenzo, and Manuel Cho Caal, killed
by shots fired by the mayor of Poptun, Pet&n, when trying to clear his office
of a group of peasants who had gone to the town hall to seek information
concerning a donation made by the National Peace Foundation (FONAPAZ) for the
construction of a road and a school.
191. He also transmitted to the Government a complaint concerning the death
of Francisca P&rez Esteban, whose body was allegedly found on 12 April 1997 at
her home in the community of Blanca de Ocos, San Marcos. It was reported that
those responsible for her death were landowners acting with the acquiescence
of the local military authorities.
Communications received
192. The Government of Guatemala supplied information concerning the death of
Miguel Us Mejia and Lucia Tui Tum. It reported that the local magistrate's
court had initiated proceedings, transferring the case to the District Office
of the Public Procurator for the corresponding investigation. After
investigation, being unable to bring charges against the suspects, who do not
belong to any State security force, the Public Procurator applied to the
Second Court of First Instance for Criminal Offences to dismiss the
proceedings. The court closed the case (6 November 1996).
193. With regard to the death of Jaime Ernesto Centeno L6pez, it was reported
that the proceedings were at the investigation stage. Two individuals have
been detained, who are not part of any State security force or body and who
belong to a gang operating in the area. The suspects are accused of murder
and aggravated robbery, and one of them of improper use of uniforms and
badges. Five police officers are also said to be charged with the offences of
receiving bribes and concealment, since they had reportedly tried to cover up
the offence (11 November 1996) .
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194. With regard to the death of Pedro Chuc Ruiz, it was reported that
pre-trial proceedings were under way and the case was under investigation.
According to reports, Pedro Chuc Ruiz was killed by attackers demanding
40,000 quetzales from the family. There are no indications that those
responsible for his death were employees of the State (11 November 1996) .
195. Further details were also given concerning proceedings in the Xam n
case: on 6 June 1996, the Supreme Court decided to suspend the functions of
the Second Court of First Instance for Criminal Offences of Cob n,
Alta Verapaz, which was dealing with the case. On 14 October 1996, the
magistrates of the Twelfth Chamber of the Court of Appeal issued a ruling
annulling the substitute measures granted to seven members of the military,
ordering them to return to prison (11 November 1996) .
196. With regard to the urgent appeal sent by the Special Rapporteur on
behalf of Gustavo Adolfo Albizures Estrada, Clara Arenas, Helen Mack and other
members of the Institute for the Advancement of the Social Sciences (AVANCSO) ,
the Government reported that investigations had started into the case and that
the persons concerned had been granted appropriate security measures
(10 April 1997) .
197. With regard to the urgent appeal sent on behalf of Alberto Godinez, the
Special Rapporteur was informed that the National Police had investigated the
incident and that three individuals had been charged and would be brought to
trial (16 June 1997) .
Observations
198. The Special Rapporteur wishes to thank the Government of Guatemala for
its replies. It would urge the Government to conduct full, impartial
investigations into complaints of human rights violations, to identify those
responsible and bring them to justice, and to provide due compensation for the
victims.
Honduras
Information received and communications sent
199. The Special Rapporteur transmitted three urgent appeals on behalf of the
following persons:
(a) Reina Zelaya and her three daughters, Honduran nationals granted
asylum in Costa Rica, having received information that they continued to be
subject to harassment and threats, allegedly by members of the Honduran
security forces. The threats might be related to the fact that the father of
two of Reina Zelaya's daughters, Florencio Caballero, a former member of
Honduran Military Intelligence Batallion 3-16, had given evidence during
investigations into human rights violations in Honduras (10 January 1997) .
The Special Rapporteur transmitted the same urgent appeal to the Costa Rican
authorities;
(b) Berta Oliva de Nativi, member of the Committee of Relatives of
Disappeared Detainees in Honduras (COFADEH) , and Liduvina Hern ndez, President
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of COFADEH, after they had received death threats. The person responsible for
one of the calls said he was acting on behalf of a member of the Honduran
armed forces (14 April 1997);
(c) Amadeo P&rez, Jos& Romero and Wisla P&rez and other members of the
Tolupan indigenous group, after the killing of Ad n Romero and Pedro Ramos by
landowners, said to be acting with the acquiescence of the local authorities
and the army (27 August 1997) .
Communications received
200. The Government informed the Special Rapporteur that in the case of
threats against Reina Zelaya and her daughters, the Ministry of Foreign
Affairs had initiated proceedings before the appropriate judicial authorities
for these to begin hearing statements (22 January 1997) . The complaints
concerning threats against Berta Oliva de Nativi and Liduvina Hern ndez had
also been reported to the judicial authorities with a view to safeguarding
their physical integrity (17 April 1997) .
201. With regard to the deaths of Ad n Romero and Pedro Ramos, the report
enclosed a note by the Department for Ethnic Affairs and the Cultural
Heritage, stating that the event had been due to a conflict between two
indigenous families over personal problems and ownership of land.
Nevertheless, the Criminal Investigation Department, the Department of Ethnic
Affairs and the competent courts were continuing with their investigations to
shed light on the facts and to bring those responsible to court.
(8 September 1997) .
India
Information received and communications sent
202. The Special Rapporteur received numerous reports concerning violations
of the right to life in India, including deliberate killings, deaths in
custody and deaths as a result of excessive use of force.
203. In this context, the Special Rapporteur's attention was particularly
drawn to reports indicating the existence of a pattern of killings in the
State of Manipur. Civilians, including women and children, as well as
suspected members of armed opposition groups are reportedly killed by members
of the armed forces, many of them allegedly deliberately and arbitrarily. The
Armed Forces (Special Powers) Act of 1958 reportedly gives them widespread
powers to shoot to kill and protects them from prosecution for any acts
carried out under its provisions. The situation is further aggravated by the
restrictions placed on access to the region by the Government. The result of
this policy is a climate in which security forces are able to use excessive
force with impunity.
204. Regarding custodial deaths, it was brought to the Special Rapporteur's
attention that the National Human Rights Commission stated
on 16 September 1996 that 444 deaths in custody were reported throughout
India between April 1995 and March 1996, almost triple the number of custodial
deaths reported over the same period in 1994/95. The National Human Rights
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Commission reportedly attributed this increase to “a greater honesty in
reporting incidents”. It was also reported that the National Human Rights
Commission frequently recommended payment of compensation to the victims'
families in cases of State abuse, but that such recommendations are not
binding.
205. During the period under review the Special Rapporteur sent urgent
appeals on behalf of:
(a) Three human rights defenders, after fears for their lives had been
expressed: T. Puroshotham, a lawyer and joint secretary of the Andhra Pradesh
Civil Liberties Committee, after he had been attacked in front of a police
station and seriously injured, reportedly by members of the ‘ Green Tigers”, a
group allegedly set up by the Andhra Pradesh government in concert with the
police to counter the activities of human rights defenders who have exposed
human rights violations (13 June 1997) . This urgent appeal was sent together
with the Special Rapporteur on the independence of judges and lawyers;
Ghulam Muhammad Bhat, philanthropist and human rights activist, first abducted
in May 1997 by Indian para-military troops and subsequently released due to
the intercession of the Secretary-General of the United Nations and pressure
exerted by international human rights organizations, and then again abducted
on 28 July 1997 by soldiers of the Indian army (5 August 1997) ; Firdous Asime,
Director of the Institute of Kashmir Studies, who attended the forty-ninth
session of the Sub-Commission on Prevention of Discrimination and Protection
of Minorities in Geneva in 1997. Fears for his life had been expressed since
his colleague, Jalil Andrabi, who attended the Sub-Commission in 1995, had
reportedly been killed in custody in 1996 and since Ghulam Muhammad Bhat, who
also attended the Sub-Commission in 1995, was detained (22 August 1997);
(b) Amarjit Singh Sohal, Rattan Singh and Sarpanch Raghvir Singh,
three witnesses in the case of Sarwan Singh, reportedly threatened by members
of the police after they had filed affidavits indicating that Sarwan Singh had
been tortured in custody (13 January 1997);
(c) Civilians and those suspected to be members of armed opposition
groups, in particular in Agartala and Khowai subdivisions of the State of
Tripura, after the government of Tripura reportedly issued a statement
on 16 February 1997, in the aftermath of killings committed by members of the
All Tripura Tiger Force, empowering the armed forces, including the Central
Reserve Police Force and the Border Security Force, ‘ to fire upon or otherwise
use force even to the causing of death, after due warning of any person acting
in contravention of the law or any order in force prohibiting the assembly of
five or more persons or carrying of weapons” . Fears had been expressed that
the official sanction to shoot to kill would lead to excessive use of force by
security forces (19 February 1997) ;
(d) Gantela Vijaya Vardhana Rao and Satuluri Chalapathi Rao, allegedly
not represented by a lawyer during pre-trial proceedings and reportedly
scheduled to be executed on 18 December 1996 (17 December 1996) .
206. The Special Rapporteur also transmitted to the Government the following
allegations:
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(a) Regarding deaths in custody: Mushtaq Ahmad Lone, who reportedly
died in custody on 28 December 1996 after his arrest earlier that day in
Soura, Srinagar, by members of the security forces; Piara Singh, who was
reported to have died in police custody on 1 August 1995 following his arrest
the previous day by members of Sangrur and Mahil Kalan police station to be
questioned in connection with a murder investigation; Neikhokim Haokip,
Suonkholal Haokip, Ngamminlein Haokip, Satlal, Haokhthang Singson,
Sephu Kipgen, Lalpi Kipgen, Minthang Kipgen and Tongmithang Kipgen,
reportedly arrested and subsequently killed by members of the Rashtriya Rifles
of the Indian Army;
(b) Regarding violations of the right to life as a result of excessive
use of force: Shabbir Siddiqui and 22 unidentified members of the Jammu and
Kashmir Liberation Front (JKLF) , including two minors, reportedly killed
on 30 March 1996 by members of the Special Operations Group of the police
supported by members of the Border Security Force and the Central Reserve
Police Force in a raid on the JKLF's office in Srinagar; Thokchom Netaji,
aged 15, reportedly killed on 28 December 1996 by two members of the Rapid
Action Police Force of Manipur while they were pursuing two other persons;
Oinam Ongbi Amina Devi, female, reportedly killed on 3 May 1996 when members
of the security forces, allegedly without any warning, opened fire on her
house in Naorem Mayai Leikai, Bishnupur district, Manipur, after a person they
had been pursuing fled towards it; Thokchom Imocha Singh, Ningombam Babuni
Singh and Sapam Ibocha Singh, reportedly killed on 19 February 1995 in
Bashikhong, Manipur, by members of the Central Reserve Police Force who
started firing indiscriminately; Aheibam Raghumani, reportedly killed
on 14 August 1995 in Eroisemba, Imphal district, Manipur, by members of the
Manipur Rifles, allegedly because he did not stop when ordered to halt;
(c) Regarding deliberate killings by security forces of the State:
Saikhom Premchand Singh, Angom Devendro Singh, Toijiam Radhebai alias Rajendra
Singh, Wangkhem Open Singh, Hijan Khogen Singh alias Boy, Rajkumar Khogen
Singh, Zakir Hussein, Momi Riba and Laimayum Pradeep Kumar Sharma, reportedly
shot and killed on 7 January 1995 in Manipur by members of the security forces
after the latter had been fired at by four youths who subsequently escaped;
Irom Ongbi Roma Devi, reportedly shot dead on 19 September 1995 by members of
the Central Reserve Police Force in Pungdongbam Makha Leikai, Imphal district,
Manipur; Sapam Naotum, reportedly killed on 11 November 1995 by members of the
Rapid Action Police Force of the Manipur police when he was travelling on the
Uripok-Kanchup road; S. Paisho and Kumar Nepali alias Parshuram Karki,
reportedly deliberately shot dead on 11 March 1996 by members of the Assam
Rifles stationed at Pol Camp after they had come to reinforce an army post at
Huishu, Ukhrul district, Manipur; Ghulam Rasool Sheikh, a human rights
defender and editor, whose body was reportedly found near Pampore after he had
allegedly been abducted on 20 March 1996 by so-called renegades accompanied by
members of the armed forces; Kehtrumayum Ongbi Prabhahmi Devi, reportedly
killed on 3 May 1996 during a raid by the Assam Rifles on a complex of houses
in Kwakeithel Haorakchambi Soibam Leikai, Imphal district, Manipur, after the
latter had allegedly received information that several members of an armed
opposition group were taking shelter there; four unidentified persons
allegedly killed by members of the armed forces on the outskirts of Srinagar
on 24 May 1996; Khutinlei Kom, reportedly killed on 28 August 1996 by members
of the Central Reserve Police Force which was allegedly conducting a search
E/CN.4/1998/68/Add. 1
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operation in Sagang village, Churachandpur district, Manipur, following an
attack on a CPRF post by an armed opposition group; Mohamad Soleiman,
reportedly severely beaten and then shot dead by members of the security
forces on 30 August 1996 in Kwakta, Bishnupur district, Manipur; Mayanglambam
Ibotombi and Thondam Muhindro, two forest officers reportedly shot dead
on 26 December 1996 at Keirak Thoubal district, Manipur, by members of a
combined team of state police and Indian reserve battalion forces under the
command of the Manipur police. The victims had reportedly been mistaken for
members of an armed opposition group; Jagsir Singh, reportedly beaten to death
on 28 May 1997 in the streets of Bilaspur, Faridkot, by four police officers
under the direction of Nihal Singhwal police station.
Communications received
207. The Government acknowledged receipt of the urgent appeal sent on behalf
of Amarjit Singh Sohal, Rattan Singh and Sarpanch Raghvir Singh
(17 January 1997) .
208. The Government also provided a response to the urgent appeal sent by the
Special Rapporteur together with the Special Rapporteur on the independence of
judges and lawyers on behalf of T. Purushottam, a lawyer based in Andhra
Pradesh. In its reply, the Government indicated that T. Purushottam was
attacked by unknown individuals, that the case is being investigated and that
the Government of India is committed to ensuring that lawyers are able to
perform all their professional functions without harassment and to
safeguarding adequately the security of lawyers (9 October 1997) .
209. Furthermore, the Special Rapporteur received information in response to
his urgent appeal sent on 19 February 1997 on behalf of civilians and those
suspected to be members of armed opposition groups, in particular in Agartala
and Khowai subdivisions of the State of Tripura. He was informed that the
large-scale killing of civilians and burning down of their huts since
November/December 1996 by militant groups such as the All Tripura Tiger Force
and the National Liberation Front of Tripura, created a situation which
requires the Government to declare the worst affected areas as ‘ disturbed
areas” under the provisions of the Disturbed Areas Act and the Armed Forces
(Special Powers) Act so as to restore faith in democratic order and the rule
of law and to prevent further loss of life. The Government explained that
these measures cannot be interpreted as ‘ shoot to kill” orders and that
sufficient checks and balances are present in the legislation to ensure that
there is no abuse of authority. The Government also indicated that officers
remain bound by all instructions and guidelines issued by the Government
regarding the use of force and that special powers can be exercised only in
specific circumstances enumerated in the Armed Forces (Special Powers) Act
(28 October 1997) .
Follow-up
210. In his follow-up communication, the Special Rapporteur requested further
clarification with regard to a report he had received which indicated that it
had been reported that 444 persons had died in custody throughout India
between April 1995 and March 1996. In particular, he asked how many of the
deaths in custody had been investigated, how many had led to criminal
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proceedings against State officials, the results of such proceedings, as well
as whether compensation had been paid. He also requested to be informed
whether the number of deaths in custody had led to any review of the conduct
of law enforcement officials so as to further strengthen respect for the
provisions of the Code of Conduct for Law Enforcement Officials.
Observations
211. The Special Rapporteur is concerned at the considerable number of
allegations received regarding deliberate killings and deaths due to excessive
use of force, especially in the State of Manipur, as well as deaths in
custody. The Special Rapporteur calls upon the Government to investigate
allegations regarding violations of the right to life, to bring perpetrators
to justice and to compensate the families of the victims. He also urges the
Government to ensure that force used by the security forces is, at all times,
in accordance with the Basic Principles on the Use of Force and Firearms by
Law Enforcement Officials.
212. The Special Rapporteur is constrained to conclude that no substantial
progress has been made since 1993 with regard to a proposed visit to India.
The Special Rapporteur considers an in situ visit to be of great importance in
view of persistent allegations of deaths in custody, excessive use of force,
impunity and failure to take preventive measures.
Indonesia and East Timor
Information received and communications sent
213. The Special Rapporteur received reports indicating that violations of
the right to life continued to occur in East Timor as a result of excessive
use of force by police and security forces. For an in-depth analysis of the
human rights situation in East Timor, reference is made to the report of the
Secretary-General on the situation of human rights in East Timor to the
Commission on Human Rights at its fifty-fourth session (E/CN.4/1998/58) .
214. The Special Rapporteur transmitted allegations regarding violations of
the right to life of the following persons:
(a) Reportedly killed by members of the armed forces: Maumesak,
aged 17, Filomeno Ailos, Antonio Malea and Norberto, on 29 October 1996 in
Ailete; Manuel Atimeta, on 9 November 1996 between Waihulae and Waguia,
Ossu; Monica Guterres, on 9 January 1996 between Liaruca and Ossu;
Tomas Sarmento, on 25 September 1996 in Barolau, Manufahi, Same; Fernando Bom,
on 30 September 1996 in Soibada; Zeferino Mascarenhas and Marcel Nunes,
on 3 October 1996 at Mota Merao, Liaruca; Rui de Jesus, JIIiceto and Miguel,
on 7 December 1996 in Lepo Bobonaro, Suai; Januario Quintao and Francisco,
on 16 June 1997 in Dili; Fernando Lopez, on 8 February 1997 in
Beto Barat-Comoro, Dili;
(b) Reportedly killed by members of the police: Andre de Sousa,
on 28 April 1996 in Comoro, Dili; Marcos Soares, on 11 June 1996 in Venilale;
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(c) Reportedly killed by members of the special armed forces:
Jacinto de Sousa Pandal and Luis Xemenes Belo, on 18 September 1996 in the
area of Akadira Loibere; David Alex, on 25 June 1997 in Bacau;
(d) Mariano Mendonca, reportedly killed on 4 November 1996 in
Berelico, Faturaca, Remexio by a member of the Indonesian Intelligence
Service.
215. Furthermore, the Special Rapporteur transmitted to the Government the
alleged violation of the right to life of Manuel Soares which occurred in
Tanah Abang, Central Jakarta. Manuel Soares, who had reportedly been
recruited by the Tiara Foundation - an organization allegedly linked to the
military which was reported to recruit hundreds of young East Timorese - was
reportedly shot and killed by police.
Communications received
216. The Government provided the Special Rapporteur with a reply to many of
the allegations transmitted during 1997, informing the Special Rapporteur
that:
(a) The following persons were killed by members of a group or groups
seeking to disturb the security and peace in East Timor: Jacinto de Sousa
Pandal, Luis Xemenes Belo, Maumesak, Filomeno Ailos, Antonio Malea, Norberto,
Manuel Atimeta, Monica Guterres, Zeferino Mascarenhas, Marcel Nunes, Rui de
Jesus, Aniceto and Miguel;
(b) The following names either belong to no one or else cannot be
found in the areas mentioned: Marcos Soares, Tomas Sarmento, Fernando Bom and
Mariano Mendonca.
217. With regard to the case of JIIdre de Sousa, the Government indicated that
he was wrongly killed by a member of the Mobile Police Brigade, and that the
latter was tried and found guilty of murder.
218. Regarding the case of Manuel Soares, the Special Rapporteur was informed
that he was a notorious gang leader who was killed on 7 June 1996 in
Tanah Abang in a rift with another gang (September 1997) .
Observations
219. The Special Rapporteur thanks the Government of Indonesia for the reply
provided. With regard to the request of the Government to submit its reply in
its entirety to the Commission on Human Rights, the Special Rapporteur should
like to note that due to the severe limitations which continued to be placed
on the length of his report to the Commission on Human Rights, requests of
this nature cannot be acceded to.
220. The Special Rapporteur also wishes to express his concern over the
number of killings occurring in East Timor. He notes with deep regret that,
despite repeated requests, the Government did not provide him with a reaction
to the recommendations made upon his visit to Indonesia and East Timor in 1994
(see E/CN.4/1995/61/Add.1, paras. 77-88).
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Iran (Islamic Republic of)
Information received and communications sent
221. The Special Rapporteur was informed that between January and
September 1997, 137 persons had been executed in Iran, a pace which, if
continued until the end of the year, would allegedly again lead to a doubling
of the number of executions as compared with the previous year. At the same
time, the Special Rapporteur continued to receive reports regarding the
imposition of the death penalty on minors as well as for crimes which cannot
be considered to be ‘ most serious”. Furthermore, the Special Rapporteur
continued to receive distressing reports concerning and the lack of procedural
safeguards in trials before Islamic Revolutionary Courts leading to the
imposition of the death penalty.
222. 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 (A/52/472 and
E/CN.4/1998/ 59) .
223. During the period under review, the Special Rapporteur transmitted
urgent appeals on behalf of the following persons:
(a) Dhabihullah Mahrami and Musa Talibi, reportedly sentenced to death
for apostasy. According to the information received, they were both sentenced
to death because of their religious beliefs, in particular because of their
adherence to the Baha'i faith, a minority not recognized in Iran
(3 February 1997) ;
(b) Somayeh Shabazinia and Shahrokh Vosugh, reportedly both aged 16
and sentenced to death for murder (3 March 1997) ;
(c) Mohammad Assadi, reportedly sentenced to death and confiscation of
property at the beginning of March 1997 on charges of, inter alia , an alleged
trip to Israel in 1979, membership of the Freemasons and purchases of American
agricultural material more than 17 years ago. It was brought to the Special
Rapporteur's attention that his trial was unfair, in particular, that the
court appointed a lawyer for him after his choice of a lawyer was rejected by
the court (4 April 1997) . The Special Rapporteur appealed once again to the
Government on his behalf after his death sentence had been confirmed by the
Supreme Court of Iran (9 June 1997) ;
(d) Faraj Sarkouhi, writer and editor-in-chief of the monthly Adineh
and signatory to the 1994 declaration of 134 writers, an appeal for an end to
censorship in Iran. According to the information received, Faraj Sarkouhi
was arrested on 27 January 1997 after being held incommunicado for several
weeks in November 1996. He was reported to have been tried in a closed trial
on a variety of charges, allegedly including espionage, which reportedly
carries a mandatory death sentence. It was further alleged that he was not
permitted to appoint a lawyer. In addition, according to some sources, a
death sentence has already been pronounced. This urgent appeal was
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transmitted together with the Special Rapporteurs on the situation of human
rights in the Islamic Republic of Iran, on the right to freedom of opinion and
expression, and on the independence of judges and lawyers (2 July 1997);
(e) Hossein Dowlatkhah, who was reportedly charged with swindling,
corruption and embezzlement, reportedly sentenced to death on 18 June 1997
(14 July 1997) .
224. In addition, the Special Rapporteur transmitted allegations of
violations of the right to life of the following persons:
(a) Mohammad Bagher Yusefi, a Christian pastor of the Assemblies of
God Churches in Mazandaran, reportedly found dead in a forest near Sari,
Mazandaran, on 28 September 1996. According to the information received, he
was killed by Iranian State agents because he converted from Islam to
Christianity;
(b) Ebrahim Zalzadeh, journalist, editor of the monthly magazine
Me'yar and manager of the Ebtekar publishing house, reportedly killed by
officials of the Ministry of Information. According to the information
received, he had disappeared on 23 February 1997 and on 27 March his family
was reportedly contacted to collect his body at the Tehran morgue. It was
further brought to the Special Rapporteur's attention that Me'yar magazine
had been forced to close after it published an article criticizing the
Government;
(c) Ahmad Mirala'i, a journalist reportedly found dead in Isfahan,
allegedly after having been questioned by security officials;
(d) Ghahreman Habibi, Khdidjeh Mahammadi (female), Bezrouz Avague,
Rahman Yaghini, Ali Bed'ati, Fariba Sadegh-Hagh and 21 unidentified persons,
reportedly killed in the course of a demonstration in Bonab, East Azerbaijan
province. It was alleged that upon arrival the special anti-riot forces
immediately opened fire on the demonstrators, killing 27 and wounding at least
80 persons.
Communications received
225. The Government provided a reply to the case of Bagher Yusefi, informing
the Special Rapporteur that he had committed suicide. In regard to the case
of Ahmad Mir Alaee, the Special Rapporteur was informed that the doctors who
conducted the autopsy concluded that he had died of heart failure
(12 June 1997) .
226. In response to the joint urgent appeal sent on behalf of Faraj Sarkouhi,
the Government reported that he was arrested on charges of espionage and
attempting to leave the country illegally, that he was neither tried nor
convicted, and that he enjoyed all legal rights in conformity with due process
of law, including the right to a fair trial and the right to a defence lawyer
(16 July 1997) .
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Observations
227. The Special Rapporteur is gravely concerned at the allegations brought
to his attention concerning the imposition of the death penalty in
contravention of international norms, including the imposition of the death
penalty on minors and for crimes which cannot be considered to be ‘ most
serious”, as well as in breach of the right to a fair trial. The Special
Rapporteur is appalled at the imposition of the death penalty for acts such as
holding an opinion or manifesting one's religion or beliefs, rights protected
under the International Covenant on Civil and Political Rights ratified by the
Islamic Republic of Iran. The Special Rapporteur calls on the Government to
respect the International Covenant on Civil and Political Rights as well as
all international norms relating to the death penalty.
I rag
Information received and communications sent
228. The Special Rapporteur addressed an urgent appeal to the Government of
Iraq on behalf of 519 children, 245 women and 750 men in the town of Zakho
which is in the hands of the Iraqi opposition, requesting the authorities to
ensure effective protection of the right to life and physical integrity of
these persons. Fears for their lives had been expressed when two alleged
members of the Shi'a opposition, Ahmed Muhi Ahmed and Kutaiba Al-Nakib, were
reported to have been killed on 9 November 1996 by members of the Iraqi secret
service in the town of Duhok. In this context, it was also reported that
hundreds of persons, including many members of opposition parties, were killed
when security forces entered northern Iraq in September 1996
(12 December 1996) .
229. Further to this communication, the Special Rapporteur again sent an
urgent appeal to the Government on behalf of the members of the Iraqi
opposition in the town of Zakho, then estimated to stand at more than
3,500 persons, when it was brought to his attention that Riyadh Said Bakr had
been killed in Zakho by government agents on 14 January 1997. In this appeal,
the Special Rapporteur reiterated his concerns and requests as expressed in
his urgent appeal of 12 December 1996 (17 January 1997) .
230. The Special Rapporteur also sent an urgent appeal on behalf of Humaid
Hatef Hamza, Mardan Suwadi Shadhan Muhawish, ‘Ali Hussain ‘Askar Jabbar,
Haidar Muhammad Ni'ma Majhul, Ghali Muhammad Safi ‘Abdullah and ‘Athra' Subhi
Naiyef Saleh (female) , who were reportedly sentenced to death on 22 July 1997
by a special court of the Ministry of Interior for being involved in organized
prostitution and smuggling alcohol into Saudi Arabia. Trial proceedings of
such special courts were reported to fall short of international standards for
a fair trial with lawyers being court appointed, trial sessions held in camera
and sentences pre-determined. Moreover, sentences issued by such courts can
reportedly not be appealed (9 October 1997) .
231. Furthermore, the Special Rapporteur sent the Government a copy of a
report alleging the violation of the right to life of Hamed Rahmani, a member
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of the Mujahedeen Khalq of Iran, who was reportedly killed on 7 March 1996 in
Baghdad by Iranian agents. This allegation was also transmitted to the
Government of the Islamic Republic of Iran.
232. 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 submitted to the
General Assembly at its fifty-second session (A/52/476) and to the Commission
on Human Rights at its fifty-fourth session (E/CN.4/1998/67).
Communications received
233. The Special Rapporteur received replies from the Government of Iraq in
response to the two urgent appeals sent on behalf of members of the opposition
in the town of Zakho. In response to the appeal sent on 12 December 1997, the
Special Rapporteur was informed that the allegations regarding the execution
of Ahmad Mahdi Ahmad and Qutaibi al-Naqib were not true, since no agency of
the State was present in any of the northern Iraqi governorates which are
under the control of armed Kurdish factions. The Government also indicated
that no information was available on the persons living in the town of Zakho,
an area outside the control of the central Government. With regard to the
allegations concerning the killing of hundreds of persons belonging to the
opposition in September 1996, the Government explained that security forces
had entered northern Iraq to provide support at the request of one of the
principal Kurdish parties and that it was a limited action which did not lead
to any noteworthy casualties (28 April 1997) .
234. In response to the urgent appeal of 17 January 1997, the Government
informed the Special Rapporteur that it had no information concerning Riyadh
Said Bakr (20 May 1997) .
Israel
Information received and communications sent
235. By way of exception, as these allegations had come to the light only
in 1996, the Special Rapporteur transmitted the alleged violations of the
right to life of Subhi Abu Jamea and Majdi Abu Jamea, aged 17 and 20
respectively, on 13 April 1984 in the Gaza Strip. It was brought to the
Special Rapporteur's attention that Subhi Abu Jamea and Majdi Abu Jamea,
responsible for the hijacking of a bus, were reportedly killed after being
taken into custody by members of Shabak, the Israeli security services, upon
an order given by the head of Shabak. At the time, Israeli authorities had
reportedly announced that the two had died as a result of injuries sustained
in beatings by Israeli security forces and hostages following their surrender.
Communications received
236. The Government provided a reply to several cases transmitted
during 1996. With regard to the case of JIId-Al-Nabi Quanaze, who reportedly
died in Keziot Military Detention Centre after having been tortured by other
detainees, the Government informed the Special Rapporteur that there was no
reason to take measures against the army officers involved because the
E/CN. 4/1998/68/Add.1
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activities of the various persons in charge of local security and guarding
prisoners had proved to be beyond reproach. Regarding the case of Muhammad
Mousa Abu Shaqra, who reportedly died as a result of torture by other inmates
in Keziot Military Detention Centre, the Special Rapporteur was informed that
the activities of the persons in charge of the prison were found to be beyond
reproach and the file was closed as police investigations could not ascertain
the person directly responsible for the murder. With regard to the cases of
‘Abd Al-Rahman Al-Kilani and ‘Adel ‘Ayad Yusef Al-Shehetit, who reportedly
died in Megiddo Military Detention Centre, the Government affirmed that they
were killed by fellow prisoners and that no fault has been found with the
actions of the detention facility staff.
237. In regard to these cases, the Special Rapporteur was further informed
that prisoners threatened by other prisoners are usually separated but that
tighter security would require 24-hour surveillance by soldiers in the
detention facilities, which was counter to the interest of allowing prisoners
to conduct autonomous lives in the facility (11 February 1997) .
Observations
238. The Special Rapporteur is concerned at the deaths which occurred in
custody as a result of violent acts committed by fellow prisoners which
remained apparently unnoticed by the persons in charge of the security in the
detention centres. He is even more concerned that no persons were found to be
responsible as no faults were found with the actions of the staff.
239. In this context, the Special Rapporteur should like to note that staff
of detention facilities have the duty to protect the right to life of
detainees. In accordance with rule 27 of the Standard Minimum Rules for the
Treatment of Prisoners (d)iscipline and order shall be maintained with
firmness, but with no more restriction than is necessary for safe custody and
well-ordered community life”. Further, the right of detained persons to be
treated with humanity and with respect for the inherent dignity for the human
person cannot be understood to include allowing prisoners to conduct
‘ autonomous lives in detention facilities” to the extent that crimes can be
committed with impunity within the prison.
Jamaica
Information received and communications sent
240. The Special Rapporteur sent an urgent appeal to the Government of
Jamaica after he was informed that the Government had announced its withdrawal
from the Optional Protocol to the International Covenant on Civil and
Political Rights, which allows individuals who claim that their rights under
the Covenant have been violated to petition the Human Rights Committee. It
was brought to the Special Rapporteur's attention that the reason for this
decision was related to the 1993 ruling of the Judicial Committee of the Privy
Council (JCPC) in the case of Earl Pratt and Ivan Morgan, according to which
the execution of prisoners who have been on death row for more than five years
constitutes inhuman or degrading treatment or punishment. The Government of
Jamaica was reported to be facing a situation in which the death sentence
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could de facto not be executed, individuals only being allowed to appeal to
the Human Rights Committee once domestic remedies had been exhausted and
practice showing that the Committee needs between six months and two years to
give its views.
241. In his appeal, the Special Rapporteur expressed his deep regret at the
decision by the Government and pointed out that by withdrawing from the
Optional Protocol, the Government would withhold one additional appeal option
from all persons under its jurisdiction claiming to be victims of violations
of any rights set forth in the International Covenant on Civil and Political
Rights. The Special Rapporteur noted that he was particularly concerned
because, with respect to a considerable number of communications filed by
persons sentenced to death in Jamaica, the Human Rights Committee had adopted
the view that article 14, the right to a fair trial, had been violated. He
brought to the Government's attention that the imposition of a death penalty
on a person whose right to a fair trial has been violated constitutes a
violation of his right to life and of article 6 of the International Covenant
on Civil and Political Rights. He also recalled that the Commission on Human
Rights, in its resolution 1997/12, called upon all States that had not yet
abolished the death penalty to comply fully with their international
obligations and to consider suspending executions, with a view to completely
abolishing the death penalty. The Special Rapporteur requested the Government
to consider finding a solution more compatible with its international
obligations to protect the right to life and, in this respect, to reconsider
its decision to withdraw from the Optional Protocol.
Jordan
Information received and communications sent
242. The Special Rapporteur sent an urgent appeal on behalf of
Montasser Rajab Abu-Zaid, who was reportedly sentenced to death on the
basis of a confession obtained while he was held in preventive detention,
during which period he was allegedly beaten and deprived of sleep. According
to the information received, the court did not order an investigation into
these allegations. On 2 March 1997 the death sentence was reportedly
confirmed by the Court of Cassation (24 March 1997) .
Kazakhstan
Information received and communications sent
243. The Special Rapporteur sent an urgent appeal on behalf of
Oleg Gorozashvili, who was reportedly facing imminent execution. According
to the information brought to the Special Rapporteur's attention,
Oleg Gorozashvili was questioned without the presence of a defence lawyer and
was forced to confess to committing a second murder. It was also reported
that members of the Clemency Committee revealed that they had not had access
to information concerning the alleged violation of judicial procedure in this
case (29 January 1997) .
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Kenya
Information received and communications sent
244. It has been brought to the Special Rapporteur's attention that the
Kenyan Human Rights Commission in its quarterly report on the period October
to December 1996 stated that 632 persons had died in 1996 in Kenya because of
acts of ‘ omission or commission” by the Government, including 180 persons
killed by bandits, whom the Commission said the Government has done little to
combat, 95 were killed by mobs and 130 were killed by security forces. In
respect to those killings alleged to have been committed by the security
forces, the Commission reportedly stated that only 12 police officers had been
charged and only 2 had been convicted.
245. The Special Rapporteur also continued to receive reports concerning the
high number of death occurring in Kenyan prisons. The majority of deaths
reportedly resulted from widespread illnesses due to unsanitary conditions,
lack of food, lack of sunlight and torture.
246. Furthermore, the Special Rapporteur continued to receive reports of
deaths in custody or detention as a result of ill-treatment or torture. In
this respect, allegations were transmitted to the Government in regard of the
following four persons: Henry Mutua M'Aritho, who reportedly died in custody
as a result of torture on S May 1996, three days after his arrest by
administrative policemen in Nyambene district; Amodoi Achakar Anamilem, who
reportedly died on 8 July 1996 in Lokichar, Turkana district, as a result of
torture in police custody; Amodoi Lomurodo, who reportedly died on S May 1997
while in custody at the Lokichoggio police station allegedly as a result of
torture; an unidentified person who was reportedly beaten to death by a warder
of Kericho Annex prison after an escape attempt.
247. The Special Rapporteur also transmitted an allegation regarding
S.K. Ndungi, a lawyer who was allegedly shot dead by members of the police on
22 April 1997 in Nairobi because, in connection with his work on the case of
an armed robbery of the Standard Chartered Bank, he had accused police
officials of having kept part of the recovered money for themselves.
Communications received
248. The Special Rapporteur received a reply to the allegations he had
transmitted regarding Henry Mutua M'Aritho and Amodoi Achakar Anamilem. In
regard to the former, the Special Rapporteur was informed that the responsible
police officer had been arrested and charged with murder and that the case
would be heard in June 1997. In regard to the case of Amodoi Achakar
Anamilem, the Government confirmed that no post mortem investigation could be
performed because by the time a doctor was available, the body had decomposed
badly, the Lodwar District Hospital mortuary having no refrigeration
facilities. The Special Rapporteur was also informed that the Provincial
State Counsel at Eldoret had returned the inquest file to the District
Criminal Investigation Officer in Lodwar, acknowledging the difficulty of
establishing the cause of death in view of the situation and recommending that
the file be closed unless tangible evidence incriminating somebody could be
presented (6 June 1997) .
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Observations
249. The Special Rapporteur thanks the Government for the reply provided.
In view of the fact that the allegations received by him were very similar to
those of previous years, the Special Rapporteur wishes to reiterate his
concern regarding the large number of deaths in custody. He once again urges
the Government to take all the 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.
250. The Special Rapporteur is most concerned about the alleged killing of a
lawyer by members of the police and expresses the hope that the perpetrators
will be brought to justice.
251. Finally, the Special Rapporteur is concerned by the high number of mob
killings of which he is aware and calls upon the Government to take every
measure to prevent such crimes, to investigate them promptly, bring the
perpetrators to justice and provide compensation to the victims' families.
Lesotho
Information received and communications sent
252. The Special Rapporteur transmitted an allegation to the Government
concerning Manti Mosala, Eric Ramatsi Mosala, Thathuoe Skozana Nqatso,
Thabang Kobeli and Moeketsi Motuba who had reportedly been killed by members
of the police on 14 December 1996 when they stormed a workers' camp at
Butha-Buthe in the context of a prolonged labour dispute at the Lesotho
Highlands Water Project. According to the information brought to the
attention of the Special Rapporteur, police employed excessive force, using
tear gas and live ammunition to disperse the workers. Police reportedly
continued firing as workers fled the scene.
Observations
253. The Special Rapporteur calls on the Government to ensure that the force
used by security forces is, at all times, in accordance with the Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials.
Liberia
Observations
254. The Special Rapporteur welcomes the successful completion of the
peace process in Liberia. He regrets, however, that those responsible for
human rights violations have not yet been held accountable. The Special
Rapporteur notes the importance of truth and justice in the consolidation of
peace.
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Malawi
Information received and communications sent
255. The Special Rapporteur sent one urgent appeal to the Government of
Malawi after he had received information according to which preparations were
under way to forcibly return around 765 Rwandese refugees and around 470
refugees from the Democratic Republic of the Congo to their respective
country. According to the reports received, despite the fact that the
repatriation of the refugees was to be voluntary, the Dzaleka camp, where most
of these refugees were living, had been surrounded by Malawian police and
roadblocks had been erected to prevent refugees from leaving. It was also
reported that refugees who tried to flee in order to escape repatriation had
been brought back to the camp forcibly by Malawian police (21 August 1997) .
256. The Special Rapporteur also transmitted to the Government an allegation
regarding the death in custody of 17 persons who reportedly died in the night
of S to 6 March 1996 in Lilongwe police station as a result of asphyxiation
caused by overcrowding. Investigations were reported to have been promptly
initiated.
Communications received
257. In response to the urgent appeal of 21 August 1997, the Government
acknowledged receipt and observed that no decision by the Government of Malawi
would be taken without adequate consultations with the Office of the
United Nations High Commissioner for Refugees (22 August 1997) . Consequently,
the Government provided a reply to the Special Rapporteur, attaching a IJNHCR
press release which stated that at no point did the Government of Malawi
abandon the voluntary nature of the repatriation exercise. The Special
Rapporteur was also informed that, due to a communication breakdown, security
personnel had turned up at the refugee camp and, even though they did not
interact, had created a general panic in which hundreds of refugees ran away,
many of whom have not returned since (13 October 1997) .
Observations
258. The Special Rapporteur wishes to thank the Government for the replies
provided. The Special Rapporteur welcomes the Government's policy on refugee
matters, in particular its cooperation with UNHCR. He further hopes that he
will be informed of the outcome of investigations conducted into the deaths in
custody which occurred in Lilongwe police station.
Malaysia
Information received and communications sent
259. The Special Rapporteur sent one urgent appeal on behalf of Chu Tak Fai
who had reportedly been sentenced to death by the Alor Star High Court on
11 October 1994 for trafficking 2.1 kg of heroin and was reportedly facing
imminent execution after the rejection of his appeal on 16 April 1997 by the
Court of Appeal in Kuala Lumpur. It was brought to the Special Rapporteur's
attention that, according to the Dangerous Drugs Act, any person found in
E/CN.4/1998/68/Add. 1
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possession of at least 15 grams of heroin is presumed to be trafficking in the
drug, unless the contrary can be proven. The Special Rapporteur expressed his
opinion that this partial shift of the burden of proof to the accused does not
provide sufficient guarantees for the presumption of innocence and may thus
lead to violations of the right to life, in particular since the crime of drug
trafficking carries a mandatory death sentence (14 May 1997) .
Mexico
Information received and communications sent
260. As in the previous year, the Special Rapporteur has continued to receive
reports of harassment, death threats and intimidation against human rights
activists, leaders of indigenous organizations, members of political parties,
particularly the Democratic Revolutionary Party (PRD) , and members of
religious communities. According to several sources, the authorities
acquiesced in these acts. Cases of threats or intimidation of peasants within
the context of anti-guerrilla operations were also reported, particularly in
the Sierra Madre region of Chiapas, in the municipalities of Angel Albino
Corzo and La Concordia. There were also reports of deaths caused by mobs.
261. The Special Rapporteur sent five urgent appeals, calling upon the
authorities to take all necessary measures to protect the lives and ensure the
safety of the following persons, who had allegedly received death threats from
members of the police and/or security forces unless otherwise stated:
(a) Members and leaders of the Southern Sierra Peasants' Organization
(OCSS) , following the killing of Gerardo Hurtado Arias, the OCSS leader, by
paramilitaries in Tepetixla, State of Guerrero (28 April 1997) ;
(b) Dr. Gerardo GonIIlez Figueroa, President of the Coordinating
Office of Non-Governmental Organizations for Peace (CONPAZ) , in San Crist6bal
de las Casas, Chiapas, and other members of the organization, after they had
received a series of anonymous death threats by telephone. The threats were
apparently motivated by a statement by CONPAZ against the expulsion of
international human rights monitors from Mexico (12 May 1997) . The Special
Rapporteur sent a second urgent appeal on Dr. Gonzalez Figueroa's behalf after
being informed that he had received another telephone call threatening to kill
one of his daughters (10 June 1997) ;
(c) The young children of the Martinez Vargas family, who had
witnessed the killing of Silvano Martinez Salinas, Oliva Vargas Carro,
Mario Martinez Vargas, aged 14, and Maria Carro Jim&nez, in the village of
Emiliano Zapata de Rio Grande, municipality of Tututepec, Oaxaca, by two
individuals with alleged ties to the local authorities. The victims were
members of the PRD (10 June 1997);
(d) Maria Eugenia Cazares and her family, who had been threatened and
intimidated by alleged members of the Judicial Police of Durango, State of
Durango. The threats were reportedly motivated by the complaint lodged
regarding the rape of her 16-year-old daughter. Upon going to the police
station to file the complaint, they had allegedly been detained, threatened
E/CN. 4/1998/68/Add.1
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and insulted by police officers. One of the accused was reported to be the
son of a local leader of the Institutional Revolutionary Party (PRI) . The
girl subsequently committed suicide (27 August 1997) .
262. The Special Rapporteur has also sent the Government the allegations he
received concerning violations of the right to life of the following persons:
(a) Killed by mobs: Enrique Ocampo, Eucario Jim&nez Ocampo and
Horlando Mendoza Ojeda, who were lynched in Rio Chiquito on 1 January 1996
because they were believed to be responsible for the death of a resident of
the community; Rodolfo Soler, who was killed in Paso de Aguila on
31 August 1996 by 30 or so men from Tatahuicapan who believed he had murdered
his wife;
(b) Killed by police officers: Celerino Jim&nez Almaraz, who died on
24 April 1997 in San Mateo Rio Hondo, shortly after being detained by Oaxaca
judicial police officers; Adrian Sebastian Antonio, who died in December 1996
in San Agustin Loxicha; Fernando Gonzalez P&rez, Carmen GonIIlez G6mez,
Juan N. and Miguel G6mez Hern ndez, who died on 14 March 1997 in San Pedro
Nixtalucum; Misael Tovar Rodriguez, who died on 19 February 1997 in Conejos,
municipality of Tula de Allende; Erick C rdenas Esqueda, 16 years old, who
died on 4 January 1997 in the municipal police cells of Laredo, Tamaulipas, as
a result of ill-treatment; Sixto de la Rosa Martinez, whose corpse was
reportedly found on 2 May 1997 in Calero de Cofrados, shortly after his
detention by judicial police officers from the State of Nayarit;
Reyes Penagos, who died on 17 December 1995 in Jaltenango, Chiapas; Jos& L6pez
Reyes and Ricardo Rico L6pez, who died on 24 October 1996 in C6rdoba,
Veracruz; Antonio Torres Estrada, who died in November 1996 in Le6n,
Guanajuato, after being beaten; Alejandro Herrera Flores, who died in
October 1996 in Morelia, Michoac n, shortly after his detention; Belisario
Villegas Perrelleza, Silvestre Bernal and Jos& Mario Pay n Beltr n, members
of the PRD, who died on 3 December 1996 in Le6n Fonseca, municipality of
Sinaloa de Leyva;
(c) Killed by members of the army: Marcial Orbe Zarco, who was killed
in Agua Fria on 7 November 1996 by six men in uniform wearing the badges and
insignia of the Mexican army and armed with AK-47s; Valentin Carrillo Saldana,
an indigenous Tepehua, who died on 12 October 1996 in San Juan Nepomueno;
Juan Aceves Cruz, who died on 21 November 1996 in Oaxaca;
(d) Members of the PRD: Guadalupe Valentino L6pez and his wife,
Nicasia Hern ndez Petatan, who were killed in La Montaffia, State of Guerrero
by unidentified men with alleged ties to the local authorities;
Rafael Garcia Santiago, who was killed on 12 September 1996 in the State of
Guerrero, reportedly by members of the PRI; JIIdres L6pez, who was killed on
10 January 1996, in the community of Coyul, municipality of Metlaltonoc,
Guerrero, allegedly on the orders of the mayor of the municipality.
263. Allegations were also transmitted concerning the killing of
Natalio Gervacio, in September 1996 in the community of Mexcaltepec, Sierra de
Atoyac, reportedly by a man acting on the orders of a PRI commissioner from
Mexcaltepec.
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Communications received
264. The Government of Mexico provided answers to a large number of the
complaints transmitted by the Special Rapporteur during 1996 and 1997.
265. Thus regarding the urgent appeal sent on behalf of Rashiy Gonzalez, the
Government provided details of the investigations into the journalist's
abduction and reported that Mr. GonIIlez had never asked for personal
protection (5 November 1996 and 19 December 1996) . In addition, with regard
to the urgent appeal transmitted on behalf of several journalists attending a
press conference organized by the Revolutionary People's Army (ERP) it was
stated that the Human Rights Commission of the State of Guerrero had not
received any complaints relating to these cases. The journalists had not
lodged any public complaints or charges with the Procurator's Office, as there
were no grounds to do so, since they had never been harassed or threatened by
any judicial authorities (12 December 1996) .
266. A reply was also furnished regarding the death threats allegedly
received by Liliana Flores Benavides, leader of the National Union of
Agricultural Producers, Tradesmen, Manufacturers and Service Providers,
El Barz6n, A.C. According to the Government, investigations had been
initiated into the case which was being prepared for submission
(12 December 1997) .
267. The Government notified the Special Rapporteur that the suspects in
the death of Higinio Sanchez Hern ndez were farmers and tradesmen
(12 December 1996) . In addition, according to the Attorney-General of the
State of Veracruz, the investigations revealed that Fidel Hern ndez Catarina
had not been detained by members of the State Judicial Police. The
investigations into his death continue (12 December 1996) .
268. JII acquittal was handed down for the person accused of the killing of
Neftali Ruiz Ramirez. The public prosecutor had appealed against the
acquittal to the Criminal Division of the Supreme Court of Justice of the
State of Chiapas, which rendered a final judgement confirming the decision of
the Fourth Criminal Court (12 December 1996) .
269. Concerning the deaths of Mariano G6mez L6pez and Manuel G6mez L6pez, it
was reported that, according to the National Human Rights Commission (CNDH),
their bodies were among the 11 corpses buried in Ocosingo, Chiapas; the
outcome of the preliminary investigations undertaken both by the
Attorney-General of the Republic and by the Military Procurator
(19 December 1996) remains pending. By letter of that same date, the
Government transmitted a copy of the official record of the removal,
description, partial affiliation, and affidavit of the lesions on the corpse
of the juvenile Jos& de Jesias Toro Arredondo, as well as of his death
certificate.
270. The Special Rapporteur was informed that Artemio Radilla Caro and
Benjamin Radilla Caro had died in the course of a confrontation with the State
Judicial Police and Public Security Police (25 February 1997) .
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271. In connection with the urgent appeal sent by the Special Rapporteur
in 1996 on behalf of the Jesuit priest Alfredo Zepeda and the lawyer
Concepci6n Hern ndez M&ndez, it was established that, according to the Human
Rights Commission of the State of Veracruz, no complaints had been received
from the parties and at no time had any public authority or official been
involved in any threats; it was rather a matter between individuals
(12 March 1997) .
272. The Government of Mexico stated that the CNDH and the Human Rights
Commission of the State of Guerrero had no records whatsoever of any
complaints concerning the deaths of Jos& Reyes Montaflo, Aridr&s Vel zquez Nava,
Mauro Morales Maganda, Miguel Angel L zaro Sanchez and Alejandro Pacheco
Garcia. The Special Rapporteur was asked for further information
(10 April 1997) . The Government also requested more information on the cases
of Marcial Orbe Zarco, Enrique Ocampo Jim&nez, Eucario Jim&nez Ocampo and
Horlando Mendoza Ojeda (31 July 1997) . The Government subsequently indicated
that, with regard to the death of Marcial Orbe Zarco, the CNDH was unable to
establish that members of the army had been involved, and that it was
therefore for the Attorney-General of the State of Guerrero to investigate the
facts; preliminary investigations had begun (6 October 1997) .
273. At the request of the CNDH, the Government of the State of Chiapas had
taken precautionary measures on behalf of CONPAZ (11 and 25 June 1997) .
Police protection was also given to Gerardo GonIIlez Figueroa on account of
the death threats he had received (17 and 25 June 1997) .
274. The deaths of Silvano Martinez Salinas, Oliva Vargas Carro,
Mario Martinez Vargas and Maria Carro Jim&nez, in Rio Grande, Oaxaca, are
still under investigation. However, there is still no information on the
alleged intimidation of the family by members of the judicial police, and no
evidence to support the idea that their deaths might have been politically
motivated (8 September 1997) .
275. An arrest warrant and guilty verdict were issued against three persons
for the homicide of Rodolfo Soler, who was killed by a mob. It was reported
that it appeared from the inquiry to have been members of the family of the
woman killed by Rodolfo Soler and other residents of the area, who had
initiated the lynching, with the rest of the population witnessing the events
but not taking part (8 September 1997) .
276. The CNDH stated that Fernando Gonzalez P&rez, Carmen GonIIlez G6mez,
Juan N., and Miguel G6mez Hern ndez had died in the course of a confrontation
with the State Security Police. Members of the community said they did not
want the Commission to intervene, and accordingly the Commission declared the
case closed. Nonetheless, the Attorney-General of the State of Chiapas opened
a preliminary investigation (2 October 1997) . With regard to the death of
Misael Tovar Rodriguez, criminal proceedings for homicide and abuse of
authority were instituted against two members of the Federal Highway Police
(2 October 1997) .
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277. An army captain was found criminally liable for homicide, and a sergeant
for illegal deprivation of liberty and complicity, in the homicide of
Valentin Carrillo Saldaffia. The proceedings are currently at the pre-trail
stage (2 October 1997) .
278. With reference to the threats made against Maria Eugenia Cazares and her
family following their complaint concerning the rape of her daughter, on
28 August 1997 the CNDH issued recommendation No. 75/97 to the Governor of the
State of Durango, in which it recommended, inter alia , the dismissal of the
State Attorney-General and the opening of a preliminary investigation into
other public officials from his Office and agents of the Judicial Police. The
Commission also recommended compensation of the dead girl's family and
execution of the arrest warrants issued by the Second Criminal Court of the
State of Durango against the alleged rapists (4 and 14 October 1997) .
279. It was not members of the army who were involved in the death of
Guadalupe Valentino L6pez and his wife Nicasia Hern ndez Petatan, but
civilians, against whom criminal proceedings have been initiated
(6 October 1997) . Juan Aceves Cruz died after entering a military
installation without permission, and only after personnel from Military Air
Base No. 15 had ordered him to stop and fired shots into the air. The
incident is being investigated by the Military Procurator of the VIII Military
Region in Ixtepec, Oaxaca (6 October 1997) . As regards the death of
Natalio Gervasio Bello, the CNDH referred the complaint to the Human Rights
Commission of the State of Guerrero (6 October 1997) .
280. According to the Government, the Attorney-General of the State of
Guerrero stated that he had no knowledge of the facts in the case of Gerardo
Hurtado Arias. The CNDH and the Human Rights Commission of the State of
Guerrero made statements to the same effect (24 October 1997) .
Follow-up on the mission to Mexico
281. The Government informed the Special Rapporteur that, with regard to his
request to carry out a joint mission with the Special Rapporteur on torture,
it had been decided that once the latter completed his mission, the
possibility of inviting the former would be considered (2 December 1996) .
Observations
282. The Special Rapporteur welcomes the replies transmitted by the
Government of Mexico and its willingness to cooperate with his mandate. He
remains concerned about the allegations concerning threats to, and
intimidation of, human rights activists. As stated previously, although he
welcomes the efforts made by the CNDH, he regrets that the recommendations
made have not always been implemented and urges the authorities to ensure that
they are complied with. He reiterates his interest in carrying out a mission
to Mexico.
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Myanmar
Information received and communications sent
283. 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 to the General Assembly
at its fifty-second session (A/52/484) and to the Commission on Human Rights
at its fifty-fourth session (E/CN.4/1998/50) .
284. The Special Rapporteur transmitted to the Government of Myanmar
allegations regarding the violation of the right to life of the following
persons:
(a) Reportedly killed by members of the armed forces in attacks on
refugee camps in Thailand: Ei Pyin, Ai Pon and U Baw Ga, in or as a result of
the attack on Karenni refugee camp No. 2 on 3 January 1997;
(b) Reportedly killed in attacks on refugee camps in Thailand by
members of the Democratic Karen Buddhist Army (DKBA) , a Karen militia group
alleged to be backed by the State Law and Order Restoration Council (SLORC) :
one unidentified person, reportedly a Thai trader, during the attack on
Don Pa Kiang refugee camp on 28 January 1997; one unidentified person in the
attack on Hway Kaloke refugee camp on 28 January 1997; Naw Eh G'Lu Pi alias
Maw Ywek Mo, during the attack on Mae La (Beh Klaw) refugee camp on
29 January 1997;
(c) Reportedly killed by members of the armed forces: Zai Nyunt, a
Shan villager, on 13 November 1996 near Wan Lauy village in Murngkerng
township; and Loong Sa, a Shan villager, on 30 October 1996 in Khai Yern
village, Wan Keng Tract, Murngkerng township.
Communications received
285. The Government of Myanmar provided a reply to the allegations
transmitted by the Special Rapporteur during 1997. With regard to the cases
of Ei Pyin, Ai Pon and U Baw Ga, the Government stated that the armed forces
of Myanmar never violated the territorial integrity of the neighbouring
countries.
286. Regarding the above-mentioned persons who died in attacks by the DKBA on
Karen refugee camps in Thailand, the Government referred to a reply of
13 March 1995 in which it described in some detail the situation prevailing in
certain areas of the Karen state near the border and in particular the
Government's efforts for national reconciliation. The Special Rapporteur was
also informed that the Government cannot be held accountable for the behaviour
and activities of the Karen National Union (Pa U) or its splinter group, the
Democratic Kayin Buddhist Organization, armed groups which remain outside the
framework of the law.
287. The Special Rapporteur was also informed that the other cases were
referred to the authorities in Myanmar (9 July 1997) .
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Observations
288. The Special Rapporteur thanks the Government for the reply but regrets
that it does not address all his concerns. The Special Rapporteur continues
to be distressed by the persistent reports of violations of the right to life
in the context of attacks on refugee camps in Thailand. The Special
Rapporteur urges the authorities to make every effort to ensure that those
responsible for these deaths are brought to justice.
Nepal
Information received and communications sent
289. It was brought to the Special Rapporteur's attention that since
February 1996, when the Communist Party of Nepal (CPN) formally declared a
‘ people's war”, the human rights situation in Nepal has seriously
deteriorated. According to the information received, the number of violations
of the right to life saw a sharp increase. It was reported that police
repeatedly resorted to the use of lethal force in situations where such force
was clearly unjustified, and as an alternative to arrest. Furthermore,
reports were received of persons who had died as a result of torture or were
otherwise killed in police custody.
290. Victims reportedly included persons suspected of being members or
sympathizers of the CPN or its political wing, Samyukta Jana Morcha (SJM) .
Among them are reported to be many members of the Magar tribal community,
members of lower Hindu castes, lawyers, teachers and juveniles.
291. The Special Rapporteur is aware that armed activists were also
responsible for deliberate killings of civilians declared by them to be
‘ enemies” . These included landowners and local politicians of mainstream
parties, particularly in the mid-western region.
292. The Special Rapporteur transmitted allegations regarding violations of
the right to life of 15 individuals. The following persons:
(a) Reportedly died in custody as a result of torture: Hasta Bahadur
Damai, on or around 20 March 1996 in Damai, Jajarkot district, following his
arrest in early March 1996; Bhakta Bahadur Sunar, on 26 July 1996 in Tewang,
Rolpa district, following his arrest the previous day; Ehanu Pratap Singh
Chaudhary, on 30 August 1996 in Halawar VDC-4, Dang district; Dil Bahadur
Ehujel, on 4 March 1997 in Surunga, Jhapa district, following his arrest the
previous week by forest security personnel;
(b) Reportedly died as a result of excessive use of force by members
of the police: Dil Bahadur Ramtel, a 14-year-old student in a school of
Ghorks district, shot and killed when police fired into a group of children
protesting against the arrest of their headmaster;
(c) Were reportedly deliberately killed by members of the police:
Mulman Budha, on 28 March 1996 in Mirul, Rolpa district; Dudh Bahadur Pun, on
30 March 1996 in Kakri, Rukum district; Ganendra Prasad Devkota and Tika
Prasad Devkota, on 7 May 1996 in Amale, Sindhuli district; Rabi Khatri Chhetri
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on 13 July 1996 in Magma, Rukum district; Dute Budha, Parman Budha, Bir
Bahadur Budha and Lal Bahadur Budha, on 10 August 1996 in Jaimkasala, Rolpa
district; Karna Bahadur Budha, on 21 October 1996 in Jedwang, Rolpa district.
Observations
293. The Special Rapporteur regrets that at the time of the finalization of
the present report, no reply had been received from the Government to the
allegations transmitted during 1996 and 1997. The Special Rapporteur should
like to express once more his concern about the considerable number of
allegations brought to his attention concerning violations of the right to
life committed by members of the police. The Special Rapporteur is
particularly shocked by the killing of a 14-year-old schoolboy during a
demonstration by schoolchildren in support of their headmaster. The Special
Rapporteur calls on the Government of Nepal to investigate the allegations, to
bring those responsible to justice and to provide compensation to the victims'
families. He also calls on the Government to take the necessary steps to
prevent future violations in accordance with, inter alia , the Basic Principles
on the Use of Force and Firearms by Law Enforcement Officials, 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.
Nicaragua
Communications received
294. The Government informed the Special Rapporteur that, with regard to the
case of Jer6nimo Urbina and Ernesto Porfirio Diaz, who died during the course
of a demonstration in Managua, an investigative commission had been
established on the instructions of the Minister of the Interior and had
recommended that the case should be tried by the ordinary courts. Judicial
proceedings had been initiated and an interlocutory judgement handed down,
with charges dismissed against some of the accused and a temporary stay
granted the others, and the police were ordered to continue investigating the
case (15 November 1996) .
295. With regard to the deaths of Franklin Benito Borge Velasquez and
Enrique Montenegro Estrada, charges were filed in the Eighth Criminal District
Court of Managua. The criminal proceedings are in the judicial investigation
stage (15 November 1996) .
296. In relation to the case of the death of 11 members of the ‘ Meza Rearmed
Group” in the course of an attack by members of the army, the Special
Rapporteur was informed that in May 1995 the charges of homicide and bodily
injury had been dismissed. There was no appeal and the case was closed
(15 November 1996) .
Nigeria
297. For a summary of the communications between the Government of Nigeria
and the Special Rapporteur from 1 November 1996 to 4 February 1997, reference
is made to the report on the situation of human rights in Nigeria which the
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Special Rapporteur submitted together with the Special Rapporteur on the
independence of judges and lawyers to the fifty-third session of the
Commission on Human Rights (E/CN.4/1997/62 and Add.1) .
Information received and communications sent
298. 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 Nigeria to the Commission on
Human Rights at its fifty-fourth session (E/CN.4/1998/62).
299. The Special Rapporteur transmitted an allegation which regarded the
violation of the right to life of Kudirat Abiola. It was reported that
Kudirat Abiola, wife of the politician Chief Moshood JIIiola for whose release
she was campaigning, was killed in Lagos on 4 June 1996. According to the
reports received her killing might have been carried out by members of the
State security forces acting with or without the knowledge of the central
authorities. It was also brought to the Special Rapporteur's attention that
Kudirat Abiola's daughter had publicly stated that prior to her death she had
been harassed by members of the State security services. Sources further
indicated that on 6 September 1996, the head of the Federal Investigations and
Intelligence Bureau said that their investigations had not made any progress
due to lack of public cooperation. He was allegedly one of the three senior
officers who subsequently retired in a restructuring of the police. According
to the information received, no further progress was reported in the
investigation of the case.
Communications received
300. In reply to the case of Kudirat JIIiola, the Government informed the
Special Rapporteur that it considered that the allegation had been transmitted
to the Government to justify a statement made by the Special Rapporteur in
Port Louis, Mauritius, in October 1996, in which he attributed the death of
Kudirat Abiola to government officials (28 March 1997) .
301. The Government also provided a reply to an allegation sent during 1996
which concerned 43 persons reportedly publicly executed in Lagos on
22 July 1995 following proceedings which allegedly fell short of international
standards for a fair trial. In its response, the Government indicated that
the persons concerned had been represented by counsel of their choice, were
all found guilty as charged and were thereafter executed. Furthermore, the
Special Rapporteur was informed that all had been convicted earlier of armed
robbery and sentenced to death. Thirty-eight were tried and sentenced between
1980 and 1992 by the Lagos Armed Robbery and Firearms Tribunal, the judgements
in their cases being confirmed by the Government in accordance with the law.
The other five had been tried by the Lagos State High Court and had
subsequently appealed to the Supreme Court which confirmed the sentences
(9 April 1997) .
Observations
302. The Special Rapporteur is concerned about the imposition and execution
of death sentences after trials reported to fall short of international fair
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trial standards. In addition, the Government's unfounded remarks regarding
the Special Rapporteur, which were made in its reply to the case of
Kudirat Abiola, cannot serve as a justification for not promptly and
impartially investigating her case and bringing perpetrators to justice.
Pakistan
Information received and communications sent
303. The Special Rapporteur received information indicating that in Pakistan
death sentences may be imposed in trials which are alleged not to meet minimum
fair trial standards as laid down in international instruments. Death
sentences imposed in trials before Special Courts for the Suppression of
Terrorist Activities reportedly fall short of international standards for fair
trial insofar as these trials do not proceed from the presumption of
innocence. Furthermore, it was reported that by law, women charged with
unlawful sexual relations ( zina ) may be sentenced to the hadd punishment of
stoning to death without the women's testimony being taken into account.
304. It was further reported that the Qisas and Divat Ordinance, first
promulgated in September 1990 and then regularly repromulgated, severely
limits the possibility of those sentenced to death to have their sentences
commuted to life imprisonment. As this ordinance declares void relevant
provisions of the Pakistan Penal Code and Code of Criminal Procedure, these
codes reportedly now specify that death sentences given as gisas - punishment
commensurate to the crime committed - shall not be commuted by the federal or
provincial authorities without the consent of the heirs of the victim. It was
alleged that this may result in the death penalty being applied arbitrarily as
the heirs of the victim may grant mercy in return for compensation, making a
compromise settlement more likely for a rich than a poor convict. It was also
reported that death sentences imposed as hadd punishments can no longer be
commuted by the federal Government or the President as originally provided for
in the Code of Criminal Procedure. Lastly, although the Qisas and Divat
Ordinance is reported not to have altered the power of the President under
article 45 of the Constitution ‘ to grant pardon, reprieve and respite, and to
remit, suspend or commute any sentence passed by any court, tribunal or
authority”, a 1992 Supreme Court judgement reportedly held that the President
had no power to commute death sentences passed as hadd or gisas .
305. In relation to the death penalty, it was further brought to the Special
Rapporteur's attention that on 5 June 1995 the federal Government approved a
draft bill, the Child Offenders Bill, which reportedly envisages that no
person below the age of 16 may be sentenced to death. This bill was reported
to be pending before the Parliament.
306. During the past year, the Special Rapporteur also continued to receive
numerous allegations regarding violations of the right to life committed by
law enforcement officials. Most of the reports received concerned
Mohajir Quami Movement (MQM) members, workers or sympathizers who died in
custody, often as a result of torture, or in staged armed encounters with the
police. In this respect, the Special Rapporteur transmitted the following
allegations regarding:
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(a) Persons who reportedly died in custody as a result of torture:
Mohammad Zaheer, on 1 January 1997 in Landhi police station, Karachi;
Mohammad Taufeeq Raza, on 10 October 1996 in Zaman Town police station,
Karachi; Mohammad Naeem, on 29 November 1995 in Zaman Town police station,
Karachi; Mohammad JIIwar, on 12 November 1995 in Garden police station,
Karachi; Nazeer Hussein, on 4 November 1995 in Jinnah hospital following his
detention in New Karachi police station and Central Jail; Khursheed Anwar, on
2 October 1995; Jameel Ahmed, on 22 September 1995 in Gulbahar police station,
Karachi; Taraq Hassan Rizvi, on 1 September 1995; Mohammad Asghar, on
26 June 1996 in Sukkur;
(b) Persons who were reportedly deliberately killed in Karachi by
members of the police while in their custody: Tariq Aziz, on 4 April 1996;
Zubair Alam, on 1 April 1996; Mohammad Shakir, on 1 April 1996; Hafeez Ahmed,
on 31 March 1996; Syed Anwar Ali, on 30 March 1996; Mohammad Armaan, on
4 October 1996; Mohammed Tehsin and Azeen Uddin, on 11 September 1996;
Naseem Bihari, on 21 August 1996; Mohammad Farooq, on 5 September 1996;
Waseem Ahmed, Javed Ameeruuddin and Wahab, on 27 November 1995; Amir Ali, on
18 October 1995; Mohammad Asif, on 16 October 1995; and Liaquat Ali JIIbasi, on
7 October 1995.
307. Furthermore, the Special Rapporteur transmitted an allegation regarding
the violation of the right to life of Mir Murtaza Bhutto, Chairman of the
Pakistan People's Party, an opposition party, as well as the violation of the
right to life of Ashique Husein Jatoi, Yar Mohammed Baloch, Sajjad Haider
Gakhro, Wajahat Jokhio, Mohammed Rahim Brohi and Abdul Sattar Rajpar. It was
reported that they were killed on 20 September 1996 when they were ambushed by
some 100 policemen close to Mir Murtaza Bhutto's home in Karachi. All
reportedly died on the spot, except Mir Murtaza Bhutto who was allegedly left
bleeding at the site of the incident for approximately 50 minutes before being
taken to Mideast hospital where he succumbed to his injuries some hours later.
Observations
308. The Special Rapporteur notes with concern that the Child Offenders Bill
envisages the imposition of the death sentence on juveniles as of the age of
16. He should like to bring to the Government's attention that the imposition
of the death penalty on children, that is persons below the age of 18 years
unless under the applicable law child majority is attained earlier, is in
violation of article 37 (a) of the Convention on the Rights of the Child,
which has been ratified by Pakistan. Furthermore, it should be noted that the
International Covenant on Civil and Political Rights, the United Nations
Standard Minimum Rules for the Administration of Juvenile Justice (The
‘ Beijing Rules”) and the Safeguards guaranteeing protection of the rights of
those facing the death penalty provide that persons below 18 years of age at
the time of the commission of the crime shall not be sentenced to death.
309. Furthermore, the Special Rapporteur regrets that no replies have been
received to any of the allegations regarding violations of the right to life
transmitted during 1995, 1996 and 1997. The Special Rapporteur remains
concerned about the high number of reports received regarding extrajudicial,
summary or arbitrary executions, including deaths in custody. The Special
Rapporteur calls on the Government to investigate these allegations, to bring
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those responsible to justice, to provide compensation to the victims' families
and to take the necessary steps to prevent future violations of the right to
life.
310. In the light of the high number of allegations brought to the Special
Rapporteur's attention, and in the absence of any replies, the Special
Rapporteur is also considering a request to the Government for an invitation
for an on-site visit to allow him to better evaluate the situation of the
right to life.
P ana ma
Information received and communications sent
311. The Special Rapporteur transmitted an urgent appeal to the Government of
Panama on behalf of some 400 peasants and their families, most of them from
Unguia, Department of Choc6, Urub , Colombia, who had fled to Panama in the
wake of violent fighting between guerrillas and paramilitary groups. The
Special Rapporteur was told that the Panamanian authorities had begun the
process of deporting them to Colombia. He asked the Government to take the
necessary steps to ensure that, should they be deported to Colombia, their
right to life and physical integrity would be guaranteed. The Special
Rapporteur also sent the Government of Colombia an urgent appeal to the same
effect (5 December 1996) .
312. The Special Rapporteur transmitted to the Government of Panama
allegations concerning violations of the right to life of the following
persons: Jos& Ignacio Acevedo, who died on 24 June 1997, in the municipality
of Yape, Pinogana, Dari&n, and Cipriano Garcia, who was killed in early
July 1997 in the municipality of Yaviza, by Colombian paramilitaries.
Colombian paramilitaries were reported to have made an incursion into
Panamanian territory for the purpose of eliminating guerrilla sympathizers.
The Special Rapporteur also transmitted this allegation to the Government of
Colombia.
Papua New Guinea
Information received and communications sent
313. The Special Rapporteur's attention was drawn to reports which indicated
that a culture of impunity, created by poor discipline and a weak chain of
command in the armed forces combined with an unwillingness to hold individuals
responsible for their deeds, contributed to the continuation of killings on
the island of Bougainville. Moreover, the Papua New Guinea Defence
Force (PNGDF) and resistance forces were reported to operate virtually free
from public scrutiny because of restrictions imposed on access for independent
human rights monitors and the media.
314. The Special Rapporteur received numerous reports of violations of the
right to life committed on the island of Bougainville by members of the PNGDF
and resistance forces. Allegations transmitted to the Government by the
Special Rapporteur concerned the following persons:
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(a) Fourteen unidentified persons, including women and two girls
aged four and six, reportedly killed on 1 December 1996 in Mukakuru village,
Siwai, when members of the PNGDF and the resistance forces opened fire on
their camp. Survivors of the attack reportedly claimed that no members of the
Bougainville Revolutionary Army (BRA) were present in their village;
(b) Jack, a man who, according to local residents, suffered from a
mental illness, reportedly killed on 23 June 1997 when he was cruising around
the waters of Buka harbour with a stolen boat after curfew;
(c) Cathy Tomare, aged 4, Nanny Makau, aged 5, Alvina Makunia, aged 6,
Brenda Ruinai, aged 14, Cecelia Ruatu (female) , John Tuburu, Nicolas Nakei,
Albert Makau and Boisi Kauri (female) , reportedly killed on 28 November 1996
when the Malapita church in south Bougainville was struck by mortar fire in an
attack which was alleged to be indiscriminate;
(d) Theodore Miriung, Premier of the Bougainville Transitional
Government, who was extremely helpful during the Special Rapporteur's visit to
Bougainville, reportedly killed on 12 October 1996 in Kapana village. It was
reported that the preliminary findings of a coroner's inquest into the killing
were that members of the PNGDF along with a lesser number of members of the
resistance forces were involved in his killing;
(e) Isaiah Magung and Ampo Tarokuru, reportedly killed in May 1996
after they had left the Tonu Care Centre at the Mariga River;
(f) Hubert Oparive and seven unidentified persons, reportedly killed
on 19 June 1996 in Sipai. According to the information received, they were
accused of collaboration and killed shortly after their arrest by security
forces;
(g) John Esi, reportedly killed in early 1996 in Kunua, Bougainville,
shortly after his arrest at the Kunua Care Centre by members of the PNGDF.
Observations
315. The Special Rapporteur notes with regret that the Government of
Papua New Guinea has not responded to any of the allegations regarding
violations of the right to life transmitted by the Special Rapporteur
during 1995, 1996 and 1997. Moreover, despite repeated requests, the
Government did not provide him with information in regard to the
recommendations made in the report of his visit to the country from 21
to 28 October 1995.
316. The Special Rapporteur is concerned about the deterioration of the
situation of the right to life on the island of Bougainville and about
persistent impunity. He calls on all parties to the conflict to respect at
all times the right to life of non-combatants.
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Paraguay
Information received and communications sent
317. The Special Rapporteur transmitted the allegation concerning a violation
of the right to life of Felipe Pablo Benitez, a member of the Puente Kue
Neighbourhood Commission, who was killed on 11 July 1997 by armed men
allegedly acting with the acquiescence of the security forces in Caazapa.
Communications received
318. The Government of Paraguay transmitted information concerning the case
of Modesto Barreto. It was stated that the Second Rota Criminal Court of
First Instance had conducted the investigative proceedings to establish the
facts. Three persons had been detained on suspicion of murder, and they did
not belong to any official or private institution or body (19 November 1996) .
In addition, the Government furnished a copy of Act No. 933/96, promulgating
the Inter-American Convention on Forced Disappearance of Persons.
Peru
Information received and communications sent
319. The Special Rapporteur received allegations of a general nature
concerning the attack by the armed forces on the Embassy of Japan in Lima.
According to the information received, the military operation, which rescued
71 hostages, resulted in the deaths of Carlos Giusti Acuffia, Supreme Court
Judge, two army officers and all the members of the Tupac Amaru Revolutionary
Movement (MRTA) guerrilla group. Witnesses were reported to have stated that
some members of the MRTA had been captured alive and disarmed and then
committed suicide. As to the Supreme Court Judge who died, sources close to
the victim reportedly did not know whether there had been an autopsy. It is
also not known whether there was an investigation into the events surrounding
the attack. Reports indicate that only three of the dead guerrillas were
handed over to their families, in sealed coffins, which ruled out any
autopsies. The 11 other guerrillas were said to have been buried in secret,
with no information given to any of their families.
320. The Special Rapporteur was also informed that the faceless judge system
had been abolished in October 1997.
321. The Special Rapporteur transmitted two urgent appeals to the Government
of Peru, in which he urged the authorities to take all necessary measures to
protect the right to life and physical safety of the following persons:
(a) Javier Diez Canseco, a member of Congress from the United Left
party, who was reportedly shot at by a group of heavily armed men as he was
driving to Lima international airport. The assailants identified themselves
as police officers and released him and the other occupants of the vehicle
after questioning them. Javier Diez Canseco was said to have publicly
advocated a negotiated peaceful solution to the crisis between the Government
and the MRTA (24 March 1997);
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(b) Edmundo Cruz, a journalist, and Heriberto Benitez Rivas, defence
counsel for an Army Intelligence Service agent allegedly tortured by members
of the same service, after receiving death threats (28 April 1997) .
322. In addition, the Special Rapporteur transmitted allegations concerning
violations of the right to life of the following persons: Mariela Lucy
Barreto Riofano, whose body was discovered in Lima on 26 March 1997 and showed
signs of torture. The suspects were alleged to have been members of the Army
Intelligence Service. The victim had reportedly given the media valuable
information on human rights violations committed by the Army Intelligence
Service and Grupo Colina; Nicol s Carri6n Escobedo, who was killed on
23 August 1996 by members of the army, in the settlement of Uruspampa,
Sanchez Carri6n, Libertad; and Jorge Chavez Espinoza, who died in August 1996
in Monz6n, Huamlies, Huanuco, after being tortured by members of the army.
Communications received
323. The Government referred to the case of Juan Luna Rojas. The Special
Rapporteur had transmitted an urgent appeal on his behalf in September 1992,
after an attempt had been made to abduct him. The Government reported that
the facts had been established and that nothing had been heard from the
complainants since 1992. The Government asked that the case be closed
(14 February 1997) .
324. With reference to the threats against Javier Diez Canseco, a copy was
provided of the report prepared by the National Human Rights Council,
according to which the facts were being investigated and there was no evidence
to prove that the suspects were members of the security forces. The
investigations showed that it was a case of common crime (14 February 1997) .
It was later indicated that the 31st Provincial Procurator of Lima had ordered
an extension of the police investigation into the allegations brought by the
member of Congress (16 and 18 June 1997) .
325. With regard to the death of Mario Palomino Garcia, transmitted to the
Government in 1996, the latter reported that the suspects in the case, a
lieutenant and three junior officers of the National Police, had been dropped
from the force as a disciplinary measure, and were being tried in the
14th Provincial Criminal Court of Lima for the offences of abuse of authority
and disobedience. The criminal proceedings are under way (27 May 1997) .
326. In addition, with regard to the death of Francisco Diaz Mansilla, the
High Council of Military Justice of Peru heard an appeal filed in the homicide
trial of a junior officer in the National Police. The case was settled on
8 February 1996 and the accused sentenced to a year in prison (27 May 1997) .
327. It was stated that judicial proceedings were under way against a
National Police officer for the offence of abuse of authority and the death of
Kissinger L6pez Ruiz. The defendant was discharged as a disciplinary measure
(4 June 1997) . The 13th Criminal Division of the Supreme Court of Lima
sentenced the police officer responsible for the death of Jos& G6mez Alcazar
to five years in prison for voluntary manslaughter. Three colonels and a
major in the National Police were reportedly responsible for the death of
Percy Nima Seminario (4 June 1997) .
E/CN. 4/1998/68/Add.1
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328. It was also reported that the High Council of Military Justice had
granted amnesty to the person accused of attacking Ulises Espinoza Sanchez
and R.P. Fidelius Pezzet and declared the case closed (16 June 1997) . The
Special Rapporteur had transmitted an urgent appeal on their behalf in
April 1994.
329. With regard to the urgent appeal on behalf of Edmundo Cruz and
Heriberto Benitez, neither of them was reported to have filed a criminal
complaint in connection with the alleged threats against them (16 June 1997) .
330. The Special Rapporteur was also informed that, by decree
of 4 October 1997, the state of emergency had been extended for a period
of 60 days in the provinces of Coronel Portillo and Padre Abad in the
Department of Ucayali and the province of Puerta Inca in the Department of
Hu nuco (22 October 1997) .
Observations
331. The Special Rapporteur thanks the Government of Peru for its replies and
for its willingness to cooperate with his mandate. Nonetheless, he regrets
that the Government has not replied to the allegations concerning the attack
on the Japanese Embassy in Lima. He calls on the authorities to undertake
the necessary investigations in order to establish whether there was any
illegality in the conduct of the armed forces in that connection. He
reiterates the obligation of all Governments 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
families of the victims. He welcomes the decision to end the system of
faceless judges, whose ability to guarantee the rights of persons on trial
under their jurisdiction had been vigorously questioned.
Philippines
Information received and communications sent
332. The Special Rapporteur transmitted three urgent appeals to the
Government of the Philippines. Two urgent appeals were transmitted after the
Special Rapporteur had been informed that death threats were received by
judges and lawyers in connection with their involvement in the prosecution
of police officers in the Kuratong Baleleng case. This case, which was
transmitted to the Government by the Special Rapporteur during 1996, involved
the killing of 11 suspected bank robbers in May 1995 while in the custody of
the police. In both appeals, the Special Rapporteur requested the Government
to inform him of investigations carried out by competent authorities and of
the steps taken to ensure effective protection of the right to life and
physical integrity of the threatened persons.
333. The first urgent appeal was sent on behalf of Jos& Manuel I. Diokno,
Vice-Chairman of the Free Legal Assistance Group (FLAG) , Efren C. Moncupa,
member of FLAG's Executive Committee, Arno V. Sanidad, Deputy Secretary of
FLAG, Alexander A. Padilla, Regional Coordinator of FLAG for Metro Manila,
Theodore 0 Te, member of FLAG, Lorenzo R. Tanada III, human rights lawyer,
Wigberto R. Tanada Jr., human rights lawyer, and Francis P.N. Pangilinan,
E/CN.4/1998/68/Add. 1
page 85
human rights lawyer, after they had reportedly received death threats from
individuals connected to the Philippine National Police and loyal to the
accused in the Kuratong Baleleng case (7 February 1997) .
334. The second appeal was sent on behalf of Senator Paul Roco, Chairman
of the Senate Committee on Human Rights and Social Justice, Justices
Francis Garchitorena and Jos& Balajadia of the Sandiganbayan (Anti-Corruption
Court) after they had reportedly received death threats, the language of
which strongly suggested that the authors might be members of the Philippine
National Police (3 March 1997) .
335. The Special Rapporteur also transmitted an urgent appeal on behalf
of 140 indigenous families from the Suminao Clan in Kamagumayan, Impasugong,
North Mindanao, who had reportedly been harassed and intimidated since
November 1996 because of their claim to ancestral land. The Special
Rapporteur was informed that Benjie Abao, referred to as the leader of the
Suminao Higaonon Tribal Association, Undo Gulmba and Juvy Mepana died during
an attack by members of the ‘ blue guard” of the Baula family, the current
local landlords, in cooperation with military and police who demolished their
settlements. In this context, fears had been expressed for the life and
physical integrity of the 140 families who were still facing the demolition of
their settlements (13 August 1997) .
Communications received
336. Following the Government's reply dated 1 November 1996, the Special
Rapporteur was provided with further information on the procedure followed
by the Philippine authorities in the investigation and prosecution of those
responsible in the Kuratong Baleleng case. The Government emphasized that
the responsible agencies have fully and expeditiously acted on the alleged
extrajudicial executions involving Kuratong Baleleng gang members within the
confines of the criminal justice system in the Philippines. The Government
also states that the case is still sub ludice (21 January 1997) .
Follow-up
337. In his follow-up communication, the Special Rapporteur sought further
clarification with regard to the Kuratong Baleleng case, after the source
of the information brought once again to his attention that as a result of
inaction of the government prosecutors, two years after the killing of
13 members of the Kuratong Baleleng gang none of the persons responsible had
been brought to trial. The Special Rapporteur requested to be kept informed
of further progress made in the case and of any disciplinary measures or
administrative sanctions imposed on the accused.
338. With respect to the case of Gary Dalayhon, in response to which the
Government had indicated that information could be obtained directly from the
Philippine National Police, the Special Rapporteur requested the Government to
summarize the available information by way of responding to the questions
posed in his letter.
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Poland
Information received
339. The Special Rapporteur was informed that a new Penal Code abolishing the
death penalty for all crimes will come into effect on 1 January 1998.
Romania
Information received and communications sent
340. The Special Rapporteur is concerned about cases of the misuse of
firearms by law enforcement officials. Several persons were allegedly killed
at the time of their arrest. The Special Rapporteur deplores the fact that
some provisions of the Romanian Police Organization and Operation Act are not
in keeping with the United Nations Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials. Article 19 (d) of Act No. 26/1994 thus
authorizes a police officer to use force or a firearm ‘ to arrest an offender
caught in the act of committing a crime, trying to escape and not obeying
orders to stop” .
341. The Special Rapporteur drew the attention of the Romanian Government to
the allegations he had received about violations of the right to life of the
following persons:
(a) Marius Christian Palcu, shot in the back by two policemen on
2 May 1996;
(b) Mircea Muresul Mosor, aged 26, a member of the Rom community,
allegedly killed by a policeman who was trying to arrest him on 9 May 1996
in Maruntei, a village in southern Romania;
(c) Nicolae Sebastian Balint, allegedly killed by police officers at
Baile Herculane on 9 January 1995 when he was caught trying to steal a car.
Observations
342. The Special Rapporteur regrets that no reply from the Government had
reached him at the time this report was finalized. He requests the Romanian
authorities to have impartial and in-depth inquiries carried out in order to
shed light on the situation and establish the facts and to ensure that any
police officer suspected of having used firearms abusively is brought to
justice. The Special Rapporteur also recommends that the Government should
amend article 19 (d) of Act No. 26/1994 to bring it into line with the
United Nations Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials.
Russian Federation
Communications received
343. The Government provided the Special Rapporteur with replies to several
communications sent during 1996.
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344. Regarding the case of Natalya Alyakina, a journalist reportedly killed
on 17 June 1995 near Budennovsk, the Government informed the Special
Rapporteur that the responsible member of the armed forces was prosecuted for
contravention of the rules on the use of weapons which led to the victim's
death, and was sentenced to two years' imprisonment subject to probation for a
term of one year (25 November 1996) .
345. In response to the case of Ashot Shakhnazarian, the Government reported
that the Military Procurator's office closed the case on 15 July 1996 because
of the absence of a corpus delicti . It was decided that the members of the
armed forces, which were carrying out a military exercise under conditions of
armed conflict, had made lawful use of their weapons. The members of the
armed forces in the helicopter, having received information to the effect that
members of the Chechen armed formations were moving about the area in Kamaz
trucks, opened warning fire with light weapons with a view to halting the
truck and checking to whom it belonged. When the truck continued even after
further warning fire, the truck was fired upon in accordance with the
instructions of superiors. The driver of the truck died as a result.
346. Regarding the seven unidentified individuals who were reportedly killed
on 19 March 1996 in Samashki by Russian armed forces during a house search,
the Government stated that no evidence was found of intentional killing.
347. The Government also informed the Special Rapporteur that it considered
that the deaths of the 28 persons in Roshni Chu on 8 October 1995, the
267 unidentified persons in Gudermes between 14 and 24 December 1995 and the
some 200 unidentified persons in Samashki between 14 and 20 March, reportedly
resulting from indiscriminate and disproportionate attacks by Russian armed
forces, were a tragic consequence of military operations (27 December 1996) .
348. In response to the Special Rapporteur's follow-up communication
of 1 September 1996, he was informed that, in order to verify the allegations
concerning the events of 7-8 April 1995 in the village of Samashki, the
Military Procurator's office of the Russian Federation had opened criminal
proceedings on 27 April 1995. The Special Rapporteur was further informed
that before undertaking concrete measures against settlements in Chechnya in
cases where the use of force was envisaged, the federal forces always created
humanitarian corridors to facilitate the civilian population's egress from the
conflict zone. With regard to the case of Sergei Tamarov and one unidentified
person killed on 23 March 1995 when their car was reportedly attacked by a
Russian helicopter in the town of Tsotsin-Yurt, the Government noted that this
incident was a tragic consequence of military operations.
349. In response to the Special Rapporteur's follow-up communication,
the Government also provided statistics on the use of the death penalty.
According to this information, in 1996, 86 persons were executed, all
sentenced to death between 1989 and 1994. In January 1996, 14 persons were
executed, in February 15, in March 6, in April 23, in May 17, in June 3, in
July 7 and in August 1. The Special Rapporteur was further informed that the
State Duma of the Federal Assembly of the Russian Federation was examining a
bill for a moratorium on the death penalty (27 December 1996) .
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Observations
350. The Special Rapporteur wishes to thank the Government for the replies it
provided.
351. The Special Rapporteur is appalled at the deliberate killing of
humanitarian workers in the Chechen Republic in December 1996. Moreover, he
is distressed at allegations of public executions which allegedly took place
in the Chechen Republic of the Russian Federation following the adoption of a
new Criminal Code reintroducing Shari'a law into the judicial practice of the
Chechen Republic. These executions are in contradiction to Protocol No. 6 to
the European Convention for the Protection of Human Rights and Fundamental
Freedoms which the Russian Federation signed, thereby committing itself to the
abolition of the death penalty.
Rwanda
Information received and communications sent
352. The Special Rapporteur is concerned about the deterioration in the human
rights situation in Rwanda since November 1996, when half a million Rwandan
refugees in Zaire returned home. According to the information received, there
have been many massacres of civilians, with about 6,000 deaths since the
beginning of the year. The Special Rapporteur was also informed that the
massacres were attributed variously to the Rwandan Patriotic Army (APR) , the
Interahamwe militia or ex-members of the predominantly Hutu former Rwandan
armed forces. The regions most affected by the killings are those in the
north-west, Ruheng&ri and Gisenyi.
353. For an in-depth analysis of the human rights situation in Rwanda, the
Special Rapporteur refers to the report (E/CN.4/1998/54/Add.1) submitted to
the Commission on Human Rights by the Special Representative on Rwanda,
Mr. Pierre Moussalli, and to the reports submitted by the Office of the
United Nations High Commissioner for Human Rights in Rwanda to the
General Assembly and the Commission on Human Rights.
354. In an urgent appeal sent on 23 January 1997, the Special Rapporteur said
that he was concerned about the way in which some trials for genocide and
crimes against humanity were being conducted. According to the information
received, the provisions relating to a fair trial and the principles of the
independence of the judiciary are not being respected, some accused do not
have access to a lawyer and restrictions are being imposed on their ability
to call and question witnesses. The urgent appeal was sent jointly with
the Special Rapporteur on the situation of human rights in Rwanda,
Mr. Degni-S&gui, the Special Rapporteur on questions relating to torture
and the Special Rapporteur on the independence of judges and lawyers.
355. In conjunction with the Special Rapporteur on the situation of human
rights in Rwanda, the Special Rapporteur transmitted a communication to the
Government expressing his indignation following the murder of five members of
the human rights operation in Rwanda on 4 February 1997. Since the persons
who committed these crimes have not yet been identified, the Special
Rapporteur requested the Government to find them and bring them to justice.
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Observations
356. The Special Rapporteur regrets that he has received no reply to the
allegations transmitted. He urges the Government to prevent any excessive use
of force and to conduct exhaustive and impartial investigations into these
executions, to identify those responsible and to bring them to justice. He
also requests it to guarantee the rights of the families of the victims to
adequate compensation.
357. The Special Rapporteur welcomes the fact that the first trials of
persons accused of having taken part in genocide and other crimes against
humanity opened in Rwandan courts in December 1996 and in the International
Criminal Tribunal in Arusha in January 1997. He nevertheless regrets that
61 death sentences have been handed down by Rwandan courts without full
assurances of international guarantees of a fair trial. Although the recent
establishment of a bar association in Rwanda is to be welcomed, there is deep
concern about the fairness of the trials being conducted. The Special
Rapporteur takes this opportunity to point out that the United Nations Human
Rights Committee regards any sentence of death resulting from a trial which
does not respect the minimum guarantees provided for by article 14 of the
International Covenant on Civil and Political Rights as a violation of the
right to life. The growing insecurity and the increase in fighting between
the Rwandan army and armed groups once again raise the question of the
prevention of massacres, the protection of the right to life of all members of
the civilian population without distinction and the need to break the cycle of
violence in the country once and for all.
Senegal
Communications received
358. The Government replied to the allegations that the Special Rapporteur
transmitted to him in 1996 concerning the following persons:
(a) Youba Badji, political officer of the Casamance Democratic Forces
Movement (MFDC) , was reportedly arrested, tortured and killed on
24 January 1995 by soldiers in his village of Aniak. According to the
Government, the results of the investigation showed that Y. Badji was known,
because he had been arrested several times in connection with MFDC activities
and finally joined the armed wing of the Movement and took refuge in the
village of Dji&gui near San Domingo in the Republic of Guinea-Bissau. He is
said to have died as a result of an illness;
(b) Bakari Diedhiou died in Bouloum on 19 February 1995 following the
torture to which he was subjected during his arrest by soldiers. The
Government informed the Special Rapporteur that B. Diedhiou was allegedly
involved in the murder of Bacary Sane, a rural adviser killed in Bouloum by
members of the resistance. B. Diedhiou reportedly went underground for fear
of reprisals by villagers. His death, which has not been confirmed, could
only have been the result of clashes between members of the army and members
of the independence movement;
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(c) Ariice Sambou, former employee of a hotel in Ziguinchor, arrested
and killed in Niaguis in April 1995 by soldiers who suspected her of
connivance with the independence forces. According to the Government,
Ariice Sambou, known as Amy, is well known as a female supporter of MFDC. She
went to live in Kand&, where she headed the women's branch of MFDC. She was
arrested in 1992 and then amnestied and reportedly left Ziguinchor to take
refuge in Gambia.
359. The Government informed the Special Rapporteur that, as far as these
three cases were concerned, no arrest had been made of persons with these
names (23 January 1997) .
Observations
360. The Special Rapporteur is concerned about the escalation of violence in
the Casamance region and the danger to the civilian population created by the
increase in armed clashes and the laying of anti-personnel mines. He requests
the authorities to carry out impartial and in-depth inquiries to shed light on
all allegations of violations of the right to life committed in Casamance.
The rights of the victims and their families to truth, justice and adequate
compensation must be respected.
Singapore
Information received and communications sent
361. The Special Rapporteur transmitted one urgent appeal to the Government
of Singapore on behalf of Lee Teck Yeong, who was reportedly sentenced to
death on 25 October 1996 for trafficking in drugs and was expected soon to be
executed. It was reported that Lee Teck Yeong decided not to appeal against
his sentence (24 February 1997) .
Communications received
362. In response to the urgent appeal sent on behalf of Lee Teck Yeong, the
Government informed the Special Rapporteur that the procedure for lodging
appeals, and particularly the time limit for filing of notices of appeal, are
carefully explained to every prisoner by the prison authorities immediately
upon admission to the prison. As a matter of practice, every prisoner who has
been sentenced to death is asked by the prison authorities to file a notice of
appeal. However, under Singapore law, persons who have filed appeals have the
freedom to withdraw their appeals if they so wish. No person is forced to
prosecute an appeal or to continue with an appeal against his will. The
Special Rapporteur was also informed that Lee Teck Yeong had the benefit of
legal advice at the time when he decided to discontinue his appeal
(9 May 1997) .
363. The Government also provided the Special Rapporteur with comments on
paragraph 438 of his report to the fifty-third session of the Commission on
Human Rights (E/CN.4/1997/60/Add.1), containing the Special Rapporteur's
observations on Singapore. The Government of Singapore stated that its Misuse
of Drugs Act was in line with international standards, including the
Safeguards guaranteeing protection of the rights of those facing the death
penalty. In this context, the Government explained that drug trafficking is
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considered by the international community as a ‘ most serious crime”, its
effects in terms of human suffering and social costs on society as a whole
being horrendous. Further, the Government stated that it was not factually
correct to state that the Misuse of Drugs Act does not provide sufficient
guarantees for the presumption of innocence for persons charged with
trafficking in drugs. An inherent safeguard exists in section 17 of the Act,
under which it must first be proved that the accused had in his possession a
controlled drug in excess of the quantity specified under the section. It
must also be shown that the accused knew the nature of the particular
controlled drug. Only then does the presumption of trafficking arise, which
can be rebutted by the accused if he can show that the drug in his possession
was solely for his own consumption (27 June 1997) .
Observations
364. The Special Rapporteur continues to be of the opinion that the
presumption of trafficking in drugs in the Misuse of Drugs Act, resulting in a
partial shifting of the burden of proof on the accused, does not provide
sufficient guarantees for the presumption of innocence and may thus lead to
violations of the right to a fair trial and therewith of the right to life,
the crime of drug trafficking carrying a mandatory death sentence. The
Special Rapporteur further shares the view of the Economic and Social Council,
expressed in its resolution 1989/64 of 24 May 1989 entitled Implementation of
the safeguards guaranteeing protection of the rights of those facing the death
penalty”, that Member States should take steps to ensure mandatory appeals in
all cases of death penalty.
Spain
Information received and communications sent
365. The Special Rapporteur transmitted complaints to the Government of Spain
about violations of the right to life of Rosa Zarra Mann, who died in
Donostia on 22 June 1995 after being hit in the stomach by a rubber bullet
fired by an officer of Ertaintza (Autonomous Basque Police) , and of
Josu Zabala Salegi, whose body was found with a bullet hole in the chest on
27 March 1997 near the district of Itsaspe, Itziar, Guipiazcoa.
Information received
366. With regard to the death of Josu Zabala, the Government reported that
the investigation was carried out by Eibar Criminal Investigation Court No. 1.
The proceedings conducted and the autopsy report contain no indication that
the case is one of murder and no information from the exhaustive investigation
carried out points to anything but suicide (22 October 1997) .
367. As to the death of Rosa Zarra Mann, the Special Rapporteur was informed
that the criminal proceedings were dismissed after it was determined by the
court that there was no connection between the rubber bullet wound and the
death of Rosa Zarra Mann. However, according to the investigations conducted
by the Autonomous Basque Police and reported to the Institutions and Interior
Commission of the Basque Parliament, it appears that the most probable cause
of the wound was a ricochet from one of the rubber bullets (27 October 1997) .
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Sri Lanka
368. The Special Rapporteur undertook a visit to Sri Lanka from 25 August
to 5 September 1997 to examine in situ the situation of the right to life.
His findings, conclusions and recommendations with regard to the visit can be
found in the second addendum to his report to the Commission on Human Rights
(E/CN.4/1998/68/Add.2). Communications between the Special Rapporteur and the
Government concerning the visit are also reflected in this document.
Information received and communications sent
369. During the period under review, the Special Rapporteur transmitted
allegations regarding violations of the right to life of the following
persons:
(a) Krishanthy Kumaraswamy, Rasammah Kumaraswamy, Prenaban
Kumaraswamy, aged 16, and Kirupaharan Sithamparan, allegedly killed by members
of the armed forces in Jaffna. According to the information received,
Krishanthy Kumaraswamy was taken into custody on 7 September 1996, gang-raped
and then killed. Her mother, her brother and a friend of the family
reportedly disappeared the same day when they went to search for her. Their
bodies were reported to have been discovered in shallow graves approximately
1 months later;
(b) Suppiah Rasendiram and Arumugam Subramaniam, reportedly killed on
23 February 1996 in Kanniya, Trincomalee, by members of the armed forces who
had stopped them together with two colleagues when the four of them were on
their way home from work;
(c) JII employee of the Jaffna Teaching Hospital and an employee of the
Jaffna Municipal Council, reportedly shot and killed on 1 October 1996 by
members of the armed forces at the army checkpoint at Thattatheru in Jaffna
town;
(d) Naresh Rajadurai, reportedly taken into custody by members of the
Special Task Force of Sri Lanka in Colombo on 26 June 1996. His body was
reported to have been found some weeks later;
(e) A young Tamil woman, who reportedly died as a result of injuries
sustained when she was raped and tortured by members of the armed forces on
30 July 1996 in Madduvil, Jaffna;
(f) A father and his daughter, reportedly stabbed to death by members
of the armed forces on 7 August 1996 in Kalvayal, Thenmarachy. It was also
alleged that the daughter was gang-raped before she was killed;
(g) A student, reportedly gang-raped and stabbed to death on
15 August 1996 by members of the armed forces in Madduvil.
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Swaziland
Information received and communications sent
370. The Special Rapporteur transmitted an urgent appeal on behalf of
officials of the Swaziland Federation of Trade Unions (SFTU) and other trade
union activists, after he had been informed that on 3 February 1997, in the
context of a trade union-led national strike which began that day, at least 23
executive and ordinary members of the SFTU had been severely assaulted by
police and military officers when they were leaving a trade union meeting. In
the light of this incident and an alleged announcement by the Prime Minister
that he had ordered the police to ‘ shoot to kill” to maintain law and order
during the strike, fears had been expressed for the right to life and physical
integrity of SFTU officials and other trade union activists (7 February 1997) .
Tal ikistan
Observations
371. The Special Rapporteur reiterates his interest in conducting a visit to
Tajikistan and regrets that no response was received in this regard despite
several requests made in 1994 and 1996.
Thailand
Information received and communications sent
372. The Special Rapporteur transmitted to the Government of Thailand
allegations regarding the violation of the right to life of the following
persons:
(a) Reportedly killed by members of the armed forces of Myanmar in
attacks on refugee camps in Thailand: Ei Pyin, Ai Pon and U Baw Ga, in or as
a result of the attack on Karenni refugee camp No. 2 on 3 January 1997;
(b) Reportedly killed by members of the Democratic Karen Buddhist Army
(DKBA) , a Karen militia group alleged to be backed by the State Law and Order
Restoration Council (SLORC) , in attacks on refugee camps in Thailand:
one unidentified person, reportedly a Thai trader, during the attack on Don Pa
Kiang refugee camp on 28 January 1997; one unidentified person in the attack
on Hway Kaloke refugee camp on 28 January 1997; Naw Eh G'Lu Pi alias Maw Ywek
Mo, during the attack on Mae La (Beh Klaw) refugee camp on 29 January 1997.
Information received
373. In response to the allegations transmitted to the Government of Thailand
during 1997, the Government stated that the attacks which caused the deaths
under question were carried out by Myanmar troops belonging to the SLORC and
the DKBA. The Special Rapporteur was further informed that the Government of
Thailand did its utmost to try to resolve the situation, including measures
aimed at preventing the violation of Thai sovereignty and further attacks on
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those seeking refuge on Thai territory, the reinforcement of forces protecting
vulnerable areas near the border, the relocation of displaced person campsites
deeper inside Thai territory and the deployment of reconnaissance units to
patrol the areas surrounding the campsites (3 September 1997) .
374. The Government also provided a reply to two cases transmitted during
1996. In response to the case of Thong-In Kaewwattha, the Government
indicated that two suspects were being held in police custody and that the
case had been forwarded to the Public Prosecutor's Office for criminal
prosecution. It was also stated that it was believed that the murder of
Thong-In Kaewwattha was connected with the conflict between him and the
supporters of the Waste Treatment Plant planned to be located in the district,
and that evidence was being gathered so as to enable the arrest of the persons
believed to be behind the murder.
375. In regard to the case of Jun Boonkhunthod, the Government informed the
Special Rapporteur that he had been killed when he tried to escape in the
course of a police operation searching persons involved in cultivating
marijuana. The Special Rapporteur was also informed that since a complaint
was lodged that this action was excessive and that the subject in fact did not
resist arrest, the responsible police officer was placed in custody and
charged with wrongful killing. Furthermore, it was brought to the Special
Rapporteur's attention that Jun Boonkhunthod was an ordinary member, and not a
leader, of the pressure group ‘ Forum of the Poor” (18 March 1997) .
Observations
376. The Special Rapporteur wishes to thank the Government of Thailand for
the replies provided.
Togo
Information received and communications sent
377. The Special Rapporteur communicated allegations to the Government of
Togo concerning the deaths of two persons identified as Mr. Azote,
gendarmerie captain, who was reportedly shot in the back on 27 January 1996
by several bullets fired by members of the Togolese armed forces; and
Mr. Thomas Rupprecht, Counsellor of the German Embassy in Togo, who was shot
by soldiers at a checkpoint on 27 March 1996 when he refused, as a diplomat,
to allow his car to be searched.
Observations
378. The Special Rapporteur regrets that no reply from the Government had
reached him at the time of the writing. He is concerned about the allegations
of summary executions that continue to be made against soldiers and about the
impunity they enjoy.
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Tunisia
Information received and communications sent
379. The Special Rapporteur has received information that violations of human
rights, including violations of the right to life, continue to take place in
Tunisia.
380. The Special Rapporteur has transmitted an allegation to the Tunisian
authorities that Sheik Mabrouk Zran, a journalist and member of the An-Nahda
Movement, who was arrested in 1990, died in prison on S May 1997. He was
reportedly seriously ill and did not receive proper medical care.
Turkey
Information received and communications sent
381. It was brought to the Special Rapporteur's attention that, in the
context of the conflict between the Turkish authorities and the PKK,
extrajudicial, summary or arbitrary executions continued to occur. According
to the reports received, women and children have not been spared by either
side in the conflict. Since the conflict started, thousands of villages are
said to have been destroyed and over 2 million persons displaced. Methods
used to empty villages have reportedly included killings, disappearances,
sexual violence, devastation of fields and destruction of food stocks. During
the first four months of 1996, 69 villages in the province of Sivas and some
100 in the province of Erzrum were reported to have been evacuated.
382. The Special Rapporteur equally received information concerning human
rights abuses, including killings, committed by members of the PKK and other
armed opposition groups, such as the Turkish Revolutionary Communist Party and
the Turkish Liberation Army of Peasants and Workers.
383. The Special Rapporteur was further informed that in October 1997, the
state of emergency was lifted in Bingol, Bitlis and Batman provinces.
384. In addition, it was brought to the Special Rapporteur's attention that
on 6 March 1997, the Turkish Parliament adopted a law reducing the detention
period for ‘ security detainees”, that is persons held for offences falling
under the 1991 Anti-Terror Law and/or under the jurisdiction of State security
courts. Detention periods for security detainees involved in collective
crimes, i.e. those committed by three or more persons, were reduced from 30 to
10 days in areas under the state of emergency and from 15 to 7 days elsewhere.
Moreover, the maximum detention period for collective criminal offences not
under the jurisdiction of State security courts was reduced from 8 to 7 days
under this law. The law further provides that detainees have a right to legal
counsel after four days of detention.
385. The Special Rapporteur transmitted two urgent appeals to the Government
on behalf of persons who had allegedly received death threats. The first
urgent appeal was sent on behalf of Abdurrahman MQstak, headman of Yesilyurt
village, who filed a petition with the European Commission of Human Rights for
the ill-treatment inflicted by Turkish security forces on villagers in 1989.
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The appeal was also sent on behalf of the villagers who acted as plaintiffs
and witnesses in the case. According to the information brought to the
Special Rapporteur's attention, acts of harassment and intimidation were
committed against them by village guards. In this context it was also brought
to the Special Rapporteur's attention that in March 1994 the villagers were
awarded compensation to be paid by the Government after a friendly settlement
was reached with the Turkish authorities (14 January 1998) . An urgent appeal
was also sent on behalf of Halil Cabir Karacadagli, President of the
Diyarbakir Branch No. 2 of the Tes-Is, the Turkish Union of Energy, Water and
Gas Workers, after he had received death threats on 3 April 1997. According
to the information received, he was arrested on 9 November 1996 by members of
the police, who attempted to intimidate him into acting as a police informer,
but in December 1996 he was reported to be released at the first hearing
before the Diyarbakir State Security Court. Following his release he
allegedly began to receive death threats (28 April 1997) .
386. Moreover, the Special Rapporteur sent an urgent appeal on behalf of
Jamshid Hashemi, an Iranian asylum seeker who was reportedly to be returned to
Iran on 3 or 4 February 1997 because he had failed to register as an asylum
seeker within five days of arrival. Fears had been expressed that if he were
returned to Iran, he would be at grave risk of extrajudicial, summary or
arbitrary execution in view of the fact that several members of his family
were reportedly executed in Iran and he was reported to be sought by the
authorities for distributing pamphlets produced by the organization Iranian
People's Fedayan. The Special Rapporteur requested the Government of Turkey
to refrain from expelling him (3 February 1997) .
387. In addition, the Special Rapporteur transmitted allegations regarding
the violation of the right to life of 23 persons. The following persons were:
(a) Reportedly killed while in custody: Mahmut Onerardi, whose
mutilated body was reportedly found on 23 December 1996 near Adiyaman after he
had been taken into custody for questioning by three police officers in Lice
on 8 December 1996; Atilla Korkmaz, whose mutilated body was reportedly found
on 23 December 1996 near Adiyaman, after he had been taken into custody on
9 December 1996 in Diyarbakir; Tevkif Kusum, whose body was reportedly found
on 9 January 1997 near Adiyaman after he had been taken into custody on
24 November 1996 in Diyarbakir; Eyup Karabay and Mahir Karabay, whose bodies
were reportedly found near the village of Narli in Cukurca after they had been
detained on 25 December 1995 by individuals believed to be police officials;
Ridvan Karakoc, whose body was reportedly found on 26 March 1995 after he had
been arrested by members of the Anti-Terror Team on 15 February 1995;
Tahir Ozer and Ali Cetinkaya whose bodies were reportedly found near Malabo
village, Baykan, one week after they were reportedly detained by police
officers in Siirt on 2 May 1996;
(b) Reportedly killed by the police: Cetin Karaloyun, aged 14,
reportedly shot in the head on 9 January 1996 at the Nagazalar police station
in Mersin; Irfan Agdas, aged 17, reportedly shot and killed on 13 May 1996 in
Istanbul by members of the police when he was distributing a political
magazine and tried to escape arrest; Dilan Bayram, aged 2, Berivan Bayram,
aged 6, and their father Omer Bayram, reportedly killed during a raid on their
house on 8 August 1996 in Adana; Hanifi Gurcan, whose body was reportedly
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found on 14 January 1996 on the road to Nusaybin close to the Ucyol
gendarmerie post, after he had allegedly been threatened by the police not to
go to Nusaybin and who disappeared on 9 January 1997 after having left for
that town;
(c) Reportedly killed by members of the armed forces: Yavuz Gulden,
whose body was reportedly found between Kulp and Lice after he had been
abducted on 2 May 1996; Abdullah Canan, whose mutilated body was reportedly
found on 21 February 1996 on the Esendere road and who had allegedly been
abducted on 17 January 1996 between Yuksekova and Hakkari by members of the
armed forces belonging to the Yuksekova Mountain Commando team;
(d) Reportedly killed by village guards: Ahmet Atug, Sukru Demir,
JIIdulkadir Demir, Husnu Dilmen and Hetti Algan (female) , reportedly killed in
May 1995 by village guards when they were on their way back to Budalki after
having been briefly detained by members of the armed forces. According to the
information received, in April 1995, following the killing of a son of a
village guard leader in Midyat by PKK members, village guards burned down
several houses in Budakli and threatened to kill the villagers unless they
became village guards;
(e) Reportedly killed by members of the Special Operations Team:
Mehmet Nezir Akinci, reportedly shot dead on 24 August 1995 in Budakli;
Osman Acar, reportedly killed on 31 August 1995 at a checkpoint near Budakli.
Communications received
388. The Government provided the Special Rapporteur with replies to
allegations transmitted during 1996 as well as to urgent appeals and
allegations transmitted during 1997.
389. In response to allegations transmitted during 1996, the Special
Rapporteur was informed of the following. With regard to the case of
Mustafa Dolek, the Special Rapporteur was informed that the case was
sub ludice and that he had died as a result of a wound caused by a gun which
exploded during a struggle between him and a police officer. With regard to
the cases of Abdullah Ilhan, Neytullah Ilhan, Halim Kaya, Ahmet Kaya,
Ramazan Nas, Ali Nas, Besir Nas and four unidentified persons, the Government
reported that they had died in an attack by members of the PKK on the minibus
in which they were travelling and that the case was sub ludice . The victims
of this attack were stated to be Abdullah Ilhan, Neytullah Ilhan, Halit Kaya,
Ahmet Kaya, Ramazan Oruc, Ali Nas, Besir Nas, Abdulhalim Yilmaz, Hamit Yilmaz,
Mehmet Oner and Lokman Ozdemir (27 November 1996) . The Special Rapporteur was
also informed of compensation provided to the families of Yilmaz, Ozdemir, Nas
and Oner (17 January 1997) . Regarding Selahattin Ekin, Haci Yusuf Daloglu,
Kadriye Osay and one unidentified person, the Special Rapporteur was informed
that they had died in clashes with the police during an operation conducted
against the PKK. In response to the case of Mehmet Senyigit, the Government
stated that he had died in a clash with the police (28 November 1996) . With
regard to the case of Seyhmus Yavus, the Special Rapporteur was informed that
no information was found on this incident and that no village named Kuslukbagi
exists in Sirnak province (24 January 1997) .
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390. In response to allegations transmitted during 1997, the Government
informed the Special Rapporteur of the following. The cases of
Abdullah Canan, Atilla Korkmaz, Ridnan Karakoc and Mehmet Nezir Akinci were
stated to be under investigation. In response to the case of Cetin Karakoyun,
the Special Rapporteur was informed that the case was sub ludice but that it
was established that the victim died as a result of a gun of a police officer
going off accidently. With regard to Irfan Agdas, the Government stated that
he was armed and carried documents of the Revolutionary People's Liberation
Party/Front and was killed when he disregarded warnings by three pursuing
police officers. In response to the cases of Dilan Bayran, Berivan Bayram and
Omer Bayram, the Special Rapporteur was informed that a clash took place
between persons in the Bayram house and police officers who were planning to
search the house and that the clash was stopped by an explosion in the house
after which the three persons were found dead. Regarding the case of
Tevfik Kusun, the Government stated that the victim had no record with the
police. In response to the allegation regarding the violation of the right to
life of Hetti Algan, Ahmet Atug, Sukru Demir, Abdulkadir Demir and
Husnu Dilmen, the Government reported that according to the investigation
conducted, Hetti Algan and Husnu Dilmen were living in Izmir and Ahmet Atug
moved to Nusaybin. Regarding the case of Osman Acar, the Government reported
that Osman Acar was killed by members of the PKK and that the case was
referred to the Diyarbakir State Security Court (26 August 1997) .
391. In response to urgent appeals transmitted during 1997, the Special
Rapporteur was informed of the following. With regard to the urgent appeal
sent on behalf of Jamshid Hashemi, the Government informed the Special
Rapporteur that he was granted refugee status in Spain and that he was allowed
to stay in Istanbul for a period of two months to complete the necessary
procedures (27 February 1997) . In response to the urgent appeal sent on
behalf of Abdurrahman Mustak and other villagers of Yesilyurt, the Special
Rapporteur received background information on a conflict between
Abdurrahman Mustak and Abdullah Madak over the sharing of the compensation
money paid in relation to a decision of the European Commission on Human
Rights.
Follow-up on request for visit
392. The Special Rapporteur reminded the Government that no progress had been
made with regard to a visit to the country requested in 1992 to allow him to
better evaluate the allegations received (30 May 1997) .
Observations
393. The Special Rapporteur wishes to thank the Government for the replies
provided. As the majority of those who died in custody during the past years
were reported to be security detainees, the Special Rapporteur welcomes the
reduction of detention periods and the improved right to legal counsel for
those detainees. The Special Rapporteur also considers the lifting of the
state of emergency in Bingol, Bitlis and Batman provinces to be a positive
development in view of the fact that links were said to exist between the
existence of a state of emergency and persistent impunity in those areas.
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394. At the same time, however, he remains concerned about the violations of
the right to life committed against civilians in the context of the conflict
between the Turkish authorities and the PKK. While recognizing that human
rights abuses including killings of civilians are also committed by members of
the PKK, the Special Rapporteur reiterates that the right to life is absolute
and should be respected even in exceptional circumstances.
395. The Special Rapporteur reiterates his wish to visit Turkey and notes
with regret that this year again no progress was made in this regard.
Turkmenistan
Information received and communications sent
396. The Special Rapporteur transmitted an urgent appeal to the Government of
Turkmenistan on behalf of Gulgeldy JIInaniyazov, who was reportedly imprisoned
after an anti-government demonstration on 12 July 1995. Fears for his life
had been expressed as he was reportedly detained at the maximum security
prison in Ashgabat alongside violent criminals, who had allegedly been incited
by the authorities to harm him (24 February 1997) .
397. The Special Rapporteur also transmitted an urgent appeal on behalf of
Akhmed Sarygulov, Yagshimurad and Armen Nersisyan, who were reportedly
sentenced to death on or around 18 March 1997 by the Supreme Court, acting in
this case as a court of first instance, and who therefore had no right to
appeal to a higher independent body of justice (7 April 1997) .
398. Last, an urgent appeal was sent on behalf of Ashirgeldy Sadyyev, who was
reportedly sentenced to death for drug trafficking on 21 May 1997 by the
Ashgabat City Court. According to the information received, the charge
against him was fabricated allegedly because of his continuing contact with a
government opponent (6 June 1997) .
Ukraine
Information received and communications sent
399. The Special Rapporteur was informed that on 28 August 1997 the Ukrainian
Ministry of Justice reportedly confirmed that 13 executions had taken place in
Ukraine during the first eight months of 1997. One execution reportedly took
place after S May 1997, when Ukraine signed Protocol No. 6 to the European
Convention for the Protection of Human Rights and Fundamental Freedoms. It
had also been brought to the Special Rapporteur's attention that during the
same period, 73 persons had been sentenced to death.
400. The Special Rapporteur transmitted two urgent appeals to the Government
of Ukraine relating to the imposition of the death penalty on persons who had
allegedly been tortured or ill-treated so as to obtain a confession of guilt.
In these communications the Special Rapporteur also reminded the Government
that upon joining the Council of Europe on 9 November 1995 and signing
Protocol No. 6 to the European Convention for the Protection of Human Rights
and Fundamental Freedoms, it committed itself to impose an immediate
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moratorium on executions and to abolish the death penalty. The first urgent
appeal was sent on behalf of Mykola Khokhlich and Aleksey Gaga (14 July 1997),
the second on behalf of Sergey Romanov (25 September 1997) .
Communications received
401. With regard to the urgent appeal sent on behalf of Mykola Khokhlich and
Aleksey Gaga, the Government informed the Special Rapporteur that the men's
guilt was proven and corroborated by witnesses' statements, experts'
conclusions, material evidence and other material in the case file. The
Government also indicated that references at the appeal stage to infringement
of Khokhlich's right to defence and to him having given erroneous testimony
during the preliminary examination were groundless as they were disapproved by
the evidence studied by the court. Lastly, the Government stated that the
exceptional penalty of death was imposed on them in accordance with the
requirements of the law (15 September 1997) .
Observations
402. The Special Rapporteur thanks the Government for the reply provided but
regrets that it does not address the main issue of concern, that is any steps
taken by the Government to impose a moratorium on executions and to abolish
the death penalty, a commitment undertaken by joining the Council of Europe
and signing Protocol No. 6 to the European Convention for the Protection of
Human Rights and Fundamental Freedoms.
United Arab Emirates
Information received and communications sent
403. The Special Rapporteur transmitted an urgent appeal on behalf of
Dananjayan Rajankshan, Mulan Kanomal Dayo Anandan and Syam Sunder Saleesha
Amin, Indian nationals who were reportedly sentenced to death on
30 December 1996 and whose appeals were rejected on 5 July 1997, despite the
fact that ‘ blood money” was paid to the families of the deceased who
subsequently waived the punishment against them (16 July 1997) .
United Kingdom of Great Britain and Northern Ireland
Follow-up
404. The Special Rapporteur transmitted a follow-up communication to the
Government concerning several cases to which the Government had replied
during 1996.
405. Regarding the case of Shiji Lapite, the Special Rapporteur requested to
be informed of the Police Complaints Authority's reasons for not bringing
disciplinary charges against the officers involved in his death. The Special
Rapporteur also expressed his concern that despite the fact that Shiji Lapite
was unlawfully killed, no one was reportedly brought to justice or disciplined
for this crime.
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406. With regard to the cases of John O'Reilly, Dennis Stevens,
Kenneth Severin, Alton Manning, Richard O'Brien, Wayne Douglas,
Leon Patterson, Dermott McShane, Pearce Jordan and Patrick Funicane, the
Special Rapporteur requested the Government to inform him of any further
developments in their respect, as the Government had informed him that these
cases were either being investigated or were sub ludice .
407. The Special Rapporteur also sought further clarification with regard
to the inquest procedure in the United Kingdom and, in particular, the
differences in this procedure between England and Wales on the one hand and
Northern Ireland on the other. The Special Rapporteur asked what the verdict
of ‘ unlawful killing” was in England and Wales, and what was the function of
an inquest if not to express opinions on matters of civil and criminal
liability. Further, he posed the question why the differences between the
inquest procedure in England and Wales on the one hand and Northern Ireland on
the other were considered to be of a procedural nature. Lastly, he requested
to be informed of the reasons for maintaining differences between the two
procedures.
408. With regard to the cases of Mairead Farrell, Daniel Mccann and
Sean Savage, three members of the Irish Republican Army who were shot dead by
members of the British armed forces in Gibraltar in March 1988 and whose cases
were transmitted to the Government by the Special Rapporteur in 1988,
information was requested on the steps taken by the Government of the
United Kingdom in the light of a 1995 judgement by the European court of
Human Rights on this case.
United Republic of Tanzania
Information received and communications sent
409. During the period under review, the Special Rapporteur transmitted two
urgent appeals to the Government. The first urgent appeal was sent on behalf
of Burundi refugees in Tanzania. Fears for their life had been expressed if
they were to be repatriated in the light of the following reports. According
to the information received, 48 refugees, reportedly forcibly returned to
Burundi on 5 January 1997, were arrested upon their arrival in Burundi and
extrajudicially executed the following day. Subsequently, on 10 January 1997,
126 Burundi refugees were reportedly forcibly returned from Tanzania to
Burundi and 122 of them were allegedly shot and killed the same day by members
of the Burundi armed forces (5 February 1997) .
410. The Special Rapporteur also sent an urgent appeal on behalf of
some 100 Zairian nationals when fears were expressed that their life and
physical integrity might be at risk if they were to be returned to Zaire.
Some of them were reported to be prominent members of President Mobutu's
political party, including Sanganira Lugi and Katembo Amri, others were
reportedly known as political opponents or critics of the Alliance of
Democratic Forces for the Liberation of Congo (AFDL) . The Special Rapporteur
had been informed that these Zairian nationals were being held by the
immigration service in the town of Kigoma in Tanzania and that they had been
instructed by the authorities to leave Tanzania by 14 May 1997 and to return
to Zaire (16 May 1997) .
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411. In both urgent appeals, the Special Rapporteur requested the Government
to refrain from returning these persons and to provide him with information
concerning the allegations and the decision taken in that matter.
Communications received
412. In response to the urgent appeal sent on behalf of the some 100 Zairians
held by the immigration department in the town of Kigoma, the Special
Rapporteur was informed that no Zairians had been repatriated until then,
that some 4,000 Zairians, believed to be mostly members of militias, had
voluntarily requested to be repatriated, and that arrangements were being made
to hold consultations on this matter between IJNHCR and the Governments of
Tanzania and the former Zaire (26 May 1997) .
United States of America
413. The Special Rapporteur visited the United States of America
from 21 September to 8 October 1997 to examine in situ the situation of the
right to life, in particular in connection with the death penalty and the use
of force by law enforcement officials. The Special Rapporteur's findings,
conclusions and recommendations with regard to his visit can be found
in the third addendum to his report to the Commission on Human Rights
(E/CN.4/1998/68/Add.3). Also reflected in this document are all
communications between the Special Rapporteur and the Government relating to
the visit.
Information received and communications sent
414. The Special Rapporteur sent 11 urgent appeals concerning death sentences
imposed in the following states: Arizona (1), Georgia (1), Mississippi (1),
Missouri (3) , Oregon (1) , Texas (2) and Virginia (2) . The urgent appeals were
sent on behalf of the following persons:
(a) Sentenced to death after a trial alleged to fall short of
international fair trial standards, including the lack of adequate defence:
Ellis Wayne Felker (13 November 1996) , Richard Zeitvogel (10 December 1996) ,
Joseph O'Dell (31 December 1996) , Roosevelt Pollard (24 February 1997) ,
Joseph Stanley Faulder (30 May 1997), Mario Benjamin Murphy (14 August 1997),
Alan Jeffrey Bannister (3 October 1997) and Kenneth Ransom (16 October 1997) ;
(b) Sentenced to death without resort to the right to lodge a legal or
clemency appeal: Harry Moore (7 May 1997);
(c) Sentenced to death, despite mental retardation:
Ramon Martinez-Villareal (7 May 1997) ;
(d) Sentenced to death, despite being under 18 years of age at the
time of the commission of the crime: Azikiwe Kambule (5 June 1997) .
415. The Special Rapporteur is aware that the following seven persons on
whose behalf he appealed between 2 November 1996 and 31 October 1997 were
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subsequently executed: Ellis Wayne Felker, Richard Zeitvogel, Harry Moore,
Joseph O'Dell, Mario Benjamin Murphy, Alan Jeffrey Bannister and
Kenneth Ransom.
Communications received
416. The Government provided a reply in the form of a description of legal
safeguards provided to defendants in the United States in criminal cases, and
in particular those specific to capital cases, in response to the following
urgent appeals transmitted by the Special Rapporteur: Ellis Wayne Felker
(20 November 1996) , Richard Zeitvogel (10 December 1996) , Roosevelt Pollard
(26 February 1997) , Harry Moore and Ramon Martinez-Villareal (13 May 1997) ,
Joseph Stanley Faulder (4 June 1997), Mario Benjamin Murphy (19 August 1997) ,
Alan Jeffrey Bannister (8 October 1997) and Kenneth Ransom (20 October 1997) .
417. In addition, the Government provided further information on the
following cases:
(a) Joseph O'Dell. The Special Rapporteur was informed that his
execution was stayed by the Supreme Court on 17 December and that on
19 December the Court agreed to review his case. It was explained that his
stay of execution was not related to his claim of innocence, which had been
rejected by all 14 judges who reviewed his case, and that DNA testing had, in
fact, shown a match between the victim's blood and a blood stain found on
O'Dell's jacket (18 December 1996 and 17 January 1997);
(b) Ramon Martinez-Villareal. The Government provided a summary of
the proceedings and subsequently informed the Special Rapporteur that his
execution had been indefinitely postponed pending a hearing by the US Ninth
Circuit Court of Appeals on his petition that he is incompetent to be executed
(20 and 23 May 1997) ;
(c) Harry Moore. The Special Rapporteur was informed that he was
executed as scheduled on 16 May 1997, that his conviction had been subject to
automatic appeal to the Supreme Court of Oregon and that his execution was not
scheduled until that appeal had been concluded. In addition, the Special
Rapporteur was informed that he had had the right to seek executive
commutation of his death sentence to life imprisonment or an executive pardon
(21 May 1997 and 12 June 1997);
(d) Alan Jeffrey Bannister. The Special Rapporteur was informed of
the proceedings and of his execution as scheduled on 22 October 1997
(28 October 1997) ;
(e) Azikiwe Kambule. The Special Rapporteur was informed that he was
no longer facing the possibility of a death sentence as on 16 June 1997 he had
been sentenced to 35 years in prison for carjacking and accessory after the
fact to murder (19 June 1997) ;
(f) Mario Benjamin Murphy. The Special Rapporteur was informed that
he was executed as scheduled on 17 September 1997. It was further emphasized
that, even though the Federal District Court Judge and the Federal Appeals
Court found that Murphy's claim with respect to the Vienna Convention on
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Consular Relations was barred by his failure ever to have raised the claim in
state court, both of the federal courts concluded that Mario Benjamin Murphy
had not been prejudiced by the alleged violation, as he had pleaded guilty to
murder and was represented by competent, retained counsel throughout the trial
proceedings (24 September 1997) ;
418. The Government of the United States of America also provided a reply
to several cases transmitted during 1996. In response to the cases of
JIIthony Baez and Annibal Carrasquillo, the Government indicated that the cases
were under investigation by the Department of Justice. With regard to the
case of Aswon Watson, the Special Rapporteur was informed that the case was
under investigation by the United States Attorney's Office in New York and the
Civil Rights Division of the Department of Justice. The Special Rapporteur
was further informed that concerning the case of Frankie Arzuega no
information was available from the Department of Justice (18 November 1997) .
Uruguay
419. The Government provided a copy of the file in the proceedings against
the police officers charged in the case of Fernando Moroni (27 November 1996) .
In this connection, the Government attached a copy of the judgement in second
instance which was handed down by an appeal court and confirms that three
police officers were tried in connection with the incidents which caused the
death of Fernando Moroni (17 July 1997) .
Venezuela
Information received and communications sent
420. The Special Rapporteur was informed that, from November 1994 to
October 1995, 274 persons died at the hands of State security bodies. It was
also reported that, in many of these cases, police officers killed offenders
and then claimed that clashes had taken place. The security bodies alleged to
be the most involved in human rights violations are the State Police, the
National Guard and the Metropolitan Police. It is noted that the State Police
are apparently responsible for 33 per cent of deaths during the period under
review.
421. The Special Rapporteur transmitted an urgent appeal to the Government
requesting that the necessary measures should be taken to protect the right to
life of Luis Jesias Bello, director of the Apostolic Vicariate's Human Rights
Office in Puerto Ayacucho, Amazonas, who was threatened with death during an
interview at a local radio station with the director of an industrial company
in the area. The Vicariate reportedly launched a campaign on behalf of
various Indian communities in the State of Amazonas, whose members were being
evicted by industrial company officials acting with the acquiescence of the
local authorities.
422. The Special Rapporteur also transmitted complaints to the Government
about violations of the right to life of the following persons:
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(a) Killed by members of the Metropolitan Police: Esteban Alexander
Ugueto in La Pedrera, Carretera Vieja, Caracas-La Guaira, on 26 March 1995;
Jos& Monsalve M&ndez, in Caracas on 10 June 1995; Richard Cordova, in Caracas
on 25 April 1995; and Ram6n Ernesto Parra and Irvin Leonardo Moreno, in
Caracas on 4 May 1997;
(b) Killed by members of the Municipal Police: Jos& Luis
Pimentel Ramirez, who was killed in Caracas on 9 May 1995 by members of the
Sucre Municipal Police;
(c) Killed by members of the Police (no indication of which branch) :
Richard L6pez Plaz, who died at Maracay Medical Centre on 18 March 1995 as a
result of shots fired by the police during an altercation; C&sar Bellavilla,
who died on 7 February 1995 in El Tigre, Anzoategui;
(d) Minors: Wilmara Velasquez, aged 13, died on 10 June 1995 in
San Crist6bal, Tachira State, when members of the police tried to stop a
family fight; Jos& Luis Rodriguez Abreu, aged 16, killed on 3 February 1995 by
members of the Metropolitan Police in Calle Estanque, Coche Parish.
423. The Special Rapporteur also transmitted complaints in connection with
the death of Alexander Arias, who was killed in Caracas on 19 April 1995 by
shots fired by a National Guard officer.
Communications received
424. The Government provided information on complaints transmitted in 1996
and 1997. It reported to the Special Rapporteur that the Office of the
Attorney-General of the Republic had ordered Government Procurator's Office
No. 39 to investigate the case of threats against Alexander Jos& Pimentel
and to take the necessary action to determine who was responsible
(28 November 1996) .
425. In connection with the incidents at La Planta Prison in
which 27 prisoners died, the Government provided a list of the deceased. It
reported that a fire had broken out in cellblocks Nos. 3 and 4; its causes
have not yet been determined, but are being investigated. The case is being
heard by Criminal Court of First Instance No. 16, Public Property Protection
Court of First Instance No. 49 and Permanent Military Court of First Instance
No. 3 in Caracas, since members of the National Guard appear to be involved.
Three members of the National Guard and a warder have been the subject of
judicial measures restricting their freedom because criminal liability appears
to exist (2 December 1996) .
426. With regard to the Colombian national, Jairo Gamboa, the Government
reported that the Guasdalito Sectional Judicial Police's Technical Body had
conducted investigations into the case and that attempts to locate witnesses
had so far been unsuccessful (7 August 1997) .
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Observations
427. The Special Rapporteur thanks the Government for the replies
transmitted. He is concerned about the increase in complaints of violations
of the right to life received by his office. He urges the Government to
investigate alleged violations of the right to life exhaustively and
impartially, to identify the persons responsible for such violations and to
bring them to justice.
Viet Nam
Information received and communications sent
428. The Special Rapporteur sent one urgent appeal on behalf of
Pham Huy Phuoc, Le Minh Hai, Le Duc Canh and Tran Quang Vinh, reportedly
sentenced to death for misappropriation of State funds and deliberate
violation of state regulations for financial management, after the Supreme
People's Court on 31 March 1997 turned down their appeals against the death
sentences imposed on 31 January 1997 (7 April 1997) .
Observations
429. The Special Rapporteur reminds the Government that article 6 of the
International Covenant on Civil and Political Rights, ratified by Viet Nam,
stipulates that the death penalty can only be imposed for the ‘ most serious
crimes”. In addition, paragraph 1 of the Safeguards guaranteeing the
protection of those facing the death penalty states 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
concludes from this that the death penalty should be eliminated for economic
crimes.
Yemen
Information received and communications sent
430. It was brought to the Special Rapporteur's attention that violations of
the right to life continued to occur in Yemen. Impunity enjoyed by the
perpetrators, particularly by the Political Security branch of the security
forces, is reported to be one of the reasons. Some persons were reported to
have been deliberately killed, others were reported to have been shot during
protests and demonstrations during which security forces allegedly used
excessive force.
431. The Special Rapporteur is aware that human rights abuses, including
deliberate killings, have been committed by armed political groups, in some
cases against civilians apparently on the basis of their political affiliation
or religious beliefs.
432. In addition, the Special Rapporteur's attention was drawn to reports
indicating a steady increase in the use of the death penalty since the
establishment of the Republic of Yemen. Hundreds of people were reported to
be on death row. Many of the offences punishable by death are reportedly
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vaguely worded and could easily be misused to convict people engaging in
activities which amount to no more than the peaceful expression of their
conscientiously held beliefs or political dissent, such as the offences
stipulated in articles 125 and 259 of the Penal Code. Article 125 reportedly
provides for the death penalty for ‘ anyone who committed an act with the
intention of infringing upon the independence of the Republic or its unity or
territorial integrity”. Article 259 reportedly prescribes the death penalty
for any Muslim who says or does anything contrary to Islam.
433. The Special Rapporteur transmitted an urgent appeal to the Government on
behalf of Jalal Abdullah al-Rada'i and Abdullah Ali al-Rada'i, who were
reportedly facing imminent execution after they had been sentenced to death by
crucifixion on 11 August 1997 by the Court of First Instance in Al Mukallah.
According to the information received, they had no legal assistance during the
court sessions, a request for a lawyer reportedly having been refused as an
attempt to delay the trial (2 September 1997) .
434. The Special Rapporteur also transmitted the following two alleged cases
of violations of the right to life:
(a) Ahmad Muhammad Naser, reportedly shot and killed on
17 February 1996 by members of the security forces during a demonstration in
Aden held by hotel workers in protest against delays in payment of their
wages;
(b) Ali al-Dahish Aylan, a member of the Nasserist Corrective Party,
an opposition party, reportedly killed on 6 October 1996 in Sana'a. According
to the information received, those responsible for his killing were driving a
military vehicle and one of those responsible was alleged to be a member of
the Republican Guard force.
Observations
435. The Special Rapporteur calls on the Government to investigate all
alleged violations of the right to life, to bring their perpetrators to
justice and to provide compensation to the victims' families. The Special
Rapporteur also urges the Government to take all necessary steps to prevent
future violations of the right to life.
II. OTHERS
Palestinian Authority
Information received and communications sent
436. It was brought to the Special Rapporteur's attention that in certain
detention centres in Gaza and the West Bank, i.e. Jneid and Jericho,
systematic torture and ill-treatment are alleged to be taking place. From
July 1995 to December 1996 at least nine persons were believed to have died in
the custody of the Palestinian security services as a result of torture.
Burning with electric elements and cigarettes, suspension upside-down from a
hook in the ceiling as well as repeated beating were said to have led to the
death of several detainees. It was further reported that, despite the fact
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that investigations were said to have been conducted in some of these cases,
the findings and conclusions of the investigations were never published.
Members of the Palestinian Preventive Security Service (P55) , the Naval police
( bahrivya ) , as well as members of the intelligence service ( mukhabarat ) appear
to have been involved in the reported cases of deaths in custody.
437. In addition, it was reported that in some cases, even when those
responsible for the deaths had been brought to justice, information regarding
the circumstances of the persons' deaths had not been made public. This is
reported to have occurred in the cases of Mahmud Jumayel, who reportedly died
in custody on 31 July 1996 in Jerusalem, and of Azzam Muslah, reportedly
killed while in the custody of the PSS in Ramallah on 28 September 1996.
438. The Special Rapporteur sent urgent appeals on behalf of the following
persons sentenced to death:
(a) Kheireddin al-Bheisi, Faras al-Bheisi and Mohammad al-Bheisi,
reportedly sentenced on 6 March 1997, just 36 hours after their detention, in
a single session, and without the right to appeal (14 March 1997) ;
(b) Major Fathi Freihat, Mahmoud Zayyid and Wael Ghanem, reportedly
sentenced on 3 July 1997 two days after their detention. It was further
reported that their appointed counsel did not appear in court to plead
(8 July 1997);
(c) Fawzi Muhammad Mahmud Sawalha, reportedly sentenced on
12 August 1997. According to the information received, Fawzi Muhammad
Mahmud Sawalha was tortured to extract a confession and his lawyers were
intimidated by the authorities (27 August 1997) .
439. The Special Rapporteur also sent allegations regarding violation of the
right to life of the following persons:
(a) Who reportedly died in custody as a result of torture:
Faiz Hana Kumsiveh on 17 January 1997 in Bethlehem; Muhammad Atwa UIId
al-Majid al- ‘Amur on 21 June 1995 in the Gaza strip; Tawfiq Subaih al-Sawarkeh
on 27 August 1995 in Gaza Central Prison; Yussef Ismail Al Baba on
1 February 1997 in Rafidiyye Hospital following his arrest the same day on
criminal charges and his interrogation by officials of the Palestinian
Military Intelligence; Khaled Isa al-Habal on 11 August 1996 in Ramallah;
(b) Who reportedly died in custody under other circumstances:
Rashid Daoud Rashid al-Fetyani, reportedly killed by a guard in the district
prison of Jericho on 3 December 1996, following an argument which led to a
fight between them;
(c) Yusuf al-Sh&Rawi, who reportedly died on 26 May 1996 of a shot in
the head while being interrogated by a policeman in Gaza;
(d) Riba Nidal Hindi, an 11-year-old girl, reportedly killed in Gaza
during a shoot-out between rival members of the police and the PSS;
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(e) Nahed Mujahed Dahlan, who reportedly died on 7 August 1996 in a
hospital in Khan Yunis after he was found with signs of scars and bruising.
It was reported that the week before his death he was every evening summoned
for interrogation by members of the mukhabarat , who would let him go home
every morning. It was also reported that the autopsy report, which was never
made available to his family, concluded that he had committed suicide;
(f) Hanan Ahmad Mahmoud Qash'am (female), who was reportedly killed on
17 April 1997 when persons alleged to be members of the PSS reportedly fired
without warning on a civilian car five kilometres from the village of Rammoun.
Communications received
440. In response to the urgent appeal sent by the Special Rapporteur on
behalf of Fathi Freihat, Mahmoud Zayyid and Wael Ghanem, the Permanent
Observer for Palestine to the United Nations reported that it was transferred
to the competent authorities in the Palestinian Authority (10 July 1997) .
Observations
441. The Special Rapporteur is concerned about the numerous reports received
regarding the occurrence of deaths in custody, especially when resulting from
torture. The Special Rapporteur urges the authorities to investigate all
alleged violations of the right to life, to bring those responsible to justice
and to provide compensation to the victims' families. The Special Rapporteur
is further concerned about the use of the death penalty after trials alleged
to fall short of international fair trial standards.
Taliban movement in Afghanistan
Information received and communications sent
442. The Special Rapporteur received several reports concerning the death
penalty in the part of Afghanistan under the control of the Taliban movement.
According to the information received, persons were sentenced to death by
Islamic courts set up by the Taliban which are reportedly composed of judges
many of whom are virtually untrained in law. It was reported that such courts
often decide many cases a day in sessions which may take only a few minutes.
Moreover, there are reportedly no provisions for defendants to be assisted by
legal counsel, verdicts are final with no mechanism for appeal and, in
practice, defendants are presumed guilty and have to prove their innocence.
It was also alleged that testimonies and statements of convicts accepting
their sentences before they were carried out, had frequently been extracted
under torture.
443. It was further reported that death penalties were sometimes imposed and
executed on orders of Taliban commanders or Taliban prison guards.
444. In this context, the Special Rapporteur, in a humanitarian spirit,
transmitted a joint urgent appeal with the Special Rapporteur on the situation
of human rights in Afghanistan and the Special Rapporteur on the question of
torture on behalf of Ismail Khan, an opposition general and former governor of
Afghanistan's western Herat province. Ismail Khan, who was reportedly in the
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custody of the Taliban authorities and would be prosecuted by an Islamic court
for his alleged killing of innocent people, was reported not to have access to
a lawyer. Further, fears had been expressed that he might be at risk of
ill-treatment, torture and extrajudicial, summary or arbitrary execution
(2 June 1997) .
445. In addition, the Special Rapporteur, in a humanitarian spirit, sent an
allegation regarding the violation of the right to life of at least 30 male
prisoners, all of them allegedly in their twenties. They were reportedly
taken out of Herat prison and summarily executed on 15 July 1996. It was
reported that a Taliban official had stated subsequently that those persons
had not been executed but had been killed in an armed confrontation. However,
the source reported that, after it had further investigated the case, it
received confirmation that those killed had indeed been prisoners.
Turkish Cypriot community
Information received and communications sent
446. In a humanitarian spirit, the Special Rapporteur transmitted to the
leader of the Turkish Cypriot community the alleged violation of the right
to life of Petros Kakoulli. According to the information received,
Petros Kakoulli was killed by two Turkish soldiers near the United Kingdom
sovereign military base of Dhekelia while he was collecting snails. The
Special Rapporteur was further informed that, according to an eye-witness, the
soldiers shot him twice and then walked closer to kill him with a third shot.
The victim was further reported to be of no danger to the soldiers.
Communications received
447. With regard to the case of Petros Kakoulli, the Special Rapporteur was
informed that the incident should be seen in the context of the very high
tension prevailing in the area. It was brought to the Special Rapporteur's
attention that Petros Kakoulli was fired upon after he had crossed the Turkish
Cypriot cease fire lines, when he refused to heed three verbal warnings to
stop issued by a soldier on sentry duty in the area. It was also stated that
the sentries had no way of knowing the intentions of the intruder. In
addition, the Special Rapporteur was informed that a post mortem examination
carried out in the presence of military and medical officers of the
United Nations Peacekeeping Force in Cyprus revealed that the deceased had
been hit by two bullets, one of which fatally wounded him, both shot from a
distance of approximately 50 metres (16 September 1997) .
448. The leader of the Turkish Cypriot community also provided replies to the
cases transmitted during 1996. The Special Rapporteur was informed that
Ariastasios Isaac lost his life in a clash in which many casualties occurred.
With regard to Solomos Solomou, it was brought to the Special Rapporteur's
attention that it was observed that he fell down the mast which he was
climbing to pull down the Turkish Cypriot flag when warning shots were fired
in the air by members of the police of the Turkish Cypriot community. It was
further brought to the Special Rapporteur's attention that on both occasions
the persons who lost their lives were removed from the territory under its
control and that thus the information requested by the Special Rapporteur was
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not available, including death certificates, autopsy reports or complaints
lodged. It was further stated that no reliable details regarding the causes
of their deaths were available (10 December 1996) .
Observations
449. The Special Rapporteur should like to note that the right to life is
absolute and must be respected even under exceptional circumstances. Further,
in a humanitarian spirit, the Special Rapporteur calls on the leader of the
Turkish Cypriot community to ensure that investigations are carried out into
allegations regarding violations of the right to life, that perpetrators are
brought to justice and that steps are taken to prevent future violations of
the right to life.
