Aadel Collection

Report of the Special Rapporteur, Ms. Asma Jahangir, submitted pursuant to Commission on Human Rights resolution 1998/68

          
          UNITED
          NATIONS
          E
          Distr.
          Economic and Social GENERAL
          Council
          E/CN.4/1999/39/Add.1
          6 January 1999
          Original: ENGLISH
          COMMISSION ON HUMP N RIGHTS
          Fifty—fifth session
          Item 11 (b) of the provisional agenda
          CIVIL AND POLITICAL RIGHTS, INCLUDING QUESTIONS OF:
          DISAPPEARANCES AND SUMMARY EXECUTIONS
          Extrajudicial, summary or arbitrary executions
          Report of the Special Rapporteur, Ms. Asma Jahangir, submitted
          pursuant to Commission on Human Rights resolution 1998/68
          Addendum
          Country situations
          CONTENTS
          Paragraphs Page
          1— 3 4
          I. COUNTRIES . .
          Afghanistan
          Albania . .
          Algeria . .
          Armenia . .
          Azerbaij an
          Bahamas . .
          Bahrain . .
          Belarus . . .
          Bhutan . . .
          Brazil . . .
          4 — 269 4
          4— 7 4
          .. 8— 9 5
          . . 10— 14 5
          .. 15— 17 6
          . . 18— 22 7
          .. 23— 27 8
          . . 28— 35 9
          36 10
          37— 39 10
          40— 46 11
          Introduction
          GE.99—10026 (E)
        
          
          E/CN. 4/1999/39/Add.1
          page 2
          CONTENTS ( continued)
          Paraora hs Paoe
          Eulgaria . . . . . 12
          Eurundi . . . . . . 13
          China . . 14
          Colombia . . . . . 16
          Costa Rica . . . . 22
          Democratic Repub 22
          Egypt . . 24
          Ethiopia . . . . . 25
          France . . . . . . 26
          Germany . . . . . . 26
          Guatemala . . . . . 26
          Honduras . . . . 28
          Indonesia and . . 28
          India . . . . . . 30
          Iran (Islamic ) . 31
          Iraq . 33
          Israel . . . . . . . . . 34
          Japan . . . . . 35
          Kazakhstan . . . . . . . 36
          Liberia . . . . . . . . . 36
          Malaysia . . . . . . . . 36
          Mexico . . . . . . . . . 36
          Morocco . . . . . . . . . 42
          Myanmar . . . . . . . . . 42
          Nepal . . . . . 44
          Nigeria . . . . . . . . . 45
          Pakistan . . . . . . . . 45
          Panama . . . . . . . . . 47
          Paraguay . . . . . . . . 47
          Peru . . . . . 48
          Philippines . . . . . . . 50
          Republic of Korea . 52
          Russian Federation . . . . . 52
          Rwanda . 52
          Saudi Arabia . 54
          Senegal . 55
          Sierra Leone . 55
          Singapore . 56
          Spain . 56
          Sri Lanka . 57
          Sudan . 58
          Tajikistan . 59
          Thailand . 59
          Trinindad and Tobago . . . . 60
          Tunisia . 60
          lic of the
          East Timor
          Republic of
          Congo
          47—50
          51— 52
          53— 57
          58— 63
          64— 65
          66— 71
          72— 75
          76— 79
          80
          81— 82
          83— 88
          89— 91
          92— 97
          98 — 101
          102 — 111
          112 — 118
          119 — 121
          122 — 125
          126
          127
          128
          129 — 162
          163
          164 — 168
          169 — 171
          172 — 176
          177 — 183
          184 — 187
          188
          190 — 193
          194 — 201
          202
          203 — 204
          205 — 211
          212 — 213
          214 — 215
          216 — 219
          220 — 221
          222
          223 — 228
          229 — 231
          232
          233 — 236
          237 — 238
          239
        
          
          E/CN.4/1999/39/Add. 1
          page 3
          CONTENTS ( continued)
          ParaQra hs PaQe
          Turkey 240 - 247 61
          Turkmenistan . 248 - 249 62
          United Kingdom of Great Britain and
          Northern Ireland . . . . . 250 — 253 62
          United States of America 254 — 257 64
          Venezuela 258 - 263 66
          Yugoslavia 264 - 269 67
          II. OTHERS 270 — 271 69
          Palestinian Authority 270 - 271 69
        
          
          E/CN. 4/1999/39/Add.1
          page 4
          Introduction
          1. This addendum to the report on extrajudicial, summary, or arbitrary
          executions describes 62 country situations and gives an account of actions
          undertaken by the Special Rapporteur between 3 Nover er 1998 and
          15 November 1998. It also contains in summary form the replies received from
          Governments to her 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
          her 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 27 May 1998, 18 September 1998, 8 October 1998, and
          23 October 1998, are not mentioned in the report.
          I. COUNTRIES
          AfQhanistan
          4. Communications continued to be received concerning trials resulting in
          the death penalty that lack the minimum safeguards established by
          international law. The Special Rapporteur was informed from various sources
          that in many cases, sitting judges lack sufficient legal training and decide
          cases within a matter of minutes. Furthermore, sources claimed that there are
          no provisions ensuring defendants the right to legal counsel and an
          appropriate judicial appeals process.
          5. For an in-depth analysis of the human rights situation in the country,
          the Special Rapporteur refers to the report submitted by the Special
          Rapporteur on the situation of human rights in Afghanistan to the Commission
          on Human Rights at its fifty-fifth session (E/CN.4/1999/40) .
          Communications sent
          6. The Special Rapporteur sent an urgent appeal to the Taliban authorities
          regarding their takeover of Mazar—I—Sharif and the reported killings resulting
          thereafter. The appeal was on behalf of hundreds of civilians, mainly from
          the Hazara ethnic and religious minority, who were reportedly killed in their
          homes, streets, and detention camps. The communication also addressed the
          deaths of nine Iranian diplomats who were said to be killed in this military
          operation as well as the deaths of many Hazara prisoners who reportedly
          suffocated in metal containers during their transfer to a military base. The
          Special Rapporteur also pronounced her concern for the lives of Hazara Shias
          living in Bamyan, another area seized by the Taliban authorities on
          13 September 1998 (18 Septer er 1998) .
        
          
          E/CN.4/1999/39/Add. 1
          page 5
          Ob 5 Vat on
          7. The Special Rapporteur is dismayed by the reports received in November
          about the discovery of mass graves of Taliban fighters in northern
          Afghanistan. She is further alarmed by the fact that journalists and human
          rights defenders currently have very limited access to this country and that
          they are often subject to reprisals for their reporting. She feels that the
          silence produced by such a situation can only aggravate the impunity being
          practised by both sides of the current conflict in Afghanistan.
          Albania
          Requested visit
          8. The Special Rapporteur transmitted to the Government of Albania a
          request for an invitation to visit the country so as to better assess the
          human rights situation and the allegations and reports that continue to be
          received. Although there were not any individual cases that the Special
          Rapporteur could act upon because of the insufficiency in information
          received, she remains concerned at the persistent allegations of
          extrajudicial, summary, or arbitrary executions (29 Septer er 1998) .
          Ob s e r vat i on s
          9. The Special Rapporteur would like to express her concern about the
          continued reports that she receives about the continued lawlessness and
          impunity in this country, which often lead to the violation of the right to
          life.
          Alqeria
          10. During the period under review, the Special Rapporteur received several
          allegations of violations of the right to life in Algeria. Most worrying is
          the continued reports of massacres of unarmed civilians, including women and
          children. Although these were allegedly committed by insurgent groups, State
          security forces reportedly made no effort to stop or prevent their occurrence,
          even when these forces were said to have been in close proximity to the
          killings or had knowledge of the situation.
          Communications sent
          11. During the period under review the Special Rapporteur transmitted the
          following allegation of violations of the right to life to the Algerian
          Government regarding massacres of which sources claim the authorities were
          notified or were located in close proximity to where they were taking place,
          and which they failed to stop: the killing of at least 200 unidentified
          individuals allegedly killed by attackers in Benthala (Baraki) on the night of
          22/23 September 1997; at least 60 unidentified persons reportedly killed by
          attackers in Sidi Youssef (Beni Messous) on the night of 5 September 1997; up
          to 300 people allegedly killed the night of 28 August 1997 in Sidi Rais; and
          the killings of 412 individuals on the night of 30 December 1997 in Relizane
          province.
        
          
          E/CN. 4/1999/39/Add.1
          page 6
          Communications received from the Government
          12. The Government sent the following corcoeunications to the Special
          Rapporteur:
          (a) The Government replied to the allegations transmitted by the
          Special Rapporteur, asking for clarification in the case of the 15 persons
          reportedly taken from their homes in Ras—El—Oued on 21 July 1994 by military
          personnel and allegedly killed. The Government stated that hearings for this
          case were conducted at the S tif tribunal on 17 June 1997, 22 July 1997, and
          17 September 1997. Representatives of the individuals' families were present
          and several witnesses were heard. The Algerian authorities promised to keep
          the Special Rapporteur notified of any further developments in this case
          (18 December 1997);
          (b) The Government also responded to the Special Rapporteur's joint
          request for a visit to Algeria with the Special Rapporteur on the question of
          torture, stating that owing to previous obligations, the visit would not be
          possible at the proposed time but that the Government would be willing to
          discuss such a visit in March 1998 (10 December 1997) .
          Follow—un
          13. The Special Rapporteur remains interested in visiting Algeria, a
          proposal that was initiated by her predecessor, and hopes that the Algerian
          Government will be amenable to continuing dialogue with her about such a
          visit.
          Ob s e r vat i on s
          14. The Special Rapporteur thanks the Government for its cooperation with
          her mandate and its replies to her communications. Nevertheless, she remains
          preoccupied by the impunity with which paramilitary groups appear to act
          against civilians in the country and suggests that true freedom of the press
          and the ability of human rights groups to act freely in Algeria might
          alleviate some of these problems.
          Armeni a
          15. Allegations have been received by the Special Rapporteur concerning law
          enforcement personnel who have used physical or other means of duress to
          obtain confessions in cases where the offence carries a possible death
          sentence. The Special Rapporteur was also informed that under Armenian Law,
          the death penalty can be applied for economic crimes.
          Communications received from the Government
          16. The Government replied to the follow—up inquiries of the Special
          Rapporteur concerning the case of Rudik Vardanian. The outcomes of the
          proceedings against the accused police officers were detailed in this
          communication. The Government informed the Special Rapporteur that two of the
          police officers, Samvel Jaghinyan and Arthur Atarbeekyan, were convicted on
          charges of abuse of power and discretion. The third police officer,
        
          
          E/CN.4/1999/39/Add. 1
          page 7
          Rouber Antonyan, had been charged with the same offence and his case was still
          pending at the time of correspondence. The Government also mentioned that the
          charges of intentional homicide in aggravated circumstances were dropped
          because of lack of evidence (5 December 1997) .
          Ob s e r vat i on s
          17. The Special Rapporteur welcomed the President's continued de facto
          moratorium on executions and parliament's intention to abolish the death
          penalty through the new Armenian Criminal Code. Both of these acts are viewed
          as representative of the country's commitment to abolition and the Special
          Rapporteur is pleased to see the policies of the Government in harmony with
          the international consensus favouring abolition.
          Azerbaijan
          Communications received from the Government
          18. The Special Rapporteur received a corcoeunication, dated 20 February 1998,
          from the Government in reply to the allegations sent on behalf of
          Rovshan Djadavov, Shamardan Djafarov, and Aypara Aliev.
          19. Concerning the case of Rovshan Djavadov, the Government described in
          detail the events leading up to his death including his attempted coup and
          takeover of the disbanded police unit base. The Government maintained that
          Mr. Djavadov was shot during a skirmish with government troops and died in an
          ambulance on the way to the hospital despite the efforts of doctors. An
          investigation was conducted into the claims that Mr. Djavadov was refused
          medical treatment which found the allegations to be unsubstantiated. The
          Government also refuted allegations that criminal charges had been filed
          against members of Mr. Djavadov's immediate family.
          20. Concerning the death of Shamardan Djafarov, the Government insisted that
          he was wounded by law enforcement personnel during an attempted act of
          terrorism. It further stated that after undergoing emergency surgery,
          Mr. Djafarov was admitted to the infirmary with the authorization of his
          physicians. His condition began to deteriorate and he was transferred to the
          medical facility of the Ministry of Justice where he was placed in intensive
          care. It was in this intensive care unit and under the emergency care of
          doctors that Mr. Djafarov died. Furthermore, all criminal proceedings pending
          against, Mr. Djafarov had been dropped; it had been determined that the
          actions of the police officers involved in the shooting did not constitute a
          crime.
          21. Concerning the death of Aypara Aliev, the Government explained that
          Mr. Aliev was indicted on suspicion of complicity in a crime and was detained.
          During his detention, the Government maintained that his health deteriorated
          for which he received medical treatment, despite which his condition worsened.
          He was then transferred to the medical facility of the Ministry of Justice.
          After being diagnosed with cirrhosis of the liver, Mr. Aliev remained in
          intensive care where he was treated by prominent medical specialists for three
          months. He nevertheless died. The Government refutes
        
          
          E/CN. 4/1999/39/Add.1
          page 8
          allegations that Mr. Aliev died because of a lack of medical treatment. The
          Government further stated that neither Mr. Aliev's relatives nor his lawyer
          had filed any complaints regarding the forensic report or the investigation
          into the matter.
          Ob s e r vat i on s
          22. The Special Rapporteur thanks the Government for the numerous replies
          sent during the period under review. She also commends the Government for
          taking further measures to promote and protect the human rights of its
          citizens.
          Bahamas
          23. Two executions were carried out in the Bahamas during 1998. The
          executions of Trevor Fisher and Richard Woods marked the end of a two—year
          period in which no executions took place. These death sentences were among
          only two others that have been carried out in the past 14 years.
          Communications sent
          24. Two urgent appeals were sent on behalf of Trevor Fisher, who was
          sentenced to death for murder in 1994. The first was transmitted after the
          Special Rapporteur became aware that the execution was scheduled to take place
          despite his pending appeal with the Inter-American Commission on Human Rights
          (1 April 1998) .
          25. The second appeal was sent one day before Mr. Fisher's scheduled
          execution. At that time, the Inter— American Commission on Human Rights was
          still considering his petition. Despite the pending appeal and the requests
          of the Special Rapporteur, Trevor Fisher was executed on 15 October 1998
          (14 October 1998) .
          Communications received from the Government
          26. The Government replied to the urgent appeals sent by the Special
          Rapporteur on behalf of Trevor Fisher. The communication stated that
          Mr. Fisher had been afforded every procedural and substantive due process
          right as guaranteed under the Constitution and laws of the Bahamas. The
          Government also detailed the numerous appeals filed by Mr. Fisher and the
          subsequent dismissals he received from each judicial body. Concerning his
          pending petition with the Inter-American Commission on Human Rights, the
          Government explained that numerous requests to deal with the matter were made
          to the Corcoeission. The Government pointed to the case of Earl Pratt and
          Another v. The Attorney General of Jamaica and maintained that only a
          reasonable period should be accorded to the Inter—American Commission to
          decide particular cases. The Government maintained that Trevor Fisher was
          afforded this and all other legal opportunities to air his grievances
          (17 June 1998) .
        
          
          E/CN.4/1999/39/Add. 1
          page 9
          Ob 5 Vat on
          27 . The Special Rapporteur was concerned to see further executions taking
          place in the Bahamas during 1998. The Special Rapporteur remains concerned at
          the mandatory death sentences for murder convictions and sees this as
          contradictory to the international trend towards abolition of the death
          penalty.
          Bahrain
          28. The Special Rapporteur continued to receive reports of extrajudicial,
          summary or arbitrary executions resulting from the excessive use of force by
          the security forces. The majority of these allegations concerned instances of
          protest, demonstration and religious gatherings. Communications claiming that
          poor sanitation facilities and the denial of proper medical care within the
          prison system had led to deaths were also received during the period under
          review.
          Communications sent
          29. The Special Rapporteur transmitted allegations regarding violations to
          the right to life on behalf of the following three persons:
          (a) Nooh Khalil Al-Nooh, reportedly arrested on 19 July 1998 in
          Manama. His body, allegedly bearing marks of torture, was delivered to his
          family by the Ministry of the Interior two days later;
          (b) Abd Ali Jasim Isa Yousif, a prisoner who died on 8 August 1998
          after reportedly contracting hepatitis while incarcerated and being denied
          adequate medical care during his imprisonment;
          (c) Mohammed Al-Sayyah, who reportedly died on 30 Septer er 1998
          because of injuries inflicted by a member of the police force.
          Communications received from the Government
          30. The Government of Bahrain provided replies to several communications
          sent by the Special Rapporteur in 1997. Concerning the case of Bashir Abdulla
          Ahmed Fadhel, who was allegedly beaten to death by members of the security
          forces, the Government provided autopsy reports and a death certificate that
          identified the cause of death as an overdose of morphine (17 November 1997) .
          31. In its reply to the case of Abdul Zara Ebrahim Abdullah Ebrahim, who
          reportedly died from a severe beating inflicted by security forces, a death
          certificate explaining the cause of death as sickle—cell anaemia was provided
          (17 November 1997) .
          32. The Government also provided an autopsy report and death certificate for
          Ali Mirza Al Nakkas categorically refuting all allegations by the source. The
          information from the Government suggests that he died from a long
          asthma—related illness, was under close medical supervision, was allowed
          family visits, and was buried by his family the day after he died
          (17 November 1997) .
        
          
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          E/CN.4/1999/39/Add. 1
          page 11
          Ob 5 Vat ions
          39. The Special Rapporteur would like to thank the Government for its swift
          and thorough reply. She would also like to commend the Bhutanese authorities
          for implementing and following through with effective practices that prevent
          the violation of the right to life.
          Brazil
          40. The Special Rapporteur was informed that during the past two years, the
          average number of deaths resulting from police action has doubled. Sources
          attribute this to the reported policies of the state government such as
          rewarding police financially for shooting or wounding criminal suspects. The
          deaths have also been blamed on the Government's failure to deal with human
          rights violations. Furthermore, reports have continued to be received
          concerning the extrajudicial, summary or arbitrary execution of human rights
          defenders in the country, street children and persons held in detention.
          Communications sent
          41. The Special Rapporteur transmitted two urgent appeals to the Government
          on behalf of the following persons:
          (a) Vagner Marcos da Silva, members of his family, and other witnesses
          who were planning to testify against the police from the Second Battalion for
          reportedly planting drug paraphernalia and a gun on Mr. da Silva after they
          had shot him twice. It was further claimed that Mr. da Silva was denied
          appropriate medical treatment in the prison hospital where he was detained
          (23 January 1998) ;
          (b) Cecilia Coimbra and other members of the Grupo Tortura Nunca Mais
          (GTNM) who reportedly received numerous death threats and other forms of
          intimidation following their public statements about two generals who were
          said to have corcoeitted numerous human rights violations. These public
          denunciations followed the President's promotion of the two generals. The
          police reportedly refused to offer the members of GTNM protection
          (27 April 1998) .
          42. The Special Rapporteur also sent individual allegations to the
          Government regarding violations to the right to life on behalf of individuals.
          These included Francisco de Assis Araujo, a human rights activist for the
          indigenous population reportedly shot dead on 20 May 1998 because of his vocal
          defence of the land rights of native Kucuru, and Onalicio Araujo Barros and
          Valentin Serra, leaders of the Movement of Landless Rural Workers who were
          reportedly killed on 26 March 1998 during negotiations concerning the
          occupation of land by 500 families.
          Communications received from the Government
          43. The Government transmitted many replies to the Special Rapporteur's
          communications. In response to the urgent action sent on 27 April 1998
          calling for the protection of Cecilia Coimbra and other members of the Grupo
          Tortura Nunca Mais, the Government explained that the Rio de Janeiro Secretary
        
          
          E/CN. 4/1999/39/Add.1
          page 12
          for Public Security had determined that a stronger police presence was needed
          in the area near the GTNM office. Mrs. Coimbra was advised to report to the
          police all information relevant to the death threats. The Government stated
          that all relevant information pertaining to this matter would be submitted to
          the Special Rapporteur (23 July 1998) .
          44. In response to the allegations concerning the case of Vagner Marcos
          da Silva, the Government stated that he was one of the drug traffickers
          involved in an intense exchange of gunfire with the police and was injured at
          that time. Investigations into the matter by the Public Security Secretary
          and the Public Prosecution Service of the State of Rio de Janeiro disproved
          the claims of arbitrary action by the police and Mr. da Silva's innocence.
          The First Criminal Court indicted Mr. da Silva on charges of drug trafficking,
          criminal association and attempted homicide and his trial is now pending
          (12 October 1998) .
          45. Concerning the case of Onalicio Araujo Barros and Valentin Serra, the
          Government informed the Special Rapporteur that the Parauapebas city
          prosecutor had investigated the matter and indicted 25 individuals, including
          two police officers and two military policemen, on charges of qualified
          homicide. Furthermore, the Government stated that in the case of
          Francisco de Assis Araujo, the National Foundation for the Indians had
          appointed one of its technical experts to follow the investigation and hearing
          of witnesses. A lawyer nominated by the Foundation will closely follow the
          case as soon as the legal proceedings begin in the courts (12 October 1998) .
          Ob s e r vat i on s
          46. The Special Rapporteur commends the Government's efforts to improve the
          human rights situation in the country through the establishment of the
          National Human Rights Programme and the National Human Rights Secretariat
          within the Ministry of Justice. She also appreciates the thorough and timely
          replies that have been received during the period under review. She calls on
          the Government to continue acting on its commitment to ensuring the human
          rights of its citizens by instituting the necessary structural reform within
          the governmental bodies that continue to allow impunity for violations. Such
          impunity remains the primary cause for the continued extrajudicial executions
          carried out by police personnel.
          BulQaria
          Communications sent
          47. The Special Rapporteur transmitted an allegation regarding the violation
          of the right to life on 27 May 1998 on behalf of Petar Robert Karandzha, who
          was shot and killed while attempting to escape from a detention facility. The
          actions taken by the police were reportedly disproportionate and unnecessary
          under the circumstances.
          Communications received from the Government
          48. The Government replied to the follow—up inquiries of the Special
          Rapporteur concerning the case of Kostadin Timchev. The reply explained that
        
          
          E/CN.4/1999/39/Add. 1
          page 13
          the recent amendments to the Penal Code of Procedure gave the Regional
          Military Prosecutor's Office the responsibility of conducting investigations
          against police officers. The preliminary inquiry in the case had been
          completed, the defendants brought to court and the case is pending.
          Defendants Markov, Todorov, Stoytchev, Hristov and Dimitrovgrad had all been
          indicted under various charges in connection with the case (26 February 1998) .
          49. The Government also responded to the allegations sent on behalf of
          Petar Robert Karandzha. It stated that after Petar Robert Karandzha pushed
          the security guard and escaped from the building, the police officer followed
          him and repeatedly ordered him to stop. When these orders were not obeyed,
          the officer fired a warning shot into the air and warned that he was going to
          use his gun. The officer then fired two more warning shots into the air and
          when Petar Robert Karandzha failed to stop, the officer fired at him in
          accordance with article 80, paragraph 1, item 5, of the Act of the Ministry of
          Interior. Mr. Karandzha was ircoeediately taken to an emergency medical
          institute but died despite the doctors' efforts. During the investigation
          into the matter, the officer was suspended from work and his gun was taken
          away. Investigations into the matter by the police and the Military
          Prosecutor's Office both found that no crime had been committed by the officer
          (30 October 1998) .
          Ob s e r vat i on s
          50. The Government's prompt replies to the allegations were welcomed
          and viewed as indicative of its commitment to cooperate with the
          Special Rapporteur in carrying out her mandate.
          Burundi
          Communications sent
          51. The Special Rapporteur transmitted an urgent appeal jointly with the
          Special Rapporteur on the situation of human rights in Burundi on behalf of
          Corneille Karikurubu, Liberat Ntandikiye, Jean Berchmans Ngendakimana,
          Joseph Nteziriba, Jackson Hatungimana, Avite Minani, Alphonse Nsabimana,
          Placide Uwimana, Jean Bosco Ndikumana, Karuyi Province, and Anaclet Mukanara,
          allegedly sentenced to the death penalty by the Court of Cassation for having
          participated in the massacres of Tutsis that took place after the
          assassination of Mr. Melchior Ndadaye. It is reported that the trials of
          these individuals did not meet the international standards for fair trials.
          Also addressed in this communication was the case of Mr. Gaetan Bwanpaye,
          allegedly sentenced to death without the benefit of a lawyer for his trial,
          nor the ability to postpone the trial until one could be obtained. In
          addition, it is reported that the subject's witnesses were intimidated and his
          house was ransacked (23 December 1997) .
          Ob s e r vat i on s
          52. The Special Rapporteur regrets that no replies to communications to the
          Government of Burundi have been received for several years.
        
          
          E/CN. 4/1999/39/Add.1
          page 14
          China
          53. It has been brought to the attention of the Special Rapporteur that
          during the 1990s, reported executions in China outnumber the aggregate total
          of reported executions from the rest of the world combined. More than 3,152
          people were allegedly sentenced to death in 1997 with 1,876 people reportedly
          being executed. While this nur er represents a decrease from 1996, it is
          consistent with the figures for the previous three years.
          54. The Special Rapporteur continued to receive reports in which the death
          penalty was handed down for non—violent crimes such as fraud, forgery, and
          drug—related and economic—related offences. According to the information
          received, 662 persons reportedly received death penalty and 437 executions for
          drug—related crimes were carried out. Information continues to be received
          concerning trials resulting in the death penalty that do not meet
          international standards and safeguards. This includes reports that executions
          have been carried out within one week of arrest.
          Communications sent
          55. The Special Rapporteur transmitted allegations regarding violations to
          the right to life on behalf of a Tibetan monk named Yeshe Samten, who
          allegedly died on 12 May 1998 as a result of torture inflicted upon him by
          prison officials at Trisam prison. He was reportedly arrested for protesting
          a governmental ban on the display of pictures of the Dalai Lama.
          Communications received from the Government
          56. In a communication dated 21 January 1998, the Government of China
          responded to numerous inquiries into individual allegations sent by the
          Special Rapporteur on 1 September 1996. These included the following:
          (a) Regarding the case of Sangye Tenphel, a 19—year—old monk who
          allegedly died as a result of beatings by prison guards, the Government
          asserted that tubercular meningitis was the cause of death, despite the
          efforts of hospital personnel;
          (b) Concerning the case of Tian Zhijia, Tian Zhiquan, and Zhao Lian,
          three men executed for allegedly robbing a van full of banknotes, the
          Government confirmed the arrests and convictions and quoted article 150,
          paragraph 2, of the Penal Code as the appropriate legal remedy;
          (c) In the case of Bulu Kuao, Ulu Kian, Cao Jian, and Yan Jiao, four
          men accused and convicted of killing rare animals under the protection of the
          Government and smuggling ivory, the Government confirmed the convictions and
          death sentences that were issued by the Kishuangbanna Autonomous Prefecture
          People's Court;
          (d) Regarding the case of Kelsang Thutop, a Tibetan monk who was
          alleged to have died in Drapchi prison as a result of malnutrition and
          inadequate medical treatment, the Government confirmed reports that he was
        
          
          E/CN.4/1999/39/Add. 1
          page 15
          arrested for fomenting separatism, illicit border crossing and espionage.
          While serving out his 18—year sentence, he died after contracting cerebral
          tuberculosis and efforts by the hospital to save him were unsuccessful;
          (e) The Government refuted allegations sent concerning 270 drug
          offenders who were reportedly executed on 30 June 1995 after a mass sentencing
          rally in Urumgi city. According to sources, Li Buchao, Li Fuhai, Si Junchao,
          Feng Zhihe, Ma Zhiren, Luo Chengcai, Li Zhidong, Yang Wenun, Ma Zhengfu,
          Jin Baoyu, Song Wen were all executed with 259 other unidentified convicted
          drug offenders. The Government admitted that Li Bochao, Li Fuhai,
          Si Junchao, Ma Zhiren and Feng Zhihe were executed on 30 June 1995 after being
          convicted of drug peddling. Their cases had been heard by the court in
          accordance with the procedures laid down in the Code of Criminal Procedure.
          No others were executed at that time, but 23 judgements concerning individual
          drug peddlers were pronounced on 30 June 1995 by the court in a total of eight
          cases. Four of these resulted in death sentences handed down to Luo Chengcai,
          Yang Wenun, Li Zhidong, and Ma Zhengfu. Death sentences with a two—year stay
          of execution were given to Song Wen and Jin Baoyu. The remaining 17
          defendants were given sentences ranging from six years to life imprisonment;
          (f) The Government also provided a reply to the case of Lin Huixiong,
          Lin Yiukuan, Qui Guibiao, Lin Yi, Mo Quianguang, Mo Qianzuo, all convicted of
          speculation and profiteering under articles 118 and 134 of the Penal Code. It
          was confirmed that all six were given the death penalty. In the case of
          Huang Quianggiu, he was convicted of taking bribes and the death sentence was
          also handed down in his case;
          (g) he Government further refuted allegations in the case of
          Wang Jianye. According to sources, he was charged with taking advantage of
          his post and accepting bribes, at which point he fled to Thailand. His
          extradition was reportedly preceded by a promise from Chinese officials that,
          if convicted, he would not be given the death penalty. Confirming that
          Wang Jianye was prosecuted and given the death penalty for accepting bribes,
          embezzlement, corruption, bigamy and illegally crossing the border, the
          Government denied that promises had been made in exchange for his extradition
          (21 January 1998) .
          Ob s e r vat i on s
          57. The Special Rapporteur would like to thank the Government for its prompt
          and thorough replies. The Special Rapporteur welcomes the efforts by China to
          improve on its human rights record and meet the standards established by
          international law by signing the International Covenant on Civil and Political
          Rights and revising the Criminal Procedure Law in 1997. The Special
          Rapporteur was also pleased to note that the revisions to the Criminal Code
          will serve to better protect the rights of defendants in criminal cases.
          However, the Special Rapporteur continues to be concerned at the great extent
          to which the country applies the death penalty and regrets that the revisions
          to the Criminal Procedure Code fail to decrease the nur er of capital
          offences.
        
          
          E/CN. 4/1999/39/Add.1
          page 16
          Co 1 or i a
          58. The Special Rapporteur continued to receive great numbers of allegations
          of the violation of the right to life during the period under review in
          Colombia. The majority of these allegations regarded human rights violations
          by paramilitary groups, indicating that despite the stated intentions of the
          Government, the situation has not changed significantly since the last report.
          Reports continue to claim that civilian populations are those most targeted by
          both sides of the ongoing civil conflict.
          Communications sent
          59. The Special Rapporteur transmitted eight urgent appeals to the
          Government of ColorcJiia, 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) On behalf of all human rights activists in the country,
          following the alleged murder of Dr. Eduardo Umana Mendoza, a
          well-known human rights lawyer. He was reportedly killed in
          Bogota on 18 April 1998 by two unidentified men and a woman,
          supposedly connected to paramilitary groups (23 April 1998);
          (ii) Maria Eugenia Cardenas, her family, and other members of the
          Asociacion de Familiares de Detenidos y Desaparecidos
          (ASFADDES) in the department of Caldas, after the alleged
          killing of J 05 Maria Cardenas. He was the cousin of
          Maria Eugenia Cardenas and was reportedly killed on
          3 Decer er 1997 in the town of Riosucio by two armed men
          in military uniforms. Souces assert that in the past,
          members of the Cardenas family had been the victims of human
          rights violations, a fact which appears to be linked to
          Mrs. Cardenas's position as the director of ASFADDES in
          Riosucio (10 December 1997);
          (b) Indigenous populations: Florentino Domico, Teofan Domico,
          Delio Domico Jarupia, Luis Carlos Domico, and Juan de Dios Domico Jarupia,
          indigenous community leaders in the area of Kiraparado, Rio Sinu,
          Resguardo Karagabi. Allegedly, paramilitary troops entered the town looking
          for these individuals and threatened to kill them after reportedly killing
          another community leader, Alonso Domico Jarupia (16 Septer er 1998);
          (c) Peasants:
          (i) A group of 70 displaced families, now residing in Rancho
          La Mid, Tolima department, and supposedly threatened with
          an attack by mer ers of the paramilitary for allegedly
          cooperating with guerilla groups operating in the area.
          Sources assert that these families were forced to vacate
        
          
          E/CN.4/1999/39/Add. 1
          page 17
          their residences in Rancho Bellacruz, Cesar department, in
          1996 following threats by paramilitary groups. The Special
          Rapporteur was also concerned for the safety of local human
          rights organizations working with these families (25 May
          1998) ;
          (ii) The residents of Paratebueno, Medina municipality,
          department of Cundinamarca, who reportedly received threats
          of an attack by mer ers of the paramilitary group known as
          Autodefensas Unidas de ColorcJiia (AUC) (19 May 1998) ;
          (iii) JesiOE Emilio Tuberguia, Emilio Antonio Tuberguia (aged 16) ,
          JesCis Arnulfo Tuberguia (aged 14) , Joaguin Graciano, as well
          as residents of the community of San J 05 de Apartado,
          Apartado municipality, Antioguia department, who allegedly
          were threatened with death by heavily armed men, dressed in
          paramilitary uniform, for supposedly aiding guerilla groups
          operating in the area. According to sources, 30 members of
          this community have been killed by members of the
          paramilitary since March 1997 (25 February 1998) ;
          (d) Witnesses:
          (i) Carlos Vera Correa, Marleny Taborda, and Arcadyo Ferney
          Bolivar, as well as residents of the city of Carmen de
          Atrato, Choco department, who reportedly received death
          threats after witnessing the killings of fellow—residents
          Ruben Dario Maya, Jhon Fredy Alvarez Valderrama,
          Jaime Ramirez Palacio, and Gildardo Taborda, all killed in
          December 1997 and January 1998 by mer ers of the
          paramilitary. Allegedly, the residents of Carmen de Atrato
          were told by paramilitary personnel that they were preparing
          70 new graves in the local cemetery because they were
          getting ready to carry out a wsocial cleansing” operation in
          the area. Additionally, it was reported that several
          residents were told they would be killed if they did not
          leave the area (26 January 1998) ;
          (ii) Alfonso Mora Le6n, Dolores Moncaleano de Mora, and
          Clara Ines G6mez, allegedly threatened with death after the
          start of criminal investigations into the deaths of their
          children, who supposedly died at the hands of police
          officials after being detained and tortured in Bogota
          in 1996. Sources reported that Alfonso Mora Le6n and
          Dolores Moncaleano de Mora were originally receiving
          protection from the witness protection programme, but later
          had to leave Bogota in 1997 after being told that they would
          be killed if they testified against the parties charged with
          these killings (29 Septer er 1998) .
          60. The Special Rapporteur also transmitted to the Government complaints
          about violations of the right to life of the following persons:
        
          
          E/CN. 4/1999/39/Add.1
          page 18
          (a) Killed by paramilitary groups:
          (i) Minors: Alfa Delia Higuita Tuberguia, 14 years old, and
          Luz Helena Valle Ortiz, 17 years old, killed on 7 June 1997
          near Vereda Arenas Altas, San Jos Apartado, while
          travelling home. Both girls are said to have been shot
          after being led to a secluded area of the woods; it was
          later said they were guerrilla fighters killed in cor at.
          Alfa Delia Higuita Tuberguia was three months pregnant.
          In a separate incident, Angie Carolina (age 5) was
          reportedly killed on 4 May 1998 during an attack on
          Puerto Alvira, Mapirip n;
          (ii) Human rights defenders: Luis Alberto Munera, Carlos Rojo
          Uribe, Rosa Mejia, Ofelia Rivera, Jairo P rez, and
          Alberto Silva, reportedly killed on 1 August 1997 in
          Remedios along with two other unidentified individuals.
          Five of these individuals were supposedly shot while
          Luis Alberto Munera, a member of the North-East Antioguia
          Committee for Human Rights, and Carlos Rojo Uribe, former
          mayor of Remedios, were taken to the outskirts of Marmajito
          district, Segovia municipality, where they were tortured and
          killed;
          (iii) Community leaders: Joaguin Correa, Hernando de JesCis Arenas
          and Baudilio V lez reportedly killed on 17 August 1997 in
          Granja Villa Rocio; Rosmira Gallego, teacher and member of
          the teachers' association of Antioguia, along with four
          other unidentified individuals on 23 March 1998 in
          El Jordan, San Carlos; Carlos Enrigue Castaf eda, President
          of the Corcoeunity Action Group of the Santa Marta
          neighbourhood and President of the National Association of
          Small Businessmen, killed 31 March 1997 near Segovia after
          allegedly having his life threatened; Leonardo Tibaguira,
          18 years old, supervisor of the Inai—Sue Cooperative in
          Tenjo, Cundinarmarca department, killed on 15 November 1997
          during a reported attack on the cooperative during which all
          of the mer ers of the cooperative were ordered to abandon
          their homes;
          (iv) Others: Hern n Fabi n CCiellar, Jorge SCiarez,
          Alejandro S nez, Carlos Bernal, Pedro Julio Rico,
          Wilson Bernal, and Jorge Peladura, reportedly killed along
          with 10 unidentified individuals in Puerto Alvira,
          Mapirip n, during an attack on their village;
          Frieleth Var6n, a nurse, allegedly killed on 3 May 1998 in
          Dagua, Valle, by abductors who supposedly asked her to come
          and take care of a sick person; Gilberto Ramirez Giraldo and
          Miguel Ramirez Giraldo, reportedly killed on 10 April 1997
          in Altas Arenas, Apartado; Jos Antonio Graciano and
          Jairo Graciano, allegedly killed on 13 April 1997 in
          Apartado after being abducted from the bus station and
          tortured; Ruben Dario Maya, reportedly killed on
        
          
          E/CN.4/1999/39/Add. 1
          page 19
          5 Decer er 1997, Jhon Fredy Alvarez Valderrama, allegedly
          killed on 30 December 1997, Jaime Ramirez Palacio,
          reportedly killed on 1 January 1998, and Gildardo Taborda,
          allegedly killed on 3 January 1998 in the town of Carmen de
          Atrato, Choco; Edilberto Areiza, Ricaurte Monroy,
          Luis Albeiro Avendano, Ananias Guisao, Florentino Guisao,
          Milton David, Angel Montoya, Oscar Valderrama,
          Alfonso Valderrama, and Herminio Palomegue Mosguera,
          reportedly killed between 22 Nover er and 1 December 1997 in
          Dabeiba; Casimiro Soto Ardila and Amoar Bello Martinez,
          allegedly killed 2 March 1998 in Pueblito Mejia;
          (b) Killed by members of the military:
          (i) Minors: Diomar Ortiz, 16 years old, reportedly killed on
          11 November 1997 near P vez. Sources say his body was later
          presented as that of a guerrilla fighter killed in combat;
          (ii) Indigenous peoples: Bernabela Riondo Pachecho and Santiago
          Palo, members of the Zenu community of Bajo Grande in
          San Andr s de Sotavento, reportedly killed after being
          abducted on 2 Nover er 1997. Their bodies were later found
          in the indigenous community of Achiote, Sanpues
          municipality, C6rdoba;
          (iii) Others: Jos del Rosario and Jos Salvador Ortiz,
          reportedly killed on 11 November 1997 near P vez;
          Rodrigo Castro Murillo, reportedly killed on 28 October 1997
          near Confinas; Gilma Rosa Duarte, Juan Canas, and Clara,
          allegedly killed on 17 June 1997 in Los Mandarinos,
          Riogrande; Dario G6ez, reportedly killed on 9 May 1998 in
          Arenas Altas;
          (c) Killed by unknown armed groups:
          (i) Human rights defender: JesCis Maria Valle Jaramillo,
          President of the Antioguia Permanent Corcoeittee for the
          Protection of Human Rights, reportedly killed on
          27 February 1998 in Medellin when four men entered his
          office and shot him. Sources asserted that he had
          previously been threatened with death for his human rights
          activities, particularly the denunciation of massacres
          committed by mer ers of the paramilitary;
          (ii) Politician: Hugo Luis Salcedo Garcia, mayoral candidate in
          Ovejas, reportedly killed on 31 August 1997 on his way home
          from a political function in Almagra.
          Communications received from the Government
          61. During the period under review, the Special Rapporteur received numerous
          communications from the Colombian Government regarding previous corcoeunications
          sent (1 and 29 October 1997; 4, 5 and 18 Nover er 1997; 30 January 1998;
        
          
          E/CN. 4/1999/39/Add.1
          page 20
          10 and 23 February 1998; 19 and 27 March 1998; 16 and 21 April 1998; 8 and
          19 May 1998; 3, 9 and 16 June 1998; 7 and 14 July 1998; 5 August 1998;
          and 16 Septer er 1998) . These are summarized below:
          (a) 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 Special
          Rapporteur: Heli G6mez Osorio; Wilson Patino Agudelo; Doris Torres,
          Alvaro P rez, Jos Esteban Dominguez, Ender Dominguez and Nicolas Arrieta;
          Juan Carlos Herrera Pregonero, Fabian Mauricio G6mez and Andres David Escobar;
          Jos Estanislao Amaya Paez; Jos David; Elias Zapata, Eliodoro Zapata,
          Alberto Valle, F lix Antonio Valle and Carlos Torres; Cipriano Garcia;
          C sar Tulio Diaz Blanguicet, Jorge Caceres Villegas and Daniel Hoyos;
          Ruben Antonio Villa, Antonio Villa, Miguel Haya (or Miguel Layos Castaf eda)
          and Guillermo Serna; Wilson Simanca Acosta, Jairo Jaramillo Zapata,
          Robinson Acevedo Chamorro and Wilson Garcia Carrascal; Leonardo Panesso and
          Bernardo Panesso; C sar P rez; Narzareno de JesCis Rivera; Alfonso Callejas
          Robles; Vladimir Zambrano Pinz6n, Jenner Alfonso Mora Moncaleano, Juan Carlos
          Palacios G6mez and Arguimedes Moreno Moreno; Jorge Conde; Fidel SuescCin,
          Jos Pitalua, Perica and Ediberto Jim nez; Medardo Ducuara Leyton;
          Carlos Andr s Guti rrez, Guillermo Taborda, Mauricio Valencia Acevedo,
          Salvador Hern ndez Holguin, Ricardo Arredondo Montoya, Carlos Alberto
          Osorio Valdez, JesCis Daniel Querubin, Baltazar Muf 6z Restrepo, Reynal Antonio
          Galeano VeOEsguez and Giraldo Olarte; Bel n Torres and Raul Emilio Ramos;
          Jorge Eliecer Mann Trujillo; Enrigue Bendia and Ricardo Gonz lez;
          Ronald Valencia, Sinia Blanco, Francisco Catumare, Jos Ronald Valencia,
          Hern n Gallego, Omar Patino Vaca and Eliecer Martinez Vaca; Alfonso Manuel
          Mendozy Barrios; Diego Le6n Yarce, Martha V lez and Suhey Montoya;
          Juan Coronel; Johnt de JesCis Bayona; Jairo Beller Buitrago and Abimelet Parra;
          Samuel Berreto Rocha, Israel Herrera Diaz, Jorge Herrera Romero, and Jorge
          Barreto Herrera; Dario Covas Contreras, Diomedes Zapata, Rebeca Villareal and
          Baldomero Vergara; Laurentino Avendano and Ferney Delgado; Reinal Valencia and
          Gelmer Porras; Antonio Angarita and Carmen Angel Clavijo; Everto Antonio
          Herrera and Juan L6pez; Gilberto Jos M rguez Murillo and Argemiro Manuel
          Padilla Benitez; Luis Enrigue Salgado, Emiro Tovar, Everto Tovar,
          Ovidio Castillo, Daniel Salgado, Feder Rivera and Denny Ruiz; JesCis Eudoro
          Orjuela Trujillo; Jos Maria Cardenas; Alfonso Bonilla; Gilberto Arvelaez
          Jim nez; Fray JesCis Martiney, Fray Bernardo Villegas and Fray Diego
          Fernando Garcia; Argemiro Padilla Banirey and Gilberto Margiey Murillo;
          Javier Alberto Barriga Vergel; Ram6n Villegas and Luis Alfonso Ascanio;
          Bertina Calderon, Domingo Tovar Arrieta, Daniel Rico, Luis Eduardo Galindo,
          Sady Manosalva, C sar Martinez, Luis Fernando Escobar, Germ n Roncancio and
          Aida Abella; Hernando Cuadros, Dario Lotero, Luis Hern ndez and S nchez;
          Guillardo Franco; Eduardo Umana Mendoza and JesCis Maria Valle Jaramillo;
          Carlos Mario Calder6n, Elsa Constanza Alvarado and Carlos Alvarado Pantoja;
          Jaime Laguna and Edinson Donado; Nelson Fernando Lor ana; Jos Miller Chac6n,
          Henry MilOEn and Manuel Cepeda Vargas; Frieleht Var6n; Hern n Fabian CCiellar,
          Jorge Suarez, Alejandro Sanez, Carlos Bernal, Pedro Julio Rico, Wilson Bernal,
          Jorge Peladura and Angie Carolina; Miguel Ramirez Giraldo; Jos Antonio
          Graciano and Jairo Graciano; Ruben Dario Maya, Jhon Fredy Alvarez Valderrama,
          Jaime Ramirez Palacio and Gildardo Taborda; the population of Paratebueno;
          Hugo Roberto Martinez Diaz, Salvador Le6n Aoeaya and Pablo Emilio Pena Aoeaya;
          Manuel Herrera Sierra; Bernabela Pacheco and Santiago Polo Guevara;
        
          
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          Luis Alberto Munera, Carlos Rojo Uribe, Rosa Mejia, Ofelia Rivera,
          Jairo de JesCis P rez and Alberto Silva; Rodrigo Castro Murillo; and
          Carlos Enrique Castaf eda;
          (b) In a document entitled wPoliticas Generales del Gobierno de
          Colombia en Materia de Lucha Contra los Grupos de ‘Justicia Privada' y
          Atencion a Desplazados por la Violencia”, the Government affirmed its
          commitment to end the violence, human rights violations and impunity enjoyed
          by wprivate justice” groups, also known as paramilitary forces, as well as its
          intention to aid its displaced populations. The document states that while
          the paramilitary groups have brought some order to Colombia, their existence
          and methods are not approved by the Government. Some of the initiatives taken
          which reflect this position are: the creation in 1994 of a National Board for
          Human Rights, partially with the aim of acting as a judicial instrument
          against wparamilitarism , the offering of an award for the capture of
          Carlos Castano, head of the paramilitary group known as the Peasants'
          Self-Defence Group of C6rdoba and Urab , and the appointment by the President
          of two experts to make contact with these groups and consult with them on a
          possible peace process. The Government further asserts that it has taken
          steps to curb human rights violations in ColorcJDia through its recognition of
          the problem of the internal displacement of large numbers of its own
          population, owing to guerrilla, paramilitary and military conflict. The
          majority of the displaced persons are women and under the age of 25. The
          Government cites several existing programmes to aid these people achieve
          voluntary return, and recognizes that these groups are especially vulnerable
          to human rights violations (4 November 1997) ;
          (c) Regarding the case transmitted by the Special Rapporteur in 1996
          and 1997 of the families of Rancho Bellacruz, Cesar department, who were
          attacked by paramilitary groups and forced to relocate, the Colombian
          Government sent two communications detailing the governmental aid and State
          protection which those families have been receiving under the supervision of
          the National Board for Human Rights. The communication stated that although
          many of the families remain in temporary facilities, under police and military
          protection, it is the Government's goal to resettle them voluntarily in their
          home area soon (21 April 1998 and 9 June 1998);
          (d) In response to suggestions made by the Special Rapporteurs on
          extrajudicial, summary or arbitrary executions and the question of torture
          during their 1994 visit, the Government submitted a document in which they
          detail the steps that it is taking to ensure an independent judiciary; exclude
          military courts from the jurisdiction of the offences of enforced
          disappearances, torture or executions; curb impunity; discourage the existence
          of paramilitary groups; and protect the rights of particularly vulnerable
          groups. The groups which the Government highlights in its report are human
          rights defenders, women, minors, Afro—ColorcJiian and indigenous populations,
          and displaced persons. The document additionally addresses the problems of
          protection for former partisans who have laid down their arms and witnesses,
          especially in cases brought against drug traffickers and the military. The
          issue of wsocial cleansing” is also addressed in the context of how this
          practice affects street children (3 June 1998) .
        
          
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          Ob 5 Vat on
          62. The Special Rappcrteur is grateful to the Government of ColorcJiia for its
          numerous replies to her communications and regrets that a lack of resources
          makes thorough follow—up to all of the communications impossible. It is
          dismaying for the Special Rapporteur to note the extent of impunity enjoyed by
          military and paramilitary groups in the country. Drug-trafficking groups also
          add significantly to a culture of violence and impunity. The military court
          system, as well as the ongoing practice of using anonymous witnesses, only
          exacerbates these problems. The special vulnerability of human rights
          defenders in the country is alarming, as are the situations concerning
          internally displaced populations and indigenous groups.
          63. Nevertheless, it is clear that the ColorcJiian Government is demonstrating
          a will to cooperate with her mandate, despite the domestic difficulties it
          faces. This cooperation is signalled by the United Nations presence in the
          country, Colombia's replies to allegations, and the visit of the
          High Commissioner for Human Rights in October of 1998. In this spirit of
          cooperation, the Special Rapporteur urges the Government of Colombia to
          formulate a cohesive human rights policy and support system, with an eye to
          ending the impunity currently enjoyed by military and paramilitary groups.
          She further encourages peace talks between all factions in the current
          conflict in the country and urges that these parties have a voice in
          developing the human rights policy.
          Costa Rica
          Communications sent
          64. The Special Rapporteur transmitted one urgent appeal jointly with the
          Special Rapporteur on the independence of judges and lawyers to the Government
          of Costa Rica.
          65. On behalf of Delia Revoredo, a judge and member of the Constitutional
          Court of Peru, her husband, Jaime Mur, and their children, allegedly
          threatened with death after Mrs. Revoredo had ruled that it would be
          unconstitutional for Peruvian President Alberto Fujimori to run for a third
          term of office. Mrs. Revoredo and her husband reportedly were given political
          asylum in Costa Rica while the children remained in Peru (1 May 1998) .
          Democratic Republic of the ConQo
          66. Numerous reports continue to be received about violations of the right
          to life in the Democratic Republic of the Congo, most of them concerning the
          alleged killing of Rwandan refugees by the country's security forces.
          Moreover, over 50 people have reportedly been condemned to death during the
          past year in military court trials that allegedly did not meet the
          international standards for judicial proceedings. Additionally, persons
          attempting to aid the refugees or report human rights abuses are often
          targeted for killing. It is alleged that the majority of the population does
          not have access to the courts, nor to reliable news information. The security
          forces and the police, therefore, are able to act with full impunity in the
          realm of human rights abuses.
        
          
          E/CN.4/1999/39/Add. 1
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          67. The human rights situation in the Democratic Republic of the Congo is
          analysed in full detail by the Special Rapporteur on the situation of human
          rights in the Democratic Republic of the Congo, Mr. Roberto Garret6n, in his
          most recent report to the Commission on Human Rights (E/CN.4/1999/31) . This
          topic is also addressed in the report of the Secretary General's investigative
          team (S/1998/581, annex) , which visited the country between August 1997 and
          April 1998.
          Communications sent
          68. The Special Rapporteur transmitted an urgent appeal jointly with the
          Special Rapporteur on the situation of human rights in the Democratic Republic
          of the Congo concerning two soldiers, one civilian, and a pregnant woman
          accused of armed robbery and sentenced to death by a military court. The
          three men were executed immediately, but the pregnant woman was reportedly
          awaiting her execution on death row. Also addressed in this urgent appeal was
          the case of a prisoner accused of aiding the Mai Mai and of armed attacks, and
          sentenced to death and executed by the military court in Bukavu on
          7 January 1998. Finally, the case of two soldiers, Jean Claude Muriri and
          Muhanzi Shombo, accused of violating military regulations and attempted murder
          and also sentenced to death, was addressed in this communication
          (27 January 1998) .
          69. Another joint urgent appeal was transmitted by the Special Rapporteur in
          collaboration with the Special Rapporteur on the situation of human rights in
          the Democratic Republic of the Congo on behalf of six persons, including
          Matabaro, Ngonga, Musema Gatabzi and Mungonderwa, allegedly sentenced to the
          death penalty for armed robbery. This urgent appeal also addressed the case
          of three members of the security forces, including Kale Muhoza, allegedly
          convicted of rebellion and sentenced to death (1 May 1998) .
          70. The Special Rapporteur also transmitted the following allegations to the
          Government of the Democratic Republic of the Congo:
          (a) Regarding the killing by military forces of Rwandese refugees or
          those attempting to aid them: 154 people, including Wandjo, Camile, and
          Cleophace (dignitaries of the Lwar a locality) , 54 Rwandese refugees and
          approximately 100 civilians, reportedly killed between 25 March and
          7 April 1998 in Shabunda, South Kivu province; 4 people, including Katumbo
          Mburanumwe, a child and two Rwandese refugees were allegedly shot dead by
          soldiers near Karur a on 29 May 1998 as Katumbo Mburanumwe was attempting to
          lead a large group of refugees back to their home country;
          (b) Regarding the killing of civilians: 30 people, including
          Ndamubuya, Kasinga Ndamugabumwe and Sinsiri Kyuka, allegedly killed by
          government forces on 12 May 1997 in Mudja, Bukumu county, Nyiragongo district,
          Kivu; 4 women, including Kahindo and Shimirayi, supposedly killed by members
          of the military on 18 and 20 Decer er 1997 in Rungoma and Pinga towns, in the
          Walikale territory, in punishment for allegedly practising witchcraft;
          (c) Regarding the killing of human rights activists:
          Oswald Hakorinama was allegedly killed on 30 March 1998 in Nyamitaba,
        
          
          E/CN. 4/1999/39/Add.1
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          Masisi territory, by members of the armed forces, supposedly because of his
          involvement in the reporting of grave human rights violations in the country
          through the Grande Vision association, which he co—founded.
          Ob s e r vat i on s
          71. The Special Rapporteur has not received any replies to her
          communications and remains concerned about the widespread impunity and lack of
          respect for human rights shown by the current AFDL (Alliance des forces
          democratiques pour la liberation) Government of the Democratic Republic of the
          Congo. The situation appears to be exacerbated by the new Government's
          structure, in which power rests solely with the head of State, all government
          and armed forces personnel being accountable only to one individual. This has
          led to mass extrajudicial killings of individuals, including women and
          children of Hutu origin, many of whom were residing as refugees in the eastern
          part of the country. The Special Rapporteur urges the Government to institute
          democratic structures as soon as possible and to ensure the human rights of
          its citizens.
          E c wi t
          72. The Special Rapporteur continued to receive reports of death sentences
          imposed by military and criminal tribunals that fall short of international
          standards and fail to respect safeguards established by the International
          Covenant on Civil and Political Rights. Reports claimed that since
          October 1992, military courts that do not allow for the right to appeal have
          handed down 58 death sentences. It was asserted that the impartiality and
          independence of judges sitting on these courts is questionable and that
          defendants' rights to a fair trial and appeal are not being satisfied within
          the judicial system. The Special Rapporteur also received allegations
          regarding deaths in custody.
          Communications sent
          73. The Special Rapporteur sent one urgent appeal to the Government of
          Egypt, on behalf of Moharcoead Fathi ‘Abd al-'Azim and Mahmoud Mostaga Sula an,
          who were reportedly sentenced to death by an Emergency Supreme State Security
          Court in Cairo. The two men reportedly had been acquitted of all charges by
          the same court in 1995 after the court found that their confessions had been
          extracted under torture. A retrial was said to have been ordered by the Prime
          Minister (11 December 1997) .
          Communications received from the Government
          74. The Government transmitted one reply to the Special Rapporteur during
          the period under review. In it, the Government explained that it was not a
          signatory to the Second Optional Protocol to the International Covenant on
          Civil and Political Rights and gave numerous reasons for maintaining the death
          penalty. The communication also included a detailed analysis of the
          conditions and safeguards for the application of the death penalty, a list of
          the offences for which the death penalty can be imposed, and the right of the
          President of the Republic to issue amnesties in respect of prisoners
          (29 December 1997) .
        
          
          E/CN.4/1999/39/Add. 1
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          Ob 5 Vat on
          75. While the Special Rapporteur would like to sincerely thank the
          Government of Egypt for its response, she would also like to encourage the
          Government to reflect upon and reconsider its firm position on the death
          penalty.
          Ethiopia
          76. The Special Rapporteur expresses her concern over the reports of
          extrajudicial executions currently taking place in Ethiopia. The alleged
          assailants have included mer ers of the police forces as well as members of
          the military.
          Communications sent
          77. During the period under review, the Special Rapporteur
          sent 12 individual allegations regarding extrajudicial executions carried
          out by police officers and military personnel of Ethiopia. The individuals
          on whose behalf they were sent include the following:
          (a) Khadar Dulguf Mashkooke, who apparently died on 18 July 1997 as a
          result of torture inflicted upon him by soldiers of the Ethiopian People's
          Revolutionary Democratic Front;
          (b) Ugas Mohamed Muhumed Fatule and Ibrahim Deeh Fatule, two men who
          reportedly died in the military barracks in Qabridaharre. Their bodies were
          apparently displayed in the town and were prevented from being buried for
          two days. Nine other unidentified persons detained with the two men are
          missing and presumed dead;
          (c) Gahnug Yusuf Aare, Haybe Hirad, Mohamed Aw Farah Gaiye,
          Mohamed Aabbi Hirsi, and Abdi Mohamed Yare, who were all reportedly killed by
          soldiers of the Ethiopian People's Revolutionary Democratic Front in the town
          of Hodayo;
          (d) Terefe QurcJiii, Tesfaye Kumsissa and Gudissa Annisa, who died after
          being shot by local police in Jeldu. The police claimed that they died in a
          shoot—out, yet witnesses assert they were all unarmed;
          (e) Ato Assefa Maru, a mer er of the Executive Corcoeittee of the
          Ethiopian Human Rights Council, who died after reportedly being shot by
          policemen in Addis Ababa. The police claim he was shot after trying to escape
          while other sources state that at no time was he fleeing.
          Communication received from the Government
          78. The Special Rapporteur received a corcoeunication from the Government
          detailing the events concerning the death of an Ethiopian national named
          Mgbnesh Mulatu who was killed after being shot by an unknown assailant while
          she was working in Mendeferra, Eritrea.
        
          
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          Ob 5 Vat on s
          79. The Special Rapporteur is concerned that the Government did not reply to
          the allegations sent regarding the shooting of Ato Assefa Maru and is hoping
          soon to receive news of the progress of the legal inquiry into this death.
          France
          Communication sent
          80. The Special Rapporteur transmitted one individual allegation on
          18 September 1998 to the Government of France on behalf of Fabrice Fernandez,
          who was reportedly killed while handcuffed and under interrogation by police
          officers. The officer charged with the crime was apparently suspended from
          duty and charged with murder.
          Germany
          Communications received from the Government
          81. The Government replied to the follow-up information requested by the
          Special Rapporteur concerning the case of Kola Bankole. In detailing the
          proceedings against the emergency doctor who treated Kola Bankole, the
          Government informed the Special Rapporteur that the proceedings were
          discontinued in a public hearing on 24 February 1997 after the defendant
          agreed to pay DM 5,000 to Amnesty International as well as the legal fees.
          This arrangement was expressly agreed to by Mr. Bankole's brother
          (14 January 1998) .
          82. Concerning the reasons for the rejection of the complaint filed by
          Mr. Babatonde Bankole against the discontinuing of investigation proceedings
          concerning officers of the Federal Border Guard, the Government explained that
          there was insufficient evidence that officers of the Federal Border Guard had
          committed a criminal offence (14 January 1998) .
          Guatemala
          83. The nur er of incoming allegations of violations of the right to life
          has decreased since the end of the civil war in the country. The majority of
          the cases received, however, concern individuals working to bring to justice
          those who corcoeitted crimes during the conflict.
          Communications sent
          84. The Special Rapporteur transmitted two urgent appeals to the Guatemalan
          Government, urging it to take action to protect the lives and physical
          integrity of the following individuals who had received death threats:
          (a) Prospero Penados, Pietro Notta and other members of the
          Archbishop's Human Rights Office (ODHA), reportedly threatened with death
          following the funeral of Monseignor Juan Gerardi, late auxiliary bishop of the
          archdiocese of Guatemala and Director of the ODHA. Monseignor Gerardi was
          killed two days after he presented a report on the crimes corcoeitted by the
        
          
          E/CN.4/1999/39/Add. 1
          page 27
          army during the civil war. It is alleged that his death, as well as the
          subsequent threats received by other mer ers of the ODHA, could be linked to
          these reports (18 May 1998) ;
          (b) Members of the Mayan Defence of Guatemala, in particular, its
          director, Juan L on Alvarado, the organization's lawyer, Ovidio Paz, the legal
          adviser, Ricardo Sulugi, the General Secretary, Aura Jiatz, and the project
          supervisor, Leticia VeOEzquez. These individuals had allegedly been
          approached by armed men who questioned them about their activities with the
          Mayan Defence and threatened them with death if those activities did not stop.
          It is believed that the threats were connected to the recent efforts of the
          group to bring army personnel to justice for the crimes they allegedly
          committed against indigenous populations during the 1980s (25 May 1998) .
          85. The Special Rapporteur also transmitted the following allegations of
          violations of the right to life of the following individuals to the Government
          of Guatemala:
          (a) Monseignor Juan Gerardi Conedea, auxiliary bishop of the
          archdiocese of Guatemala and Director of the Archbishop's Human Rights Office,
          reportedly killed on 27 April 1998 in the San Sebastian Church in Guatemala
          City by unidentified individuals. It is alleged that Monseignor Gerardi was
          beaten to death. His death occurred two days after his presentation of a
          report which largely blamed the army for the majority of human rights
          violations which took place during the civil war;
          (b) Edgard Estuardo Motta Gonz lez, allegedly killed on 8 October 1997
          in Guatemala City by unidentified individuals while working in his carpentry
          workshop. It is reported that his death was connected to the fact that he
          was the key witness in a trial against Anibal Archilla P rez, Miguel Angel
          L6pez Cal and Miguel Rodriguez Revolorio, three policemen condemned to death
          for the killing of Luis Pedro Choch Reyna. These policemen had also
          reportedly attempted to kill Mr. Motta, but he survived to testify against
          them.
          Communications received from the Government
          86. The Government of Guatemala updated the Special Rapporteur on the recent
          developments in the case of the killings of Jos Elias Salanzar Lorenzo and
          Manuel Chub Caal, both killed in the city of Poptun, Pet n, by Mayor Jos
          Antonio Cruz Monz6n. The bodies of Mr. Salanzar and Mr. Chub were examined by
          forensic experts. The Government reported that Mr. Cruz was apprehended by
          the police and stood trial in a civilian court, where he was convicted on two
          counts of homicide (29 Nover er 1997) .
          87. The Guatemalan Government also informed the Special Rapporteur that the
          allegations she sent this year were received and directed to the appropriate
          officials, who would inform her about the progress of the investigations
          (25 June 1998) .
        
          
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          Ob 5 JT Vat on s
          88. The Special Rapporteur would like to thank the Guatemalan Government for
          its replies to her corcoeunications and its cooperation with her mandate. It is
          also commendable that the number of allegations of violations received has
          dropped significantly since the civil war ended. She remains preoccupied,
          however, by the great nur er of allegations received concerning violations
          supposedly perpetrated against indigenous populations and human rights
          defenders. This pattern could indicate a reluctance on the part of the
          Government to take full responsibility for its past actions. The Special
          Rapporteur urges the Government to work diligently towards keeping a lasting
          peace, a key aspect of this process being to ensure the fundamental human
          rights of all of its citizens.
          Honduras
          Communications sent
          89. The Special Rapporteur transmitted two allegations of violations of the
          right to life to the Government of Honduras.
          90. On behalf of Edwin Ramirez (age 3), allegedly killed on
          30 September 1997 in Dora, Yoro, while travelling by truck with his
          parents. It is reported that three armed men opened fire on the truck. The
          infant's father, Benigno Garcia, who was also injured in the attack, is
          reported to be a human rights defender who works with the populations of
          San Pedro Sula and Yoro. Supposedly, the orders for this attack were given by
          an ex—member of the Intelligence Services of the Honduran military.
          91. Concerning Jorge Castillo and Julian Alberto Morales, who allegedly died
          on 21 October 1997 near Tela Atlantida. Both mer ers of the Garifunas
          Indigenous Group, it is reported that with the acquiescence of government
          authorities, the two men were killed by landowners and businessmen wanting to
          develop a tourist complex on land bordering the Atlantic Ocean which allegedly
          belongs to the Garifunas.
          Indonesia and East Timor
          92. Reports continue to be received by the Special Rapporteur concerning
          human rights abuses in Indonesia and East Timor. It is alleged that police
          forces, which are still overseen by the military, purposely target political
          protesters and ethnic minorities, who are often arrested and subjected to
          ill—treatment which results in their death. Furthermore, it is reported that
          investigations into such incidents are rarely carried out and their
          perpetrators are almost never held accountable for their actions.
          Information and corcoeunications sent to the Government
          93. The Special Rapporteur transmitted an urgent appeal concerning the
          reported deaths of at least five Trisakti University students on 12 May 1998.
          The deaths reportedly occurred during a student protest which became violent.
          In light of the current political situation in Indonesia and the consequent
          likelihood of other protests, the Special Rapporteur reminded the Indonesian
        
          
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          Government of several international human rights mechanisms which protect
          individuals from such occurrences and urged the Government to use restraint
          when containing future protests (20 May 1998) .
          94. The Special Rapporteur also transmitted the following allegations to the
          Indonesian Government:
          (a) Regarding the excessive use of force during demonstrations:
          Manuel Marques, allegedly killed on 27 June 1998 in the town of Aitais in
          Manatuto by members of the Indonesian military when a stray bullet reportedly
          fired at unruly protesters hit him; Olandino Marcelino da Costa, reportedly
          killed by shots fired by Indonesian security forces in Baucau on 29 June 1998
          when a crowd of pro—independence protesters, organized to greet an
          EU delegation, became angry when security vehicles appeared; and Mrs. Sangkek
          and David Kapisa who were allegedly shot in the head by security forces on
          2 July 1998 during a demonstration in front of the local parliament in Sorong,
          Irian Jaya;
          (b) Regarding deliberate killings by security forces: Herman Dasdores
          Soares, reportedly killed by a mer er of Indonesian Territorial Battalion 315
          in Obrato, Mantuto district, on 16 June 1998 while gathering wood which
          soldiers apparently mistook as stolen from the military; Carlos da Silva and
          Carlos da Costa, allegedly killed in Bucoli village, Baucau, on 10 May 1998
          after their names were divulged as being possible participants in a
          clandestine resistance group; Maria Freitas, who allegedly died of wounds
          from shots fired by members of the Indonesian military into her home in
          Samala hamlet, Wailili village, East Timor on the night of 14 April 1998.
          Information and corcoeunications received from the Government
          95. The Government provided information to the Special Rapporteur on the
          following allegations:
          (a) The death of David Alex on 25 June 1997 was due to bleeding from
          gunshot wounds received during an exchange of fire between Indonesian security
          forces and Mr. Alex's resistance group. Despite his status as one of
          Indonesia's most wanted men, maximum medical attention was provided to attempt
          to save his life and after his death, the State organized a burial ceremony in
          accordance with Mr. Alex's Catholic religious beliefs. Further, the State
          maintains that security forces had no motivation to kill Mr. Alex, as he could
          have been a valuable source of information;
          (b) With regard to the alleged killing of Januario Quintas, Francisco
          and Fernando Lopez on 8 February 1997, the Indonesian Government reports that
          after undertaking a thorough investigation into the matter, it could find no
          evidence of the alleged killings;
          (c) As concerns the deaths of the five Trisakti University students
          shot during a protest on 12 May 1998, the Government maintains that it acted
          in strict accordance with accepted crowd—control methodology and that police
          used no live ammunition that day. The Government asserts that the students
          were killed by gunfire which came from an overpass near the protest site,
          fired by an as—yet—unknown perpetrator. In addition, two of the senior police
        
          
          E/CN. 4/1999/39/Add.1
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          officers responsible for crowd control on the day of the protest have been
          court—martialled and sentenced to 14 months of imprisonment each for their
          mishandling of the situation.
          Follow—un
          96. The Special Rapporteur expressed her desire to visit Indonesia to
          examine the human rights situation in the country in situ , where she feels
          that she would be able to more effectively assess the allegations she is
          receiving and make recommendations to the Government (27 November 1997) .
          Ob s e r vat i on s
          97 . The Special Rapporteur continues to be concerned about the status of
          human rights in Indonesia and East Timor, most especially in the context of
          violations of the right to life that occur because of the excessive use of
          force by government authorities during peaceful demonstrations and the ethnic
          tensions that are present in East Timor, Irian Jaya, and towards the
          Chinese—Indonesian ethnic community as a whole. The Special Rapporteur urges
          the new Government to ensure that violators of human rights in Indonesia are
          brought to justice. Additionally, she recommends that law enforcement
          agencies receive human rights training to reduce the severity of future
          clashes between the police and the citizenry. In addition, she would like to
          thank the Government for its replies to her communications.
          India
          98. The Special Rapporteur recognizes the hostile environment pervading
          various regions in the country. The efforts by the Indian Government to
          wrestore faith in the democratic order and the rule of law and to prevent
          further loss of life” in these areas is highly appreciated. Yet, these same
          laws protect mer ers of the armed forces from prosecution and appear to
          propagate extrajudicial, summary and arbitrary deaths resulting from the
          excessive use of force by military personnel. Such accounts, coupled with
          further reports on deaths in custody and deliberate killings, continue to be
          received by the Special Rapporteur.
          Communications sent
          99. The Special Rapporteur transmitted to the Government allegations
          regarding violations of the right to life on behalf of the following
          individuals:
          (a) Khaidem Bijoy Singh, who was arrested by the Thoubal police on
          10 January 1997 and whose dead body was found in the police station soon
          after. The Government reportedly paid the family Rs 50,000, but no judicial
          inquiry has been initiated to bring those responsible to justice;
          (b) Koijam Rajen, an alleged mer er of the People's Liberation Army,
          who was allegedly shot by police in Manipur after being taken from his home on
          6 February 1997. No judicial inquiry has been undertaken;
        
          
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          (c) Moirangthem Surjeet, Khanger am Inoaba and Takhelambam Jadumani,
          who were all allegedly killed on 25 February 1997 by soldiers stationed in
          Bazar. There has yet to be a judicial investigation inquiring into the
          matter;
          (d) Khamkhopao Misao, who was reportedly taken from his home on
          1 April 1997 by army personnel in Bungnual and killed shortly thereafter;
          (e) Kannuri Srinivas, who died after being taken from his home on
          22 May 1997 by police officers in Lakkepur. The police claim he was killed in
          an exchange of fire but eyewitnesses assert that no such incident ever
          occurred;
          (f) Ramaso Shingnaisui and Naokahao Shingnaisui, a father and son
          who were allegedly killed on 19 July 1997 by army personnel because of
          suspicion that they participated in an ambush against an army convoy.
          Ramaso Shingnaisui was apparently arrested by the army on 17 July 1997. Two
          days later, the local police were informed that his dead body was at the army
          camp;
          (g) Susendra Bhuyan and Amorendra Choudhury, two men who were picked
          up by army personnel on 17 June 1997. Reports claim that a high court ordered
          the army to hand over the detainees on 20 June 1997. On 21 June, the two dead
          bodies were allegedly delivered to the police station.
          Follow—un
          100. The Special Rapporteur feels that the Government of India does not
          welcome visits. Her predecessor had asked on several occasions to be allowed
          to visit the country, but to no avail. She is hoping to engage in a dialogue
          with the Government on this subject in the future.
          Ob s e r vat i on s
          101. The Special Rapporteur would like to note that the problem of
          extrajudicial executions permeates every region of India and that she is
          especially dismayed, in light of this observation, that the Government has not
          yet responded to any of her allegations.
          Iran (Islamic Republic of)
          Communications sent
          102. The Special Rapporteur sent five urgent appeals to the Government
          concerning individuals convicted in trials that failed to meet international
          standards.
          103. The first appeal was sent with the Special Representative on the
          situation of human rights in the Islamic Republic of Iran and the Special
          Rapporteur on violence against women, on behalf of Zoleykhah Kadkhida, a
          20-year-old woman sentenced to death on 11 August 1997 for reportedly engaging
          in sexual relations outside marriage. She was apparently stoned to death
        
          
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          despite the fact that an appeal for clemency was pending. After having been
          confirmed dead by doctors, Ms. Kadkhida began breathing and was taken to a
          hospital where her condition stabilized (6 January 1998) .
          104. The second appeal was sent regarding the case of Mohammad Ali Araei,
          allegedly sentenced to death by a military court that denied him the right to
          appeal. He was said to have been convicted of robbery and wbeing against the
          people's will” and was reportedly tortured until he signed a confession
          admitting participation in activities against the Government
          (13 February 1998) .
          105. The third urgent appeal was sent by the Special Rapporteur and the
          Special Representative on the situation of human rights in the Islamic
          Republic of Iran on behalf of Moreeza Firouzi, reportedly sentenced to death
          for espionage. According to the information received, he was held
          incommunicado for several months before being allowed access to legal counsel
          and was convicted in a secret trial (26 February 1998) .
          106. A follow—up urgent appeal was sent to the Government reasserting the
          Special Rapporteur's call for the protection of the right to life of
          Moreeza Firouzi (20 May 1998) .
          107. The last appeal was transmitted on behalf of Sirus Dhabihi-Mugaddam and
          Hidayat—Najafabadi, both reportedly sentenced to death for their religious
          beliefs (2 October 1998) .
          Communications received from the Government
          108. The Government replied to several corcoeunications transmitted by the
          Special Rapporteur. In regard to the case of Zoleykha Kadkhoda, the
          Government stated that she was released on 26 November 1997 and that her case
          was dismissed following the court's decision (17 February 1998) .
          109. In response to the allegations sent on behalf of 27 individuals who were
          said to have been killed by anti-riot police during a protest, the Government
          denied all claims. The Government asserted that violence had broken out
          during the ballot counting in a parliamentary election and two people died as
          a result while 26 others were injured. The Special Rapporteur was informed
          that the Bonab judiciary was investigating the case (18 Decer er 1997) .
          110. With reference to the case of Mohammad Ali Ataei, the Government stated
          that there was no record of him in the files of the Judiciary Organization of
          the Armed Forces (29 June 1998) .
          111. The Government also informed the Special Rapporteur that the Supreme
          Court had rejected the death sentences of Syres Zabihi and Heagat Kashefi,
          following which the defendants were retried by a court in Mashad and convicted
          of acting against national security. The men were sentenced to death but
          their sentences have yet to be confirmed by the Supreme Court. The Government
          assured the Special Rapporteur that if this occurs, Syres Zabihi and
          Hedayat Kashefi will still be able to appeal to the courts for clemency
          (7 October 1998) .
        
          
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          Ira q
          112. Reports continue to be received by the Special Rapporteur concerning the
          execution of hundreds of political prisoners detained in penitentiaries
          throughout the country. Sources claim that the reported deaths in these
          facilities are part of the so—called wprison cleansing campaign” that was
          ordered by the head of the Special Security Organization. These grave
          allegations also assert that the detainees were convicted because of their
          supposed opposition to the Government and after trials that did not meet
          international standards. The Special Rapporteur continues to be informed
          about the extensive use of the death penalty for drug—related offences and
          economic crimes.
          113. For an in-depth analysis of the human rights situation in the country,
          the Special Rapporteur refers to the most recent report submitted by the
          Special Rapporteur on the situation of human rights in Iraq to the Commission
          on Human Rights (E/CN.4/1999/37) .
          Communications sent
          114. The Special Rapporteur sent an urgent appeal on behalf of
          Aoemar Shahab al—Din, a Jordanian national who was reportedly sentenced to
          death on 7 Decer er 1997 for smuggling (12 December 1997) .
          115. An urgent appeal was also transmitted on behalf of hundreds of prisoners
          in Abu Ghraib and Radwaniyah who reportedly have been and continue to be
          executed as a part of the so—called wprison cleansing campaign”
          (29 December 1997) .
          116. The Special Rapporteur transmitted allegations regarding violations of
          the right to life on behalf of the following individuals:
          (a) Ayatollah al—Kharawi, a Shia leader of the Najaf Theological
          School, who was reportedly arrested by the Iraqi security force on
          19 June 1998 and shot along with three other unidentified persons. The body
          was reportedly found by Ayatollah al-Kharawi's son, who attempted to give it a
          ceremonial burial. Sources claim that personnel of the Iraqi security force
          took the body away and ircoeediately buried it;
          (b) Raheem Shuker Mahmoud, Ramadhan Karim Saeed, Fadhel Majid Hameed,
          Karzan Rashid Saber, Hussein Kadhem Jawad, Faleh Hassan Khudher, Nayef Allawi
          Hamoudi, Salah Hamza Mahmoud, Mekki Hassan Layeq, Khalaf Janhan, Jawad Hayder
          Al—yasseri, Aalaa Ali Abdul Hussein, Ahmed Aawaf Shaker, Hilal Hussein
          Abdul Samad, Abdul Aziz Taleb Hussein, Hamoudi Shallal Kadhem, Abdul Hamid
          Murtadha Shehab, Abdul Hussein Ali Alaa El-deen, Abboud Hilal Ramadhan,
          Fans Mahmoud Rashid, Fadhel Redha Hassan, Hamoudi Ayed Aydan, Saleh Abdul
          Hadi Haddam, Haythem Hasan Hareth, Wasef Allawi Tumah, Umayr Jassam Umran,
          Mahmoud Taleb Wajed, Fans Onwan Lahib, Mehdi Ayesh Eidan, Abdul Samee
          Hasson Alaa, Safaa Hussein Ali, Abdul Fattah Ismail Ali, Mohammaed Shehab Ali,
          Ayed Khalaf Ghafel, Fayyadh Mekki Issa, Salen Hussein Wejdan, Amir Saleh
          Hussein, Musleh Khalil Hussein, Nafi Khaled Yassin, Ramadhan Mehdi Issa,
          Hussein Ad d Hussein, Mustapha Jaber Eager, Eager Mehdi Salman, Atheer Kadhem
          Milad, Hamdan Hussein Ali, Enad Abdul Aahad Hussein, Lamee Nasssar Abdul Ban,
        
          
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          Atheer Qassem Allawi, Hussein Raed Kadhem, Kadhem Hussein Jaber, Murtadha
          Jalil Sayfullah, Awad Hassan, Jassem Jadou Salem, Farhan Hameed Ali,
          Hassan Hussein Fares, Dheyaa Nayef Hadi, Hussein Murshed Faysel, Radhi Abdul
          Wahed Fattah, Fakher Pkdul Wahed Eidan, Sadr-ul-deen Sultan Maree, and
          Shehab Humoud Faleh, who are all alleged to have been arrested for their
          participation in the May 1991 uprising and killed in June 1998 in accordance
          with the wprison cleansing campaign”. The bodies were allegedly buried in
          mass graves without notification to the families.
          Communications received from the Government
          117. The Special Rapporteur received two replies from the Government of Iraq
          concerning individual allegations and appeals. The first corcoeunication was an
          assurance by the Government that all information regarding Hamed Rahmani would
          be submitted (26 Nover er 1997) .
          118. A reply was also received concerning the case of Ammar Ghalib Mahmoud
          Shihab al-Din, a Jordanian national convicted of smuggling heavy equipment
          across the Iraqi—Jordanian border. The Government confirmed reports that
          he was sentenced to death but stated that the Amnesty Decree of
          President Saddam Hussein enabled him to return to Jordan (30 March 1998) .
          Israel
          119. For an in-depth analysis of the human rights situation in the country,
          the Special Rapporteur refers to the most recent report submitted by the
          Special Committee to Investigate Israeli Practices affecting the Human Rights
          of the Palestinian People and Other Arabs of the Occupied Territories to the
          General Asser ly (A/53/661) .
          Communications sent
          120. The Special Rapporteur sent individual allegations regarding the
          violation to the right to life on behalf of the following persons:
          (a) Ali Jawarish, a 7 year-old child reportedly shot
          on 11 November 1997 by soldiers of the Israel Defence Forces during clashes at
          Rachel's Tomb in Bethlehem. Reports claimed that he was among several dozen
          Palestinian children who were throwing stones and burning tyres during a
          Jewish religious ceremony. One soldier was blamed for firing at the group and
          was alleged to have shot Ali Jawarish. It was further stated that no
          assistance was offered to the child;
          (b) Ibrahim Tawfiq Abu Ratima, a 14 year-old child reportedly shot by
          an Israeli soldier on 22 June 1997 after refusing to follow his orders. The
          boy was apparently taken to Shifa hospital where he died on 3 July 1997;
          (c) Marwan Hassan Ibrahim Maali, imprisoned on 4 August 1997
          by the Israeli army and found dead in his cell in Megiddo prison
          on 15 September 1997. Official reports claim he corcoeitted suicide; however,
          this was refuted by the source. It was reported that he was in good health
          mentally, and a scheduled family visit was prohibited by the authorities the
          day before he was said to have died;
        
          
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          (d) Khalid A u Abu Daiyya, reportedly detained in West Jerusalem where
          he was beaten and tortured. He allegedly died at Sharei Zedek hospital
          on 21 May 1997 and the autopsy report was said to have confirmed that he had
          been subjected to severe beatings which resulted in multiple fractures on the
          right side of his face. Sources claimed that he was beaten to death with
          heavy instruments.
          Ob s e r vat i on s
          121. The Special Rapporteur is gravely concerned about the continuing
          situation in the occupied territories and notes that such a situation tends to
          have a dehumanizing effect on those involved. She is appalled that in the
          past year the conflict in this region and the anger resulting therefrom were
          the cause of the death of an innocent 7—year—old child.
          Japan
          Communications sent
          122. One urgent appeal was sent to the Government on behalf of Shimazu
          Shinji, Ida Masamichi, Tsuda Akira, Muratake Masahiro and Takeyasu Yukihisa,
          who were reportedly facing imminent execution after being denied legal counsel
          during the investigation of their case (15 January 1998) .
          123. The Special Rapporteur transmitted an allegation regarding the violation
          to the right to life on behalf of Mousavi Abarbekouh, an Iranian national who
          reportedly died while being held in a detention centre in Tokyo. His death
          allegedly followed a fight between himself and prison guards and was
          reportedly caused by a head injury.
          Communications received
          124. Regarding the case of Shimazu Shinji, Ida Masamichi, Tsuda Akira,
          Muratake Masahiro and Takeyasu Yukihisa, the Government stated that all those
          suspected and accused of corcoeitting crimes are guaranteed the right to legal
          defence, including the aforementioned persons. Furthermore, when the offence
          is punishable by death and the accused cannot secure a defence counsel, the
          State must assign one. All convicted persons are afforded an adequate appeals
          process (3 March 1998) .
          125. The Government replied to the allegations concerning the case of
          Mousavi Abarbekouh, stating that while being detained by the Immigration
          Control Office, he had been restrained by officers after he pushed them. When
          the officers attempted to remove the instrument of restraint, the detainee
          threw his head back and hit it on the floor and lost consciousness. A
          prosecutorial investigation into the matter concluded that no crime had been
          committed by the officers and that Mousavi Abarbekouh died as a result of his
          own actions (30 October 1998) .
        
          
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          Kazakhstan
          Communications sent
          126. The Special Rapporteur submitted an urgent appeal, together with the
          Special Rapporteur on the question of torture, on behalf of Khamit Memet and
          two other ethnic Uighur Chinese nationals who were reportedly in ircoeinent
          danger of being extradited to Kinjiang Uighur Autonomous Region where they
          faced torture and possibly execution. All three men were apparently arrested
          while attempting to cross the border between China and Kazakhstan and were
          being detained in the ffinvestigation isolation prison” of the Committee of
          National Security in Almaty (26 October 1998) .
          Liberia
          Communications sent
          127. The Special Rapporteur transmitted one communication to the Government
          of Liberia concerning the deaths of Samuel Dokie, Janet Dokie and two other
          unidentified persons. All four were reportedly arrested on 29 November 1997
          by soldiers of the special security forces. Their bodies were found
          on 4 Decer er 1997 on the outskirts of Gbarnga. Five reported arrests were
          made in connection with this incident.
          Mal ays i a
          Communications sent
          128. The Special Rapporteur sent allegations regarding the violation of the
          right to life on behalf of the following individuals:
          (a) Enyang Ak Gendang, reportedly killed on 19 December 1997 by
          Malaysian police during a violent conflict that broke out between indigenous
          Iban villagers and the police forces. It was alleged that the villagers were
          unarmed, thus indicating an excessive use of force by the police;
          (b) Eight unidentified Indonesians who were being forcibly repatriated
          by the Malaysian police from ircoeigration detention camps. During the
          repatriation on 26 March 1998, resistance by one group led to a violent
          incident in which the eight individuals were reportedly killed along with one
          police officer;
          (c) Usman Bin Muhammad, who reportedly died on 10 November 1997 at the
          immigration depot in Malacca. He was said to have been suffering from severe
          stomach, leg and thigh pain and did not receive any medical attention.
          According to the autopsy, he had a ruptured intestine and blood clotting in
          his lungs and heart.
          Me x i c o
          129. The Special Rapporteur reports that while, owing to a lack of resources,
          fewer allegations were sent this year to the Government of Mexico regarding
          violations of the right to life the human rights situation in the country
        
          
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          remains preoccupying, especially in light of the recent killings in Chiapas.
          The Government did, however, make an admirable attempt to respond in detail to
          numerous past allegations.
          Communications sent
          130. The Special Rapporteur sent one urgent appeal to the Mexican Government
          during the period under review on behalf of the indigenous peasant populations
          living around the area of Acteal in the municipality of Chenalho, Chiapas
          State. The appeal was sent in the aftermath of the killing of 45 Tzotziles
          on 22 December 1997 in this area. During the incident, it was reported
          that 21 women, 15 children and 9 men died, while several others were injured
          and hospitalized. The killings are believed to have been carried out by
          two paramilitary groups known as Paz y Justicia (Peace and Justice) and
          M scara Roja (Red Mask) , who reportedly attacked the indigenous group for
          their support of the armed opposition group known as the Zapatista National
          Liberation Army (EZLN) . It was further alleged that the killings took place
          near a police station but that the police did not intervene (16 January 1998) .
          131. In addition, the Special Rapporteur brought allegations of the violation
          of the right to life of 25 individuals to the attention of the Mexican
          Government.
          132. The dead body of Jorge Nava Aviles was discovered in the vicinity of
          Iguala—Palmira along the Mexico—Acapulco Highway by mer ers of the Federal
          Highway Police as it was being disposed of by three officials from the
          State of Morelos. It was alleged that Mr. Nava Aviles had been detained
          on 27 January in Jiutepec, Morelos, by members of the police force.
          133. Cenobio Sixto Santos, 17 years old, was allegedly killed
          on 26 March 1998 by members of the Federal Army, who entered the community of
          Barrio Nuevo, San Jos , Tlacoachistlahuaca municipality, Guerrero State, where
          they searched homes for firearms. During the operation, it is reported that
          Cenobio Sixto Santos died from blows he received from the soldiers. It is
          said that Barrio Nuevo San Jos has actively sought recognition as an
          indigenous group for some time.
          134. Gerardo Villarreal Rodriguez reportedly died on 26 February 1998 in
          Linares, Nuevo Le6n, after having been ill—treated by members of the State
          Judicial Police.
          135. Jose Tila L6pez Garcia, a Chole indigenous person, was reportedly killed
          by members of the Paz y Justicia paramilitary group as a reprisal for having
          denounced the human rights situation in Mexico to the International Civil
          Commission of Human Rights Observers. His death reportedly took place
          on 28 February 1998 in the town of Tzaguil.
          136. Oscar Rivera Leyva was allegedly killed on 19 April 1998 in Atoyac by a
          group of individuals who counted among their numbers an active member of the
          military. Mr. Rivera Leyva was reportedly shot dead as he was leaving a
          political meeting, and it is believed that his death was a reprisal for
          denunciations he had made concerning the human rights situation in Mexico,
          particularly in regard to the Agua Blanca massacre.
        
          
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          137. Fernando F lix Guadalupe, Manuel Francisco Prisciliano, Fidencio Morales
          Castro, Juan Garcia de los Santos, Apolinar Jim nez Garcia, Honorio Garcia
          Lorenzo, Mauro Gonz lez Castro, Mario Ch vez Garcia, Daniel Crisoforo and
          Ricardo Zavala were reportedly killed in El Charco on 7 June 1998 by members
          of the Mexican military. All of the men were reportedly members of the
          Popular Revolutionary Army (EPR) and were sleeping in the Caritino Maldonado
          school, when they were allegedly awakened by gunfire and killed in the ensuing
          firefight.
          138. Daniel Colinenciso, Jan Carlos Moreno, Iv n Moreno, Rom n Morales
          Acevedo, Carlos Alberto L6pez Ines and Angel Leal Olinares were allegedly
          killed in Colonia Buenos Aires on 8 September 1997 after they were reportedly
          detained by police. The next day the bodies of the first three were found
          near Tlahuac; the other three were found on 29 September 1997 in the vicinity
          of Ajusco Medio. It is reported that all of the bodies showed signs of
          torture and had been shot.
          139. Mirey Trueba Arciniega, was reportedly killed by a member of the
          military on 22 August 1998 in Guadalupe y Calvo municipality when the truck he
          was riding in with two friends was stopped by the military and he jumped out
          of the back and ran. It is reported that he was shot in the back and later
          died in the hospital.
          140. Elber Solano Solano, age 12, was reportedly killed on 30 August 1998 in
          Rancho de Martin Cruz by a member of the military as he and his friend were
          drawing water from a well. It is alleged that the soldier told the boy that
          he wanted to have sexual relations with him and that he later shot
          Elber Solano.
          141. Santiago Luna Reyna, a member of the Peasants' Organization of the
          Southern Sierra, was allegedly killed on 15 March 1998 in Tepetixtla by
          members of a paramilitary group.
          Communications received from the Government
          142. The Government of Mexico sent several communications to the Special
          Rapporteur during the period under review in response to allegations sent
          during 1997 and 1998.
          143. The Mexican Government sent a reply to the Special Rapporteur on the
          question of torture regarding the cases of Jos L6pez Reyes and Ricardo Rico
          Ubaldo. An investigation into the case was undertaken by the Government,
          including forensic analysis, and the case was presented in the First Court of
          First Instance in the Judicial District of Kalapa in October 1996. At that
          hearing, penal action was taken against 12 mer ers of the Judicial Police of
          Veracruz for the qualified homicide of Jos L6pez Reyes and Ricardo Rico
          Ubaldo. During the whole of the proceedings all pertinent constitutional
          provisions were observed and the individuals' rights were respected
          (20 October 1997) . The Special Rapporteur was later informed that the parties
          responsible for the deaths of Mr. L6pez and Mr. Rico had been discharged from
          their duties as public servants (October 1997) .
        
          
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          144. In relation to the case sent by the Special Rapporteur on behalf of
          Andr s L6pez, allegedly killed in Coyul, Matlatonoc municipality, Guerrero
          State, the officials charged with investigating the case could find no
          evidence of the death of this man in the state records. Further information
          was requested (not dated) .
          145. Also received was information concerning the case of Erick Cardenas
          Esqueda, who died in police custody on 4 January 1997, causing an initiation
          to be undertaken by state officials. The autopsy revealed that death was
          caused by a lack of blood to the brain, perhaps due to hanging. Three police
          officers from the municipal police of Nuevo Laredo have been implicated in the
          case, but have not yet been sanctioned because the case has not yet been
          concluded. For this reason as well no compensation has been paid to the
          family (October 1997) .
          146. Concerning the case of the death of Alejandro Herrera Flores, an
          investigation has been undertaken by the appropriate state authorities who
          have found that he died on 5 October 1996 from gunshot wounds, received from
          police personnel when he refused to allow them to inspect his vehicle.
          Charges have been brought against the policemen for qualified homicide and
          abuse of authority, but as the trial is still in process, no sanctions had
          been applied, nor had the family received any compensation (October 1997) . In
          an update, the Government of Mexico confirmed that those responsible for the
          death of Mr. Herrera had been sentenced and were in prison (12 February 1998) .
          147. The Government also sent information regarding the case of the deaths of
          Belisario Villegas Perelleza, Silvestre Bernal and Jos Mario Payan Beltr n,
          reportedly killed in Sinaloa on 29 Nover er 1996. An investigation was
          launched and three officers of the Municipal Police of Sinaloa de Leyva have
          been convicted of killing the three men; however, the whereabouts of the
          officers is at present unknown, so sanctions against them cannot be carried
          out. The court has yet to determine the compensation due to the families of
          the victims (October 1997) . In an update, the Government indicated that the
          officers responsible were still at large, and that several other members of
          the police department had been found guilty of complicity (February 1998) .
          148. In a follow—up to last year's comments on the case of Gerardo Hurtado
          Arias, the Government of Mexico stated that an investigation was launched into
          this matter and that the Special Rapporteur will be advised of any future
          developments (20 February 1998) .
          149. Regarding the case of the deaths of Silvano Martinez Salinas, Olivia
          Vargas Carro, Maria Carro Jim nez and Mario Martinez Vargas, a minor, a
          complaint was filed by Flavio Sosa Villavicencio with the National Human
          Rights Corcoeission, which asked the appropriate authorities in Oaxaca to
          conduct an investigation. More information will be transmitted as this
          investigation progresses (13 Nover er 1997) .
          150. The Mexican Government provided more information concerning the death
          threats against Yessica Yadira Diaz and her mother, Maria Eugenia
          Cazares de Diaz, in Durango State, asserting that the Procurator General of
          Durango State went to the home of Maria Eugenia Cazares de Diaz because he had
          been told that unknown persons had been seen in the vicinity of her home and
        
          
          E/CN. 4/1999/39/Add.1
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          he wished to offer her police protection, which she accepted;
          Ms. Cazares de Diaz reportedly informed the state authorities that she
          felt sufficiently secure (14 Nover er 1997) .
          151. Information was also submitted in the case of the death of Celerino
          Jim nez Alm raz. The Government denied that members of the Oaxaca State
          Police entered the home of Mr. Jim nez and killed him, asserting instead that
          upon entering the areas of Jalatengo and Copalita, San Mateo Rio Hondo
          Miahatlan, the police were fired upon and had to return fire to defend
          themselves. After this incident the police reportedly surveyed the area and
          came upon Mr. Jim nez who was still alive but apparently badly injured.
          The police allegedly tried to transport him to the hospital, but he died on
          the way. A police investigation was launched. Later, Maria Estela
          Garcia Ramirez, the deceased's widow, filed a complaint that the police had
          entered her home, shot her husband and beaten her father and brother, stolen
          3,500 pesos and a recorder, and caused damage to the home. Upon
          investigating, state medical specialists found no evidence of injury to any
          member of the family, nor was there any apparent damage done to the home.
          The matter has yet to be resolved and is still being investigated
          (14 November 1997) . In a follow—up letter, the Government informed the
          Special Rapporteur that it had received no confirmation of the death threats
          supposedly levelled against Maria Estela Garcia Ramirez and that she would
          have to come to police headquarters to lodge a complaint. There was no new
          information on the death of Celerino Jim nez Alm raz (6 February 1998) .
          152. As concerns the case of the death of Juan Aceves Cruz, the Government
          transmitted a report prepared by the Procurator General of the State of Oaxaca
          stating that all of the facts of the case as submitted were correct, except
          that Juan Aceves Cruz was inside a restricted zone of the Oaxaca airport when
          he was shot. Apparently, the military authorities in this area warned the
          deceased three times to vacate the area and then fired two warning shots into
          the air, at which point the man, who on horseback, allegedly charged a
          lieutenant. At this point Juan Aceves Cruz was shot. His body was identified
          by his mother who has demanded an investigation into his death. This
          investigation is being carried out by the competent authorities, who will
          transmit further details to the Special Rapporteur upon completion of the
          inquiry (14 November 1997) .
          153. Regarding the case of the death of Adri n Sebasti n Antonio, the
          Government submits that the facts of the case as transmitted by the Special
          Rapporteur are incorrect. The Government maintains that Adri n Sebasti n
          Antonio was found by police in the area of the ranch Llano Maguey in
          possession of a 22—calibre rifle and 8 live cartridges. As he had no licence
          and the weapon was not registered, the police detained him. During the trip
          to Oaxaca the vehicle, carrying the detainee and seven policemen, burst a tyre
          and tipped over. Everyone inside was injured and Adri n Sebasti n Antonio
          died. An investigation has been undertaken and the driver of the vehicle is
          standing trial for causing the death of Adri n Sebasti n Antonio and the
          injuries to his fellow police officers. A sum of 50,000 pesos has been
          paid to the family of Adri n Sebasti n Antonio in compensation for his
          death (14 November 1998) .
        
          
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          154. In the case of the death of Antonio Torres Estrada, an investigation by
          the Procurator General of the State of Guanajuato has been initiated, but no
          evidence has been found to suggest who may be guilty. It was postulated that
          the deceased may have caused his own death by falling and hitting his head
          while drunk (11 January 1998) . In an update, the Mexican Government stated
          that the subject had died in the hospital from a blow to the head that he had
          received from police officers while in prison. No mention was made of a case
          pending against the officers who inflicted the blow (12 February 1998) .
          155. Regarding the death of Reyes Penagos, the Government affirms the facts
          of the case as transmitted by the Special Rapporteur and has launched an
          investigation, which had not yet concluded (11 January 1998) . In an update,
          the National Corcoeission for Human Rights found police officers of the State of
          Chiapas responsible for Reyes Penagos' death. Its investigation could be
          carried no further because of a lack of cooperation from the police forces.
          The matter has been handed over to the Chiapas state government
          (12 February 1998) .
          156. The Government further reports that judicial proceedings against those
          stated to be responsible for the death of Sixto de la Rosa Martinez is now
          underway. The facts of the case as the Special Rapporteur transmitted
          them were correct. The family of the deceased has yet to receive any
          compensation (12 January 1998) .
          157. In response to the Special Rapporteur's transmitted allegations and
          inquiries regarding the events that transpired on 22 Decer er 1997 in the area
          of Acteal, Chenalho municipality, Chiapas, the Government replied that
          immediately after the occurrence of the events, it sent teams of investigators
          into the area. By 28 December 1997, it had been decided to proceed with
          criminal charges against 40 individuals, including 3 minors. Additionally, it
          was reported that humanitarian aid was furnished to the area. The
          investigations and trials were still under way at the time of the Government's
          communication (21 January 1998) . The Government provided additional
          information on this matter, including news of the indictment of nine other
          persons including government officials. Information was also provided
          concerning the follow—up activities of the Procurator General of the Republic,
          the Secretary of Governance, the Secretary of National Defence and the
          National Commission of Human Rights (30 January 1998) .
          158. The National Corcoeission of Human Rights submitted a report on the
          investigation surrounding the case of the three journalists, Rene Solorio,
          Ernesto Madrid and Gerardo Segura, whose lives were supposedly threatened
          because of reports they had made on TV Azteca. The Corcoeission provided a
          detailed outline of the progress of the investigations undertaken, ending with
          the journalists' supposed refusal to appear for any further questioning in
          October 1997 (6 February 1998) .
          159. The Government also provided information that, with reference to death
          threats made against Gustavo Zarate, Celso Cruz, Mariano L6pez, Inar Berneli
          Dominguez, Jorge Motolinia, Rosendo Hern ndez and Felipe L6pez, the government
          of the State of Chiapas has taken measures to protect the lives of these
          individuals (28 May 1998) .
        
          
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          160. Concerning the case of Jorge Nava Aviles, the Government replied that
          several police personnel have been implicated and/or convicted for the killing
          of this individual and the subsequent police cover-up. In addition, the
          Procurator General of the Republic has arranged some human rights training for
          government police forces (23 June 1998) .
          Follow—un
          161. The Special Rapporteur sent a letter to the Government inquiring about a
          newspaper article that appeared in La Jornada on 12 August 1998, which stated
          that she had been invited by the Mexican Government to visit the country. The
          Special Rapporteur requested more information regarding this invitation, so
          that she could begin to propose dates for a visit to Mexico. At the date on
          which this report was written, she still had not received a response from the
          Government. The Special Rapporteur would like to reiterate her desire to
          visit Mexico (17 September 1998) .
          Ob s e r vat i on s
          162. The Special Rapporteur regrets the gravity of the violations of the
          right to life in Mexico in the past year and finds the events that occurred in
          Chiapas especially disturbing. Additionally, it is worrying that indigenous
          populations seem to be regularly targeted for this type of violence, as are
          human rights defenders. The Government's numerous and thorough replies to
          past allegations is, however, encouraging and demonstrates a will to cooperate
          with the Special Rapporteur's mandate. She sincerely hopes that this spirit
          of cooperation will result in a formal, written invitation from the Government
          to visit the country.
          Mo r o c c o
          163. The Special Rapporteur transmitted one allegation of violation of the
          right to life to the Moroccan Government on behalf of Khatri Embarec El-Abd,
          allegedly killed on 11 June 1998 near the Algerian border. He had apparently
          travelled to Rabat to request a travel visa to Mauritania, which was denied
          him. On 11 June 1998 his family was informed that he had died of gunshot
          wounds.
          My a nm a r
          164. The Special Rapporteur received a large nur er of reports of alleged
          killings during the period under review. Forced village relocations, forced
          portering and labour for the military suffered mostly by ethnic minorities,
          and the impunity of the security forces remain situations for concern from the
          perspective of extrajudicial, summary, or arbitrary executions. Sources claim
          that many ethnic minorities, particularly the Karen, have had to flee to
          refugee camps in Thailand. Additionally, it should be noted that many of
          those killed were women, children and elderly people.
          165. For an in-depth analysis of the human rights situation in the country,
          the Special Rapporteur refers to the reports submitted by the Special
        
          
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          Rapporteur on the situation of human rights in Myanmar to the General Assembly
          at its fifty—third session (A/53/364) and to the Corcoeission on Human Rights at
          its fifty-fifth session (E/CN.4/1999/29) .
          Communications sent
          166. The Special Rapporteur transmitted the following allegations to the
          Myanmar Government:
          (a) Regarding persons who returned to the villages from which they
          were forcibly relocated to harvest crops or gather livestock and were
          reportedly killed, allegations were transmitted on the following persons:
          Sai La, Nang Lu, Nang Mon (12) , Nang Li, Sai Wa—Ling, Sai Lu, Sai Suay—La,
          Nang Suay—Khin, Loong Sarm—Tao, Nang Lek, Sai Aw—Wa—Ta, Sai Wi—Zik—Ta,
          Nang Suay-Yunt, Loong Ma-La, Sai Nan-Ti-Ya, Nang Phawng, Nyo Awng, Ping Nya,
          Wi Ling Ta, Nang Kyar, Nang Kyawt, Pan Ta, Nang Tarn, Tar Li, Ping-Nyar,
          Ai Nyar, Pan Ti Ta, Ai Kaw, Sai Tun, So Na, Nang Kahm (15), Nang Yong, On Ta,
          Pc Htee, Za Ling, Zik Ta, So Pc Ta, Aye La (13) , Nang Ing, Ti Mat, Pin Ya and
          Ko Ling;
          (b) Regarding persons accused of participating in or aiding insurgent
          groups who were reportedly killed, allegations were transmitted on the
          following persons: Loong Su, Nang Nu, Hla Soe, Naw Lah Kweh, Loong Kaw Ya,
          Loong Aw, Loong Leng, Loong Hawm, Sai Ma La, Sai Taw Na, Sai Awng La, Sai Wi
          Yig Ta, Sai Saw Nan Ta, Sai Ya Zing Ta, Nang Non Zing, Nang Ham, Nang Poi,
          Nang Lu, Nang La, Kae Lar, Pam La, Ya Ying Ta, Zai Saw Ying Na, Aw Pae Ta,
          Wa Lik Ta, Nya Na, Phaw Ka, Kaw Ling, Wi Mar Lar, Nang Suay Han, Nang Man,
          Zai Mar Lar, Zai Too, Loong Sai Long, Loong Yawd Kham, Loong Sai Long,
          Loong Yawd Kham, Loong Par Hla, Loong Thi, Sai Hla Kyi, Sai Tee Ya, Sai Kham,
          Sai Nu, Sai Myo, Sai Leang, Sai Ar Lee Ya, Sai Vi Sing Tar, Sai Kar Vi, Sai Vi
          Mar Lar, Nang Pong, Nang Aye, Nang Pool, Nang Kham Arm, Nang Parng and
          Nang Soi;
          (c) Regarding the alleged killings of villagers near their homes or
          through forced labour assignments, allegations were transmitted on the
          following persons: Nang Ying—Yunt (17), Loong Kank Sai, Pa Nya Paw, Loong,
          Mu, Loong La, Loong Sai Long, Awng Sa, Loong Loi Kham, Pam La, Awng Mya,
          Kham Leng, Loong Mung, Loong Loo, Ta Naw, Awng Thun, Sai Ham, Loong Pan—Ta,
          Loong Kham-Leng, Sai Thun-Nae and Khin Maung Win;
          (d) Regarding the alleged killing of political detainees and monks,
          allegations were transmitted concerning the case of U Tin Shwe, a 67—year—old
          lawyer and prominent writer, and Venerable Yan Na and Venerable Em Taga, both
          monks;
          (e) Regarding refugees reportedly killed in transit, allegations
          were transmitted concerning Nang Kham, Nang Lu (17), Nang Oom (16) and
          Nang La Koi (16) .
          167. In addition to these allegations, the Special Rapporteur also
          transmitted allegations concerning violations of the right to life on behalf
          of 49 unidentified persons.
        
          
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          Ob 5 Vat on
          168. The Special Rapporteur is deeply dismayed by the large nur er of
          allegations of the Violation of the right to life by State actors which she
          continues to receive. She finds the impunity enjoyed by these persons most
          abhorrent and notes that many of the deaths reported occurred owing to alleged
          forced portering, forced relocations, and violence against women. She also
          regrets that ethnic minorities, especially the Karen population, appear to be
          targeted for these abuses. She would encourage the Government to institute
          democratic practices as soon as possible and to take steps to ensure its
          population's human rights by bringing those who commit violations of these
          rights to justice. She further regrets that the Government of Myanmar has not
          responded to her communications and looks forward to receiving these replies
          in the future.
          Nepal
          Communications sent
          169. The Special Rapporteur transmitted one communication to the Government
          of Nepal concerning the death of Namchung Gyatso, a Tibetan monk shot by
          Nepalese police during an armed clash on 15 September 1998. He reportedly
          died because of the one—hour delay it took for the police to transfer him to a
          hospital.
          Communications received from the Government
          170. The Government transmitted one reply to the Special Rapporteur during
          the period under review. In its report, the Nepalese Government asserted its
          desire to promote and institutionalize human rights. It declared that people
          in custody are not tortured and are provided with appropriate medical
          attention. Furthermore, the Government stated that within the past two years,
          a terrorist group called the Maoists has been responsible for attacks on
          police posts, the maiming of innocent and unarmed civilians, the destruction
          of private property and the deaths of 143 people. In dealing with this armed
          insurgent group, the Government maintains that no one has died in police
          custody, and that they are attempting to resolve the problem with the utmost
          seriousness (14 April 1998) .
          Ob s e r vat i on s
          171. Despite the corcoeunication received this year refuting all allegations,
          the Special Rapporteur regrets that no replies to any individual allegations
          or urgent appeals have been received in the past two years. The Special
          Rapporteur remains concerned at the apparent worsening of the human rights
          situation in the country. The allegations that the police are carrying out
          extrajudicial executions and framing armed Maoist groups as the culprits are
          particularly worrisome. She calls on the Government to fully cooperate with
          her and take steps to investigate and bring to justice all perpetrators of
          violations of the right to life.
        
          
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          Ni Qeria
          172. It has been brought to the attention of the Special Rapporteur that the
          death penalty in Nigeria is being used on a regular basis by military
          tribunals that deny defendants rights guaranteed to them by international law.
          Such rights include adequate legal representation and the right to appeal to a
          higher tribunal. Since 1996, these military tribunals of Nigeria have applied
          the death penalty to crimes such as treason, murder and armed robbery.
          173. For an in-depth analysis of the human rights situation in the country,
          the Special Rapporteur refers to the most recent report submitted by the
          Special Rapporteur on the situation of human rights in Nigeria to the
          Commission on Human Rights at its fifty-fifth session (E/CN.4/1999/36) .
          Communications sent
          174. The Special Rapporteur sent two urgent appeals to the Government of
          Nigeria on behalf of individuals convicted of treason and sentenced to death
          by a military tribunal that did not meet international human rights standards.
          This first communication was sent on behalf of 26 unnamed persons
          (19 March 1998) .
          175. The follow—up appeal identified Lieutenant—General D. Oladipo Diya,
          Major General Abdulkarim Adisa, Major General Tajudeen Olanrewaju,
          Major Olusegun Fadipe, Lieutenant Colonel Olu Akinyode and Bola Adebanjo as
          individuals facing imminent execution following their allegedly unfair
          convictions (30 April 1998) .
          176. The Special Rapporteur transmitted allegations regarding violations to
          the right to life on behalf of the following persons:
          (a) Chidiebere Onuoha, a 17—year—old male who was executed on
          31 July 1997 after being sentenced to death by a robbery and firearms tribunal
          that failed to meet international standards;
          (b) Alhaji Shehu Musa Yar'Adua, who reportedly died on 8 December 1997
          while incarcerated in Abakaliki prison. Unsanitary and life—threatening
          conditions are blamed for his death;
          (c) Patrick Usikekpo, who reportedly died on 16 Decer er 1997 in
          Uyo prison because of unsanitary conditions and lack of medical care.
          Pakistan
          177. The Special Rapporteur has learned that large—scale violations to the
          right to life are continuing to occur in Pakistan. Reports claim that many
          killings are corcoeitted by the police and members of armed terrorists groups,
          who are allegedly acting with the full support and protection of the
          Government. During the period under review, law enforcement officials,
          security forces, paramilitary rangers, intelligence agencies and police
          officers have all been accused of corcoeitting extrajudicial executions. Many
        
          
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          of the victims include members of political parties, such as the
          Muttahida Quami Movement, who were identified and singled out by the
          assailants.
          178. Allegations were also received concerning the extrajudicial, summary, or
          arbitrary executions of women. Sources reported that women in Pakistan
          continued to be victims of criminal violence and were killed for harming the
          family's or clan's honour by choosing their own marriage partners. It was
          further asserted that in many cases, tribal councils held quasi—judicial
          trials and sentenced women to death.
          Communications sent
          179. The Special Rapporteur sent one urgent appeal to the Government of
          Pakistan on behalf of Ayub Masih, a 27—year—old Christian convicted of
          blasphemy and sentenced to death on 27 April 1998 (12 May 1998) .
          180. Concerning killings committed by law enforcement personnel, paramilitary
          rangers or local police, the Special Rapporteur transmitted five allegations
          on behalf of the following persons: Abdul Wahab, who was reportedly killed on
          17 July 1998 by two gunmen who emerged from a mobile post of the paramilitary
          rangers; Salim Akhtar, Fakhre Alam and Syed Moharcoead Nazr Ul Huda who were
          all reportedly killed by a police constable of Garden police station on
          19 July 1998; and Mansoor Hussain, who was said to be killed on 26 August 1998
          by members of the Gharibbad police station.
          181. Concerning killings committed by law enforcement personnel and/or
          paramilitary rangers together with members of the Haqiqi group, the Special
          Rapporteur transmitted eight individual allegations on behalf of the following
          persons: Abul Qasim, Mohammad Afzal, Amanullah, Mohammed Aslam, Mohsin,
          Azhar Mahmoud, Mohammad Azeem and Mohammad Adil Sheikh. Furthermore,
          10 unidentified persons were said to have been killed on 12 August 1998
          by eight gunmen who fled in the direction of the paramilitary rangers
          headquarters after carrying out the executions.
          182. Concerning deaths committed by mer ers of the Haqiqi group with the
          supposed support and protection of the Government, the Special Rapporteur
          transmitted 21 individual allegations on behalf of the following persons:
          Syed Naveed Hasan Naqvi, Dr. Mansoor Ahmed Siddiqui, Moharcoead Yusuf,
          Mumtaz Hussain, Zainul Abdeen, Mohammed Salim, Noor Alam, Zaheer Ahmed,
          Mohammad Akbar Khan, Mohammad Moeen, Mohammad Nasir, Moharcoead Tahir, Zeeshan,
          Imran, Saeed—Ur—Rehman, Ahtisham Uddin, Shaukat, Riasat Hussain,
          Mohammad Jameel, Moharcoead Sohail and Mohammad Ismail. The aforementioned
          were all killed in the area of Karachi.
          Ob s e r vat i on
          183. The Special Rapporteur is alarmed at the reports of almost daily
          killings of people in police encounters and the lack of proper inquiry by the
          Government into such killings. The Special Rapporteur further regrets that
          the Pakistani Government has sent no replies to the allegations transmitted
          during 1995, 1996, 1997 or 1998.
        
          
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          Panama
          Communications sent
          184. The Special Rapporteur transmitted one allegation of the violation of
          the right to life to the Government of Panama on behalf of Juan Santos,
          allegedly killed 17 June 1997 by police officials in the town of
          Puente Blanco, Bocas del Toro province. Apparently, a conflict broke out in
          the corcoeunity between local security forces and the town's inhabitants when
          security forces asked the local people to vacate the area of Puente Blanco.
          Allegedly, security forces then released tear gas and beat various members of
          the corcoeunity. During this incident, a shot was fired which reportedly caused
          the death of Juan Santos.
          Communications received from the Government
          185. The Panamanian Government informed the Special Rapporteur that it has
          undertaken an investigation into the death of Cipriano Garcia. The cause of
          death has been determined by autopsy, but it remains unclear who committed the
          killing, and as of yet, no one has been accused of this crime (3 June 1998) .
          186. Additionally, the Government of Panama submitted a very detailed reply
          to the allegations concerning the death of Juan Santos Chobra, including a
          video tape of the incident which led to his death and a transcript of the
          investigations undertaken. Although the investigation and its consequent
          court proceedings have not yet been completed, the Government claims that on
          17 June 1997, police forces entered the town of Puente Blanco with specific
          orders not to engage in conflict with the indigenous populations. However,
          the documents report that the police encountered an already angry and armed
          citizenry, at which point the use of tear gas was necessary to disperse the
          crowd. In the middle of this confusion, officer Eduardo Espinoza fired three
          shots, two warning shots and a third, which hit and killed Juan Santos Chobra.
          Mr. Espinoza has been charged in the killing and his trial is pending.
          Compensation for the family of Mr. Santos is pending the results of this trial
          (5 October 1998) .
          Ob s e r vat i on s
          187. The Special Rapporteur thanks the Panamanian Government for its prompt
          and detailed replies to her inquiries and looks forward to further details at
          the conclusion of the investigations.
          P a r a u a V
          Communications received from the Government
          188. Regarding the allegation submitted concerning the death of Felipe Pablo
          Benitez, the Government responded that no official was in any way involved in
          his death, which resulted instead from an attempted robbery of a neighbour.
          The Government explained that the neighbour allegedly heard suspicious sounds
          at the edge of his property and shot into the night, reportedly killing
        
          
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          Felipe Pablo Benitez. The neighbour then fled and was later captured by the
          police. His trial is still in progress, and no compensation has therefore
          been granted to the family of Felipe Pablo Benitez (11 June 1998) .
          189. The Special Rapporteur also received a note from Dr. Ramona J.
          Bertoni Fen ndez upon her becoming Director General of Human Rights of the
          Ministry of Justice and Labour, assuring the Special Rapporteur of the
          high priority which the Government of Paraguay places on human rights
          (15 October 1998) .
          Peru
          Communications sent
          190. The Special Rapporteur transmitted three urgent appeals to the
          Government of Peru on behalf of the following individuals:
          (a) Concerning the case of Delia Revorado, the Special Rapporteur,
          jointly with the Special Rapporteur on the independence of judges and
          lawyers, transmitted an urgent appeal concerning the death threats that
          Judge Delia Revorado reportedly received after her public announcement that
          she was opposed to President Fujimori seeking a third term. Because of this
          statement she was removed from the Constitutional Court, where she had
          previously ruled that a third term would be unconstitutional. According to
          sources, Delia Revoredo and her husband Jaime Mur fled the country, while her
          three children remained in Peru, where they continued to receive death threats
          (1 May 1998);
          (b) Regarding the case of Heriberto Benitez Rivas, the Special
          Rapporteur, jointly with the Special Rapporteur on the independence of judges
          and lawyers, transmitted an urgent appeal owing to the reported death threats
          directed at Mr. Benitez in connection with his work as a human rights lawyer.
          His life and physical integrity, as well as that of his family, was feared for
          (13 May 1998);
          (c) Sofia Macher, Executive Secretary of the National Coordination of
          Human Rights in Peru, who had allegedly received death threats after the
          organization issued a press statement supporting the call for a referendum on
          the issue of whether President Fujimori should be allowed to serve a third
          term. Supposedly, these threats came from individuals employed by the
          Intelligence Service (22 Septer er 1998) .
          191. The Special Rapporteur also transmitted the following allegations of the
          violation of the right to life to the Peruvian Government:
          (a) Regarding allegations of killings corcoeitted by military personnel:
          Fortunato Chipana Ccahuana, reportedly shot dead at his home during the early
          morning hours of 24 February 1997 in the area of Villa Rica, Oxampampa, Pasco,
          by military personnel reportedly carrying out an anti—Tupac Aoearu mission;
          Takahiro Miyashita and Chiaki Ito, two Japanese students allegedly killed
          17 October 1997 near Rio Amazonas by mer ers of the army stationed at
          El Pijuayal who allegedly wanted to rob them;
        
          
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          (b) In connection with allegations of deaths in custody:
          Ricardo Solano Asto, reportedly detained on 27 Decer er 1997 and ill—treated
          by police officers of Chaupimarca, Cerro de Pasco, Pasco, and accused of rape.
          Sources stated that his body was eventually taken to hospital.
          Communications received from the Government
          192. The Government provided information to the Special Rapporteur on the
          following situations:
          (a) The following persons received corcoeutations of their death
          sentences on 24 December 1997: Dennis David D vila Picon, Victor Quispe
          Manuico, Maria Isabel Linares Farro, Jorge Canari Vasguey, Braulia Jesusa
          Contreras Trujillo, Mois s Leguia Damiano, Johomen Aristides Rios Contreras,
          Luis Alberto Bacalla Sopla, Gerardo Barrientos Prieto, Melit6n Lipa Fern ndez,
          Bernardo Tineo Huallama, C sar Ernesto Armas Chafo, Liborio Magdaleno
          Cerna Flores, Secundino Cruz Cumbay, Marcelo Demetrio de la Cruz Sandoval,
          Walter Luis Falla Rivera, Martin Flores Marcatoma, Segundo Todoro
          Guevara Quispe, Eutimio Mauro Guti rrez Reyes, Miguel Alejandro
          Guti rrez Ventocilla, Felipe Joaguin Aguirre, Adri n Julca Crisanto,
          Elias Julca Huaman, Avelino Apaza Machaca, Carlos Alberto Masias Chirogue,
          Javier Orlando Matta Alvarado, Gabriel Mondalgo Machaca, Jos Eduardo
          Montoya Rodriguez, Teodora Moreno Loloy, Lorenzo Marcial Navarro Fern ndez,
          Marina Paico Porras, Primitivo Polo Vera, Feliciano Oscar Quispe Najarro,
          Jos Alfredo Ramirez Nole, Presentaci6n Rodriguez Garcia, Sonia Elizabeth
          Rojas Prieto, Gerardo Dionicio Rosa Guti rrez, Victor Hugo S ez Mayorga,
          Joaguin Silupu Palacios, Mirtha Baguelita Sobrado Correa, Jaime Rodrigo
          Solis Macedo, Lilia Esther Solis Villapuma, Maria Luisa Soriano Soriano, and
          David M ximo Sulca P rez. The following persons received pardons of the death
          penalty on 24 Decer er 1997: Dante Alberto Huaman Palomino, F lix Ernesto
          Agustin Cruz, Elber Felipe Aoees Cueva, C sar Alejandro Cashpa Vargas,
          JesCis Norberto Chacaltana Huarcaya, Fulberto Marceliano Cuadros S nchez and
          Victor Inocente Chaicha Principe (6 January 1998);
          (b) A 60—day state of emergency was declared on 22 May 1998 in several
          areas of the country, during which a certain number of constitutional rights
          guaranteed in the Peruvian Constitution were suspended (29 May 1998) ;
          (c) Regarding the case of Delia Revoredo, the Government confirms
          that she and her husband left the country for Costa Rica as tourists on
          13 April 1998 and that both can enter and leave Peru as they desire.
          Jaime Mur had been investigated by customs officials for possession of
          contraband, but he was never detained. It was for that reason that he was
          originally denied asylum in Costa Rica, although he was later permitted to go
          with his wife. The Government furthermore states that no formal complaints
          have been registered with the Government regarding the threats against
          Delia Revoredo and her family and that they are not the targets of political
          persecution and shall receive the full protection of the Peruvian State
          (31 July 1998) ;
          (d) Concerning the case of Heriberto Benitez Rivas, the Government
          denies ever receiving a formal complaint concerning death threats against him.
          Furthermore, a government investigation into the alleged threats found them to
        
          
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          be baseless. The Peruvian National Police has nevertheless taken action to
          ensure the safety and physical integrity of Heriberto Benitez Rivas
          (31 July 1998) ;
          (e) In reference to the allegations concerning Fortunato Chipana
          Ccahuana, Takahira Miyahita, Chiaki Ito and Ricardo Solano Asto, the
          Government attests that these cases have been assigned to the appropriate
          officials and that investigations are under way to apprehend the perpetrators,
          who will be given appropriate punishment regardless of their rank or position
          (16 Septer er 1998);
          (f) Regarding the allegations sent concerning Mariela Lucy
          Barreto Riofano, Nicolas Carri6n Escobedo and Jorge Ch vez Espinoza, the
          Government has provided information indicating that investigations are under
          way in each case. The Government promises to inform the Special Rapporteur on
          the outcome of all of the proceedings (17 November 1997) ;
          (g) In response to the Special Rapporteur's inquiries regarding
          the 14 individuals and 2 army personnel killed on 22 April 1997 at the
          residence of the Japanese Ar assador, the Peruvian Government stated that the
          deaths resulted from the action taken by the Peruvian Government to put an end
          to an internationally condemned 172—day hostage situation. The action was
          taken in accordance with Peru's State sovereignty and resulted in the freeing
          of the hostages (17 Nover er 1998) .
          Ob s e r vat i on s
          193. The Special Rapporteur congratulates the Peruvian Government on ending
          its system of wfaceless judges last October; however, she remains concerned
          about the reports which she continues to receive regarding the widespread use
          of torture in prisons, which often leads to extrajudicial, summary, or
          arbitrary execution. She urges the Government to strengthen the legal
          mechanisms for prosecuting the perpetrators of torture, which is now only
          tried as the minor offence of wbattery in Peru. Furthermore, ensuring the
          independence of the judiciary and greater freedom of the press in Peru would
          provide additional safeguards against impunity. Finally, the Special
          Rapporteur thanks the Government of Peru for its detailed and timely responses
          to her corcoeunications.
          Phili ines
          194. It was brought to the attention of the Special Rapporteur that since the
          reintroduction of the death penalty in late 1993, over 820 individuals have
          been sentenced to death. Many of these persons were reportedly tortured
          during their interrogation and several claims of unfair trials were alleged.
          Communications sent
          195. The Special Rapporteur sent two urgent appeals to the Government of the
          Philippines. One concerned the case of Leo Echegaray, a man sentenced to
          death in 1994 for raping his step—daughter. If his sentence is carried out,
          Mr. Echegaray would be the first person executed since 1976 (2 March 1998) .
        
          
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          196. The second urgent appeal was on behalf of J 05 Manuel Diokno, Vice—Chair
          of the Free Legal Assistance Group, who was still receiving death threats in
          connection with his representation of State witnesses in the murder case
          against members of the Philippine National Police. This followed a previous
          urgent appeal sent on his behalf on 7 February 1997 (12 May 1998) .
          197. The Special Rapporteur transmitted allegations regarding violations to
          the right to life on behalf of the following persons:
          (a) Cherry Fe Bustamante, an 8—year—old girl, who was reportedly
          killed on 26 April 1998 when soldiers opened fire on her house on the
          suspicion that members of an armed dissident group were there. Accusations
          that the commanding officer attempted to bribe the family of the victim were
          also included in the report;
          (b) Marlon Fernandez, said to have been arrested, tortured and killed
          by members of the national police on 4 September 1998. An investigation by
          the Corcoeission on Human Rights contradicted official reports that claimed he
          had died during an armed encounter;
          (c) Lito Aslag, Rey Loreno (16) and Roy Loreno (16) all allegedly
          killed on 19 August 1997 by soldiers while game hunting in the woods. Reports
          claim that the soldiers then took the bodies to a funeral home;
          (d) Dario Mahomot, Roger Baihtu, Amer Darino, Aladin Oblido,
          Rogelio Gormez, Joel Mabiscay, Muddi Abdul Almad and Medardo Basingan,
          eight prisoners who died on 8 March 1998 during a hostage crisis in prison.
          Soldiers attempting to free the hostages reportedly used excessive force,
          resulting in the deaths of the aforementioned individuals.
          Communications received from Government
          198. The Government of the Philippines sent replies to three allegations sent
          by the Special Rapporteur during 1997. The first reply concerned the case of
          the Suminao Clan in Kalagumayan, and specifically Benjie Abao, Undo Gulmba and
          Juvy Mepana, three men who allegedly died during the demolition of their
          settlements by the wblue guards” of the Baula family. The Government refuted
          allegations that the disputed land was the group's sole means of subsistence
          and claimed that the three men were involved in an attack against the police
          who were supervising demolition of the houses on the contested property. The
          Government further asserted that the police officers who committed the
          killings were wounded in the back and legs. It also informed the
          Special Rapporteur that despite the group's defiance of court orders, the
          Government continues to attend to their claim within all legal parameters
          (4 February 1998) .
          199. The Government replied to the follow up letter sent by the Special
          Rapporteur concerning the case of Gary Dalayhon, a 16—year—old who was
          allegedly killed by three members of the police. An investigation into the
          matter led to the arrest of three police officers who have now been charged
          with the murder. The trial was proceeding as at the date of correspondence
          (6 February 1998) .
        
          
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          200. The third reply was in response to the Special Rapporteur's request to
          be informed of the developments in the Kuratong Baleleng case. The
          communication detailed the procedural developments as well as the legal
          arguments and strategies that are developing. The Government also affirmed
          its guarantees of both the rights of the accusers and the accused, and pointed
          to the right to exhaust all legal remedies as the reason for delays in the
          trial (3 March 1998) .
          Ob s e r vat i on s
          201. The Special Rapporteur commends the Government for fully cooperating
          with and replying to the corcoeunications sent. She remains disturbed, however,
          with the possible resurgence of executions in the country and views this
          regressive trend with concern.
          Republic of Korea
          Communications sent
          202. The Special Rapporteur sent allegations regarding the violation of the
          right to life of Bong—Hae Yi, who reportedly died on 9 December 1997 as a
          result of torture after having been arrested by police eight days earlier.
          Bong—Hae Yi was pronounced dead upon arrival at the Dealim Saint Mary's
          hospital after being transferred there from Seoul Youngdeungpo detention
          centre. Sources stated that the autopsy report confirmed the cause of death
          as cardiac arrest and found 16 areas of internal bleeding, bruises and scars
          on various areas of his body. Moreover, it was claimed that the examining
          doctor concluded that the bruises and internal bleeding had been inflicted a
          few days earlier.
          Russian Federation
          203. The Special Rapporteur was informed that since becoming a mer er of the
          Council of Europe on 28 February 1996, many people have been sentenced to
          death and an unknown number of people have been executed. Furthermore,
          judicial errors were said to have been made in a large percentage of the death
          penalty cases. Allegations were also received concerning deaths of Russian
          military personnel who were subjected to torture and other forms of
          ill—treatment.
          Ob s e r vat i on s
          204. The Special Rapporteur was very pleased to be informed that the death
          penalty would be abolished by April 1999 in accordance with the country's
          obligations under the Council of Europe. In this spirit, she calls on the
          Government to implement a de facto moratorium on the application and
          implementation of the death penalty as well as the carrying out of executions.
          Rw and a
          205. The sheer quantity of allegations and individuals on whose behalf they
          are sent continues to be of great concern to the Special Rapporteur. During
          the period under review, massacres of refugees and civilians have accounted
        
          
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          for thousands of reported deaths. Most corcoeunications identified the Rwandese
          Patriotic Army as the perpetrators; however, armed militia groups, the
          Interahamwe militia and former Hutu army soldiers have also been blamed.
          Furthermore, it has been alleged that trials being conducted for genocidal
          crimes in which the death penalty is the primary punishment continue to deny
          the accused rights ensured and protected by international law. This includes,
          but is not limited to, the right to legal representation, the right to appeal,
          and other safeguards such as the presumption of innocence and an independent
          judicial tribunal.
          206. For an in-depth analysis of the human rights situation in the country,
          the Special Rapporteur refers to the most recent report submitted by the
          Special Rapporteur on the situation of human rights in Rwanda to the
          Commission on Human Rights (E/CN.4/1999/33)
          Communications sent
          207. The Special Rapporteur sent three urgent appeals to the Government of
          Rwanda. The first was sent on behalf of Mfizi Muhirwa, Isidore Bishogo,
          Ernest Gakire and Kami Mutangana, four soldiers in the Rwandese Patriotic
          Army (RPA) who were said to be in imminent threat of extrajudicial execution.
          This urgent appeal followed the reported execution of Emmanuel Rutayisire,
          another RPA soldier ordered to be put to death by local military authorities
          (13 February 1998) .
          208. The next urgent appeal was sent following two occurrences: the remarks
          by the Vice-President of Rwanda advocating the execution of those involved in
          genocide and reports claiming that of the 325 genocide trails held after
          December 1996, 112 had resulted in the death penalty, of which 13 were
          confirmed by the Court of Appeals. These trials allegedly failed to meet
          international standards such as the right to legal counsel, the presumption of
          innocence and the right to appeal. The appeal was sent jointly with the
          Special Rapporteur on the independence of judges and lawyers
          (23 February 1998) .
          209. The final urgent action was sent on behalf of 33 people who were
          convicted of participating in the genocide of 1994. Reports indicated that
          they were sentenced to death after unfair trials in which there was
          witness—tampering, intimidation, and the denial of legal representation.
          According to sources, this group included Silas Munyagishali and
          Froduald Karamira. They were reportedly scheduled to be executed
          on 24 April 1998 (23 April 1998) .
          210. Concerning violations to the right to life reportedly carried out by
          members of the Rwandese Patriotic Army, the Special Rapporteur transmitted
          allegations regarding violations on behalf of the following persons:
          (a) Bagabo and Kaje, who were among 156 people allegedly killed
          on 8 June 1997; seven unidentified family members of Pierre Rwanzegushira
          and five children of Martin Semanganya on 3 October 1997; Glyceria,
          Euphrasie (17) , Musabyimana and her unborn child, Straton (10) , Nkiriyehe (12)
          and Gaspard on 30 October 1997; Claudine, Nyirahabineza, Mukamana, Fortun e,
          Drocella, Nyiramanzi, Mukarusagara, Franqoise, Vestine, Mukamuhire, St phanie,
        
          
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          Liberata, Mukabalinda and 137 other unidentified individuals on
          9 Nover er 1997; Anastasie Nyiramajyambere, Nyirandayisaba,
          Gilbert Nkurunziza, Nkubito, Nyiranzage, Mwiseneza, Kantukimana and three
          other unidentified persons on 11 and 12 November 1997; Twizerimana,
          Ndegeyingoma, Helene (3) , Agnes Nyirasafari, Epaphrodite Munyentwali,
          Jeanne Mujawamariya, Gratia Uwamahoro, Alfred Dukundane, Ephrem Karasira,
          Rukeribuga, Thad e Munyentwali and 288 other individuals on 16 November 1997;
          Bendantunguka, Bahizi, Sembagare and Kimonyo on 6 January 1998;
          Jaffet Kanyarwunga, Sifora, Marthe, Kayihura, Ndahayo (14), Justine Mukabarera
          and 54 other unidentified persons on 13 January 1998; Gasyomvonoage (15) ,
          Ringira (13), Birategetse, Anastasie and Jules (17) in April 1998;
          Rubyeyi, Bayazana Tamari, Bagirurwimo, Uwamahoro (9) and 146 other
          unidentified individuals on 12 May 1998; Sebazungu and 29 others on
          5 January 1998; Wenceslas, Joseph Twagiramungu, Emmanuel Rutikanda,
          Th r se Mujawayezu, Frida Mukamwezi, Angeline Ndavakure, Alphonse Mihigo,
          Philom ne Murekatete, Dismas Sinumyavo, C cile, Vincent, Vianney, Florida,
          Dative Uwimana, P lagie Uwamahoro, Consol e Mukamuhire, Illuminata, B ata,
          Speiedion Ndimubanzi, Jean, Margarita, Ignace, Th r se, Janvier,
          Jean—Damasc ne, Th og ne, Kigingi, Pierre, Edouard, Nyiramuha, Innocentia,
          Maria, Magdalene Nyirangaruye, Midari, Mushamburere, Regina, Godefroid,
          Ast rie, and 200 other unidentifed persons on 11 January 1998.
          Ob s e r vat i on s
          211. The Special Rapporteur regrets that she has received no communications
          from the Government of Rwanda in the past two years.
          Saudi Arabia
          212. The Special Rapporteur was informed that over 120 people, including more
          than 60 foreign nationals, were executed in 1997. Further allegations were
          received claiming secret trials resulting in the death penalty that failed to
          meet international standards. It was brought to the attention of the Special
          Rapporteur that defendants are still being denied legal representation,
          adequate appeals processes, and information related to their rights under
          international law.
          Ob s e r vat i on s
          213. The Special Rapporteur remains very concerned about the allegations of
          trials resulting in the death penalty that do not meet international
          standards. Reported executions continue to be received involving foreign
          nationals whose families or embassies knew nothing of the convictions and
          which are in complete defiance of international law. The Special Rapporteur
          calls on the Government to ensure that defendants in every capital case are
          entitled to all safeguards established by law. Additionally, the restrictions
          currently placed on civil society create an environment in which information
          is difficult to obtain and impunity is more easily perpetrated. The
          Special Rapporteur urges the Government to rectify this situation.
        
          
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          Sene Qal
          214. The human rights situation in the Casamance region of Senegal continues
          to be a cause of concern, especially in the context of the violations of the
          right to life that take place owing to the conflict between Senegalese
          security forces and the armed independence group known as the MFDC (Mouvement
          des forces d mocratiques de Casamance) . According to sources, incidents occur
          on both sides of this conflict where civilians are killed extrajudicially.
          Allegedly, civilians have been arrested by the Senegalese army and police
          forces, have disappeared, and are later discovered to have died. The
          Government has reportedly yet to carry out thorough investigations into these
          incidents.
          Information and corcoeunications sent to the Government
          215. The Special Rapporteur drew the attention of the Senegalese Government
          to the allegations she had received concerning the extrajudicial, summary or
          arbitrary execution of the following two people: Alphonse Diatta, also known
          as Reagan, allegedly killed on 12 July 1997 at a roadblock outside the city of
          Ziguinchor by members of the Senegalese military when he failed to stop at the
          checkpoint; and Sarani Manga Badian, leader of the MFDC, who reportedly died
          while in custody of Senegalese soldiers after being arrested and tortured
          between 24 and 28 August 1997.
          Sierra Leone
          216. Numerous allegations were received by the Special Rapporteur concerning
          extrajudicial, summary or arbitrary executions committed by armed insurgent
          groups within the country. Several thousand people have reportedly been
          killed including innocent women and children. The Special Rapporteur was also
          informed of death sentences issued by military courts that fail to offer
          defendants the right to appeal. Many of these cases reportedly involved
          soldiers accused of participating in the former military regime and convicted
          of treason. Dozens of executions of political opponents were also reported
          during the period under review.
          Communications sent
          217. The Special Rapporteur transmitted two urgent appeals together with the
          Special Rapporteur on the independence of judges and lawyers on behalf
          of 34 individuals reportedly sentenced to death by a court—martial acting
          since 23 July 1997. All were said to be convicted of capital offences related
          to treason and the atrocities committed by the military junta that was in
          power from May 1997 to March 1998. The Special Rapporteur was informed that
          the court-martial violates international human rights law by not providing any
          right to appeal (15 October 1998, 9 October 1998) .
          Requested visit
          218. The Special Rapporteur requested an invitation to visit Sierra Leone in
          order to better assess the human rights situation of the country regarding her
        
          
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          mandate. Continued reports of extrajudicial, summary or arbitrary executions
          have been received as well as allegations that the death penalty is being
          applied in a manner inconsistent with international law. An in situ visit
          would enable the Special Rapporteur to better evaluate the situation and reach
          an independent assessment of the reports and allegations (29 Septer er 1998) .
          Ob s e r vat i on s
          219. The Special Rapporteur is sensitive to the needs of the Government to
          bring those individuals responsible for the atrocities committed during the
          military junta to justice but calls on the authorities to do so in a manner
          consistent with international law. The Special Rapporteur is dismayed to note
          that the human rights situation in Sierra Leone appears to be deteriorating
          again after a brief period of improvement. She is, however, pleased that
          Sierra Leone is a signatory to the International Covenant on Civil and
          Political Rights and the Optional Protocol thereto and reminds the Government
          that with this comes the responsibility to ensure all the rights protected
          therein. One of these rights is the right to appeal a capital sentence
          imposed by any tribunals.
          Sin Qa ore
          Communications sent
          220. The Special Rapporteur sent one urgent appeal to the Government on
          behalf of Asogan Ramest and Selvar Kumar. These two individuals were
          sentenced to death for murder along with a third person who was granted
          clemency by the President of Singapore. The Special Rapporteur requested that
          the Government refrain from carrying out their executions and consider
          granting them clemency as well (27 May 1998) .
          Communications received from Government
          221. The Government responded to the Special Rapporteur's urgent appeal sent
          on 27 May 1998. The Government maintained that both Asogan Ramesh and
          Selvar Kumar were given full recourse to all legal processes and protection
          under Singapore law. Contained in this communication was a detailed account
          of their case as well as the decisions and findings of the trial court and
          Court of Appeals. It was asserted that both defendants were accorded legal
          assistance at all stages, a fair and open trial, the right to appeal, and the
          right to seek clemency (11 June 1998) .
          Spain
          Communications received from Government
          222. The Government of Spain provided the Special Rapporteur with very
          lengthy reports detailing the investigation into the deaths of
          Salvador Gaztelumendi Gil and Jos Miguel Bustinza Yurrebaso (no date) .
        
          
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          Sri Lanka
          223. The Special Rapporteur was informed of the continuing conflict between
          governmental forces and members of armed insurgent groups such as the
          Liberation Tigers of Tamil Eelam and the consequent violations of the right to
          life. Reports continued to be received alleging indiscriminate killings of
          innocent civilians and non—combatants by both the Government and opposition
          groups. Army personnel and other mer ers of the Sri Lankan military are
          constantly being blamed for the massacre of hundreds of Tamil civilians.
          These reported deaths are said to result from governmental air strikes on
          civilian targets as well as deliberate killings by military and police
          personnel. It was further asserted that police and military personnel have
          killed large nur ers of innocent civilians in retaliation for acts committed
          by isolated armed groups.
          224. Information regarding the application and use of the death penalty was
          also received during the period under review. Sources claimed that under
          current Sri Lankan legislation, crimes which are not considered most serious,
          such as drug—related offences and property crimes, are still punishable by
          death.
          Communications sent
          225. The Special Rapporteur sent one urgent appeal to the Government of
          Sri Lanka, on behalf of Iqbal Athas, a journalist for the Colombo Times who
          was reporting on corruption in the security forces. He had apparently
          received death threats from five gunmen suspected to be connected with the
          security forces (20 February 1998) .
          226. The Special Rapporteur transmitted allegations regarding violations to
          the right to life on behalf of the following persons:
          (a) Koneswary Murugesupillai, a 35—year—old woman who was reportedly
          raped and then killed in front of her son on 17 May 1997 by members of the
          Sri Lankan police force in Batticaloa;
          (b) Thankanayaki, a 49—year—old woman, was also said to have been
          raped and killed by a group of Sri Lankan police in Amparai
          on 15 October 1997;
          (c) Maruthalingam Tharmalingam, Shanmugarajah Sivanesan and
          Sharip Jehan, three prisoners who apparently died on 12 Decer er 1997 after
          being attacked in Katutara prison by other prisoners. Prison officials and
          prison guards were accused of acquiescing to and assisting in the attack;
          (d) Seevaratnam Sivarasa, said to have died on 31 October 1997 after
          being detained and tortured in the Mount Lacinia police station. He was
          apparently taken to hospital by the police on 30 October;
          (e) Reverend Arulpalan, Francis Miranda Joseph and his 17—year—old son
          Joseph Surendiran all reportedly died on 25 August 1997 after being arrested
        
          
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          by Sri Lankan armed forces. A complaint was reportedly filed and the
          Sri Lankan authorities failed to respond. The bodies were found with gunshot
          and stab wounds on 9 September 1997;
          (f) Aoeirthalingam Surenthran (13), Amirthalingam Jagendram (17), and
          six other unidentified persons who were reportedly arrested by police
          officers, taken to the police post and killed on 1 February 1998. Sources
          also claimed that the police officers appeared to be drunk at the time;
          (g) Thesingarasa Thangamani, Thesingarasa Vasanthakumari (17) ,
          Nadarajah Pushpamalar, Nadarajah Gajan (4) , Ponnuthurai Annamalar,
          Thurairatnam Parameswary and three other unidentified persons who were
          apparently killed on 15 August 1997 when two Sri Lankan air force planes
          bombed a Catholic church in Vavunikulam. In a similar incident
          on 20 November 1997, Pararajasingam Karunamoorthy, Selvarasa and Jeyarooban
          died in the area of Poonakary;
          (h) Chandrawathy, Appukuddy Balachandran and Kandasamy, who all
          reportedly died from indiscriminate firing by Sri Lankan security forces in
          the Mankulam area on 8 July 1997;
          (i) Antony Kanapathy, Raman, Ketharani and Umashankar (14) , who all
          reportedly died on 17 July 1997 during an army raid on the hospital at
          Akkarayan.
          Ob s e r vat i on s
          227. The reports by the Truth Corcoeissions published earlier this year were
          looked upon highly by the Special Rapporteur. This was viewed as a
          significant step for the country in improving its human rights status,
          especially dealing with extrajudicial, summary, and arbitrary executions. The
          Special Rapporteur calls on the Government to follow up on the recommendations
          of the Corcoeissions without undue delay. This includes ensuring that forensic
          experts are given adequate access and security in investigations into the
          alleged mass graves in Chemmani. The Special Rapporteur believes it is
          essential for the Human Rights Corcoeission to be strengthened and fully
          supported by the Government in order to effectively remedy the current human
          rights situation.
          228. The Special Rapporteur compliments the Government of Sri Lanka for
          containing the regional violence within the country. However, she calls upon
          the civil and military authorities to continue the quelling of armed conflict
          in strict adherence to international law. With respect to allegations that
          unofficial armed groups within the country are being supported by the
          Government, the Special Rapporteur encourages the Government to re—establish
          State authority over such groups in order to protect against continued
          extrajudicial, summary and arbitrary executions.
          Sudan
          229. The Special Rapporteur continued to receive reports of extrajudicial,
          summary or arbitrary executions resulting from armed conflicts between mer ers
          of the armed forces and armed insurgent groups within the country. She was
        
          
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          also informed that Sudanese authorities supported armed opposition groups in
          other countries that are allegedly responsible for gross human rights abuses
          including summary executions.
          Communications sent
          230. The Special Rapporteur transmitted one urgent appeal together with the
          Special Rapporteur on the situation of human rights in the Sudan and the
          Special Rapporteur on violence against women to the Government on behalf of
          four women reportedly sentenced to death for prostitution. They were
          allegedly convicted and given the death penalty in accordance with
          the 1983 Criminal Act which provides for the death penalty in cases of
          third-time offenders (8 December 1997) .
          231. The Special Rapporteur also sent an allegation to the Government on
          behalf of 129 unidentified individuals allegedly forcibly recruited to undergo
          military training. They were reportedly shot at after requesting leave in
          order to celebrate the holidays of Kurban Byrum with their families and 74 of
          these young persons were said to have been killed. Fifty—five other
          individuals who attempted to flee by boat reportedly drowned after the boat
          was sunk by officers. Twelve bodies were apparently turned over to the
          families of the victims and the other bodies were said to have been buried in
          secret mass graves in Khartoum, while 117 persons had allegedly not been
          accounted for.
          Tajikistan
          Communications sent
          232. The Special Rapporteur transmitted one urgent appeal to the Government
          on behalf of Abdulkhafiz Abdullayev and five other men who were reportedly
          sentenced to death for treason, banditry and terrorism. Sources claimed that
          the men were denied the right to appeal and that Abdulkhafiz Abdullayev was
          being denied adequate medical attention while being detained (21 April 1998) .
          Thailand
          233. During the period under review, the Special Rapporteur received
          information concerning the high rate of violations of the right to life in the
          border areas of Thailand. According to sources, the persons killed in these
          areas were often refugees, including women and children.
          Communications sent
          234. The Special Rapporteur transmitted allegations of the violation of the
          right to life to the Government of Thailand on behalf of Sarain (13) , Kmao (a
          minor) and Rith (12) . All three were allegedly shot near the
          Thailand-Cambodian border in the Aranyaprathet district by members of Thai
          security forces. They were reportedly trying to cross the border with
          four adults and one other minor.
        
          
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          Communications received from the Government
          235. The Government of Thailand informed the Special Rapporteur that it had
          carried out an investigation into the case of the deaths of the three minors
          Sarain, Kmao and Rith, shot near the CarcJiodian border, and had already
          transmitted the results of the inquiry to the Representative of the
          Secretary—General on the situation of human rights in Cambodia. The
          Government stated that the three youths were persuaded by CarcJDodian bandits to
          help them in a robbery. During the escape, this group was discovered by a
          patrol from Thailand and they opened fire on the patrol, which returned the
          fire. As the incident took place at night, it was impossible to determine the
          age of the people involved (2 November 1998) .
          Ob s e r vat i on s
          236. The Special Rapporteur thanks the Government of Thailand for its prompt
          reply to her corcoeunication. She is dismayed, however, at the information she
          has received which indicates that the death penalty remains legal in Thailand
          for drug trafficking, which by international standards is not considered to be
          a wmost serious offence”.
          Trinidad and TobaQo
          Communications sent
          237. The Special Rapporteur sent one urgent appeal to the Government on
          behalf of Indravani Pamela Ramjattan, reportedly sentenced to death in
          May 1995 for killing her husband. According to sources, she suffered from
          extreme violence during her marriage, including repeated beatings and rapes.
          This situation was apparently not brought out by her attorney during her trial
          and consequently was not considered a mitigating circumstance. Furthermore,
          sources also claimed that Ms. Ramjattan was held in prison for a year without
          access to a lawyer and was not allowed to see her children for the first
          seven years of her incarceration (29 Septer er 1998) .
          Ob s e r vat i on s
          238. The Special Rapporteur is very concerned about reports and allegations
          that the Government has begun taking steps to accelerate executions by
          speeding up the domestic legal process in capital cases and by enforcing
          strict time limits on applications for redress under international law. Also
          worrisome are its apparent attempts to remove the jurisdiction of
          international human rights bodies to hear complaints in death penalty cases.
          Tunisia
          Communications received from the Government
          239. The Government informed the Special Rapporteur that Mabrouk Zran, who
          died in custody on 5 May 1997, died of natural causes. In its reply the
          Government asserted that he had suffered from chronic diabetes, cardiac
          problems, high blood pressure and tuberculosis, all of which had a documented
          history of at least 10 years. He was allegedly given special medical
        
          
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          attention in prison because of these conditions, and was transferred to a
          hospital to undergo surgery for gangrene, in which he had his left leg
          amputated below the knee. The Government held that Mabrouk Zran was allowed
          daily visits from his family because of his condition and was finally
          hospitalized again on 30 December 1996, where he remained until his death.
          The tribunal of first instance in Tunis, after investigation into the matter,
          decided that the case could be closed (6 Nover er 1997) .
          Turkey
          Communications sent
          240. The Special Rapporteur sent an urgent appeal on behalf of Akin Birdal,
          President of the Human Rights Association of Turkey, who was reportedly shot
          by persons related to the State security services. The life and physical
          integrity of Mr. Birdal was reportedly being threatened and the Special
          Rapporteur called on the Government to guarantee his safety (15 May 1998) .
          Communications received
          241. The Government continued to send thorough replies to the Special
          Rapporteur concerning the allegations transmitted. In one communication, the
          Government informed the Special Rapporteur of the situation in the country
          relating to terrorist groups such as the PKK. It detailed the aims and
          objectives of the identified terrorist group and attached a news clipping to
          further elucidate its concerns (1 October 1997) .
          242. Concerning the follow—up letter of the Special Rapporteur on behalf of
          Eyup Karabey and Mahir Karabey, the Government explained that an investigation
          into the matter was made and the police found that the two men had been
          abducted and killed. The Government stated that the two men were not taken
          into police custody but rather had fled from the PKK. Concerning the case of
          Eyup Tahir Ozer and Ali Cetinkaya, the Government stated that they had not
          been taken into custody by the Siirt Police Department (13 Nover er 1997) .
          243. The Government provided the Special Rapporteur with a detailed
          description of the circular instructions issued by the Prime Minister's Office
          on wThe Respect for Human Rights and the Prevention of Torture and
          Ill—Treatment”. This circular spelled out the procedural and substantive
          changes that should be implemented by the Turkish authorities during detention
          of suspected criminals. It covered informing the accused of all legal rights
          once in custody; registering the detention, transfer and release of prisoners;
          and the drafting of medical reports for any person kept in police custody
          (19 December 1997) .
          244. The Government provided a further reply to the case of Eyup Karabey and
          Mahir Karabey and explained that the perpetrators had yet to be identified.
          Regarding the case of Hanifi Gurcan, the Government explained that the
          investigation into the case found that no incident leading to his alleged
          murder had been registered. Concerning the case of Eyup Tahir Ozer and
          Ali Cetinkaya, it was asserted that an investigation into their deaths began
          after autopsies concluded they had been shot. The perpetrators had not been
        
          
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          identified to date. In regard to the case of Yavuz Gulden, an investigation
          revealed no incident had taken place to give rise to the allegations
          (16 February 1998) .
          245. The Government sent the Special Rapporteur an unofficial English
          translation of the new wRegulation on Apprehension, Police Custody, and
          Interrogation” which entered into force on 1 October 1998. It spelled out the
          changes and expected improvements to this legislation (21 October 1998) .
          Requested visit
          246. The Special Rapporteur sent a communication to the Government expressing
          her interest in visiting the country. Repeating the request made by her
          predecessor, she reiterated the importance of a visit to the country and
          explained that it would better enable her to assess the incoming reports and
          allegations of violations of the right to life (29 September 1998) .
          247. The Government informed the Special Rapporteur that the authorities had
          accepted her request to visit the country. However, because of the recent
          visits of the Working Group on Enforced or Involuntary Disappearances and the
          Special Rapporteur on the question of torture, it intended to work on her
          request within the next year (20 October 1998) .
          Turkmenistan
          Communications sent
          248. Two urgent appeals were transmitted to the Government of Turkmenistan
          during 1998. The first was a follow-up appeal on behalf of
          Gulgeldy Annaniyazov, who was reportedly imprisoned after an anti—Government
          demonstration on 12 July 1995. The Special Rapporteur sent this appeal after
          being informed that one of Mr. Annaniyazov's co—defendants had died in custody
          after severe beatings. Reports claim that Mr. Annaniyazov remains detained in
          a maximum security prison alongside violent criminals who continue to
          physically assault him. The Special Rapporteur has still not received any
          replies from the Government concerning the urgent appeals sent on behalf of
          this man (15 January 1998) .
          249. The Special Rapporteur sent a second urgent appeal concerning the
          trials and death sentences of Andrey Voronin and Kamal Nepesov. The two were
          allegedly convicted after trials that reportedly failed to meet international
          standards and appeals processes that were perfunctory in their application.
          The two men were reportedly denied access to a lawyer for one month after
          their arrest, during which time they were allegedly forced to sign confessions
          under physical and psychological duress (30 April 1998) .
          United Kinqdom of Great Britain and Northern Ireland
          Communications sent
          250. The Special Rapporteur sent allegations regarding the violation of the
          right to life on behalf of the following individuals:
        
          
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          (a) Robert Hamill, reportedly killed on 27 April 1998 in Portadown,
          Northern Ireland after having been attacked by a group of Loyalists. It has
          been claimed that four officers of the Royal Ulster Constabulary sat nearby
          and made no attempt to assist Mr. Hamill. Furthermore, reports claim that
          none of the police officers were suspended and all charges have been dropped
          against the suspects;
          (b) Ibrahima Sey, a GarcJiian asylum seeker who reportedly died on
          16 March 1996 after having been taken into custody by Forest Gate police
          officers. A police statement claimed that he became ill upon arriving at the
          station and was transferred to a hospital, where he died. Sources claim that
          the CS Incapacitant Spray that was used on Ibrahim Sey might have been the
          cause of death;
          (c) Diarmuid O'Neill, reportedly shot and killed on 23 September 1996
          by British police officers during a raid against the IRk. Police stated that
          he died in a shoot—out; however, sources claim that he was unarmed and no
          weapons were discovered in the house.
          Communications received from the Government
          251. The Government transmitted replies to the inquiries of the Special
          Rapporteur contained in the 15 October 1997 communication. The information
          and the relevant cases included the following:
          (a) Concerning the case of Shiji Lapite, the Government explained that
          the Police Complaints Authority (PCA) decided that no internal charges should
          be brought against any officer following an inquest verdict of unlawful
          killing and the Director of Public Prosecution's (DPP) decision that no
          criminal proceedings should be brought. Both the PCA and the DPP have agreed
          to review their decisions following a judicial review of the matter;
          (b) Relevant to the John O'Reilly case, the Government stated that the
          second inquest, held from 18 February to 3 March 1997, resulted in an open
          verdict being returned by the jury. At the time of receipt, the PCA were
          currently considering whether any disciplinary action should be taken against
          any of the police officers concerned;
          (c) Concerning the case of Dennis Stevens, the Government explained
          that the inquest into his death began on 14 October 1997 and was adjourned on
          14 November in order for counsel of the family to file an application for
          judicial review. On 20 November, a hearing was held and leave was not
          granted. It was made known that the family intends to apply to the Court of
          Appeal and the inquest stands adjourned;
          (d) Regarding the case of Kenneth Severin, the Government stated that
          the inquest into his death resulted in an open verdict by the jury.
          Subsequently, the coroner made a number of recommendations to the Prison
          Service;
          (e) Concerning the case of Alton Manning, the Government explained
          that the inquest into his death was scheduled to commence on 12 January 1998;
        
          
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          (f) Concerning the case of Richard O'Brien, the Government informed
          the Special Rapporteur that DPP decided that there was insufficient evidence
          to bring criminal charges against any of the police officers;
          (g) Concerning the case of Wayne Douglas, the Government explained
          that the inquest resulted in a verdict of accidental death and the coroner
          made recorcoeendations to the police about the effects of restraint. The
          application by the family of Mr. Douglas was heard on 23 July 1997 but was
          unsuccessful;
          (h) Concerning the case of Leon Patterson, the Government explained
          that a new inquest took place from 4 to 25 November 1996 and a verdict of
          misadventure to which neglect contributed was returned. The PCA decided there
          was insufficient evidence to bring any disciplinary charges against any
          officer.
          252. The Government also informed the Special Rapporteur that in light of the
          September 1995 judgement by the European Court of Human Rights on the killings
          of Mairead Farrell, Daniel McCann and Sean Savage, the Government held that no
          action was required beyond the payment of costs. Furthermore, it stated that
          the Court had found no breach of the Convention and the Committee of Ministers
          of the Council of Europe adopted a resolution stating that the United Kingdom
          has implemented the judgement of the Court (12 January 1998) .
          Ob s e r vat i on s
          253. The Special Rapporteur would like to thank the Government for its
          detailed replies to the allegations transmitted. She also welcomes the
          movement by the Government to abolish the death penalty under military law by
          the year 2001. Furthermore, the Special Rapporteur was pleased with the
          revision of the Criminal Justice Bill that effectively removes the crimes of
          treason and piracy from the list of capital crimes. All these efforts are
          seen as a testimony to the Goverment's will to curb human rights violations
          and the Special Rapporteur looks forward to continued cooperation with the
          Government of the United Kingdom.
          United States of America
          254. The Special Rapporteur was informed that executions in the United States
          during 1997 amounted to the highest annual judicial death toll in four
          decades. Sources reported that 74 people were executed in 17 states,
          including mentally—ill or mentally—handicapped persons and foreign nationals
          whose rights to consular assistance had been violated. Allegations were also
          received claiming that many of those on death row were sentenced after trials
          in which they did not receive adequate legal representation.
          Communications sent
          255. Several urgent appeals were transmitted to the Government on behalf of
          persons who were facing execution. The individuals on whose behalf they were
          sent include the following:
        
          
          E/CN.4/1999/39/Add. 1
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          (a) Robert Smith, reportedly scheduled to be executed on 29 January
          1998 and who allegedly failed to appeal his death sentence (15 January 1998) ;
          (b) Karla Fay Tucker, upon whose behalf the Special Rapporteur sent
          three urgent appeals addressed to the Governor of Texas, the Texas Board of
          Pardons and Paroles, and the Secretary of State. Ms. Tucker was scheduled to
          be executed on 3 February 1998 and was the first women in 15 years to be
          executed in the United States (28 January 1998) ;
          (c) Wilfred Berry, reportedly scheduled to be executed on 3 March 1998
          and who apparently requested to be sentenced to death and withdrew his legal
          appeals. Although he was twice diagnosed with schizophrenia, the court found
          Wilfred Berry mentally competent to waive his legal appeals
          (27 February 1998);
          (d) Joseph John Cannon, reportedly scheduled to be executed on
          22 April 1998 for a crime he allegedly committed at the age of 17
          (2 March 1998) ;
          (e) Napoleon Beazley, reportedly sentenced to death for a murder that
          he committed at the age of 17 (28 May 1998);
          (f) Anthony Porter, reportedly scheduled to be executed on
          23 September 1998. He was convicted of murdering two people and, based on
          Intelligence Quotient results, is said to be the most severely mentally
          retarded person executed in the United States since 1977 (21 Septer er 1998) .
          Communications received from the Government
          256. The Government replied to all of the Special Rapporteur's transmissions
          during the period under review. In its replies, the Government detailed the
          legal safeguards ensured to defendants in criminal cases and specifically
          cases in which the death penalty applies. The Government also assured the
          Special Rapporteur that her inquiries would be sent to the appropriate
          authorities of the state concerned. This type of reply was sent in response
          to allegations concerning the following individuals: Robert Smith
          (23 January 1998) , Karla Fay Tucker (6 February 1998) , Napoleon Beazley
          (3 June 1998) and Anthony Porter. Furthermore, in the case of Anthony Porter,
          the Government informed the Special Rapporteur that a mental competency
          hearing would take place before 2 November 1998 (13 October 1998) .
          Ob s e r vat i on s
          257. The Special Rapporteur's concerns as they relate to the United States
          are limited to issues pertaining to the death penalty. The increasing use of
          the death penalty is a matter of serious concern and particularly worrisome
          are the continued executions of mentally—ill and mentally—handicapped persons
          as well as foreigners who were denied their international right to consular
          assistance. The Special Rapporteur views the persistent application of the
          death penalty and subsequent executions of persons who corcoeitted crimes as
          minors as a very serious and disturbing practice that inherently conflicts
          with the prevailing international consensus.
        
          
          E/CN. 4/1999/39/Add.1
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          Venezuela
          258. The Special Rapporteur received several allegations of human rights
          violations in Venezuela for the period under review, including allegations of
          the violation of the right to life. The majority of these violations
          concerned the extrajudicial killings of minors by members of police forces.
          Information was also received by the Special Rapporteur which indicated that
          conditions and practices within Venezuelan prisons often lead to the torture
          or killing of inmates.
          Communications sent
          259. During the period under review the Special Rapporteur transmitted two
          urgent appeals to the Venezuelan Government on behalf of the following
          persons:
          (a) Sisco Torbello Cordero and his wife Zulay Villegas Diaz, allegedly
          threatened with death by mer ers of the Technical Judicial Police in
          Barguisimeto, in the State of Lara. Sisco Torbello Cordero, a member of the
          Cuban Friendship House, was detained on charges of robbery on 20 March 1998
          and held incommunicado until 23 March, when he was allowed to see his wife and
          lawyer. During that time he was reportedly beaten, questioned about his
          political activities and threatened with death. Zulay Villegas Diaz was also
          allegedly threatened with death on 25 March 1998 if she reported her treatment
          to a higher authority. Sisco Torbello Cordero allegedly continued to be held
          by police with no charges brought against him (3 April 1998) ;
          (b) The family of Freddy Diaz (18) , allegedly threatened by mer ers of
          the Sucre municipal police force after the reported shooting death of the
          youth in July 1998 by a member of the force. After the incident, the entire
          family was allegedly detained by police for 24 hours and threatened if they
          reported the shooting. Despite the threats, the mother of Freddy Diaz,
          Yolima Rangel, did file a complaint. Since that time the family, especially
          Yolima Rangel, Ali Eduardo Sojo (14) , Katiuska Sojo and Flor Diaz, has
          reportedly been harassed by police officials, who drive by their home
          constantly. It was also reported that the judicial body charged with the
          investigation of the case has delayed the court proceedings against the
          policeman accused of the shooting (16 October 1998) .
          260. The Special Rapporteur also sent two allegations of violations of the
          right to life to the Government concerning:
          (a) Jonathan Caceres Herrera (13) , reportedly shot dead on 7 May 1996
          in Caracas by a mer er of the city's police force. It is alleged that the
          officer simply shot at the deceased as he was walking with two friends, with
          no prior warning or instigation. It is alleged that the police officer is
          still engaged in active police duty;
          (b) Simon Alvarez (14) , reportedly shot dead on 4 May 1996 in Puerto
          de la Cruz by a mer er of the state police force. Allegedly, Simon Alvarez
          was with some friends when members of the police force approached and asked
          the youths for identification. As the deceased was looking for his
        
          
          E/CN.4/1999/39/Add. 1
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          identification in his pocket, a police officer allegedly aimed for his
          thoracic region and shot, killing him immediately. To date no one has been
          detained for the death of this minor.
          Communications received from the Government
          261. Concerning the case of the alleged death threats against
          Sisco Torbello Cordero and his wife, Zulay Villegas Diaz, transmitted to the
          Venezuelan Government on 4 April 1998, the Government affirmed that
          Sisco Torbello Cordero was indeed detained by police for an alleged robbery.
          However, the Government denies that he was ever mistreated or questioned
          regarding his political activities; on the contrary, the Government contests
          that it was especially conscientious regarding his health. The Government
          also denies all knowledge of death threats made against Zulay Villegas Diaz.
          The Special Rapporteur was informed that the legal proceedings against
          Sisco Torbello Cordero are still progressing and he remains in State custody
          (13 May 1998) .
          262. Regarding the cases of Jonathan Caceres Herrera and Simon Alvarez, the
          Government submitted a communication detailing the legal proceedings currently
          taking place against the accused perpetrators of the killings of the boys. On
          9 February 1998 Eddy VeOEzquez Bravo was detained on charges of intentional
          homicide and inappropriate use of a firearm against Jonathan Caceres Herrera,
          while the investigation against Jairo Elias Rodriguez remains open before the
          Sixth Court of First Instance. Concerning Simon Alvarez's case, the
          Government provided information indicating that JesCis Antonio Cisnero Cordero
          of the Metropolitan Police has been implicated in the killing and was
          convicted of homicide and inappropriate use of a firearm. His case is
          currently in the appeals process.
          Ob s e r vat i on s
          263. The Special Rapporteur would like to extend her appreciation to the
          Government of Venezuela for its cooperation, as demonstrated by its prompt
          replies to her communications. She remains preoccupied, however, by the
          vulnerability of minors in the country. The recent reports she has received
          regarding the harsh conditions in Venezuela's prisons are also a matter of
          concern, as such circumstances often lead to the extrajudicial, summary or
          arbitrary deaths of those in custody.
          YuQoslavia
          Information received and communications sent
          264. One urgent appeal was sent on 6 March 1998 to the Government on behalf
          of 25 ethnic Albanians who were reportedly killed by members of the police.
          This attack was apparently in retaliation for the deaths of two police
          officers by the Kosovo Liberation Army. Reports claim that many of those
          killed were unarmed and did not offer any resistance to the police.
          265. The Special Rapporteur transmitted allegations regarding violations to
          the riqht to life on behalf of the followinq individuals:
        
          
          E/CN. 4/1999/39/Add.1
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          (a) Imer Hamzaj, Ibrahim Hamzaj, Dervish Hamzaj, Bashkim Hamzaj,
          Zege Hamzaj, Gani Hamzaj, Rifat Hamzaj and Haxhi Goga, allegedly killed by
          members of the police force on 25 May 1998. Their deaths reportedly occurred
          after police entered the village of Ljubenic, searched the house and ordered
          the above—mentioned men, along with women and children, out of the house.
          After directing the women and children to flee, the police reportedly ordered
          the men to run away, at which point they shot them;
          (b) Cen Dugolli, said to have been arrested on 21 June 1998 on
          suspicion of terrorism. He reportedly died on 17 August 1998 in a hospital in
          Pristina one day after police authorities transferred him there;
          (c) Rexhep Bislimi, a human rights activist who reportedly died on
          21 July 1998 in a hospital in Pristina. He was said to have been arrested on
          6 July 1998 and transferred two weeks later to the intensive care unit of the
          hospital with broken ribs and severe bruising. He apparently died despite
          surgery on his kidneys;
          (d) Sheh Muhedin Shehu, reportedly killed on 21 July 1998 by Serbian
          police in the Tekke where he lived;
          (e) Besnik Muharrem Restelica, allegedly arrested under the pretext of
          being a member of the Kosovo Liberation Army on 30 January 1997. The police
          claimed he committed suicide; however, photos of the body reportedly indicate
          bruises and other evidence of torture. The death of Besnik Muharren Restelica
          was reported to his father on 22 February 1998;
          (f) Jonus Zeneli, indicted on charges of terrorism on 30 April 1997.
          Shortly before the trial began, he was reportedly transferred to the prison
          hospital on account of kidney pain attributed to torture. A certificate was
          issued by the hospital claiming that his death was due to lung cancer;
          however, pictures reportedly indicate evidence of torture and ill treatment;
          (g) Ahmet Ahmeti, Gani Ahmeti, Eljmi Ahmeti, Driton Ahmeti,
          Naim Ahmeti, Semsi Ahmeti, Lumni Ahmeti, Basri Ahmeti, Eljhami Ahmeti,
          Hamzi Ahmeti and Behram Fazliu, who were all said to be killed on
          28 February 1998 in the village of Likosane. Their deaths reportedly followed
          a Serbian armed operation in the Drenica region of Kosovo in which they
          searched the houses and ordered the occupants to come out and lie on the
          ground. The security forces reportedly beat the men and shot them after
          ordering them to leave;
          (h) Fifty-five unidentified persons who were reportedly killed in a
          police operation in Donji Prekay on 5—6 March 1998. All the bodies were
          apparently buried by the police without identification or autopsies being
          performed;
          (i) Halilj Jasari, Vazim Jasari and Nazmi Jasari, who were all said to
          be killed by mer ers of the police force on 6 March 1998. The group was
          apparently involved in an armed conflict with the police before surrendering
          to them. It was after their surrender that police allegedly shot and killed
          them.
        
          
          E/CN.4/1999/39/Add. 1
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          Communications received
          266. The Government transmitted two corcoeunications to the Special Rapporteur
          during the period under review. The first acknowledged receipt of the Special
          Rapporteur's urgent appeal on behalf of the 25 ethnic Albanians. It ensured
          her that the information requested would be provided as soon as the competent
          Yugoslav authorities were informed. This communication also included detailed
          information regarding the situation in Kosovo and specifically the actions of
          ethnic Albanian terrorists and the subsequent engagement of the security
          forces (9 March 1998) .
          Requested visit
          267. The Special Rapporteur requested an invitation to visit the country in
          order to better evaluate the situation and reach an independent assessment of
          the reports and allegations received. Such a visit would allow the Special
          Rapporteur to formulate pertinent recommendations with the objective of
          strengthening the protection of the right to life if appropriate
          (11 March 1998) .
          268. The Government also provided another reply repeating its commitment to
          providing all information relevant to the inquiries of the Special Rapporteur.
          The Government further stated that there was no objective ground nor any need
          for a visit by the Special Rapporteur because of the request it had already
          extended to the President of the International Committee of the Red Cross for
          the establishment of a fact-finding group of experts (17 March 1998) .
          Ob s e r vat i on s
          269. The Special Rapporteur is deeply concerned about the high nur er of
          civilians, including many women, children and elderly persons, who have lost
          their lives in the conflict in Kosovo over the last year. She has received
          numerous reports indicating that government forces have used indiscriminate
          and disproportionate force in their operations, which has led to significant
          civilian casualties. There are also alarming allegations of possible
          extrajudicial executions carried out in connection with these actions. The
          apparent impunity with which these crimes have been perpetrated adds to the
          urgency of the situation. The Special Rapporteur is also aware of distressing
          reports of killings of civilians carried out by members of the so—called
          Kosovo Liberation Army. She urges both sides to find a peaceful solution to
          the problems in Kosovo, and to bring an end to the suffering and tragedy of
          the people living in the province. She regrets that she has not been able to
          visit the Federal Republic of Yugoslavia to observe the situation and
          investigate allegations in situ .
          II. OTHERS
          Palestinian Authority
          Communications sent
          270. The Special Rapporteur sent an individual allegation regarding the
          violation of the right to life on behalf of Hussein Abed Abu Ghali who was
          reportedly imprisoned and tortured on 6 Septer er 1998 by individuals of the
        
          
          E/CN. 4/1999/39/Add.1
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          Presidential Security Force. The reported attempt to transfer him to the
          hospital for medical attention failed and he was pronounced dead upon arrival.
          An examination of the body supposedly revealed signs of torture and severe
          bleeding.
          Ob s e r vat i on s
          271. The Special Rapporteur learned with regret that the first two executions
          approved by the President were carried out on 30 August 1998. The executions
          took place amid claims that the executed were denied the right to defend
          themselves and the right of legal counsel. Having received only one reply to
          all the allegations sent last year, the Special Rapporteur calls on the
          Palestinian Authority to fully cooperate in investigating and bringing to
          justice perpetrators of violations of the right to life.
        

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