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

          
          UNITED
          NATIONS [
          Economic and Social .
          Distr.
          Council
          GENERAL
          E/CN. 4/1999/3 9
          6 January 1999
          Original: ENGLISH
          COMMISSION ON HUMAN 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
          CONTENTS
          Paragraphs Page
          Introduction
          I. THE MANDATE
          A. Terms of reference
          B. Violations of the right to life upon which
          the Special Rapporteur takes action . . . .
          C. Legal framework and methods of work . . . .
          II. ACTIVITIES
          A. General remarks
          B. Communications
          1-3 4
          4- 7 4
          4-5 4
          6 5
          7 6
          8 - 15 6
          8 - 10 6
          11 - 15 7
          GE.99-10019 (E)
        
          
          E/CN.4/1999/39
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          CONTENTS ( continued )
          OF THE RIGHT TO
          Capital punishment
          Death threats
          Deaths in custody
          Deaths due to excessive use of force by law
          enforcement officials
          E. Deaths due to attacks or killings by security
          forces, paramilitary groups or private forces
          cooperating with or tolerated by the State . .
          F. Violations of the right to life during armed
          conflicts
          G. Expulsion, refoulement or return of persons to
          a country or place where their lives are in
          danger
          Genocide
          Deaths due to acts of omission
          Impunity
          Rights of victims
          SUES REQUIRING THE SPECIAL RAPPORTEIJR'S ATTENTION
          Violations of the right to life of women . . .
          Violations of the right to life of minors . .
          Violations of the right to life concerning
          refugees and internally displaced persons . .
          D. Violations of the right to life of individuals
          carrying out peaceful activities in defence of
          human rights and fundamental freedoms . . . .
          E. Violations of the right to life of persons
          exercising their right to freedom of opinion
          and expression
          III. SITUATIONS INVOLVING VIOLATIONS
          LIFE
          A.
          B.
          C.
          D.
          Paragraphs Page
          16 - 33 8
          16 - 17 8
          18 - 19 9
          20 - 21 10
          22 - 23 10
          24 - 26 11
          27 12
          28 12
          29 - 30 12
          31 13
          32 13
          33 13
          34 - 49 14
          34 - 35 14
          36 - 38 14
          39 15
          40 - 42 15
          H.
          I.
          (3.
          K.
          IV. IS
          A.
          B.
          C.
          43 - 44 16
        
          
          E/CN. 4/1999/39
          page 3
          CONTENTS ( continued)
          Paragraphs Page
          F. The right to life and the administration of
          justice 45 16
          G. Violations of the right to life of persons
          belonging to national, ethnic, religious
          or linguistic minorities 46 16
          H. Violations of the right to life and non-State
          actors 47 - 48 17
          I. Violations of the right to life of individuals
          who have cooperated with representatives of
          United Nations human rights bodies (reprisals) 49 17
          V. ISSUES OF SPECIAL CONCERN TO THE SPECIAL RAPPORTEUR 50 - 77 18
          A. Capital punishment 50 - 64 18
          B. Impunity . . . . . 65 - 70 22
          C. Child soldiers . . 71 - 73 24
          D. Traditional practices and customs affecting
          the right to life 74 - 75 25
          E. The right to life and sexual orientation . . . 76 - 77 26
          VI. CONCLUDING REMARKS AND RECOMMENDATIONS 78 - 97 26
        
          
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          I n t r o du c t ion
          1. This report is submitted pursuant to Commission on Human Rights
          resolution 1998/68 of 21 April 1998 entitled ‘ Extrajudicial, summary or
          arbitrary executions”. It is the first report submitted to the Commission by
          Ms. Asma Jahangir and the sixteenth submitted to the Commission since the
          mandate on ‘ summary and arbitrary executions” was established by Economic and
          Social Council resolution 1982/35 of 7 May 1982. It will be recalled that
          Mr. Bacre Waly Ndiaye resigned from his duties as Special Rapporteur on
          extrajudicial, summary or arbitrary executions on 30 May 1998. By a letter
          of 12 August 1998 the Chairman of the Commission on Human Rights informed
          Ms. Jahangir of his decision to appoint her as Special Rapporteur on
          extrajudicial, summary or arbitrary executions. On 26 August 1998
          Ms. Jahangir formally accepted her appointment by a letter to the Chairman.
          2. For reasons of continuity the present report covers communications sent
          and received by both the previous and present Special Rapporteur in the period
          from 1 November 1997 to 31 October 1998. As a close reading of this document
          will reveal, the number of communications processed in the last year is
          considerably lower than in previous years. This is mainly due to the
          transition of the mandate from one Special Rapporteur to another, and should
          not be taken as an indication of any significant changes as regards the
          occurrence and seriousness of extrajudicial, summary or arbitrary executions.
          In an addendum to the present report, the Special Rapporteur describes
          62 country situations, which include in summary form the information
          transmitted and received by the Special Rapporteur, including communications
          received from Governments, as well as the Special Rapporteur's observations
          where considered appropriate.
          3. The Special Rapporteur wishes to emphasize that the present report is
          only approximately indicative of the occurrence of violations of the right to
          life worldwide. This is mainly due to the fact that the report is exclusively
          based on information brought to the Special Rapporteur's attention. The
          Special Rapporteur wishes to point out that the present report was drafted
          under strict deadlines only two months after her appointment, which has
          limited her opportunity to fully explore the mandate entrusted to her. As
          most of the material and events covered by this report refer to the period
          prior to her appointment, the Special Rapporteur has in the drafting of this
          report chosen to follow the outline and methods developed and applied by her
          predecessor. The Special Rapporteur would further like to take the
          opportunity of her first report to the Commission to discuss ways in which she
          hopes her mandate might be developed and to point to specific issues that she
          intends to focus on in the future, as they may represent emerging trends
          which, unless properly addressed, may become widespread or gain legitimacy
          through continued practice.
          I. THE MANDATE
          A. Terms of reference
          4. In resolution 1998/68, the Commission on Human Rights requested the
          Special Rapporteur to continue to examine situations of extrajudicial, summary
          or arbitrary executions, to respond effectively to information which comes
        
          
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          before her and to enhance further her dialogue with Governments, as well as
          to follow up on recommendations made in reports after visits to particular
          countries. The Commission also requested the Special Rapporteur to continue
          monitoring the implementation of existing international standards on
          safeguards and restrictions relating to the imposition of capital punishment,
          bearing in mind the comments made by the Human Rights Committee in its
          interpretation of article 6 of the International Covenant on Civil and
          Political Rights, as well as the Second Optional Protocol thereto.
          5. In its resolution, the Commission also requested the Special Rapporteur
          to apply a gender perspective in her work and to pay special attention to
          violations of the right to life of children, participants in demonstrations
          or other public manifestations, persons belonging to ethnic minorities, and
          individuals carrying out peaceful activities in defence of human rights and
          fundamental freedoms. The Commission further urged the Special Rapporteur to
          draw the attention of the United Nations High Commissioner for Human Rights to
          such situations of extrajudicial, summary or arbitrary executions that are of
          particularly serious concern to her or where early action might prevent
          further deterioration.
          B. Violations of the right to life upon which the
          Special Rapporteur takes action
          6. During the present reporting period, the Special Rapporteur acted in the
          following situations:
          (a) Violations of the right to life in connection with the death
          penalty. The Special Rapporteur intervenes when capital punishment is imposed
          after an unfair trial or in the case of a breach of the right to appeal, or
          the right to seek pardon, or commutation of the sentence, and in cases where
          mandatory death sentences are imposed. The Special Rapporteur also undertakes
          action when capital punishment is imposed for crimes which cannot be
          considered ‘ most serious crimes” as stipulated in article 6, paragraph 2, of
          the International Covenant on Civil and Political Rights. The Special
          Rapporteur may, moreover, intervene if the convicted person is a minor,
          mentally handicapped or ill, a pregnant woman, or a recent mother;
          (b) Death threats and fear of imminent extrajudicial executions
          by State officials, paramilitary groups, private individuals, or groups
          cooperating with or tolerated by the Government, as well as by unidentified
          persons who may be linked to the categories mentioned above;
          (c) Deaths in custody owing to torture, neglect, or the use of force,
          or life-threatening conditions of detention;
          (d) Deaths due to the use of force by law enforcement officials or
          persons acting in direct or indirect compliance with the State, when the use
          of force is inconsistent with the criteria of absolute necessity and
          proportionality;
          (e) Deaths due to the attacks or killings by security forces of the
          State, or by paramilitary groups, death squads, or other private forces
          cooperating with or tolerated by the State;
        
          
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          (f) Violations of the right to life during armed conflicts, especially
          of the civilian population and other non-combatants, contrary to international
          humanitarian law;
          (g) Expulsion, refoulement, or return of persons to a country or a
          place where their lives are in danger, as well as the prevention of persons
          seeking asylum from leaving a country where their lives are in danger through
          the closure of national borders;
          (h) Genocide;
          (i) Deaths due to acts of omission on the part of the authorities,
          including mob killings. The Special Rapporteur may take action if the State
          fails to take positive measures of a preventive and protective nature
          necessary to ensure the right to life of any person under its jurisdiction;
          (j) Breach of the obligation to investigate alleged violations of the
          right to life and to bring those responsible to justice;
          (k) Breach of the additional obligation to provide adequate
          compensation to victims of violations of the right to life, and failure on
          the part of Governments to recognize compensation as an obligation.
          C. Legal framework and methods of work
          7. For an overview of the international legal standards by which the
          Special Rapporteur is guided in her work, she makes reference to the report of
          her predecessor to the Commission on Human Rights at its forty-ninth session
          (E/CN.4/1993/46, paras. 42-68) . For the purposes of the present report, the
          Special Rapporteur has, as noted above, largely followed the methods of work
          developed and applied by the previous Special Rapporteur, Mr. Bacre Waly
          Ndiaye. These methods of work are described in Mr. Ndiaye's report to the
          Commission on Human Rights at its fiftieth session (E/CN.4/1994/7,
          paras. 13-67) , as well as his subsequent reports to the Commission
          (E/CN.4/1995/61, paras. 9-11 and E/CN.4/1996/4, paras. 11-12) .
          II. ACTIVITIES
          A. General remarks
          8. Since her appointment in August 1998, the Special Rapporteur has held a
          number of consultations with the Office of the High Commissioner for Human
          Rights, both in Geneva and in New York. On these occasions she has had the
          opportunity to meet with staff of the OHCHR, and also to discuss issues of
          mutual interest with other special rapporteurs of the Commission on Human
          Rights. The Special Rapporteur considers cooperation with other
          United Nations human rights mechanisms to be of key importance to the
          implementation of her mandate, and looks forward to continuing the productive
          cooperation that has already been established with other thematic mechanisms
          and country-specific special rapporteurs, particularly with the Special
          Rapporteur on the independence of judges and lawyers, the Special Rapporteur
          on the question of torture, the Special Rapporteur on violence against women
          and the Special Rapporteur on the situation of human rights in Afghanistan.
        
          
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          She also intends to continue to develop her cooperation with the High
          Commissioner for Human Rights. The Special Rapporteur also looks forward to
          working together with United Nations field presences, particularly those set
          up by the Office of the High Commissioner for Human Rights.
          9. The Special Rapporteur attaches great importance to her cooperation
          with non-governmental organizations engaged in human rights protection and
          monitoring, especially as regards issues falling within the scope of her
          mandate. In her new capacity as Special Rapporteur, she has already
          established contacts with a variety of such organizations, and looks forward
          to continuing this cooperation in the future. She will also try to support
          local non-governmental organizations by disseminating information about the
          functioning of United Nation human rights mechanisms. The media have also
          played a key role in keeping the world informed of and engaged in the efforts
          to fight human rights abuses, and the Special Rapporteur hopes for their
          continuing support in carrying out her mandate.
          10. While the Special Rapporteur undertook no official visits in the period
          from the time of her appointment in August until the end of 1998, she has
          written to a number of Governments expressing her interest in visiting their
          countries. The Special Rapporteur believes that visits and field missions are
          indispensable for the implementation of her mandate, as they allow her to
          acquaint herself with specific country situations and to investigate not only
          the allegations brought to her attention, but put her in a better position to
          recommend remedial measures to help Governments in building their capacities
          for better governance. Information gathered on site will also greatly assist
          the Special Rapporteur in preparing accurate and objective reports on the
          situation in the countries concerned. The Special Rapporteur further hopes to
          visit countries where the authorities have managed to find constructive and
          sustainable solutions to problems falling within the scope of her mandate, and
          which in some instances could lend guidance to others still struggling with
          similar problems. She looks forward to continuing her dialogue with
          Governments in this regard.
          B. Communications
          11. The following paragraphs give an overview of communications sent to
          Governments in the course of the last year. The figures shown below represent
          only the tip of the iceberg, and should by no means be considered as
          indicative of the occurrence of extrajudicial, summary or arbitrary
          executions. Nor do these figures reflect the tragedy involved in each and
          every case, behind which there is the suffering and sorrow of family members
          which must eventually touch human society as a whole. The cries of agony,
          which need no language, continue to exist. We must respond to ensure them and
          ourselves that there is such a thing as an international conscience. No
          self-respecting Government can or does have peace itself where such misery and
          insecurity to human life surround its citizens.
          12. During the period under review, the Special Rapporteur
          transmitted 63 urgent appeals to the Governments of the following
          30 countries: Bahamas (2), Brazil (2), Colombia (9), Costa Rica (1),
          Democratic Republic of the Congo (3) , Egypt (1) , Guatemala (2) , Indonesia (1) ,
          Iran (Islamic Republic of) (5), Iraq (2), Jamaica (1), Japan (1),
        
          
          E/CN.4/1999/39
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          Kazakhstan (1), Mexico (1), Nigeria (2), Pakistan (1), Peru (3),
          Philippines (2), Rwanda (3), Sierra Leone (2), Singapore (1), Sri Lanka (1),
          Sudan (1) , Tajikistan (1) , Trinidad and Tobago (1) , Turkey (1) ,
          Turkmenistan (2) , United States of America (7) , Venezuela (2) and
          Yugoslavia (1) . She further sent one urgent appeal to the head of the Taliban
          Council. Among the urgent appeals sent by the Special Rapporteur, 10 were
          transmitted jointly with other experts of the Commission on Human Rights.
          13. The urgent appeals sent concerned 158 individuals and the following
          groups of persons: prisoners in Abu Ghraib and Radwaniyah prisons in Baghdad,
          Iraq; inhabitants of Paratebueno in the municipality of Medina, department of
          Cundinamarca, Colombia; student demonstrators in Jakarta, Indonesia; displaced
          families in Rancho La Miel, department of Tolima, Colombia; civilians mainly
          belonging to the Hazara ethnic and religious minority in Mazar-I-Sharif,
          Afghanistan; inhabitants of Carmen de Atrato, department of Choco, Colombia;
          inhabitants of San Jos& de Apartado, department of Antioquia, Colombia; human
          rights advocates in Colombia; members of La Oficina de Derechos Humanos del
          Arzobispado (the Archbishop's Office of Human Rights), Guatemala; members of
          the Defensoria Maya, Guatemala.
          14. In addition, the Special Rapporteur transmitted allegations regarding
          the violation of the right to life of more than 2,300 individuals to the
          Governments of the following 40 countries: Algeria, Bahrain, Belgium, Bhutan,
          Brazil, Bulgaria, China, Colombia, Democratic Republic of the Congo, Ethiopia,
          France, Guatemala, Guyana, Honduras, India, Indonesia, Iraq, Israel, Japan,
          Liberia, Malaysia, Mexico, Morocco, Myanmar, Nepal, Nigeria, Pakistan, Panama,
          Peru, Philippines, Republic of Korea, Rwanda, Senegal, Spain, Sri Lanka,
          Sudan, Thailand, the United Kingdom of Great Britain and Northern Ireland,
          Venezuela and Yugoslavia. In addition, allegations of violations of the right
          to life were sent to the Palestinian Authority.
          15. During the period under review, from 1 November 1997 to 31 October 1998,
          the Governments of the following countries provided a reply to communications
          addressed to them during 1998 or during previous years: Algeria, Armenia,
          Azerbaijan, Bahamas, Bahrain, Bhutan, Brazil, Bulgaria, China, Colombia,
          Ecuador, Egypt, Ethiopia, Germany, Guatemala, Indonesia, Iran (Islamic
          Republic of) , Iraq, Japan, Mexico, Nepal, Panama, Paraguay, Peru, Philippines,
          Singapore, Spain, Sudan, Thailand, Tunisia, Turkey, United Kingdom of
          Great Britain and Northern Ireland, United States of America, Venezuela and
          Yugoslavia. The Special Rapporteur regrets that the Governments of Cambodia,
          Papua New Guinea and Yemen have not replied to any of the communications
          transmitted by the Special Rapporteur in the past four years, and that the
          Governments of the Democratic Republic of the Congo, Nepal and Pakistan did
          not provide replies to communications sent in the past three years. The
          Governments of Rwanda, Romania and Sri Lanka have not responded to
          communications for the last two years.
          III. SITUATIONS INVOLVING VIOLATIONS OF THE RIGHT TO LIFE
          A. Capital punishment
          16. In its resolution 1998/68, the Commission on Human Rights requested the
          Special Rapporteur to continue monitoring the implementation of existing
        
          
          E/CN. 4/1999/39
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          international standards on safeguards and restrictions relating to the
          imposition of capital punishment, bearing in mind the comments made by the
          Human Rights Committee in its interpretation of article 6 of the International
          Covenant on Civil and Political Rights, as well as the Second Optional
          Protocol thereto.
          17. In this context, the Special Rapporteur transmitted 36 urgent appeals on
          behalf of 84 identified persons as well as on behalf of groups of unidentified
          persons to the Governments of the following countries: Bahamas (2),
          Democratic Republic of the Congo (2) , Egypt (1) , Iran (Islamic
          Republic of) (8), Iraq (2), Japan (1), Nigeria (2), Pakistan (1),
          Philippines (1), Rwanda (3), Sierra Leone (2), Singapore (1), Sudan (1),
          Tajikistan (1), Trinidad and Tobago (1), Turkmenistan (1) and the
          United States (6) . The Special Rapporteur transmitted allegations to the
          Government of Iraq concerning irregularities in the implementation of capital
          punishment concerning 62 identified persons and the execution of hundreds of
          prisoners in connection with a so-called ‘ prison cleansing campaign” in
          November and December 1997. For a more detailed discussion regarding the
          issue of capital punishment, reference is made to chapter V . section A, of
          this report.
          B. Death threats
          18. The Special Rapporteur transmitted 20 urgent appeals aimed at preventing
          loss of life after she received reports on situations where the lives and
          physical integrity of persons were feared to be in danger. In this context
          urgent appeals were sent to the Governments of the following countries:
          Brazil (2) , Colombia (8) , Costa Rica (1) , Guatemala (2) , Peru (3) ,
          Philippines (1) , Sri Lanka (1) , Turkey (1) and Venezuela (1) . These urgent
          appeals concerned 37 identified persons and groups of persons such as
          inhabitants of certain municipalities, witnesses, indigenous groups, persons
          belonging to certain families and members of opposition parties or human
          rights groups.
          19. Persons on whose behalf the Special Rapporteur acted had received,
          directly or indirectly, death threats from State officials, paramilitary
          groups and private individuals cooperating with or tolerated by the State.
          Persons were said to have received death threats from State officials in
          Brazil, Colombia, Peru and Venezuela. Death threats were allegedly received
          from paramilitary groups in Colombia. Lastly, the Special Rapporteur
          addressed urgent appeals to the Governments of Colombia, Costa Rica,
          Guatemala, Peru, the Philippines and Sri Lanka on behalf of persons who had
          allegedly received death threats from private individuals cooperating with or
          tolerated by the authorities. The Special Rapporteur remains particularly
          concerned about the situation in Colombia where death threats against human
          rights activists, community activists and trade union leaders have become
          routine in recent years. The Special Rapporteur also notes with concern that
          she transmitted three urgent appeals to the Government of Peru, including one
          on behalf of a person who had cooperated with United Nations human rights
          bodies.
        
          
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          C. Deaths in custody
          20. The Special Rapporteur transmitted allegations of the death in custody
          of 44 persons, of whom 40 were identified, to the Governments of the
          following countries: Algeria (1), Bahrain (3), Belgium (1), Bhutan (1),
          China (1), France (1), Guyana (1), India (4), Iraq (4), Israel (2), Japan (1),
          Liberia (4), Malaysia (1), Mexico (6), Morocco (1), Myanmar (1), Nigeria (2),
          Peru (1) , Philippines (1) , Republic of Korea (1) , Sri Lanka (1) , the
          United Kingdom of Great Britain and Northern Ireland (1) and Yugoslavia (4) .
          One allegation was also sent to the Palestinian Authority. In addition, the
          Special Rapporteur transmitted two urgent appeals on behalf of detained
          persons whose lives were alleged to be in danger. The Special Rapporteur
          transmitted one urgent appeal to Turkmenistan on behalf of two persons who
          were reportedly sentenced to long prison terms after an anti-Government
          demonstration. Fears for their lives had been expressed, as they were
          reportedly suffering constant beatings in prison. The Special Rapporteur also
          sent an urgent appeal to Venezuela on behalf of a person who was reportedly
          being ill-treated and threatened with death while in incommunicado detention.
          21. The Special Rapporteur is concerned about the situation in India, as she
          continues to receive numerous reports of persons who died while they were in
          the custody of the police and other State officials. She is also aware of a
          growing number of cases in the Federal Republic of Yugoslavia, in which
          detainees have died after having reportedly sustained serious injuries under
          police interrogation. Reports also indicate that harsh living conditions and
          ill-treatment continue to claim the lives of inmates in Venezuelan prisons.
          The Special Rapporteur notes that in most countries where deaths in custody
          occur, State authorities are too often slow or reluctant to investigate cases
          and to bring persons responsible for such abuses to justice. As noted in
          section J below, this situation has, in some countries, led to a climate of
          impunity. She is also deeply concerned at the reluctance on the part of most
          Governments to recognize their additional obligation to ensure compensation to
          the families or relatives of victims of such abuses.
          D. Deaths due to excessive use of force by law
          enforcement officials
          22. The Special Rapporteur transmitted allegations regarding violations
          of the right to life of 37 persons, of whom 29 were identified, to the
          Governments of the following countries: Bulgaria (1) , Ethiopia (4) ,
          France (1), Guyana (1), Indonesia (2), Malaysia (9), Mexico (2), Morocco (1),
          Nepal (1) , Panama (1) , Philippines (10) , Spain (1) , the United Kingdom of
          Great Britain and Northern Ireland (1) and Venezuela (2) . These allegations
          included two reported violations of the right to life as a consequence of
          excessive use of force against participants in demonstrations in Indonesia.
          The Special Rapporteur also transmitted urgent appeals to the Governments of
          Indonesia and Brazil with the aim of preventing deaths due to excessive use of
          force by law enforcement officials. The Special Rapporteur appealed to the
          Government of Indonesia when she was informed that at least five students had
          been shot dead during a demonstration in Jakarta on 12 May 1998. In view of
          the fact that more demonstrations were expected, the Special Rapporteur
          expressed her concern over the security of the participants.
        
          
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          23. The Special Rapporteur is particularly concerned about reports from
          the Philippines saying that eight prisoners died as a result of excessive use
          of force by the Philippine National Police in connection with prison riots.
          It is alleged that several of the prisoners were shot dead after they had been
          wounded and were lying on the floor. The Special Rapporteur also notes with
          concern reports that eight Indonesian nationals were killed when Malaysian
          police reportedly attempted to forcibly repatriate a large group of
          Indonesians who were being held in immigration detention camps. She has also
          received reports indicating that in Brazil during the last two years, the
          average number of deaths resulting from police action has doubled. This trend
          has been attributed to the failure of the State authorities to prosecute
          police officers who shoot or wound criminal suspects.
          E. Deaths due to attacks or killings by security
          forces, paramilitary groups or private forces
          cooperating with or tolerated by the State
          24. The Special Rapporteur transmitted allegations of killings by security
          forces, by paramilitary groups or by private forces to the Governments of
          Brazil (3) , Colombia (98) , Democratic Republic of the Congo (185) ,
          Ethiopia (8), Guatemala (2), Honduras (3), India (8), Indonesia (6), Iraq (1),
          Israel (3), Mexico (18), Myanmar (160), Pakistan (44), Peru (3),
          Philippines (4), Senegal (2), Sri Lanka (10), Sudan (129), Thailand (3) and
          Yugoslavia (78) . The Special Rapporteur also transmitted allegations to the
          Government of Rwanda concerning the death of 1,123 persons, including many
          women and children, in massacres allegedly carried out by the Rwandese
          Patriotic Army.
          25. The Special Rapporteur transmitted an appeal urging the head of the
          Taliban Council to ensure the physical integrity of the civilian population
          of Bamyan and other parts of Afghanistan under Taliban control. The appeal
          was sent following alleged massacres of civilians by Taliban forces in
          Mazar-I-Sharif in August 1998. An urgent appeal was also sent to the
          Government of the Federal Republic of Yugoslavia following the killing
          of 25 Kosovo Albanians in clashes with government forces in the Drenica region
          in February 1998. Additionally, the Special Rapporteur appealed to the
          Government of Mexico following the killing of 45 indigenous Tzotziles by
          paramilitary groups in the area of Acteal in the State of Chiapas in
          December 1997. She further transmitted allegations of deaths due to attacks
          by paramilitary groups to the Governments of Colombia, Mexico and Ethiopia and
          by private individuals cooperating with or tolerated by the State to the
          Governments of Brazil, Colombia, Guatemala, Honduras, Mexico and Pakistan.
          26. The situation in the Great Lakes region of Africa remains a cause for
          deep concern for the Special Rapporteur. She is outraged by the continuing
          reports of massacres allegedly carried out by the Rwandese Patriotic Army and
          the growing number of civilians, including many Rwandan refugees, allegedly
          killed by the security forces of the Democratic Republic of the Congo. She is
          also alarmed by the situation in Myanmar where government security forces have
          allegedly continued summary killings of unarmed villagers, most often in the
          context of forced relocation or forced labour for the security forces. The
          Special Rapporteur remains extremely concerned about the situation in
          Colombia, where attacks conducted by members of the army and paramilitary
        
          
          E/CN.4/1999/39
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          groups against those believed to cooperate with the guerrillas have allegedly
          led to the deaths of many innocent civilians. The crisis in the Kosovo
          province in the Federal Republic of Yugoslavia has claimed the lives of a
          large number of unarmed civilians, including many women and children. It
          should be noted that the allegations presented above represent a mere fraction
          of the actual number of civilians killed in Kosovo, and only reflect cases
          brought directly to the Special Rapporteur's attention. The Special
          Rapporteur is also deeply concerned about continuing reports of extrajudicial
          killings by police and security forces in Pakistan.
          F. Violations of the right to life during armed conflicts
          27. The Special Rapporteur remains extremely concerned about the growing
          number of civilians and persons hors de combat killed in situations of
          internal strife or armed conflict in all regions of the world. In the last
          year many thousands of persons not participating in armed confrontations have
          lost their lives as a result of deliberate killings, the use of indiscriminate
          or disproportionate force, the utilization of anti-personnel mines, or the
          blockage of goods and services, including relief assistance, in countries such
          as Afghanistan, Colombia, the Democratic Republic of the Congo, Myanmar,
          Sri Lanka, the Sudan and the Federal Republic of Yugoslavia.
          G. Expulsion, refoulement or return of persons to a
          country or place where their lives are in danger
          28. The Special Rapporteur transmitted one urgent appeal to the Government
          of Kazakhstan on behalf of three Uighur nationals from China who were
          reportedly in imminent danger of being extradited to China, where they
          allegedly could face torture and execution, as they were accused of ‘ ethnic
          separatist” activities by the Chinese authorities.
          H. Genocide
          29. The Special Rapporteur is aware of the frequent and at times casual use
          of the term ‘ genocide” in everyday political discourse, which risks eroding
          some of its weight as a legal term. This underscores the importance of using
          the term ‘ genocide” with precision and in accordance with the criteria set out
          in article II of the Convention on the Prevention and Punishment of the Crime
          of Genocide. However, she notes with concern the reluctance on the part of
          the international community to use the term ‘ genocide”, even when the
          situations referred to constitute grave and systematic violations of the right
          to life which seem to match these criteria. The Special Rapporteur welcomes
          the decision to include the crime of genocide in the jurisdiction of the
          International Criminal Court, the Statute of which was adopted in Rome
          on 17 July 1998.
          30. In this context, the Special Rapporteur wishes to note the report of the
          Secretary-General's Investigative Team charged with investigating serious
          violations of human rights and international law in the Democratic Republic
          of the Congo (S/1998/581, annex) . In its report the Team presented the
          preliminary conclusion that ‘ the systematic massacre of those [ Rwandan Hutus]
          remaining in Zaire was an abhorrent crime against humanity, but the underlying
          rationale for the decisions is material to whether these killings constituted
        
          
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          genocide, that is to eliminate, in part, the Hutu ethnic group. The
          underlying reason for the massacres of Zairian Hutus in North Kivu is also
          material. This question is the most momentous one included in the mandate
          given to the Team, and one which requires further investigation.” The Special
          Rapporteur regrets that, because of lack of cooperation on the part of the
          Government of the Democratic Republic of the Congo, the Team was unable to
          complete its investigations.
          I. Deaths due to acts of omission
          31. The Special Rapporteur transmitted an allegation to the Government of
          Sri Lanka concerning an incident reported to have occurred in the Katumara
          prison in December 1997, when 134 Tamil prisoners were allegedly attacked by
          armed Sinhalese prisoners. Three persons were reportedly killed and 17 others
          wounded in this attack which allegedly was carried out with the acquiescence
          or participation of prison guards and officials. The Special Rapporteur also
          submitted allegations to the Government of Algeria regarding the killing
          of 972 persons by armed groups in several locations close to Algiers. She is
          deeply disturbed by reports that in most of these incidents government forces,
          which were apparently stationed close to the scenes of the killings, failed to
          intervene despite calls for help. It is reported that in many cases the
          authorities have taken no action to investigate the killings or to arrest the
          perpetrators. One allegation was further submitted to the Government of the
          United Kingdom of Great Britain and Northern Ireland regarding a case in
          Northern Ireland in which it was alleged that a patrol of the Royal Ulster
          Constabulary, which was present at the scene, failed to intervene when a
          Catholic man was attacked by a group of loyalists. The man later died in
          hospital as a result of head injuries.
          3. Impunity
          32. The Special Rapporteur wishes to emphasize that Governments have an
          obligation to carry out exhaustive and impartial investigations into
          allegations of violations of the right to life, to identify, bring to justice
          and punish perpetrators, as well as to take effective measures to avoid the
          recurrence of such violations. However, the Special Rapporteur is deeply
          concerned that in most of the countries where violations of the right to
          life were committed, the authorities have failed in their duty to bring
          perpetrators to justice, which in some countries has led to a climate of
          impunity often leading to the perpetuation and encouragement of human rights
          violations, including extrajudicial, summary or arbitrary executions. For
          more detailed discussion concerning the problem of impunity, reference is made
          to chapter V . section B, of this report.
          K. Rights of victims
          33. The right of victims or their families to receive fair and adequate
          compensation within a reasonable period of time is a recognition of the
          State's responsibility for the acts committed by its personnel, as well as an
          expression of respect for the human being. Granting compensation presupposes
          compliance with the obligation to conduct investigations into allegations of
          violations of the right to life with a view to identifying and prosecuting the
          alleged perpetrators. The Special Rapporteur wishes to emphasize that the
          right of the victim is important not as an instrument of revenge, but in order
          to ensure respect for the rule of law.
        
          
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          IV. ISSUES REQUIRING THE SPECIAL RAPPORTEUR'S ATTENTION
          A. Violations of the right to life of women
          34. During the period under review, the Special Rapporteur took action on
          behalf of 123 women, of whom 106 were identified. The Special Rapporteur
          transmitted urgent appeals on behalf of 15 women to the Governments of
          Brazil, Colombia, Costa Rica, Guatemala, the Islamic Republic of Iran, Peru,
          Sierra Leone, the Sudan, Trinidad and Tobago and the United States. She also
          sent an appeal to the Government of Colombia on behalf of a number of
          displaced families. In addition, the Special Rapporteur transmitted
          allegations regarding 108 cases of violations of the right to life of women,
          including 12 minors, said to have occurred in Belgium (1), Colombia (11),
          the Democratic Republic of the Congo (3) , Indonesia (2) , Liberia (1) ,
          Myanmar (38) , the Philippines (1) , Rwanda (43) and Sri Lanka (8) . Allegations
          of a more general nature regarding violations of the right to life of groups
          of unidentified persons, including many women, were also sent to the
          Governments of Algeria and the Federal Republic of Yugoslavia.
          35. It should be noted that the figures mentioned above do not necessarily
          show the actual number of women on whose behalf the Special Rapporteur
          intervened. First, they reflect only those cases in which it was specifically
          indicated that the victim was female. Second, some allegations transmitted by
          the Special Rapporteur refer to groups of unidentified persons which likely
          included women. It is a fact that women and children are the main victims
          of armed conflict and civil unrest. Most of the women on whose behalf the
          Special Rapporteur took action were women who received death threats or who
          were killed in attacks or killings by security forces of the State or by
          paramilitary groups. The Special Rapporteur is alarmed by reports from
          Sri Lanka and Myanmar saying that several women had allegedly been gang-raped
          before being killed. The Special Rapporteur is also concerned about the large
          number of women killed in the conflict in Kosovo. Many women are also among
          growing numbers of people killed by armed groups in Algeria.
          B. Violations of the right to life of minors
          36. During the period under review, the Special Rapporteur took action on
          behalf of 67 minors, of whom 56 were identified. She transmitted urgent
          appeals on behalf of minors to the Governments of Colombia, Mexico and
          the United States of America. JII appeal was also sent to the head of the
          Taliban Council. The urgent appeal transmitted to the United States concerned
          a person who was reportedly facing the death penalty in Texas for an act of
          murder he reportedly committed when he was 17 years of age. The urgent
          appeals sent to the Governments of Colombia and Mexico and the head of the
          Taliban Council concerned unspecified or unknown numbers of minors whose lives
          were feared to be threatened, either because of their link to an adult or in
          connection with indiscriminate violence by paramilitary forces.
          37. The Special Rapporteur transmitted 64 alleged cases of violations of the
          right to life of minors to the Governments of: Colombia (5), Democratic
          Republic of the Congo (1), Ethiopia (1), France (1), Honduras (1), Israel (2),
          Mexico (2), Myanmar (7), Nigeria (1), Pakistan (3), Philippines (3),
          Rwanda (25), Sri Lanka (6), Thailand (3), Venezuela (2) and Yugoslavia (1).
        
          
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          These included children who had died as a result of an excessive use of force,
          as well as in attacks or killings committed by security forces or paramilitary
          groups. Allegations of killings of groups of unidentified persons, including
          several children, by armed gangs were also sent to the Government of Algeria.
          38. In the last year large numbers of children have been killed in the
          context of armed conflict or internal strife in countries such as Algeria,
          the Democratic Republic of the Congo, Sri Lanka and the Federal Republic of
          Yugoslavia. The Special Rapporteur is also distressed that many children were
          reportedly among the victims of massacres in the Democratic Republic of
          the Congo, Myanmar and Rwanda.
          C. Violations of the right to life concerning
          refugees and internally displaced persons
          39. During the present reporting period, the Special Rapporteur sent both
          urgent appeals and allegations concerning individuals and groups of people who
          had been displaced, either as refugees or as internally displaced persons, and
          who had suffered violations or threats of violations of the right to life.
          The countries to which these communications were sent and the individuals on
          whose behalf they were transmitted include: 70 peasant families in Colombia
          who reported having received death threats from paramilitary groups;
          54 Rwandese refugees in the Democratic Republic of the Congo, who were
          reportedly killed while attempting to return to their homeland; and
          45 Karen-minority villagers who had been forcibly relocated in Myanmar.
          D. Violations of the right to life of individuals
          carrying out peaceful activities in defence of
          human rights and fundamental freedoms
          40. During the period under review, the Special Rapporteur transmitted
          urgent appeals on behalf of 14 persons carrying out peaceful activities in
          defence of human rights and fundamental freedoms, requesting the Governments
          concerned to take the necessary measures to protect these individuals' right
          to life. The action undertaken by the Special Rapporteur was on behalf of
          human rights defenders threatened in the following countries: Brazil (1) ,
          Colombia (2) , Costa Rica (1) , Guatemala (6) , Peru (2) , Philippines (1) and
          Turkey (1) .
          41. In addition, the Special Rapporteur transmitted allegations of
          violations of the right to life of 13 human rights defenders. The following
          human rights defenders were reportedly killed in Brazil: Fransisco de Assis
          Araujo, Onalicio Araujo Barror, Valentin Serra; Colombia: Jesias Maria Valle
          Jaramillo, Luis Alberto Lopera Munera, Rosmira Gallego; Democratic Republic
          of the Congo: Oswald Hakorinama; Ethiopia: Ato Assefa Maru; Guatemala:
          Monseffior Juan Gerardi; Honduras: Jorge Castillo, Julian Alberto Morales;
          Mexico: Jos& Tila L6pez Garcia, Oscar Rivera Leyva.
          42. The Special Rapporteur continues to be concerned at the large scale on
          which threats against and violations of the right to life of human rights
          defenders are occurring in various countries in the world. The Special
          Rapporteur is particularly appalled at the situations in Colombia and
          Guatemala, where human rights defenders seem to be one of the target groups
        
          
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          for extrajudicial, summary or arbitrary executions and where measures aimed
          at their protection seem ineffective. The Special Rapporteur has received
          reports indicating that in the period from 1 January to 30 November 1998, more
          than 40 individual human rights activists and a large number of human rights
          groups, mainly in Latin America, were either threatened with death or
          extrajudicially killed.
          E. Violations of the right to life of persons exercising their
          right to freedom of opinion and expression
          43. During the period under review, the Special Rapporteur took action on
          behalf of a wide variety of persons falling within this category, including
          journalists, members of political parties and trade unions, as well as
          participants in demonstrations. Allegations of violations of the right
          to life of 160 persons exercising their right to freedom of opinion and
          expression were transmitted to the Governments of the following countries:
          Bhutan (1), China (1), Colombia (5), Indonesia (3), Iraq (4), Mexico (1),
          Myanmar (1) , Nepal (1) , Pakistan (11) , Panama (1) , Senegal (1) , Sudan (129)
          and Yugoslavia (1) . The allegations sent to the Government of the Sudan
          concerned the alleged killing of 129 young men who had apparently been
          forcibly recruited to undergo military training. It is reported that officers
          gave the order to shoot at the recruits when they expressed, in a peaceful
          manner, resentment that their request for leave to celebrate a religious
          holiday had been turned down. It is alleged that 74 persons were shot dead
          and 55 others drowned when trying to escape in a boat that was shot at and
          then sank.
          44. Moreover, the Special Rapporteur transmitted 8 urgent appeals on behalf
          of 12 persons exercising their right to freedom of opinion and expression
          to the Governments of: Indonesia (1), Iran (Islamic Republic of) (4),
          Pakistan (1) , Sri Lanka (1) and Turkmenistan (1) .
          F. The right to life and the administration of justice
          45. During the period under review the Special Rapporteur undertook action
          on behalf of 14 persons involved in or related to the administration of
          justice, including lawyers, plaintiffs and witnesses. She transmitted one
          allegation of a violation of the right to life to the Government of Guatemala,
          regarding the killing of a person who was to appear as a witness in a case
          against three police officers accused of murder. The Special Rapporteur also
          sent urgent appeals to the Governments of Colombia, Costa Rica, Guatemala,
          Peru, the Philippines and Venezuela with the aim of preventing the loss of
          life of persons related to the administration of justice.
          G. Violations of the right to life of persons belonging to
          national, ethnic, religious or linguistic minorities
          46. The Special Rapporteur acted on behalf of a variety of persons
          considered to belong to national, ethnic, religious and/or linguistic
          minorities in their countries. Both urgent appeals and individual allegations
          concerning violations of the right to life were transmitted to Governments
          during the period under review. This included communications sent to the
          following countries on behalf of the following persons: the Federal Republic
        
          
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          of Yugoslavia on behalf of 80 ethnic Albanians in the province of Kosovo;
          Sri Lanka concerning over 20 persons belonging to the Tamil minority; Iraq on
          behalf of four Shi'a Muslims; Nepal concerning the alleged death of a Tibetan
          monk; and China where one Tibetan monk was said to have died as a result of
          torture. In addition, communications were sent to Brazil on behalf of an
          indigenous activist from the Xucuru population; to Colombia regarding death
          threats received by four indigenous activists and for the alleged killings of
          two other indigenous activists; to the Democratic Republic of the Congo,
          concerning the reported deaths of 54 Rwandan refugees; to Guatemala, where
          four individuals working for the Mayan Defence of Guatemala reportedly
          received death threats; to Honduras, on behalf of two members of the Garifunas
          indigenous group; to Myanmar, regarding the reports of 168 deaths of people of
          Karen ethnicity; and to Indonesia concerning the death of an East Timorese
          woman and the situation facing the ethnic Chinese minority, which remains a
          matter of concern.
          H. Violations of the right to life and non-State actors
          47. The Special Rapporteur notes that violent acts committed by non-State
          actors do not fall within the purview of her mandate, which only allows her
          to take action when perpetrators are believed to have a link with the State.
          However, the Special Rapporteur is aware of and has received information
          concerning violence committed by armed opposition groups resorting to murder
          and indiscriminate or arbitrary killings of civilians as a tactic of armed
          struggle against Governments. She is aware that violent acts committed
          by such groups have led to the death of many civilians, in particular in
          Algeria, Colombia and Sri Lanka, as well as in the Kosovo province of the
          Federal Republic of Yugoslavia. The Special Rapporteur condemns these acts
          as clear violations of basic humanitarian and human rights principles.
          48. While the Special Rapporteur recognizes the difficulties that the
          concerned Governments face in fighting armed insurgent groups, she notes with
          concern that in some countries Governments have adopted counter-insurgency
          strategies, often involving excessive and indiscriminate use of force, aimed
          at targeting those suspected of being members, collaborators or sympathizers
          of those groups, leading to further violations of the right to life. In this
          context, the Special Rapporteur wishes to refer to paragraph 1 of general
          comment 6 of the Human Rights Committee on article 6 of the International
          Covenant on Civil and Political Rights, in which the Committee confirmed that
          there can be no derogation from the right to life, not ‘ even in time of public
          emergency which threatens the life of the nation” . Governments engaged in
          action against armed groups must ensure that its own forces act in accordance
          with relevant international standards when carrying out their duties.
          Governments are also encouraged to devise strategies aimed at good governance
          through an efficient investigative process and to strengthen judicial capacity
          for long-term relief from rampant violence.
          I. Violations of the right to life of individuals who have
          cooperated with representatives of United Nations human
          rights bodies (reprisals )
          49. During the period under review, the Special Rapporteur sent one urgent
          appeal to the Government of Peru on behalf of a person who had cooperated with
        
          
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          representatives of United Nations human rights bodies. Heriberto Benitez
          Rivas, a human rights lawyer from Lima, reportedly received several death
          threats in the spring of 1998 in connection with his work as a human rights
          defender. Mr. Benitez had also given information to the United Nations
          regarding death threats received by a former member of the Constitutional
          Court in Peru.
          V. ISSUES OF SPECIAL CONCERN TO THE SPECIAL RAPPORTEUR
          A. Capital punishment
          SO. The Special Rapporteur shares and reiterates the view of her predecessor
          that capital punishment must be considered as an exception to the fundamental
          right to life and should as such be interpreted restrictively. In view of the
          fact that the loss of life is irreparable, it is also imperative that all
          restrictions and standards contained in pertinent international instruments
          are fully respected in proceedings relating to capital offences. The Special
          Rapporteur takes action in cases of capital punishment in which there is
          reason to believe that international restrictions, which are analysed in the
          paragraphs below, are not respected. In such cases, the carrying out of a
          death sentence may constitute a form of summary or arbitrary execution.
          Therefore, the Special Rapporteur has based her assessment of cases brought to
          her attention on the need to ensure full respect of the right to a fair trial,
          including guarantees as regards the impartiality, independence and competence
          of the judiciary. In addition, the Special Rapporteur has been guided in her
          work by the basic principles of the desirability of the abolition of capital
          punishment and the need to observe special restrictions and limitations in
          cases when the death penalty is applied.
          1. Desirability of the abolition of the death penalty
          51. The Special Rapporteur notes that while capital punishment has not
          yet been prohibited under international law, various United Nations human
          rights organs and bodies have, on several occasions, strongly reaffirmed
          the desirability of the abolition of the death penalty. During its
          fifty-third session the Commission on Human Rights took a major step in this
          direction with the adoption of resolution 1997/12 on 3 April 1997 on the
          question of the death penalty, in which the Commission for the first time
          called upon all States that had not yet abolished the death penalty to
          progressively restrict the number of offences for which the death penalty
          could be imposed. It further called on States to consider suspending
          executions, with a view to abolishing the death penalty. In the corresponding
          resolution 1998/8 adopted at its fifty-fourth session, the Commission called
          on States ‘ to establish a moratorium on executions, with a view to completely
          abolishing the death penalty”. In this context, the Special Rapporteur
          welcomes the fact that on 28 November 1998 the Bulgarian Parliament decided
          to abolish capital punishment. The last death sentence in Bulgaria was
          implemented in 1989. It may be noted that more than 100 countries have so
          far abolished the death penalty either by law or in practice.
          52. The Special Rapporteur notes with appreciation that the Statute of the
          International Criminal Court, adopted in Rome on 17 July 1998, does not
          include capital punishment among the penalties that may be imposed by the
        
          
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          Court. It will be recalled that the International Criminal Tribunal for
          the Former Yugoslavia and the International Criminal Tribunal for Rwanda
          established by the Security Council in 1993 and 1994, respectively, are not
          authorized to impose death sentences.
          53. On a regional level, new members of the Council of Europe are required
          to sign within one year, and ratify within three years of joining the
          organization, Protocol No. 6 to the European Convention on Human Rights, aimed
          at abolishing the death penalty, and are also required to place an immediate
          moratorium on executions. However, the Special Rapporteur has received
          reports that in the Russian Federation hundreds of persons have been sentenced
          to death and an unknown number executed since the country joined the Council
          of Europe in 1996. She has been informed that the death penalty is to be
          abolished in the Russian Federation by February 1999, in accordance with the
          country's obligations as a member of the Council of Europe. The Special
          Rapporteur is also concerned about reports that Ukraine continued executing
          prisoners in 1997, despite the required moratorium. The Special Rapporteur
          notes with appreciation the decision of the House of Commons of the
          United Kingdom of 20 May 1998 to incorporate Protocol No. 6 into British Law.
          The Special Rapporteur also welcomes the decision of the General Affairs
          Council of the European Union of 29 June 1998 to adopt a policy aimed at
          promoting the abolition of the death penalty. In the declaration defining
          this policy entitled ‘ Guidelines to European Union Policy Towards Third
          Countries on the Death Penalty”, the European Union sets out as its objective
          to work towards universal abolition of the death penalty as a strongly held
          policy view agreed to by all its member States.
          54. The Special Rapporteur notes with regret that despite the current trend
          supporting the abolition of the death penalty, some countries have resumed
          executions in the last year. She notes that in June 1998 Ethiopia carried out
          its first execution since 1991, and that two brothers were executed in Gaza
          in August 1998 after having been found guilty of murder. These were the first
          executions to be carried out by the Palestinian Authority. The Special
          Rapporteur has also been informed of two executions carried out in the Bahamas
          in 1998, which marked the end of a two-year period during which no executions
          took place in that country. It has further been brought to her attention that
          since the reintroduction of the death penalty in the Philippines in 1993, more
          than 820 persons have been sentenced to death.
          2. Fair trial
          55. Legal proceedings in relation to capital offences must conform to the
          highest standards of impartiality, competence, objectivity and independence
          of the judiciary, in accordance with the pertinent international legal
          instruments. It is, therefore, imperative that defendants facing the
          imposition of capital punishment are able to benefit fully from the right to
          a competent defence counsel at every stage of the proceedings. Defendants
          must also be presumed innocent until their guilt has been proved beyond a
          reasonable doubt. The Special Rapporteur shares the opinion expressed by her
          predecessor that the execution of a death sentence passed after a trial in
          which basic fair trial standards, as provided for in article 14 of the
          International Covenant on Civil and Political Rights, were not respected
          constitutes a violation of the right to life. During the present reporting
        
          
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          period the Bahamas, the Democratic Republic of the Congo, Egypt, the
          Islamic Republic of Iran, Iraq, Japan, Nigeria, Rwanda, Sierra Leone,
          Tajikistan, Trinidad and Tobago, Turkmenistan and the United States of America
          were among countries reported to have imposed death sentences after
          proceedings in which the defendants did not benefit fully from the rights
          and guarantees for a fair trial contained in the pertinent international
          instruments. The Special Rapporteur has also received reports from
          Afghanistan indicating that in many trials leading to the imposition of the
          death penalty, sitting judges lack sufficient training and that cases are
          often decided in a matter of minutes.
          56. In cases where the defendants may face the death penalty, the
          proceedings must also respect and ensure the right of review of both
          the factual and legal aspects of the case by a higher instance, which should
          be composed of judges other than those who dealt with the case at first
          instance. Furthermore, there can be no exception to the defendant's right to
          seek pardon, clemency or commutation of the sentence. In this context, the
          Special Rapporteur regrets that on 23 October 1997 the Government of Jamaica
          notified the Secretary-General that it was withdrawing as a State party to the
          first Optional Protocol to the International Covenant on Civil and Political
          Rights, which allows individuals who claim that their rights under the
          Covenant have been violated to petition the Human Rights Committee. The
          Government's decision is of particular concern to the Special Rapporteur as it
          will withhold an important appeal option from persons facing a death sentence.
          It should be noted that when examining communications filed by persons
          sentenced to death in Jamaica, the Human Rights Committee found that in a
          considerable number of cases article 14, the right to a fair trial, had been
          violated. On 31 October 1997 the Special Rapporteur, Mr. Bacre Waly Ndiaye,
          raised these concerns in a letter to the Government of Jamaica.
          57. The Special Rapporteur has received reports from Egypt indicating that
          since October 1992, military courts that do not allow for the right to appeal
          have passed 58 death sentences which were subsequently carried out. The
          Special Rapporteur also remains concerned about the situation in Rwanda, where
          it is alleged that courts conducting trials for the crime of genocide, which
          often led to the imposition of death sentences, continue to deny defendants
          their right to basic fair trial guarantees, particularly the right to legal
          representation and appeal. The extensive use of the death penalty in China
          continues to be a cause for great concern, as there are allegations of serious
          shortcomings in many of the trials leading to the passing of death sentences.
          It is reported that more than 3,100 persons were sentenced to death by Chinese
          courts in 1997. Some 1,800 people were reportedly executed in the same time
          period.
          58. The Special Rapporteur is also aware of cases in which defendants who
          have been sentenced to death have decided to accept the imposition of the
          death penalty and not to appeal to a higher jurisdiction or to request
          clemency or pardon. In this regard, the Special Rapporteur shares the view
          expressed by the Economic and Social Council in its resolution 1989/64
          of 24 May 1989 entitled Implementation of the safeguards guaranteeing
          protection of the rights of those facing the death penalty”, recommending that
          Member States introduce mandatory appeals or review with provisions for
          clemency or pardon in all cases of capital offence. During the period under
        
          
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          review, the Special Rapporteur transmitted urgent appeals on behalf of
          two persons who had chosen to withdraw their appeals in the United States
          of America.
          59. Another cause for concern is the practice of establishing special
          tribunals and jurisdictions as a response to situations of internal conflict
          or other exceptional circumstances. Such tribunals are often set up with the
          intention of speedy trials, which often result in hastily imposed death
          sentences. There are reports of serious violations of fair trial standards in
          connection with proceedings before special tribunals, particularly as concerns
          the independence and impartiality of the judiciary, since the judges are often
          closely connected and at times directly accountable to the law enforcement
          authorities or the military.
          60. The Special Rapporteur is also concerned over reports that most of the
          more than 60 foreigners currently under death sentence in the United States
          of America have been sentenced without being informed of their right under
          article 36 of the Vienna Convention on Consular Relations to receive legal
          assistance from their respective consulates. In this regard, the Special
          Rapporteur notes the case of Mr. Angel Francisco Breard, a national of
          Paraguay, who was executed in Virginia despite a ruling by the International
          Court of Justice that the execution should be postponed pending full
          adjudication by the Court. It appears that Breard had not been informed of
          his rights under the Vienna Convention prior to his conviction. She further
          notes reports that 60 foreign nationals were among the more than 120 persons
          allegedly executed in Saudi Arabia in 1997, following trials that reportedly
          fell short of international standards.
          3. Restrictions on the use of the death penalty
          61. The Special Rapporteur is deeply disturbed that some countries still
          permit capital punishment for juvenile offenders, despite the fact that this
          practice is prohibited under international law. It may be noted that more
          than 100 of all 122 countries in which capital punishment is still legally in
          force have passed laws excluding death sentences for juveniles. During the
          present reporting period the Special Rapporteur transmitted urgent appeals to
          the Government of the United States of America on behalf of two persons
          sentenced to death for crimes they reportedly committed when they were
          17 years old. The Special Rapporteur notes that since 1990, the Islamic
          Republic of Iran, Nigeria, Pakistan, Saudi Arabia, the United States and Yemen
          have executed persons who were reportedly under the age of 18 at the time when
          they committed the crime for which they received their death sentences. In
          the period 1985-1997, 19 juveniles were reportedly executed worldwide.
          62. The Special Rapporteur wishes to point out that in resolution 1989/64
          the Economic and Social Council recommended that States strengthen the
          protection of the rights of those facing the death penalty by eliminating the
          death penalty for persons suffering from mental handicap or extremely limited
          mental capacity. It should further be noted that the Safeguards guaranteeing
          protection of the rights of those facing the death penalty stipulate that the
          death penalty shall not be carried out on persons who have become insane. The
          Special Rapporteur strongly supports these recommendations and urges States to
          take action to reflect these restrictions in domestic law. In the period
        
          
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          under review, the Special Rapporteur took action on behalf of three persons
          who were sentenced to death in the United States of America, despite
          reportedly being mentally ill or handicapped. In this regard, the Special
          Rapporteur takes particular note of the case of Joseph John Cannon, a
          diagnosed schizophrenic, who was executed in Texas in April 1998 for a murder
          committed in 1977 when he was 17 years of age. The Special Rapporteur
          transmitted an urgent action on Mr. Cannon's behalf on 2 March 1998.
          63. In regard to restrictions on the use of the death penalty, the
          Special Rapporteur finally wishes to recall article 6, paragraph 2, of the
          International Covenant on Civil and Political Rights which stipulates that,
          ‘tin countries which have not abolished the death penalty, sentence of death
          may be imposed only for the most serious crimes”. In its general comment 4 on
          article 6, the Human Rights Committee stated that the expression ‘ most serious
          crimes” must be read restrictively to mean that the death penalty should be a
          quite exceptional measure. The Special Rapporteur strongly supports this
          conclusion, and further believes that the death penalty should under no
          circumstances be mandatory by law, regardless of the charges involved.
          Furthermore, paragraph 1 of the Safeguards guaranteeing protection of the
          rights of those facing the death penalty states that the scope of crimes
          subject to the death penalty should not go beyond intentional crimes with
          lethal or other extremely grave consequences. The Special Rapporteur
          considers that these restrictions exclude the possibility of imposing death
          sentences for economic and other so-called victimless offences, or activities
          of a religious or political nature - including acts of treason, espionage and
          other vaguely defined acts usually described as ‘ crimes against the State” or
          ‘ disloyalty”. Similarly, this principle would exclude actions primarily
          related to prevailing moral values, such as adultery and prostitution, as
          well as matters of sexual orientation.
          64. The Special Rapporteur is particularly disturbed by reports that in
          August 1997 in the Islamic Republic of Iran, a 20-year-old woman was arrested
          and charged with engaging in sexual relations outside marriage. According to
          the information received, the woman was immediately sentenced to death by
          stoning. After she was stoned, medical doctors reportedly confirmed that she
          was dead. However, she apparently started breathing while being taken to the
          morgue, and was subsequently transferred to the hospital where her condition
          reportedly improved. In January 1997 the Special Rapporteur, Mr. Bacre
          Waly Ndiaye, sent an urgent appeal to the Government of Iran, following
          reports that the woman was about to be sentenced to a second stoning.
          B. Impunity
          65. The Special Rapporteur wishes to recall that the Human Rights Committee
          has in its general comment on article 6 of the International Covenant on Civil
          and Political Rights, as well as in numerous decisions, asserted that States
          are required to investigate all human rights violations, particularly those
          affecting the physical integrity of the victim, to bring to justice those
          responsible for such abuses, to pay adequate compensation to the victims or
          their families and to prevent the recurrence of such violations. The duty to
          investigate human rights abuses has been further reiterated and confirmed in a
          number of international instruments, including the Declaration on the
          Protection of All Persons from Enforced Disappearance and the Principles on
          the Effective Prevention of and Investigations of Extra-legal, Arbitrary and
          Summary Executions.
        
          
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          66. The Special Rapporteur notes that one of the key criteria of a
          functioning State is a justice system which is ready and capable of protecting
          the rights and integrity of the individual, inter alia by sanctioning the
          commission of crimes. Impunity for persons responsible for sanctionable acts,
          and in particular grave violations of human rights, undermines the rule of
          law, which is one of the most fundamental principles upon which society is
          based. Impunity also leads to the perpetuation of human rights violations, as
          offenders continue their practices and new abuses are ignored or covered up.
          67. In some cases situations of impunity are a direct product of laws or
          other regulations which explicitly exempt public officials or certain
          categories of State agents from accountability or prosecution. This situation
          is particularly common in countries facing internal unrest or other
          exceptional circumstances, and where the authorities, particularly the police
          or security forces, are given wide-reaching powers to counter a real or
          perceived threat to national security. Broadly defined and vaguely worded
          amnesty laws, usually passed in the name of national reconciliation, may in
          some circumstances also lead to impunity for past abuses committed under the
          authority of a previous Government. In most cases, however, impunity is the
          product of a weak and inadequate legal system, which is unable or unwilling to
          take appropriate action to investigate and prosecute cases of human rights
          abuses, including violations of the right to life. In some countries the
          judiciary is strongly influenced by or directly accountable to the executive
          authorities, while in others, court decisions and orders are overruled or
          simply ignored by the law enforcement authorities. The Special Rapporteur is
          also increasingly concerned about the practice of prosecuting members of
          security forces in military courts, which often fall short of international
          standards regarding the impartiality, independence, and competence of the
          judiciary. Internal commissions of inquiry established to investigate abuses
          committed by law enforcement officials also often fail to meet these criteria.
          68. During the period under review, the Special Rapporteur continued to
          receive information relating to impunity. She is particularly disturbed by
          the growing number of reports of killings by government security forces in
          Myanmar. The Special Rapporteur is not aware of any attempt by the Government
          of Myanmar to bring an end to these abuses, nor is there any indication that
          the Government intends to investigate the crimes committed in order to bring
          the perpetrators to justice. The Special Rapporteur is also alarmed by the
          obvious impunity with which paramilitary forces in Colombia have continued to
          commit systematic human rights violations, including violations of the right
          to life. Another cause for great concern is the continuing violence in the
          Great Lakes region, particularly in the Democratic Republic of the Congo and
          Rwanda, where Government-controlled forces, acting in a climate of apparent
          impunity and lawlessness, have reportedly committed large-scale atrocities,
          including massacres of civilians.
          69. The Special Rapporteur welcomes the fact that after several years of
          preparation, the Statute for a Permanent International Criminal Court
          was finally adopted by the United Nations Diplomatic Conference of
          Plenipotentiaries on the Establishment of an International Criminal Court in
          Rome on 17 July 1998. The Court, which is to be established once the Statute
          is ratified by 60 States, will have jurisdiction over serious crimes of
          international concern, including genocide, war crimes, terrorism and crimes
        
          
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          against humanity. Under the principle of complementarity, the Court is to
          exercise its jurisdiction only in cases when national justice systems are
          unable or unwilling to do so. The Special Rapporteur is hopeful that the
          International Criminal Court, once it is established, will assume a key role
          in curbing the current trend of impunity by bringing perpetrators of gross
          human rights violations to justice.
          70. In this context, the Special Rapporteur notes the discussion in the
          United Kingdom in late 1998 to allow extradition proceedings against former
          Chilean President Augusto Pinochet. It must be recognized that no one is
          above the law insofar as human lives are concerned. Strict concepts of
          impunity are now under challenge. However, the Special Rapporteur wishes to
          point out that measures taken to combat impunity by bringing perpetrators to
          justice cannot be selective, in order to have a meaningful impact on the
          responsibility of the State and its rulers to respect human life. Impunity
          for rulers suspected of killings is an offence to society as a whole.
          However, the objective of bringing officials and rulers within the ambit of
          ordinary law in this regard is not simply to give satisfaction to the family
          of the victims or to seek revenge for past atrocities, but to promote peace
          and respect for the law. It will be a major contribution towards ensuring a
          more responsible leadership.
          C. Child soldiers
          71. The Special Rapporteur notes with deep concern that there are today an
          estimated 250,000 children under the age of 18 serving in government forces
          or armed groups in various parts of the world. Some of these children are
          reportedly no more than eight years old. Under current international human
          rights and humanitarian law standards the age-limit for recruitment for
          military service is set at 15 years. It may be recalled that article 1 of the
          Convention on the Rights of the Child stipulates that [ F]or the purposes
          of the present Convention, a child means a person below the age of
          eighteen years, unless under the law applicable to the child, majority is
          attained earlier”. The only exception to this principle under the Convention
          is in relation to recruitment to armed forces and participation in hostilities
          (art. 38) . This provision would seem to run counter to a growing legal
          consensus that a child under the age of 18 is entitled to special protection
          of its rights. A logical conclusion following from this principle would be
          that children need and should be afforded more, and not less, protection in
          times when their lives and security are threatened by armed hostilities.
          72. The Special Rapporteur further notes that the majority of countries
          have set 18 years as the age when persons obtain the right to participate in
          political life including the right to vote. It is questionable whether young
          persons under the age of 18, who are not entitled to vote, can be required to
          take part in conflicts which are often the consequence of political decisions
          over which they have no influence. The Special Rapporteur further notes that
          the Human Rights Committee, in paragraph 13 of its general comment 21 on
          article 10 of the International Covenant on Civil and Political Rights, has
          recommended that the age for majority, when it comes to matters of criminal
          responsibility, should be 18 years.
        
          
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          73. While many of the juveniles participating in armed conflict are often
          presented as ‘ volunteers”, reports indicate a large number of these persons
          have actually been forcibly recruited. Even when the decision to enlist
          appears to have been based on free will, it should be noted that young
          persons, who have not reached the age of majority, cannot be expected to fully
          appreciate the implications of their decisions and actions or the dangers they
          may face. Since children lack maturity they are also more likely to act in an
          irresponsible way, which in the context of armed hostilities may result in
          arbitrary actions, including violations of the right to life. In view of
          these considerations and the legal arguments presented above, the Special
          Rapporteur concludes that the use of children in armed conflict constitutes
          a serious and direct threat to the protection and enjoyment of the right to
          life.
          D. Traditional practices and customs affecting the right to life
          74. The Special Rapporteur's attention has been drawn to certain traditional
          practices which, when condoned or ignored by the authorities, may constitute
          violations of the right to life. She is deeply disturbed by reports of
          so-called IIonour killings” reported to take place in some countries in the
          Middle East, Latin America and South Asia, where husbands, fathers or brothers
          have gone unpunished after having murdered their wives, daughters or sisters
          in order to defend the honour of the family. She has also received accounts
          of such cases reported to have occurred in Turkey. This practice is usually
          resorted to when a woman is believed to have engaged in a sexual relationship
          with a man. In other cases women have reportedly been killed by their
          husbands after having demanded a divorce. The IIonour killing” is usually a
          decision by an improvised tribunal consisting of male family members, and is
          as a general rule carried out by an under-age male relative of the woman.
          Such offenders are given special consideration of mitigation on the plea of
          cultural sensitivity. The Special Rapporteur has been informed that men who
          commit ‘ honour killings” normally receive considerably shorter sentences, as
          the courts view defence of the honour of the family as a mitigating
          circumstance. It is also alleged that the police often fail to intervene to
          stop ‘ honour killings” they are made aware of. The Special Rapporteur has
          received reports that in 1997 in Jordan more than 20 women were murdered by
          male relatives claiming to have acted in defence of their family's honour.
          She has also been informed that the Jordanian Penal Code includes several
          articles providing for reduced penalties for men who kill their wives or
          female relatives because of adulterous relationships. It further appears that
          in these cases Jordanian courts often pass reduced sentences ranging from
          two years to six months of imprisonment.
          75. The Special Rapporteur urges States, and in particular members of the
          judiciary in the countries concerned, to use all their authority and integrity
          to bring this unacceptable practice to an end. With regard to the situation
          in Jordan, the Special Rapporteur is encouraged to note that in recent times
          members of the Royal Family have taken a personal interest in addressing the
          country's problem of violence against women, including the practice of ‘ honour
          killings” .
        
          
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          E. The right to life and sexual orientation
          76. The Special Rapporteur is deeply concerned by numerous and continuing
          reports of persons having been killed or sentenced to death because of their
          sexual orientation. She is particularly disturbed by reports from Brazil,
          Colombia and Mexico, where so-called ‘ death-squads” have over the last years
          reportedly murdered a large of number of persons belonging to sexual
          minorities. The Special Rapporteur has been informed that in the period
          from 1991 to 1994, 12 homosexual men were killed by armed groups in the city
          of Tuxtla Guti&rrez, Mexico. It appears that the perpetrators of these
          killings were never identified, and it is alleged that the authorities failed
          to carry out thorough and complete investigations into these crimes. The
          Special Rapporteur has also received reports that in the last several years
          hundreds of so-called ‘ social undesirables”, including many homosexuals and
          transvestites, have been killed by armed groups in Colombia. In Brazil it is
          reported that hundreds of persons belonging to sexual minorities have been
          murdered in the last 10 years. It is alleged that the Brazilian and Colombian
          authorities have not taken adequate action to find and prosecute the persons
          responsible for these crimes.
          77. The Special Rapporteur regrets that in some States homosexual
          relationships are still punishable by death. In this regard she wishes to
          recall that under article 6 of the International Covenant on Civil and
          Political Rights, death sentences may only be imposed for the most serious
          crimes. As discussed above in chapter V . section A (3), this restriction
          clearly excludes matters of sexual orientation. The Special Rapporteur
          further believes that criminalizing matters of sexual orientation increases
          the social stigmatization of members of sexual minorities, which in turn makes
          them more vulnerable to violence and human rights abuses, including violations
          of the right to life. Because of this stigmatization, violent acts directed
          against persons belonging to sexual minorities are also more likely to be
          committed in a climate of impunity.
          VI. CONCLUDING REMARKS AND RECOMMENDATIONS
          78. The observations and discussion presented above bear testimony to the
          scope and seriousness of the problem of extrajudicial, summary or arbitrary
          executions, and confirm the need for the international community to renew its
          efforts to combat these atrocities. In light of the information brought to
          her attention during the period under review, the Special Rapporteur concludes
          that there is no indication of a decrease in violations of the right to life.
          She notes that while certain persons, such as human rights defenders,
          political activists, displaced persons and members of various minorities,
          continue to be particularly exposed to violations of the right to life, these
          abuses are by no means exclusively limited to these groups. In the last year
          there have been increasing reports of killings perpetrated by
          Government-controlled security forces and paramilitary units. Many of the
          victims of these horrendous acts have been women, children and elderly
          persons. The growing number of innocent civilians killed in the context of
          armed conflict and internal strife is also a cause for deep concern.
          79. The Special Rapporteur wishes to stress that ending violations of the
          right to life is ultimately a question of Governments' genuine will and
        
          
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          readiness to honour their obligation to protect and promote the rights of the
          people living under their jurisdictions. Without basic respect for the rule
          of law, all declarations and commitments made by Governments lose their
          meaning, and the texts of the international instruments become empty words.
          80. The Special Rapporteur is honoured to be entrusted with this challenging
          mandate, and she wishes to take this opportunity to thank her predecessor,
          Mr. Bacre Waly Ndiaye, for his hard and invaluable work in developing the
          mandate into a strong and credible mechanism for the protection of perhaps
          the most fundamental of all rights, the right to life. She recognizes the
          daunting tasks ahead, which she will endeavour to carry out with objectivity,
          diligence and commitment. At the same time, however, the Special Rapporteur
          fears that the limited resources placed at her disposal will hamper her
          efforts to discharge her mandate in an effective way. She is particularly
          concerned that shortage of staff and the absence of a proper database system
          may severely limit her possibilities for proper follow-up of cases brought to
          her attention. The Special Rapporteur also wishes to stress that she will
          only be successful in carrying out her mandate if Governments show willingness
          to cooperate and support her work in a spirit of openness and good faith. She
          further believes that her mandate can only be useful as a human rights
          mechanism if it manages to let the voices of the victims and their families be
          heard, and convince Governments of their responsibility to take joint action
          in order to bring these abuses to an end.
          Recommendations
          1. Capital punishment
          81. The Special Rapporteur strongly recommends that States that have not
          ratified the International Covenant on Civil and Political Rights and, in
          particular, its Second Optional Protocol, should do so. All States should
          bring domestic legislation regarding the use of capital punishment in line
          with international standards. States that enforce their capital punishment
          legislation should observe all fair trial standards contained in the relevant
          international legal instruments, in particular the International Covenant on
          Civil and Political Rights.
          82. Governments of countries in which the death penalty is still enforced
          are urged to deploy every effort to restrict its use, and to take measures
          aiming at the complete abolishment of capital punishment both in law and
          practice. As one of these measures, Governments should establish a moratorium
          on the execution of death sentences, in accordance with Commission on Human
          Rights resolution 1998/8. Pending the imposition of such a moratorium,
          Governments that continue to enforce death penalties are urged to take
          immediate steps to bring their domestic legislation and legal practice into
          line with international standards prohibiting the imposition of death
          sentences in regard to minors and mentally ill or handicapped persons.
          Governments are further called upon to review their existing legislation and
          legal practice with the aim of limiting the use of the death penalty to
          exclude crimes that cannot be considered ‘ most serious”, as provided in
          article 6 of the International Covenant on Civil and Political Rights.
          Death sentences should under no circumstances be mandatory.
        
          
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          83. Governments of countries which still retain laws providing for the death
          penalty, but which exercise a de facto moratorium on the passing of death
          sentences or the implementation of such sentences, are called upon to take the
          necessary steps to remove capital punishment from their legislation,
          particularly where it applies to children.
          2. Death threats
          84. Governments are under an obligation to ensure the protection of the
          human rights of all persons under their jurisdiction. This includes the duty
          to investigate all instances of death threats or attempts against lives that
          are brought to their attention, regardless of the race, ethnicity, religious
          belief, political persuasion or other distinction of the potential victim.
          Governments must also take effective preventive measures to ensure full
          protection of those who are particularly exposed and vulnerable to
          extrajudicial, summary or arbitrary execution. Governments should also
          consistently and in the strongest possible terms publicly denounce death
          threats, and adopt and publicly support policies aimed at promoting a climate
          of tolerance.
          3. Deaths in custody
          85. The Special Rapporteur is deeply concerned over continuing reports of
          deaths in custody. She wishes to emphasize the need for all States to review
          legislation and practices regarding arrest and conditions of detention in
          order to bring them into line with the Standard Minimum Rules for the
          Treatment of Prisoners and other pertinent international instruments.
          Governments should also take immediate steps to ensure that international
          norms and principles prohibiting any form of cruel, inhuman or degrading
          treatment are strictly applied in all places of detention.
          86. The Special Rapporteur notes that most cases of custodial death occur
          in the period between a person's arrests and his or her arraignment. She
          therefore calls on Governments to deploy efforts to minimize the time of
          pre-trial detention prescribed by law, and to ensure that standards pertaining
          to the treatment of persons in pre-trial custody are observed. Prison guards
          and law enforcement personnel should receive training on the observance of the
          aforementioned norms in performing their duties. All deaths in custody should
          be promptly investigated by a body that is independent from the police or
          prison authorities. State authorities should guarantee the right of persons
          in detention to receive visits by their lawyers and family, and to have access
          to adequate medical care. When applicable, Governments should also continue
          and strengthen their cooperation with the International Committee of the
          Red Cross and allow free and unimpeded access of its delegates to places of
          detention. In addition, she requests the Commission on Human Rights to call
          for the rapid adoption of an optional protocol to the Convention against
          Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment with
          a view to establishing a system of periodic visits to places of detention.
          4. Excessive use of force by law enforcement officials
          87. The Special Rapporteur calls on all Governments to ensure that their
          police and security personnel receive thorough human rights training, in
        
          
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          particular with regard to restrictions on the use of force and firearms in the
          discharge of their duties. Such training should also include the teaching of
          methods of crowd control without resorting to lethal force. States are under
          an obligation to ensure that all cases of excessive use of force by State
          agents are thoroughly investigated, and that the persons responsible for such
          abuses are brought to justice.
          S. Violations of the right to life during armed conflict
          88. States that have not yet ratified the four Geneva Conventions of 1949
          and their two Additional Protocols are strongly encouraged to do so.
          Governments should ensure that members of their military and security forces
          receive adequate training in the human rights and humanitarian law standards
          applicable to situations of armed conflict and internal strife. Officers and
          other persons in positions of command should maintain strict discipline in
          their respective units, and take prompt action to prevent human rights abuses
          by their subordinates. Violations of humanitarian and human rights law
          standards by members of the armed forces should be promptly and consistently
          sanctioned.
          89. Governments of countries engaged in action against armed opposition
          groups should take the necessary steps to ensure that counter-insurgency
          operations are conducted in strict compliance with international human
          rights standards, and that government forces do not resort to excessive or
          indiscriminate use of force. Non-State actors engaged in armed conflict
          should undertake to respect basic humanitarian principles, particularly those
          defined in common article 3 of the Geneva Conventions. Members of such forces
          should be held legally accountable for their acts. Governments that control
          armed groups operating outside their own territory should take full
          responsibility for human rights violations, including extrajudicial, summary
          or arbitrary executions, committed by these forces.
          6. Imminent expulsion of persons to countries where
          their lives are in danger
          90. The Special Rapporteur calls upon Governments that have not yet ratified
          the Convention and the Protocol relating to the Status of Refugees to do so.
          All Governments should at all times refrain from expelling a person in
          circumstances where respect for his or her right to life is not fully
          guaranteed. Refoulement of refugees or of internally displaced persons
          to countries or areas where respect for their right to life is not fully
          guaranteed, as well as the closure of borders preventing the escape of persons
          trying to flee a country, should at all times be prohibited. Whenever a
          country is faced with a massive influx of refugees the international community
          should provide necessary assistance to enable the host country to receive
          these persons in safety and dignity.
          7. Genocide
          91. Governments are encouraged to ratify the Convention on the Prevention
          and Punishment of the Crime of Genocide. The Special Rapporteur calls on
          States to pay due attention to the stipulations in the Convention concerning
          the prevention of genocide. Concerned States, assisted by the international
        
          
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          community, should take all necessary measures to prevent acts of communal
          violence or inter-ethnic conflict from degenerating into large-scale killings
          that may reach the dimension of genocide. States in which acts of communal
          violence occur should do their utmost to curb such conflicts at an early
          stage, and to work towards reconciliation and peaceful coexistence of all
          segments of the population, regardless of ethnic origin, religion, language or
          any other distinction. If required, the international community should assist
          these countries in preventing and defusing such conflicts. Governments should
          at all times refrain from spreading or condoning any propaganda or incitement
          to hatred and intolerance that might foment acts of communal violence.
          Persons responsible for such acts should be brought to justice.
          92. The Special Rapporteur encourages the States parties to the Convention
          on the Prevention and Punishment of the Crime of Genocide to consider ways of
          establishing a monitoring mechanism to supervise the implementation of the
          Convention. She urges the international community and all concerned States
          to cooperate fully with the International Criminal Tribunal for the Former
          Yugoslavia and the International Tribunal for Rwanda, particularly by
          arresting and handing over suspects, so as to bring to justice as soon as
          possible those accused of the crime of genocide. She also welcomes the
          adoption of the Statute of the International Criminal Court, and notes with
          appreciation that the Court will have jurisdiction over the crime of genocide.
          She is hopeful that the Court will be active in combating impunity for persons
          responsible for acts of genocide, and thereby contribute to the eradication of
          this horrendous crime.
          8. Acts of omission
          93. The Special Rapporteur urges Governments to adopt the necessary
          preventive and protective measures to ensure full enjoyment and protection of
          the right to life of all persons under their jurisdiction. Such measures may
          include requests for international assistance, should the Governments
          concerned feel unable to fulfil this obligation themselves. Governments are
          obliged to fight impunity for all crimes and to bring to justice persons
          committing murder in the context of mob violence or in the name of so-called
          popular justice. Governments should at no time allow acts of incitement to
          revenge that might lead to violations of the right to life. Governments
          should under no circumstances harbour and support groups or persons engaged
          in acts of terrorism. State officials who fail to take appropriate action to
          prevent violations of the right to life should be prosecuted.
          9. Impunity
          94. States are obliged to conduct exhaustive and impartial investigations
          into allegations of violations of the right to life, in all its
          manifestations, and to identify and prosecute those responsible. In addition
          to combating impunity by addressing past or ongoing abuses, States should take
          positive measures aimed at preventing the recurrence of such violations.
          95. In this regard, the Special Rapporteur believes that the following
          measures should be introduced: (a) Governments that have not done so should
          establish strict procedures, such as habeas corpus, aimed at ensuring the
          integrity of persons under any form of detention; (b) State authorities should
        
          
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          ensure that strict discipline and a clear chain of command is maintained
          within the police and armed forces. All paramilitary or security forces
          not directly and strictly under government control should be immediately
          disbanded; (c) Governments should consider the establishment of independent
          human rights redress mechanisms, such as the Ombudsman institution, with the
          authority to take action on behalf of victims of human rights abuses. Such
          mechanisms would also serve to increase the transparency of State institutions
          and the accountability of public officials; (d) Governments should take
          effective action to strengthen the integrity, status and resources of the
          judiciary; (e) in accordance with principle 19 of the Principles on the
          Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary
          Executions, blanket amnesty laws prohibiting the prosecution of alleged
          perpetrators and violating the rights of victims should not be endorsed;
          (f) no person, regardless of his or her present or past status, function and
          position, should be immune from prosecution for gross human rights violations,
          including extrajudicial, summary or arbitrary executions. The Special
          Rapporteur further believes that a free and independent press can contribute
          to curbing impunity by giving publicity to human rights abuses and
          scrutinizing the work of the State authorities.
          96. The Special Rapporteur welcomes the adoption of the Statute of the
          International Criminal Court and believes that the Court will provide an
          important complement to national legal systems that are unable or unwilling to
          combat impunity by exercising their own jurisdiction. In this context, the
          Special Rapporteur strongly recommends that States expedite the establishment
          of the International Criminal Court by securing the necessary ratifications of
          the Statute adopted by the United Nations Diplomatic Conference in July 1998.
          10. Child soldiers
          97. The Special Rapporteur deeply regrets the continuing practice of
          engaging children under the age of 18 in armed conflict. She strongly
          supports the adoption of an optional protocol to the Convention on the Rights
          of the Child aimed at prohibiting the recruitment of children under 18 years
          of age into the armed forces and armed groups and their participation in armed
          conflict. She further urges States to take immediate unilateral action to
          raise the age of enlistment to 18 years.
        

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