Aadel Collection
Report of the Special Rapporteur, Ms. Asma Jahanhir, submitted pursuant to Commission resolution 1999/35
UNITED
NATIONS
Economic and Social
Council
COMMISSION ON HUMAN RIGHTS
Fiifiy-sixth session
Item 11(b) of the provisional agenda
Distr.
GENERAL
E/CN.4/2000/3/Add. 1
2 February 2000
ENGLISH
Original: ENGLISHIFRENCH
CIVIL AND POLITICAL RIGHTS, INCLUDING QUESTIONS OF: DISAPPEARANCES
AND SUMMARY EXECUTIONS
Report of the Special Rapporteur , Ms. Asma Jahanhir, submitted pursuant to
Commission resolution 1999/3 5
Addendum
Summary of cases transmitted to Governments and replies received
E
GE.00-10465 (E)
E/CN.4/2000/3/Add. 1
page 2
CONTENTS
Paragraphs Page
Introduction 1 - 2 5
Summary of cases transmitted and replies received 3 - 497 5
A. COUNTRIES 3 - 497 5
Afghanistan 3 - 7 5
Albania 8-10 6
Algeria 11-22 6
Angola 23-33 8
Argentina 34- 37 9
Austria 38-39 9
Azerbaijan 40-41 10
Bahamas 42 - 45 10
Bangladesh 46 - 47 11
Bolivia 48-50 11
Bosnia and Herzegovina 51 - 53 12
Botswana 54- 57 12
Brazil 58- 70 13
Bulgaria 71-76 15
Burkina Faso 77- 78 16
Burundi 79 - 86 16
Cameroon 87-94 18
Chile 95 - 106 18
China 107-121 21
Colombia 122- 162 23
Cuba 163 32
E/CN. 4/2000/3/Add. 1
page 3
CONTENTS (continued)
Paragraphs Page
Democratic Republic of the Congo 164- 193 33
Dominican Republic 194 - 195 36
Ecuador 196 - 199 36
El Salvador 200 - 201 37
Germany 202 - 204 37
Guatemala 205 - 211 38
Guinea-Bissau 212-213 39
Haiti 214-217 40
Honduras 218-224 40
India 225-241 41
I ndonesia 242 - 275 44
Iran (Islamic Republic of) 276 - 282 48
Iraq 283 - 285 49
Israel 286 - 290 50
Jamaica 291 - 295 50
Japan 296 52
Kuwait 297 52
Malaysia 298- 300 52
Mexico 301 - 319 53
Myanmar 320-334 58
Nepal 335 - 339 60
Nicaragua 340-341 61
Pakistan 342-366 61
Peru 367 - 369 64
Philippines 370 - 381 65
Republic of Korea 382 68
Russian Federation 383 -387 68
E/CN.4/2000/3/Add. 1
page 4
CONTENTS (continued)
Paragraphs Page
Rwanda 388 - 389 69
Saudi Arabia 390 - 394 69
Senegal 395 - 397 70
Sierra Leone 398 - 399 71
South Africa 400-401 71
Sri Lanka 402-414 71
Sudan 415-420 73
Tajikistan 421 - 422 74
OEailand 423 - 425 75
Trinidad and Tobago 426 - 430 75
Tunisia 431-434 77
Turkey 435-456 77
Uganda 457-459 82
United States of America 460 - 482 83
United Kingdom of Great Britain and Northern Ireland 483 87
Uzbekistan 484 - 485 87
Venezuela 486 - 488 87
Yemen 489-491 88
Yugoslavia 492 - 496 89
Zambia 497 90
B. OTHER 498- 501 90
Palestinian Authority 498 - 501 90
E/CN. 4/2000/3/Add. 1
page 5
Introduction
1. OEis addendum to the report of the Special Rapporteur on extrajudicial, summary, or
arbitrary executions describes 69 country situations and gives an account of actions undertaken
by the Special Rapporteur between 3 November 1998 and 13 December 1999. It also contains in
summary form the replies received from Governments to her communications, as well as
observations of the Special Rapporteur where considered appropriate.
2. Owing to restrictions on the length of documents, the Special Rapporteur has been
obliged to reduce considerably details of communications sent and received. As a result,
requests from Governments to publish their replies in their totality could not be acceded to. For
the same reason, responses from sources to requests of the Special Rapporteur, although of great
importance to her work, are reflected only very briefly in the report.
SUMMARY OF CASES TRANSMITTED AND REPLIES RECEIVED
A. COUNTRIES
Afghanistan
3. OEe Special Rapporteur has continued receiving communications concerning trials
resulting in death sentences which fall short of the minimum safeguards under international
standards. The Special Rapporteur has also been informed that over a dozen detainees have been
killed while in the custody of or aifier being arrested by Taliban Offcials.
4. For an in-depth analysis of the human rights situation in Afghanistan, the Special
Rapporteur refers to the reports submitted by the Special Rapporteur on the situation of human
rights in Afghanistan to the Commission on Human Rights.
Communications sent
5. During the period under review the Special Rapporteur received several allegations of
violations of the right to life in Afghanistan. OEe Special Rapporteur transmitted the following
allegations to the Taliban Council: regarding the murder of Dagarwal Agha Mohammad who
was allegedly taken away from his home and later found dead hanging from a tree in Mokur,
Ghazni Province; the murder of General Solhman, who was reportedly taken away from his
house by Taliban Guards and whose body was found 20 days later by a shepherd in Arghandab;
the murder of Mohammad Khab Tudai, staL member of Afghan Aryana Airlines, who was
reportedly arrested by Taliban oLicials in Kabul and whose body was found some days later.
Communications received
6. OEe Special Rapporteur regrets that at the time of the ffinalization of this report the
Taliban Council had not transmitted any reply to her communications.
E/CN.4/2000/3/Add. 1
page 6
Observations
7. OEe Special Rapporteur is concerned at continuing reports regarding deaths in custody in
Afghanistan. OEe extensive use of the death penalty in that country is also a cause for deep
concern.
Albania
8. During the period under review the Special Rapporteur received one allegation of
violations of the right to life in Albania.
Communications sent
9. OEe Special Rapporteur transmitted an allegation to the Government of Albania regarding
the murder of Agron Pasha who was allegedly taken away from hospital by the police and
subsequently killed by them in a village outside Fier.
Communications received
10. OEe Special Rapporteur regrets that at the time of the ffinalization of this report the
Government had not transmitted any reply to her communication.
Algeria
11. OEe Special Rapporteur notes the complex situation of violence and counter-violence in
Algeria, which has further deteriorated with the clampdown on information and investigations.
International human rights organizations and foreign media have oifien been refused entry to the
country. Human rights workers and journalists who have been allowed into the country have
been subject to surveillance and restrictions. OEose who have continued to work in the country
have faced death threats and killings. All of these actions have contributed to building a wall of
silence around the human rights crisis in Algeria.
12. OEe Special Rapporteur regrets the lack of information and urges the Government to
adopt a policy of transparency so that the international community is in a position to get a clear
picture of the human rights violations and can cooperate with the Government to overcome such
violations.
Communications received
13. On 25 January 1999, the Government of Algeria replied to the allegations transmitted by
the Special Rapporteur. With respect to the communication of 8 October 1998, the Algerian
State regretted that its eLorts to protect and promote human rights had gone unnoticed.
Moreover, the allegations contained in the communication had been contradicted by press
agencies which had visited the sites, collected testimony and met with survivors. The latter had
unanimously identiffied the perpetrators of the massacres and at no time indicated any failure to
act on the part of the security forces. The Government added that no on-the-spot inquiry or
E/CN. 4/2000/3/Add. 1
page 7
investigation had been conducted. Furthermore, as soon as the security forces had been
informed of the presence of a criminal group in a particular place, they had gone there
immediately.
14. OEe Government said that massacres took place at night in areas of identical geographical
features, where the perpetrators lived and knew the inhabitants very well and where the
terrorists would plant home-made explosive devices to cover their getaway.
15. OEe Government reassured the Special Rapporteur that the Algerian judicial system was
dealing with those cases and was doing everything possible to identify, prosecute and punish the
perpetrators.
16. OEe Ben Talha case. On the night of 22 September 1997, a terrorist group attacked two
outlying districts in Ben Talha, killing 277 people. On 12 November 1997, ajudicial inquiry
opened and four people were arrested and imprisoned. On 7 December 1997 an additional
investigation was instituted into three indicted fugitives and on 1 December 1998 the indictment
division referred the case to the criminal court.
17. OEe Hais Rais/Sidi Moussa case. During the night of 29 August 1997 a terrorist group
attacked the farming village of Hais Rais located on the outskirts of the commune of
Sidi Moussa, killing 238 people. A judicial inquiry was opened by the LarbAa court and the four
perpetrators of the massacre identified. Search warrants were issued by the examining
magistrate on 30 May 1998.
18. OEe Sidi Youcef/Beni Messous case. During the night of 4/5 September 1997, the
commune of Sidi Youcef was attacked by terrorists. Fiifiy people died, most of them from knife
wounds, and three young girls were abducted. A judicial inquiry was opened, and on
7 July 1998 an anti-terrorist raid was carried out on the hideout of the eight culprits. The legal
proceedings continue.
19. OEe Ami Moussa case. During the night of 30/31 December 1997, a terrorist group
attacked a hamlet in Ami Moussa, killing 272 people. On 31 December 1997, ajudicial inquiry
was opened and on 8 February 1998 the examining magistrate ordered that further investigations
be carried out. OEe legal proceedings continue.
20. OEe Algerian Government also pointed out that the debates in the National Assembly and
the Council of the Nation were broadcast live on television, allowing citizens to monitor their
deputies and the Government. Moreover, Algeria had its own resources for elucidating the
murders.
21. OEe State had set up an emergency programme for the populations aLected by such
savage acts which included, inter alia , tightened security around the sites of the massacres, the
rehousing of families and the provision of counselling services and psychotherapy for the
survivors.
E/CN.4/2000/3/Add. 1
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Observations
22. OEe Special Rapporteur recalls that she has indicated her interest in visiting Algeria and
hopes that the Government will give positive consideration to this request.
Angola
23. OEe Special Rapporteur transmitted nine communications to the Government of Angola
concerning the violation of the right to life of the following persons.
Communications sent
24. Luis Nguba and Casimiro Dunge allegedly came across government soldiers on their way
back to Lico, Cacongo district, aifier a hunting and fishing expedition. OEe soldiers reportedly
mistook them for supporters of the Frente para a Liberta Ao do Enclave de Cabinda (FLEC),
arrested them, beat them, stabbed them with bayonets and then shot them dead.
25. It is alleged that Jorge Bibita Ndembe was deliberately killed by government soldiers
reportedly raiding Chimvula village aifier a clash between government troops and one of the
FLEC factions. Jorge Bitiba Ndembe was said to have been shot in the stomach and then
stabbed.
26. According to reports, 21 members of the Evangelist Church were killed in the village of
Caio-Cuntena on 8 January 1998, allegedly by members of the military. OEe soldiers reportedly
ffirst beat deacon Jos& Adriano Bitiba then shot and killed him, together with 20 members of the
congregation.
27. A local government off cial allegedly threatened Ant6nio Casimiro on 18 October 1996,
when he arrived late to a ceremony in Massabi. Mr. Casimiro was reportedly murdered on
30 October 1996 by four men, three of them in police uniform, who broke into his house and,
ignoring his pleas and those of his neighbours, shot him in the stomach.
28. It was reported that Bernardo Kebeki was in the street near his home in Zangoyo when
two men came up and spoke to him. A third man then approached and shot him. Reportedly
witnesses were able to identify this man as a security offcial. The off cial was arrested, but
released aifier about 20 days.
29. It was reported that on 21 December 1997, dozens of people were returning from the
market in Cabinda city in an open lorry which operated as a bus. At Tchiobo, an army offficer,
who was armed with a machine gun, stopped the truck, wanting to hitch a ride. The driver
refused and as the truck moved on the oLicer allegedly opened ffire on the passengers, killing
seven people and wounding 11 others.
30. A catering worker, Ant6nio Mavungo, reportedly died aifier being beaten over the head
by a police offcer in Cacongo. Mr. Mavungo had allegedly stopped to pick up a water container
when the offcer hit him on the back of the head with a riflebutt. The off cer and a colleague
subsequently fled in a stolen car.
E/CN. 4/2000/3/Add. 1
page 9
31. It has been reported that at least three young men, among them Clementino Cardoso,
were allegedly killed in a police operation. Family members of two of the dead reportedly told
journalists that they had witnessed the killings. OEe relatives of Mr. Cardoso said that aifier his
arrest they heard shots and a cry. When running to his assistance, they found his dead body.
32. According to the information received by the Special Rapporteur, Mr. Boaventura was
among over 40 UNITA offficials and supporters reportedly arrested in mid-1998 and allegedly
held without charge or trial in Saurimo district police station until September. It has been
reported that Mr. Boaventura died while in police custody.
Communications received
33. OEe Special Rapporteur regrets that at the time of the ffinalization of this report the
Government had not transmitted any reply to her communications.
Argentina
34. OEe Special Rapporteur transmitted two urgent appeals to the Government of Argentina
concerning the safety of the following persons.
Urgent appeals
35. OEe Special Rapporteur transmitted an urgent appeal to the Government concerning
Jos& Luis Ojeda who was reportedly shot and wounded at his house in Buenos Aires on 6 April.
OEe Special Rapporteur was informed that a police patrol from the 34th police station had
reportedly been close to the place where Mr. Ojeda was shot but allegedly did not intervene.
Mr. Ojeda had reportedly been subjected to several attacks aifier having publically denounced an
incident three years earlier in which he had been beaten and tortured by the federal police while
in detention at the 34th police station.
36. In May the Special Rapporteur transmitted an urgent appeal concerning death threats
received by a member of the Asociaci6n Abuelas de Plaza de Mayo and two of the Association's
lawyers.
Communications received
37. On 13 July 1999, the Government of Argentina informed the Special Rapporteur that it
had informed the Human Rights Federal Council of the death threats allegedly received by Sonia
Tones de Parodi, a member of the Asociaci6n Abuelas de Plaza de Mayo, and by
Maria Teresa S tnchez and Elvio Zanotti, lawyers for the Association.
Austria
Communications sent
38. OEe Special Rapporteur transmitted one allegation to the Government of Austria on
behalf of Marcus Omufa, a Nigerian citizen who died in police custody on 1 May 1999.
E/CN.4/2000/3/Add. 1
page 10
Mr. Omufa reportedly submitted an asylum request to the Austrian authorities in
September 1998. According to information received, his request was denied on
7 December 1998, thereby allowing for his expulsion from Austria to Nigeria. It was reported
that on 1 May 1999, three members of the Austrian police accompanied Marcus Omofuma on
board a flight from Vienna to Sofia in order to carry out the expulsion order. Mr. OmofumaEls
hands and feet were allegedly tied and his mouth sealed with adhesive tape. It was reported that
the members of the police leifi Mr. Omofuma tied to his seat and gagged until shortly before the
arrival of the airplane at Soffia Airport. A doctor recorded Marcus Omofuma [ ]s death at 20.18.
Communications received
39. OEe Government of Austria acknowledged receipt of the communication concerning
Marcus Omofuma indicating that a reply would be forthcoming.
Azerbaij an
Communications sent
40. OEe Special Rapporteur was informed that on 19 January 1999, Bahram Sadoqov, a
displaced person from the Lachin region, died in his cell at the police administration of Sumqavit
city, allegedly as a result of severe beatings by the police. Mr. Sadoqov had reportedly been
arrested a week before his death together with ffive other suspects on charges of stealing sheep.
Communications received
41. OEe Special Rapporteur regrets that at the time of the ffinalization of this report the
Government had not replied to her communication.
Bahamas
Urgent appeals
42. During the period under review, the Special Rapporteur transmitted an urgent appeal to
the Government concerning the death sentences of the following persons.
43. On 6 August 1999, the Special Rapporteur transmitted an urgent appeal on behalf of
John Higgs and David Mitchel who were facing imminent execution. John Higgs was reported
to be convicted in August 1996 and David Mitchel in November 1994. Both were scheduled to
be executed despite the fact that the Inter-American Commission on Human Rights was
considering a petition submitted by the two defendants.
Communications received
44. OEe Special Rapporteur regrets that at the time of the ffinalization of this report, the
Government had not replied to her communication.
E/CN. 4/2000/3/Add. 1
page 11
Observations
45. OEe Special Rapporteur is concerned at the fact that despite the international trend
towards abolition of the death penalty, in the Bahamas the death penalty is mandatory for all
persons convicted of murder, and no extenuating circumstances are taken into account. OEe
Special Rapporteur deeply regrets that David Mitchell was hanged as scheduled, despite appeals
from a wide variety of sources, including the victim's son. It should be noted that Mr. Mitchell
had a petition pending before the Inter-American Commission on Human Rights, alleging that
his rights under the American Convention on Human Rights had been violated. OEe Special
Rapporteur also regrets that John Higgs, whose execution was scheduled for the ffirst week of
January, succeeded in taking his own life on 4 January 2000 by slitting his wrists. The Special
Rapporteur urges the Government of the Bahamas to respect its obligations under international
law and to impose an immediate moratorium on executions, with a view to abolishing the death
penalty permanently.
Bangladesh
Communications sent
46. OEe Special Rapporteur was informed that on 14 May 1999, Bedi Begum, an 18-year-old
woman, was flogged to death in Batsail allegedly for having premarital sex and inducing an
abortion. It has been reported that the cleric who presided over the village council that sentenced
Ms. Begum ordered her to be flogged by three men. According to the information received,
Bedi Begum induced abortion with herbal medicines.
Communications received
47. OEe Special Rapporteur regrets that the Government has not replied to her
communication.
Bolivia
48. OEe Special Rapporteur transmitted one urgent appeal to the Government of Bolivia
during the period under review.
Urgent appeals
49. OEe Special Rapporteur transmitted an urgent appeal to the Government aifier having
been informed of death threats received by Waldo Albarracin and his family. OEe Special
Rapporteur had intervened earlier on behalf of Mr. Albarracin, a prominent human rights
defender and President of the Asamblea Permanente de Derechos Humanos de Bolivia, (Bolivian
Permanent Human Rights Assembly), aifier he had allegedly been abducted and tortured by
police offcers in January 1997. It was reported that Mr. Albarracin and his family received
death threats on 24 September, the day the police offficers charged with torturing him were due to
appear at a hearing at the criminal court.
E/CN.4/2000/3/Add. 1
page 12
Communications received
50. OEe Special Rapporteur regrets that the Government has so far not replied to her
communication.
Bosnia and Herzegovina
51. OEe Special Rapporteur transmitted, jointly with the Special Rapporteur on the right to
freedom of opinion and expression, an urgent appeal on behalf of the following person on
25 October 1999
Urgent appeals
52. OEe Special Rapporteurs were informed on 22 October that Zeljko Kopanja, editor in
chief of the Bosnian Serb independent newspaper Nezavisme Novine , lost both his legs and
suLered serious injuries to his abdomen in an assassination attempt. According to the
information received the assassination attempt was linked to articles Mr. Kopanja had published
concerning war crimes committed by Serbs against Muslims. In the articles he had also
questioned the authoritiesEl eLorts to apprehend suspected war criminals.
Communications received
53. OEe Special Rapporteur regrets that at the time of the ffinalization of this report the
Government had not replied to her communication.
B ot s w an a
Urgent appeals
54. OEe Special Rapporteur transmitted one urgent appeal to the Government of Botswana
concerning two cases of capital punishment.
55. On 21 January 1999 an urgent appeal was sent to the Government of Botswana
concerning Tihabologang Mauwe and Gwara Brown Mtswetla, who were reported to be facing
execution aifier appeals for the commutation of their death sentences had been turned down. OEe
Special Rapporteur received allegations suggesting that the two defendants may have been
convicted solely or mainly on the basis of circumstantial evidence.
56. OEe Special Rapporteur was informed that the ffirst executions in Botswana for many
years were carried out in August 1995 when ffive prisoners were hanged. One prisoner was
reportedly executed in 1997.
Communications received
57. OEe Special Rapporteur regrets that at the time of the ffinalization of this report, the
Government had not transmitted any reply to her communication.
E/CN. 4/2000/3/Add. 1
page 13
Brazil
58. OEe Special Rapporteur transmitted four urgent appeals and three allegations of
violations of the right to life during the period under consideration.
Urgent appeals
59. On 22 February 1999, the Special Rapporteur addressed an urgent appeal to the
Government of Brazil concerning the safety of Macuxi indigenous communities in the
Raposa/Serra do Sol area of Roraima state. It was alleged that on 7 February 1999, a group of
some 10 farmers entered the indigenous community of Willimon. The men reportedly accused
Paolo Jos& de Souza, member of the Macuxi community, of having stolen some cattle. One of
the farmers allegedly shot twice at Mr. de Souza, wounding him in the chest. OEe incident
reportedly occurred while indigenous leaders where gathered for the annual meeting of the
Roraima Indigenous Council. On 10 February 1999, some 40 of the leaders went to Willimon to
inquire into the shooting. On their way back, the group was reportedly stopped by armed police
and civilians in the town of Uiramuta. While the police were searching their car, a farmhand
allegedly stabbed and wounded Egon Heck, a missionary working with the Indigenous
Missionary Council. It is further alleged that following the 12 December 1998 decree by the
Ministry of Justice authorizing the demarcation of the Raposa/Serra do Sol indigenous area, local
authorities incited the non-indigenous population to violence against the Macuxi in protest
against the demarcation. It is alleged that the police have on several occasions failed to intervene
to prevent such violent acts. In view of these allegations, the Special Rapporteur urged the
Government to take all necessary steps to ensure the safety of members of the Macuxi
indigenous community.
60. On 12 April the Special Rapporteur transmitted an urgent appeal regarding death threats
allegedly received by Roberto Monte and JoAo Marques, human rights defenders working for the
Centro de Direites Humanos e Memoria Popular in Rio Grande do Norte state. Both human
rights defenders were reported to be witnesses in the offcial investigations into the murder of
human rights lawyer Francisco Gilson Nogeira in 1996.
61. On 30 August 1999, the Special Rapporteur addressed an urgent appeal jointly with the
Special Rapporteur on the independence of judges and lawyers to the Government concerning
the safety of Valdecir Nicasio Lima, a lawyer working on human rights issues in Acre state. He
had allegedly received death threats because of a report he had issued on the criminal activities
of a federal congressman from Acre who had reportedly been linked to a death squad operating
in the state. It was reported that in the beginning of August 1999, he had spoken about the
investigation in an interview on a national TV show. According to the information received, the
evening the show was broadcast four armed men went to the house of one his friends and said
that they were going to kill Mr. Lima. Furthermore, according to the source, Valdecir
Nicasio Lima had been told by the police, that his safety could not be guaranteed in the state.
62. On 16 November the Special Rapporteur transmitted an urgent appeal jointly with the
Special Rapporteur on the independence of judges and lawyers to the Government concerning
human rights lawyer Joilce Gomes Santana from Natal, state capital of Rio Grande do Norte.
E/CN.4/2000/3/Add. 1
page 14
According to the information received Mr. Santana, who represented victims in cases of alleged
police brutality, had been receiving death threats since March 1999 and that the authorities had
provided no security measures.
Communications sent
63. OEe Special Rapporteur was informed that on 25 January 1990 10 members of the
military police allegedly entered the Liberdade neighbourhood in Bahia to look for members of a
gang named Baby on Board”, all of them minors. OEe police reportedly mistook Luis Claudio
de Almeida, aged 16, and Jeova da Silva, aged 16, for members of the gang and allegedly
tortured them to death. According to the source, the members of the military police allegedly
involved in the crime remain unpunished.
64. OEe Special Rapporteur was informed that Pereira dos Santos, OEiago Passos Ferreira and
Paulo Roberto da Silva were allegedly arrested by military police on 17 February 1999. It is
reported that their bodies were found in an advanced state of decomposition on 4 March 1999 in
an area of wasteland in Praia Grande. On the morning of 17 February, local residents allegedly
saw a police vehicle matching the description of the car in which the three were taken away
parked next to the patch of wasteland. Two security guards working at a local shopping centre
reportedly testiffied that they had seen police offficers getting out of the car with the victims and
taking them in the direction of the wasteland. OEey had allegedly returned alone about an hour
later.
65. OEe Special Rapporteur was informed on 18 February 1999 that Jos& Lisley HorIIncio
Viera had allegedly been picked up, together with his brother, M5rcio Luiz HorIIncio Vieira, by
a passing military police patrol on the night of 30 January. OEey were apparently taken to waste
ground on the outskirts of Fortaleza, where. the police took their credit cards, destroyed their
identiffication documents and beat them severely. Aifierwards, the police reportedly ordered them
to run but Jos& Lisley was too badly injured to move. He was reportedly found the following day
in another area of Fortaleza and taken to hospital where he died of his injuries later the same day.
Communications received
66. On 10 May the Special Rapporteur received a communication from the Government of
Brazil concerning the cases of lawyers Roberto Monte and JoAo Marques, stating that the
Government had transmitted the Special RapporteurEls urgent appeal to the competent authorities
for additional information, which would be submitted to the Special rapporteur when available.
67. On 25 November the Government of Brazil transmitted a communication in response to
the joint urgent appeal sent with the Special Rapporteur on the independence ofjudges and
lawyers concerning the cases of Valdecir Nicasio Lima and Joilce Gomes Santana, stating that
the case had been sent to the competent authorities. On the same date the Government also
informed the Special Rapporteur that the competent authorities had been alerted to the cases of
Luis Claudio de Almeida, Jeova da Silva, Jos& Lisley Hort nsio Vieira, Pereira dos Santos,
OEiago Passos Ferreira and Paulo Roberto da Silva. OEe Government further stated that it was
closely following the developments of the aforementioned cases and would submit to the Special
Rapporteur information which could clarify the matter.
E/CN. 4/2000/3/Add. 1
page 15
68. On 8 and 13 December the Government transmitted to the Special Rapporteur the
following information concerning the cases of Egon Heck, missionary working with the
Indigenous Missionary Council and Paulo Jos& de Souza,a member of the Macuxi indigenous
community. OEe Attorney-General reported that in the case of the aggression against
Mr. de Souza, the Federal Public Prosecution Service had indicted two landowners on
5 July 1999 for attempted murder and witnesses were being heard in the case. OEe case of
Egon Heck was being investigated by the Federal Police Offce in Roraima state.
69. On 13 December, the Government of Brazil transmitted to the Special Rapporteur
information concerning the cases of Francisco de Assis Araujo, Onalicio Araujo Barros and
Valentin Serra. According to the Attorney-GeneralEls Off cc, the murder of Xucuru indigenous
leader Francisco de Asis Araujo occurred in the city of Pesqueira, Pernambuco state, on
20 May 1998. OEe Federal Police in that state immediately initiated investigations with the
assistance of offcials of the Federal Public Prosecution Service. OEe Government reiterated to
the Special Rapporteur its commitment to clarify the matter and to apply the law and guaranteed
due process for those responsible.
Observations
70. During the period under consideration, the Special Rapporteur was informed that at least
six persons were extrajudicially killed in Brazil, among them two minors. OEe Special
Rapporteur noted with concern that the killings have been attributed to the police or the army.
Bulgaria
71. OEe Special Rapporteur transmitted to the Government of Bulgaria four allegations of
excessive use of force resulting in the death of the following persons.
Communications sent
72. Tsvetan Kovachev was allegedly shot by police off cers while they were attempting to
arrest another man who was wanted for murder. Mr. Kovachev was staying in the house where
the wanted man was hiding, and when the two men attempted to run away the police, who had
surrounded the house, reportedly ordered them to stop and ffired warning shots before opening
ffire on the two men. Tsvetan Kovachev was reportedly shot in the head, above the right temple,
from a distance of ffive or six metres and died in hospital later the same day.
73. OEe Special Rapporteur was informed that a senior offcer of the Ministry of the Interior
allegedly shot and killed Lyuben Dimitrov, who had reportedly attempted to drive away in an
unmarked police car parked outside a restaurant while the offcer was reportedly on off cial duty.
An autopsy reportedly established that the bullet had passed close to the heart and had ruptured a
lung.
74. A car driven by Lyuben Mladenov, in which Yusein Kombashev and Nicoleta Alma
Vlad, a Romanian national, were also travelling, was stopped at the Romanian border. The
border guards reportedly established that Mr. Mladenov was using his wife's passport to take the
Romanian woman across the border. Mr. Mladenov then refused to open the boot of the car for
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inspection, took back the passports and turned the car around. After reportedly ffiring warning
shots, the border guards shot at the car. OEe commanding offcer then pursued and apprehended
the car. When the boot of the car was opened he found Tone! Viad, a Romanian national, who
had been injured in the head by a bullet. He reportedly later died from loss of blood in
Dotse Delchev hospital.
75. It was reported that a prison guard shot dead Khristo Tanev while he was attempting to
escape. Mr. Tanev, together with two other prisoners, had placed a ladder made from the
window frame of their cell against the prison wall. When Mr. Tanev began to climb the ladder, a
guard who was in the nearby watchtower reportedly ordered them several times to return to the
courtyard. The guard then allegedly ffired several warning shots from his assault rifle, hitting
Mr. Tanev in the chest.
Communications received
76. OEe Special Rapporteur regrets that at the time of the ffinalization of this report the
Government had not replied to her communications.
Burkina Faso
Urgent appeals
77. On 15 January the Special Rapporteur sent an urgent appeal to the Government of
Burkina Faso concerning death threats received by the human rights organization Mouvement
burkinabe des droits de l'homme et des peuples (MBDHP). OEe Special Rapporteur was
informed that the death threats had become more frequent following a meeting of the National
Political Bureau of the Congr s pour la d&mocratie (CDP), at which CDP activists were called
upon to mobilize in order to defend that party's victory in the last presidential elections. It was
reported that aifier the meeting, Halidou Ou&dragou, President of MBDHP, and Tol& Sagnon,
Secretary-General of the Conf&d&ration g&n&rale du travail, received death threats. It was
reported that the President of the Yako branch of MBDHP had to seek refuge in the local police
station aifier having received death threats from the mayor of R&o.
Communications received
78. OEe Special Rapporteur regrets that at the time of the ffinalization of this report the
Government had not replied to her communications.
Burundi
79. OEe Special Rapporteur is concerned that the human rights situation in Burundi continues
to deteriorate. Many of the human rights abuses are directly associated with the armed conflict
in which all parties have carried out serious human rights abuses against the civilian population.
During 1999, hundreds of unarmed civilians were killed, allegedly by members of the
government armed forces and armed opposition groups. Many of the extrajudicial executions
reportedly carried out by government armed forces were in reprisal for military activities by
armed opposition groups.
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80. During the period under review the Special Rapporteur received an urgent appeal and
four allegations of violations of the right to life. She regretted that in most of the alleged cases,
members of the military were accused of having committed the crimes.
Urgent appeals
81. OEe Special Rapporteur sent an urgent appeal to the Government of Burundi in relation to
the information received that L&onidas Hatungimana, Djamali Nsabimana, Ismail Hussein,
Haruna Hamadi, Bosco Nyandwi, Sardi Nzanzurwimo and Pierre Nkurunziza were given death
sentences in February 1998 by the Court of Appeal of Bujumbura. OEey had been charged in a
case regarding a mine explosion in Bujumbura in 1997. They were reportedly tortured to make
them confess. Marks of ill-treatment were said to be clearly visible at the trial but this question
was never raised in court. Furthermore, Sardi Nzanzurwimo and Pierre Nkurunziza were
apparently tried in absentia . It is reported that all sentences were confirmed on 29 March 1999
by the Court of Cassation of the Supreme Court of Bujumbura and that the seven persons
mentioned above are currently detained in overcrowded disciplinary cells at the central prison of
Mpimba in Bujumbura. In the light of these allegations, fears have been expressed that their
lives and physical and mental integrity could be in danger.
Communications sent
82. OEe Special Rapporteur was informed that on 4 January 1998, Patrice Ngarama,
Jacques Nderagakura, Vincent Ndabatamije, Balthazar Ndiwenumuryango and
Fabien Nyakamwe were killed by soldiers following a military operation in the Kimina area.
83. It is reported that on 19 April 1998, Claude, an activist of the Front pour la d&mocratie au
Burundi (Front for Democracy in Burundi), was arrested by soldiers and his body found shortly
aifierwards.
84. OEe Special Rapporteur was informed that on 26 June 1998, Speciose Butore,
Didace Bukoru, Jean Ndabagamye, Karidou Mugabonthera and Anaclet Bambara were arrested
and locked up by local government offficials, accused of having collaborated with armed groups.
It was alleged that they were executed extrajudicially on 1 July 1998.
85. OEe Special Rapporteur was also informed that on 29 December, Ntakarurtimana and
Emmanuel Manirakiza were killed by members of the military in Mugere, Rudiza.
Communications received
86. OEe Special Rapporteur regrets that at the time of writing the Government had not
responded to her communications.
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page 18
Cameroon
Communications sent
87. OEe Special Rapporteur drew the Government's attention to allegations that had been
made concerning violations of the right to life of the following persons.
88. OEe Special Rapporteur was informed that, on 6 March 1998, Bobo Aim,
Mohamadou Baba and Raphai Ibraim Fofe were executed at the detention centre at Kouss&ri in
Logone Chari.
89. OEe Special Rapporteur received reports that in May 1998, Sali Mangarkana was arrested
by the security forces and executed on the Mindiffi road, Ka&l&.
90. On 19 June 1998, Bouba Adam, Sadjo Brinde, Maidoki, Amadou Petel, Adaba Wando
and Alhadji Souri were also reportedly arrested by the security forces and executed on the
Mindiffi road, Ka&l&.
91. OEe Special Rapporteur was informed that on 22 June 1998, Abakar, Djibril Kao,
Abba Issa Koursa, Moussa Koursa and Bechir Mey were arrested by the security forces and
executed in the villages of Zingu& and Zingangui.
Communications received
92. OEe Republic of Cameroon replied to the allegations transmitted by the Special
Rapporteur concerning persons who were taken in for questioning in connection with the events
of March 1997.
93. In March 1997, 60 people were arrested in Bamenda and other towns in the Nord-Ouest
province. These persons were questioned aifier the theifi of weapons and ammunition from the
army barracks, the killing of members of the security forces, cases of arson in public service
buildings and hostage-taking of public oLicials. Subsequent to the inquiry, the 60 persons were
taken to the central prison of Yaound& pending further investigation and judgement. Of
the 60, 2 died of illnesses while in prison, 13 were released and 45 are awaiting trial following
the investigation. OEe Government of the Republic of Cameroon said that the authorities had
ensured that those persons received proper health care and nutrition.
94. OEe Government aLirmed that the case was an ordinary law matter, involving persons
suspected of criminal acts, and did not constitute action against a party or political movement.
Chile
95. OEe Special Rapporteur sent three urgent appeals and one allegation of violation of the
right to life during the period under review to the Government of Chile.
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page 19
Urgent appeals
96. On 14 January the Special Rapporteur sent an urgent appeal regarding death threats
received by the members of the non-governmental human rights organization Corporaci6n por
los Derechos del Pueblo (CODEPU). In mid-December 1998, graffti were reportedly written on
the walls of CODEPU's headquarters in Santiago, accusing the organization's employees of
being communists and traitors. Moreover, on 27 December 1998, members of CODEPU
received a threatening message via their electronic mail system. The message, which is said to
have been sent by the organization Frente Nacionalista Patria y Libertad, threatened members of
CODEPU with liquidation.
97. On 23 August the Special Rapporteur sent an urgent appeal to the Government regarding
an incident of abuse of force by the police against members of the Mapuche community of
Cumillahue, Tiru5, on 16 July 1999. She also informed the Government that Jos& Lincoqueo, a
defender of the Mapuche community, had been detained and allegedly threatened in connection
with his professional activity.
98. On 29 September the Special Rapporteur was informed that Viviana Diaz, President of
the non-governmental organization Agrupaci6n de Familiares de Detenidos Desaparecidos, as
well as two Socialist Party senators, Ricardo Nuffiez and Jos& Antonio Viera Gallo, along with
their families, had been threatened. OEe Special Rapporteur sent an urgent appeal to the
Government of Chile urging it to act in order to prevent further death threats, noting that
incidents involving death threats had increased since the arrest of former
General Augusto Pinochet.
Communications sent
99. Paula Lagos, 17, was killed in Santa Teresa on 24 October 1998 when police off cers
opened ffire on a demonstration against former General Pinochet taking place close to the park
where Paula Lagos was with a friend. She died in hospital on 13 January 1999.
Communications received
100. By letter dated 15 November, the Government of Chile transmitted information on
impunity requested by the Special Rapporteur, the Chairman-Rapporteur of the Working Group
on Enforced or Involuntary Disappearances and the Special Rapporteur on the question of
torture. In its response the Government stated that under the military regime (1973-1989), the
work of the Chilean courts was, with rare exceptions, characterized by ineLectiveness in
investigating human rights abuses. The Government further explained that Decree-Law
No. 2191 of 19 April 1978 granted extensive amnesty to oLenders and accomplices. OEis law
was oifien given a broad interpretation and as a result, between 11 September 1973
and 10 March 1978, judicial investigations into violations of human rights attributed to State
agents, in particular members of the security services, armed forces or forces of order and public
security, came to a virtual halt.
101. OEe Supreme Court played a central role in this broad interpretation of amnesty.
Until 1990 the Supreme Court was composed exclusively ofjudges appointed during the military
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page 20
regime. Its decisions systematically overturned decisions by lower courts to continue
investigations into human rights-related cases. Although seven seats on the Court became vacant
aifier democratic governance was restored in 1990, the new appointments were not suffcient to
change the conduct of the Court in this sphere, as judges appointed under the former regime still
constituted a majority. OEe composition of the Court did not change signifficantly until the
constitutional reform introduced by Act No. 19,123 of 1997, which set an age-limit of 75 for
Supreme Court judges, increased the number ofjudges from 17 to 21, and stipulated that five
members must be lawyers unconnected with the administration ofjustice. As a result of this
reform, seven judges retired. Ten new members were further appointed in 1998. The Court's
new composition has allowed for majority decisions constituting precedents favourable to
investigations into human rights abuses.
102. Till 1997, in most cases the Supreme Court held that complaints relating to acts
committed in the period covered by the 1978 amnesty were to be dismissed. However, in the
period 1998-1999 the Supreme Court handed down numerous decisions to the eLect that
proceedings could not be dismissed until the investigation had been completed (S.C. 9/9/98, case
of the disappeared detainee Pedro Enrique Poblete C6rdova; S.C. 26/10/98, case of
Carlos Humberto Contreras Maluje; S.C. 29/12/98, case of Alvaro Miguel Barrios Duque;
S.C. 6/10/98, case of Marcos Quiffiones Lembach; S.C. 7/1/99, case of the disappeared detainees
of Parral). Similarly, according to this new case law, human rights violations committed
between 11 September 1973 and 11 September 1974, a period which Decree-Law No. 5 had
characterized as a state or time of war”, governed by the provisions of the Geneva Conventions
of 1949, could not be amnestied or come under the statute of limitations. OEe courts therefore
had to refrain from granting amnesty in any case involving serious violations of the
Geneva Conventions (S.C. 9/9/98, case of Pedro Enrique Poblete C6rdova;
S.C. 6/10/98, case of Marcos Quiffiones Lembach). The Supreme Court also ruled that oLences
of an ongoing nature, such as abduction and unlawful or arbitrary arrest, could not come under
the amnesty or the statute of limitations if the fate and whereabouts of the victim of the human
rights violation remained unknown (S.C. 9/9/98, case of Pedro Enrique Poblete C6rdova;
S.C. 26/10/98, case of Carlos Humberto Contreras Maluje; S.C. 6/10/98, case of Marcos
Quiffiones Lembach; S.C. 7/1/99, case of the disappeared detainees of Parral).
103. OEe Supreme Court further ruled that the defence of res judicata in criminal proceedings
requires that both the unlawful act and the person accused of committing it be identiffied.
Res judicata will not apply, even when the proceedings have been dismissed through the statute
of limitations or amnesty (S.C. 29/12/98, case of Alvaro Miguel Barrios Duque). (OEe
signifficance of this decision is that it allows for the reopening of closed proceedings or the
opening of new proceedings in cases of abduction and disappearance or extrajudicial executions,
in all of which, with rare exceptions, no initiating order was issued).
104. OEe Supreme Court has also held that grounds for extinguishment of criminal
responsibility, prescription of criminal proceedings and amnesty are personal in nature, in that
they may be applied only to speciffic individuals. Accordingly, courts must refrain from
dismissing proceedings in which the criminal responsibility of speciffic persons has not been
established, which means that the investigation of the oLence must have been complete
(S.C. 26/10/98, case of Carlos Humberto Contreras Maluje).
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page 21
105. Finally, only in 1999 did the Supreme Court rule on approximately six cases involving
jurisdictional disputes between military and ordinary courts, ffinding in favour of the latter in all
six cases (S.C. case of Jorge Muller and Carmen Bueno; S.C. case of Jos& Luis Baeza Cruces;
S.C. case of Leopoldo Muffioz Andrade, etal.).
Observations
106. OEe Special Rapporteur wishes to thank the Government for its cooperation with her
mandate and its comprehensive reply to the request for information regarding impunity in Chile
under the military regime. However, the Special Rapporteur regrets that she has received no
reply to her communication concerning the death of Paula Lagos.
China
107. It has been brought to the attention of the Special Rapporteur that the death penalty
continues to be used extensively in China. More people are executed every year in China than in
the rest of the countries of the world taken together. Over 60 crimes are punishable by death,
including a large number of non-violent oLences. Many death sentences are imposed following
trial proceedings which do not meet international standards.
108. OEe Special Rapporteur also received reports regarding the situation in the Xinjiang
Uighur Autonomous Region (XUAR) in western China, which is the only region in the country
where political prisoners are known to have been executed in recent years. The Special
Rapporteur has been informed of 210 death sentences and 190 executions carried out in this
province since January 1997. Most of the persons convicted were Uighurs sentenced to death for
subversive or terrorist activities in trials alleged to be unfair.
Urgent appeals
109. OEe Special Rapporteur transmitted seven urgent appeals and two allegations to the
Government of China.
110. On 2 December 1998 the Special Rapporteur transmitted an urgent appeal concerning
Ma Yulan who was sentenced to death for alleged organization of prostitution in Beijing. It was
further reported that this was the first case in Beijing in which a person was sentenced to death
for having organized prostitution. OEe Special Rapporteur pointed out that under internationally
accepted standards, the organization of prostitution could not be considered to constitute a most
serious crime” for which the death penalty would apply.
111. On 19 January and 14 June the Special Rapporteur transmitted an urgent appeal
concerning a group of young Uighurs who were sentenced to death at the end of October 1998 in
Gulja (Yining) by the Ili Prefecture Intermediate People's Court, for having allegedly organized
a counter-revolutionary group. Some of the defendants were reportedly arrested in
February 1997 and had been held in incommunicado detention since their arrest. OEe Special
Rapporteur was informed that Abdulsalam Shamseden (Abudushalamu Xiamuxiding), a
29-year-old textile worker fflom Gulja, Abdusalam Abdurahman (Abudushalamu
Abudureheman) and an unknown number of other persons were facing imminent execution. It
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page 22
was reported that Mr. Shamseden was arrested in June 1997 for having taken part in protests in
Guija in February 1997. His appeal against the death sentence was reportedly rejected by the
Xuar High People's Court in early January 1999. In her urgent appeals, the Special Rapporteur
expressed her concern that these persons had been sentenced to death for activities that do not
qualify as most serious crimes”, in proceedings that appeared to have fallen short of
international fair trial standards, particularly as regards the defendants' right to legal counsel.
112. On 17 February the Special Rapporteur sent a joint urgent appeal with the Special
Rapporteur on the right to freedom of opinion and expression concerning Hemit Memet,
Kasim Maphir and Ilyas Zordum, three Uighur men who had been forcibly returned fflom
Kazakhstan to XUAR on 11 February 1999. They were said to be suspected of involvement in
ethnic separatist activities.
113. On 23 February the Special Rapporteur was informed that Abdushukur Nurallah, 33, and
Perhat Mollahun, 35, both teachers in Korgas county, were sentenced to death by a court in
Korgas (Hou'erguosi) county, near Gulja (Yining) city, in Ili Prefecture, XUAR. The two men
were reportedly among 12 Uighurs convicted of subversion and bomb-making. It was alleged
that their trials did not conform to international fair trial standards and that they had been
tortured in order to extract confessions. OEe Special Rapporteur urged the Government to
investigate these allegations and to exercise its authority in order to have these cases reviewed in
fair and open hearings.
114. On 17 August a joint urgent appeal with the Special Rapporteur on the question on
torture was sent concerning the case of Zulikar Memet who was reportedly sentenced to death by
the Ili Prefecture Intermediate People's Court, XUAR. It was reported that he had told the court
that his confession had been extracted under torture and allegedly showed the court injuries
supporting this claim.
115. On 30 September the Special Rapporteur sent an urgent appeal concerning prisoners
whose sentences were expected be announced by the Guangdong Provincial High People's
Court. It had been reported that 57 public rallies would be held in the province before the
ffiifiieth anniversary of the founding of the People's Republic of China on 1 October 1999. The
Guangdong Provincial High People's Court was reportedly about to announce the ffinal decisions
on the fate of 238 prisoners who had been sentenced to death. According to reports, it is not
known whether the prisoners involved had the possibility to appeal their sentences.
Communications sent
116. OEe Special Rapporteur transmitted two communications of violations of the right to life
to the Government of China on behalf of the following persons.
117. According to reports, on 26 August 1999, during the national minority games,
Tashi Tsering, a building contractor from Lhokha Prefecture, lowered the Chinese flag in the
centre of Potala Square in Lhasa. As he attempted to raise the banned Tibetan flag, he was
allegedly arrested by members of the People's Armed Police, who reportedly beat him severely.
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It has been reported that by the time he was dragged into a police van by security personnel, he
was unable to walk. He was reportedly taken to a police hospital in Lhasa where he remained
until his death in the ffirst week of October.
118. Jinhua Zhao was reportedly arrested by police in Zhaoyuan city on 27 September 1999
and allegedly died in the morning of 7 October, aifier having suLered repeated beatings. On
8 October, the legal medical expert of Zhaoyuan city reportedly carried out an autopsy on
Jinhua Zhao. OEe same day, the legal medical expert of Yantan city also examined the body and
reportedly concluded that she had died as a result of beatings with elastic objects on numerous
places on her body.
Communications received
119. By letter dated 24 February the Government referred to the communication transmitted
by the Special Rapporteur on 2 December 1998, stating that it had conducted inquiries
concerning the following persons.
120. According to the information submitted by the Government between August 1996 and
September 1997, Ma Yulan controlled some 10 prostitutes and repeatedly engaged in prostitution
at the restaurant and baths she managed. OEe court determined that she had repeatedly disturbed
public order by organizing prostitution for proffit. Ma Yulan had been sentenced to death as her
conduct was in violation of the Penal Code. OEe Government further stated that Ma Yulan had
appealed her sentence to the Beijing Municipal Higher People's Court, where the case was under
consideration at the time of the communication.
Observations
121. OEe Special Rapporteur is deeply concerned by information received during the period
under review describing a pattern of gross violations of human rights, including extrajudicial,
summary or arbitrary executions in the Xinjiang Uighur Autonomous Region. According to
reports received, the main victims of these violations are members of the Uighur community, the
largest ethnic group among the predominantly Muslim local population in the region. The
Special Rapporteur also wishes to express her deep concern over the extensive and increasing
use of the death penalty in China.
Colombia
122. During the period under review, the Special Rapporteur has continued to receive a large
number of allegations of violations of the right to life in Colombia. Although the majority of
these allegations relate to acts of extreme violence committed by paramilitary groups, the
allegations received also include violations of the right to life attributed to State security forces.
123. OEe Special Rapporteur is grateful to the Government of Colombia for its cooperation
and prompt response to her communications. However, she regrets to note that the situation in
Colombia has not changed signifficantly since the previous report. OEreats against human rights
defenders, especially trade unionists and student leaders, became more overt and systematic
during the period under review.
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page 24
Urgent appeals
124. During the period under review, the Special Rapporteur sent a number of urgent appeals
to the Government of Colombia. Some of these appeals relate both to people who lost their lives
and to situations in which the Special Rapporteur requested that the Government take action to
avoid future violations of the right to life.
(a) Actions carried out by paramilitary groups
125. Human rights activists. On 28 January the Special Rapporteur sent an urgent appeal to
the Government regarding Carlos Ulloa and Stella Guerra, two human rights workers with the
Comisi6n de Justicia y Paz of Trujillo who had received death threats allegedly from a person
linked to paramilitary groups in the area. On 29 January, the Special Rapporteur sent an urgent
appeal to the Government regarding an attack by a group of armed civilians directed against the
Instituto Popular de Capacitaci6n, a human rights non-governmental organization. On
31 January, Everardo de Jesiis Puerta and Julio Ernesto Gonzales, members of the Comit& de
Solidaridad con los Prisioneros Politicos, were reportedly killed by members of a paramilitary
group. OEe Special Rapporteur sent an urgent appeal requesting the Government to aLord
protection to other members of the committee. OEe Special Rapporteur expressed her concern
for the safety of community leaders forcibly abducted on 10 April, allegedly by the peasant
self-defence force Autodefensas Campesinas de C6rdoba y Urab5, from the Peace Communities
of Villahermosa and Clavellino, Choc6 department, and from San Jos& de Apartado, Antioquia.
OEe paramilitary group had reportedly started a campaign against Peace Communities and
against human rights activists working with them. On 11 October the Special Rapporteur sent an
urgent appeal to the Government of Colombia regarding death threats received by members of
the Asociaci6n de Familiares de Detenidos y Desaparecidos of Barrancabermeja.
126. University leaders and teachers. On 5 March the Special Rapporteur sent an urgent
appeal to the Government aifier Luis Peroza and Numael Vercel, two teachers in San Diego,
Cesar, had been found dead. OEe Special Rapporteur urged the Government to take the
necessary measures to prevent the systematic targeting of teachers in the region. On 30 August
the paramilitary group Autodefensas Unidas de Colombia sent several letters to some student
organizations in which it threatened Ruben Tobon, Javier Caffiaveras, Rene Jaramillo,
Jairo Tones and Manuel Cardona. The Special Rapporteur sent an urgent appeal to the
Government recalling that Gustavo Alonso Marulanda had been killed one month earlier after
having received similar threats from by the same paramilitary group.
127. Trade unionists. On 24 February the Special Rapporteur drew the attention of the
Government to death threats reportedly received by Emilio Calvo, leader of the trade union
SIINTRAMUNICIPIO in Cartago. The Special Rapporteur reminded the Government that a
week earlier, Gilverto Tovar Escudero, also a leader of SIINTRAMUNICIPIO, had been killed
allegedly by members of a paramilitary group. On 5 March and 15 July the Special Rapporteur
sent urgent appeals regarding the safety of members of the Federaci6n Nacional de Cooperativas
Agrarias (FENACOA) aifier being informed of the murder of its President, Julio Poveda. On
15 July the Special Rapporteur sent an urgent appeal expressing her concern for the safety of the
Director of FENACOA, Efrain Pardo Moreno, and the wife and daughters of the murdered
President of FENACOA who had reportedly received death threats. On 27 April the Special
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page 25
Rapporteur drew the urgent attention of the Government to the death threats received
by Jairo Cordona, former President of the trade union SINTRAGOMUNICIPIO-Cartago, who
had reportedly published a list of people alleged to have links to paramilitary groups. The list
included persons believed to be responsible for the murder of trade unionists in the region. The
Special Rapporteur sent another urgent appeal aifier she was informed of an attack against
Jesiis Gonz5iez Luna, Director of the Human Rights Department of the trade union
Confederaci6n Unitaria de Trabajadores (CUT). On 26 August the Special Rapporteur sent an
urgent appeal on behalf of several trade unions and student organizations of the Universidad del
At15ntico and the Universidad de Antioquia that had received several threatening letters,
allegedly from the paramilitary group Autodefensas Unidas de Colombia.
128. Peasants. On 30 April an urgent appeal was sent regarding the heavy presence of
paramilitary groups around the municipalities of Simti and San Pablo. It was reported that since
12 April, the Colombian air force and army, together with several paramilitary groups, had been
engaged in intensive operations to track down members of the Ej&rcito de Liberaci6n Nacional
(ELN) (National Liberation Army), who had hijacked a passenger aircraifi. The Special
Rapporteur received reports of heavily armed paramilitaries in uniform patrolling the streets of
San Pablo, allegedly with the cooperation of the security forces. In this context, the Special
Rapporteur urged the Government to monitor these actions in order to prevent human rights
violations. She also requested the Government to clarify the circumstances of the murders of
Ismael Rinc6n Sierra, Alffiodys DuIIn Rodriguez and Ernesto Fern tndez Botero who were killed
at San Pablo during the same period. On 25 August the Special Rapporteur sent an urgent appeal
to the Government regarding an attack carried out by the Autodefensas Unidas de Colombia in
La Gabarra, Tib municipality, Santander. The Special Rapporteur urged the Government to
take action in order to prevent future incursions and human rights violations by this particular
paramilitary group in the region. On 28 September the Special Rapporteur sent an urgent appeal
regarding the death threats received by Antonio Barrera Riaflo, Fredisminda Alvarez,
Plinio Ramiro Mahecha and Juanario Tapiero, inhabitants of Villa Lorena. OEeir names
appeared in a note containing death threats distributed in the village by members of a
paramilitary group. OEe Special Rapporteur sent an urgent appeal on 17 September concerning
the presence of members of a paramilitary group in Monterralo, asking for a group of people
whose names appeared on a list. OEe paramilitaries captured some of these persons and killed
them on the spot. The rest of the people were threatened with death and ordered to leave the
village.
129. Indigenous leaders. On 27 April the Special Rapporteur sent an urgent appeal to the
Government aifier being informed of the murder on 24 April of Lucindo Dominico Juripa, an
indigenous leader of the Embera-Katio community, Alto SiII, C6rdoba, by two men wearing
paramilitary uniforms. Moreover, the Director of the Offce of the High Commissioner for
Human Rights in Colombia drew the Special Rapporteur's attention to continued attacks directed
against the indigenous communities and their leaders, particularly in the area of Alto SiII. Most
of the incidents appear to have been related to the issue of the dam used by the hydroelectric
company Hidroel&ctrica UrM.
130. Journalists. On 23 April an urgent appeal, jointly with the Special Rapporteur on the
freedom of opinion and expression, was sent alerting the Government to death threats received
by the literary publisher Gerardo Rivas Moreno, allegedly from Autodefensas Unidas de
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page 26
Colombia. On 10 June, the Special Rapporteur sent a communication to the Government in
reply to its letters of 7 and 10 May 1999 requesting more details regarding this case. The Special
Rapporteur asked to be kept informed about the investigation, as well as the measures taken to
protect the life and the right to freedom of opinion and expression of Mr. Rivas Moreno.
(b) Allegations received regarding acts committed by members of the military or the security
forces
131. Human rights activists. On 22 July the Special Rapporteur sent an urgent appeal,
jointly with the Special Rapporteur on the independence ofjudges and lawyers, regarding death
threats received by the attorney Humberto Tones Diaz. According to the information received
the death threats were related to a previous investigation carried out by Mr. Torres into alleged
abuses by the police in Barranquilla.
132. Trade unionists. On 31 August the Special Rapporteur was informed that Jos& Domingo
Tovar, former Director of the Department of Human Rights at the trade union CUT, had been
shot at by police outside the headquarters of the Colombian Federation of Teachers (FECODE)
where he was going to attend a meeting. OEe shooting took place on the ffirst day of a national
strike coordinated by CUT. Jos& Domingo Tovar had only recently assumed the position of
director when the attack took place. His predecessor, Jesiis Gonz5iez Luna, leifi the country aifier
the above-mentioned attack.
133. Peasants. On 30 December 1998, the Special Rapporteur sent an urgent appeal to the
Government regarding an attack suLered by the population of Santo Domingo, Arauca, allegedly
by the armed forces of Colombia. Also on 30 December an urgent appeal was sent regarding an
attack allegedly committed by the Batall6n Palac& de Buga at Corregimiento de Monterolo, Tulit
municipality, Valle del Cauca, on 8 November 1998. In the attack Jos& Lucas Villamil,
Ram6n G6mez Montolla, Jos& Helmer Graj ales Forero, Jos& Escenover Patiflo and Jos& Octavio
L6pez were killed. OEe inhabitants of Monterolo had reportedly been accused of collaborating
with the Fuerzas Armadas Revolucionarias de Colombia (FARC).
134. Indigenous leaders. On 16 April the Special Rapporteur sent ajoint urgent appeal with
the Special Rapporteur on the question of torture regarding an operation of the Colombia armed
forces against FARC. OEe action took place from 7 to 10 April and aLected the indigenous
community of Paeces. Two of the indigenous leaders, Isidro Campo Ulcue and R6mulo Guetia
Yatacue, were reportedly detained by the OEird Brigade of the National Army.
135. OEe Special rapporteur also sent eight urgent appeals regarding death threats received by
civilians and Church leaders during the period under review. Some of these persons were
obliged to leave their homes, or even the country, as a result of these threats. On 11 March the
Special Rapporteur sent an urgent appeal regarding the death threats received by Francisco Javier
Trujillo and his wife, who had to leave the municipality of Trujillo, Valle del Cauca. Despite
going into hiding in a Catholic seminary near Bogot the couple continued to be threatened, as
was Father Guillermo Campuzano, the director of the seminary.
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Communications sent
136. OEe Special Rapporteur also transmitted communications of violation of the right to life
on behalf of the following persons. Some of these persons were also the subject of urgent
appeals (see above).
137. Human rights activists. On 31 January Everardo de Jesiis Puerta and Julio Ernesto
Gonzales, members of the Comit& de Solidaridad con los Prisioneros Politicos, were travelling
by public transport fflom Medellin when members of a paramilitary group stopped the bus and
took the two men oLthe vehicle and killed them in the spot. On 21 November, Ifligo Eguiluz
and Father Jorge Luis Mazo, a priest, were travelling by boat on the Atrato River in Choc6 when
they were intercepted and deliberately run down by members of the Autodefensas Unidas de
Colombia. OEe two men reportedly died as a result of the crash.
138. University leaders and teachers. Luis Peroza and Manuel Vercel, teachers afffiliated
with the Asociaci6n de Profesores de San Diego, Cesar, were abducted and killed aifier being
threatened several times in February by members of a paramilitary group. OEeir bodies were
discovered on 12 February. On 6 March two teachers of La Iberia school, Alejandro Melchor
Su5rez and Gildardo Tapasco Calvo, in one of the indigenous communities of the municipality of
Riosucio Caldas, were taken from the school and killed by members of a paramilitary group.
Hern5n Henao Delgado, an anthropologist and architect, was killed on 4 May while giving a
lecture at the University of Antioquia, Medellin. Two members of a paramilitary group
reportedly entered the conference room, dragged Hern5n Henao Delgado out of the room and
shot him. He died the same day at the hospital. Gustavo Alonso Marulanda was killed on
7 August while coming out from the University of Antioquia, Medellin. OEe action was
reportedly carried out by the Autodefensas Unidas de Colombia.
139. Trade unionists. On 17 February Julio Poveda, President of FENACOA, was on his
way to his offce in Bogot when he was killed, allegedly by a group of armed civilians.
140. Peasants. On 28 February a group of 20 armed paramilitary on their way to
Barrancabermeja, Santader, killed Jos& Dario S tnchez and Orlando Forero Tarazona in
Provivienda district. They then moved to Versalles district, where they murdered Israel Ariza.
In El Ramaral the same paramilitaries shot dead Leonardo Guzm5n and Jos& Darfo Hern5ndez.
OEe paramilitaries also stopped and checked some 30 vehicles. William Rojas and Jesiis Manuel
Gil, who were among those stopped, were also shot dead by the paramilitaries. OEe Special
Rapporteur was informed that in order to leave the city the paramilitaries had to pass through a
military checkpoint under the control of the 45 th Battalion, also known as Los H&roes del
Majagual. On 20-2 1 August members of the Autodefensas Unidas de Colombia went to the
village of Caflo Lapa, La Gabarra, Tibu municipality, Santander, where they killed Luis Jesiis
Contreras, Jos& Angel Contreras, Jorge Paez Garza, Edison Alfredo Galv5n, Jos& Antonio
Padilla, Luis Francisco Guti&rrez, Luis Moncada and Chango Quintero. They were among a
number of persons whose names appeared on a list the paramilitaries had brought with them. On
21 August a paramilitary group went to Monterralo. OEey asked for Ram6n Albeiro Rojas,
Uldarico Vargas and Misael Monroy and killed them on the spot. On 8 November Jos& Lucas
Villamil, Ram6n G6mez Montolla, Jos& Helmer Grajales Forero, Jos& Escenover Patiflo and
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Jos& Octavio USpez were killed aifier an attack allegedly carried out by the Batall6n Palac& de
Buga at Corregimiento de Monterolo, Tulit municipality, Valle del Cauca. OEe inhabitants of
Monterolo had reportedly been accused of having collaborated with FARC.
141. Indigenous leaders. On 24 April Lucindo Dominic6 Juripa, an indigenous leader of the
Embera-Katio community, Alto SiII, C6rdoba, was killed by two men wearing paramilitary
uniforms who came to his house.
Communications received
142. OEis section includes replies received from the Government to urgent appeals and to
complaints of violations of the right to life transmitted by the Special Rapporteur during the
period under review. In its communications the Government informed the Special Rapporteur
that the Administrative Department for National Security (DAS) was investigating all allegations
of death threats.
143. By letters dated 7 and 10 May 1999, the Government requested the Special Rapporteurs
to submit additional information regarding the case of Mr. Rivas Moreno. On 29 July 1999, the
Government informed the Special Rapporteurs that it was not in a position to submit information
on the case, since the Special Rapporteurs themselves could not provide it with additional
details. Nevertheless, the Government replied on 27 August 1999 that the Anti-Abductions Unit
of the Public Prosecutor's Offce in Bogot was conducting investigations into the incident
regarding Mr. Rivas Moreno. According to the Government, on 12 July 1999 Mr. Rivas Moreno
was requested to provide more information about his complaint, and the Technical Investigations
Corps was asked to appoint an investigator to seek to identify the perpetrator of the oLence. OEe
Government also sent a communication on 30 July 1999 regarding the provisions governing
compulsory military service and the recruitment of minors by insurgent groups.
144. By letter dated 17 August the Government referred to the killing of indigenous leader
Lucindo Dominic6 Jaruipa. OEe letter stated that the National Police had informed the
Government that the indigenous leader had been killed by four men while he was in a bedroom
in the house of Mr. Nicolits Calderin, where he had been staying. The District No. 5 Police
Command in Tierra Alta were unsuccessful in their eLorts to learn the whereabouts of the
alleged killers. In its letter the Government referred to the lack of cooperation from the residents
of the area, who provided no information and gave no description of the alleged killers or the
vehicle in which they were supposed to have fled.
145. By letter dated 24 August, the Government referred to the murders of Ismael Rinc6n
Sierra, Alffiodys DuIIn Rodriguez, Ernesto Fern tndez Botero and Am&rico Mier Urueta. OEe
Government stated that the bodies of the four men had been removed by the police inspector of
San Pablo from the Los Caguises section on 19 April. OEe autopsy conffirmed the cause of death
as injuries sustained from being shot at close range and established the date of their deaths as
18 April. The offce of the municipal attorney stated that it was not aware of any reason for the
killings. OEe Government of Colombia stated that it had not been aware that Am&rico Mier
Urueta had been killed as it had not been so informed by the municipal police. OEe National
Police had begun round-the-clock patrols in the urban areas of the municipalities concerned in an
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page 29
eLort to combat crime. By letter dated 21 October the Government informed the Special
Rapporteur that the local prosecutor attached to the Barranquilla district criminal court had
ordered a preliminary investigation into the case.
146. On 22 September the Government sent the Special Rapporteur an issue of the publication
Observatorio de los Derechos Humanos en Colombia , published by the Offce of the President,
which contained an article on the protection of human rights defenders. OEe Government stated
that it was aware of the attacks on human rights defenders and their organizations in Colombia
and that the Human Rights Unit of the Off cc of the Public Prosecutor was conducting 17
investigations into homicides and threats against members of human rights organizations. OEe
Government stated that, in addition to the efforts it was making to overcome the root causes of
the conflict, its policy of promotion, observance and safeguarding of human rights gave priority
to ensuring the physical integrity of human rights defenders. Efforts focused on education,
emphasizing the legitimacy of the work of human rights defenders, and progress had been made
in strengthening ties between the Government, the police and the armed forces, human rights
defenders and trade union leaders. OEe Government, through the Ministry of the Interior, was
continuing to conduct a programme for the protection of persons who had received threats aimed
at protecting human rights defenders and their organizations through communications, transport,
security and escort systems and preventive action geared towards self-defence and
awareness-raising. OEese measures were being extended to the following people at risk: trade
union personnel, journalists, indigenous leaders, political leaders and university professors.
147. By letter dated 23 September the Government replied to an urgent appeal by the Special
Rapporteur concerning alleged threats by a paramilitary group against inhabitants of
Puerto Saldaffia and La Herrera districts in the municipality of Rioblanco, Tolima. According to
the Government's letter, the National Police, in an eLort to combat all unlawful organizations
and thereby guarantee public security and tranquillity, had been conducting campaigns against
such groups. In 1998, 15 members of the Rojo Alta self-defence group were arrested in the
Department of Tolima and weapons, ammunition and explosives were seized. OEe Government
also stated that, in view of the threats against certain citizens, the departmental police command
had ordered a study of the threats and a risk analysis, so that measures could be taken to
guarantee the right to life of the persons exposed.
148. By letter dated 24 September the Government informed the Special Rapporteur of the
status of investigations into the events that took place on 20 and 21 August in La Gabarra, Tib
municipality, Norte de Santander. Following the massive displacement of the population in
Norte de Santander, on 8 July 1999 a humanitarian veriffication commission was set up to assess
the situation in the region. The following organs are represented on the commission: the
departmental offfice of the Attorney-General, the Offce of the PeopleEls Advocate, the Ministry
of the Interior, the Off cc of the United Nations High Commissioner for Refugees (UNHCR), the
Offce of the United Nations High Commissioner for Human Rights (OHCHR), the Offfice of the
Vice-President of the Republic, the Social Solidarity Network, the non-governmental
organizations Minga, Andas and Codhes, and the Offce of the Governor of Norte de Santander.
Aifier hearing the complaints of the local community and interviewing one of the commanders of
the Autodefensas Unidas de Colombia, led by Carlos Castaflo a subcommission made up of
representatives of the above-mentioned institutions decided that the executions of several people
on the road fflom Tib to La Gobarra had been carried out by that group. OEe Commission
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recommended that the police and armed forces (the army and the National Police) should take
preventive measures in response to the announced attacks by self-defence groups against the
chief towns of Tarra municipality and Campo Dos and Fib Gringo districts; they were also to
take action against groups operating outside the law, to guarantee the free movement of civilians
along the Tib -La Gabarra road. The Commission also recommended that the medical support
service be allowed to enter the La Gabarra area, the Pista de Rio de Oro district and the village of
La Isla. OEe Commission further decided to request the relevant authorities to investigate
possible mass graves in the area and to identify any bodies found. OEe Government stated that
the departmental command carried out the order of the Director-General of Police to reopen the
local police station in La Gabarra, transferring 3 oLicers, 6 non-commissioned offficers and 60
uniformed patrol and police off cers to maintain law and order in the region.
149. On 29 September the Government transmitted information concerning investigations
conducted by the Offce of the Public Prosecutor into the killing of United States citizens
Terence Freitas, Laheenae Gay and Ingrid Washinawatok, whose bodies were found on
Venezuelan territory close to the border with Colombia. OEe National Offce of the Public
Prosecutor had assigned the investigation to the Human Rights Unit and had immediately
dispatched a commission of inquiry to the area in question. Following a preliminary
investigation, the prosecutor in the case identiffied Gustavo Bocota Aguablanca and Germ5n
Briceflo Su5rez, members of the Eastern War Unit of FARC, as the suspected perpetrators and
issued the corresponding arrest warrants.
150. In its letter dated 7 October the Government referred to the deaths of Jos& Lucas Villamil,
Ram6n G6mez Montoya, Jos& Helmer Grajales, Jos& Escenover Patiflo and Jos& Octavio L6pez.
OEe incident in question occurred on 8 November 1998 on the El Carmen estate, Tulit
municipality, Valle del Cauca. ProsecutorEls Department No. 32 of the Rapid Response Unit in
Tulit had conducted preliminary inquiries into the murders and the investigation had been
referred to the military court in Buga as the competent body. In its letter the Government
referred to the report of Military Court of Criminal Investigation No. 16, which states that on the
morning of 8 November 1998 troops from Artillery Batallion No. 3 in Palace and
Counter-Guerrilla Batallion No. 3 in Primero Numancia, conducting a military operation called
Cascabel 2, went to the rural sector of Monteloro district, Tulit municipality. When they arrived
at a house in the sector, they announced that they were members of the National Army, to which
the individuals inside responded by immediately opening ffire. Several of the above-mentioned
persons died in the ensuing clash. The investigation is at the preliminary stage and a disciplinary
procedure is being conducted by the Human Rights Division of the Attorney-GeneralUs Off cc.
151. On 7 October the Government sent the Special Rapporteur a note concerning the killings
of Everardo de Jesiis Puerta and Julio Ernesto Gonz5iez, in which it stated that the investigation
was at the preliminary stage and that it had been informed by the head of the National Human
Rights Unit of the Public Prosecutor's OLice that it had not yet been possible to determine
whether the motives for the killings were related to the victimsU political activities. The Offfice
of the Vice-President of the Republic stated that the Special Committee for the Promotion of
Investigations into Cases of Human Rights Violations would give the case special attention.
152. On 1 November the Government informed the Special Rapporteur that the Administrative
Department of Security (DAS) and the National Police had transmitted to the Security Council
E/CN. 4/2000/3/Add. 1
page 31
referred to in Decree No. 2615/91 the case involving threats received by Efrain Pardo Moreno,
President of FENACOA, and by the widow and daughters of the murdered former President of
the Federation, so that the authorities and forces of law and order could make the necessary
arrangements to protect the persons concerned. OEe Government also transmitted information
concerning the deaths of Jos& Alonso Acosta, Mofes Reyes, Arley Sulita, Jaime Garcia and
Cecilia L6pez, reportedly killed on 30 June in the community of Juan Atalaya, Cucuta. OEe
investigation into the deaths is still open and no organization had yet assumed responsibility for
these killings.
153. On 5 November the Government informed the Special Rapporteur, concerning the
security of the Peace Community of San Jos& de Apartad6, that the local authorities had
increased the security measures in order to protect the civilian population in the area.
154. On 8 November the Government replied to the Special RapporteurEls query concerning
the death threats received by Jos& Humberto Tones, stating that DAS had taken measures to
guarantee the security of Mr. Torres.
155. On 8 November the Government informed the Special Rapporteur that the General
ProsecutorEls Off cc had opened an investigation into the death threats received by Domingo
Tovar Arrieta.
156. By letters dated 17 November and 10 December the Government transmitted information
concerning the death threats received by the Asociaci6n de Familiares de Detenidos y
Desaparecidos (ASFADDES) in Barrancabermeja. OEe investigation was being conducted by
the Human Rights Unit of the General ProsecutorEls Offce. DAS had been informed of the case
and its chief in Barrancabermeja had initiated investigations into the allegations.
157. By letter dated 27 November the Government sent the Special Rapporteur information
about the measures taken to address the death threats received by representatives of university
student associations in Colombia. The Government stated that the President of the Republic and
the Ministry of the Interior had issued instructions for assistance and protection to be provided to
the persons who had received the threats. OEe Ministry of the Interior took the following steps:
provision of emergency humanitarian aid to several people; arrangements for transfer of the
persons concerned to a diLerent city; provision of student fellowships; talks with several
university rectors to request greater flexibility for the persons who had received the threats, both
students and teachers. OEe Human Rights Department of the Ministry of the Interior had met
with administrators, students, workers and teaching staL of the University of Antioquia in an
eLort to solve the problems at the University. The Ministry of the Interior requested the Off cc
of the Public Prosecutor to give its Human Rights Unit direct responsibility for the criminal
investigation into various oLences committed against students at the University of Antioquia.
158. On 26 November the Government of Colombia invited the Special Rapporteur to visit the
country. The Special Rapporteur looks forward to conducting a mission to Colombia in the
months to come.
159. By letter of 23 November the Government referred to the status of investigations into the
case of Alvaro G6mez Hurtado who was killed on 2 November in Bogot5 OEe Off cc of the
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page 32
Public Prosecutor had informed the Government that Ren& Carvajal L6pez, arrested on
22 October, was placed in pre-trial detention without possibility of bail for his alleged
participation in the killing. He was charged with murder, attempted homicide, conspiracy to
commit terrorism or murder and unlawful possession of ffirearms reserved for the use of the
armed forces. On 8 November charges were brought against Colonel Bernardo Ruiz Silva, as the
principal in the case, for attempted homicide, unlawful possession of ffirearms reserved for the
use of the armed forces and conspiracy to commit terrorism or murder. OEe alleged perpetrators
stated in writing that they would not appeal, as the case had been referred to the specialized
circuit criminal court in Bogot which will handle the following stage of the procedure.
160. By letter dated 6 December the Government informed the Special Rapporteur that DAS
was in charge of the investigation into the death of the journalist Jaime Hernando Garz6n.
161. By letter dated 6 December the Government transmitted information concerning the
death of Ifligo Eguiluz Terreira a human rights activist from Spain who was killed on
21 November in El Choc6. OEe Government reported that aifier the investigation nine persons
were charged. The National Unit on Human Rights (Unidad Nacional de Derechos Humanos)
was in charge of the investigations.
Observations
162. OEe Special Rapporteur is grateful to the Government of Colombia for its numerous
prompt replies to her communications. Aifier thoroughly examining the GovernmentEls replies
the Special Rapporteur acknowledges the GovernmentEls express will to address the problems it
is facing. She is aware of the complexity of the matter, given the large number of actors
involved. OEe Special Rapporteur welcomes the measures taken by the Government to protect
people who are being subjected to continued death threats, although she remains concerned at the
broad impunity enjoyed by military and paramilitary groups in the country. She urges the
Government to renew its eLorts to ensure that members of the armed forces responsible for
human rights abuses are brought to justice.
Cuba
163. OEe Special Rapporteur is concerned about reports of a recent increase in the use of the
death penalty in Cuba. According to reports, in March, April and May alone at least 10 people
were executed and at least 5 more sentenced to death. A total of approximately a dozen people
are reported to be awaiting execution on death row. OEese ffigures represent a marked increase
over last year, when around 5 people were reported to have been executed. The Special
Rapporteur is especially concerned that the increase in the use of the death penalty appears to
have started immediately aifier the introduction in March 1999 of new legislation imposing the
death penalty for serious cases of drug-traffcking, corruption of minors and armed robbery.
According to the Comisi6n Cubana de Derechos Humanos y Reconciliaci6n Nacional (Cuban
Commission for Human Rights and National Reconciliation), the death penalty now applies for
112 crimes, 79 of which involve State security violations and 33 common crimes.
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Democratic Republic of the Congo
164. OEe Special Rapporteur received 28 allegations of violations of the right to life during the
period under review. She is concerned by the considerable number of executions that reportedly
took place. Members of the Congolese Armed Forces (FAC) and members of the army are said
to have participated in the executions.
Communications
165. OEe Special Rapporteur was told that on 3 January, over 300 civilians were killed by the
FAC in the north of the country, more precisely in Mob&, 35 kilometres south of Zongo and
Bangui. In Libeng&, several dozen civilians, including women and children as well as nationals
of the Central African Republic, were killed by the FAC.
166. On 7 February, about 15 diamond dealers were reportedly abducted by nine armed men
in uniform. They were taken into the bush, undressed and bound. Aifier stripping them of their
money and possessions, the soldiers reportedly executed several of them namely, Lungonzo
Mundele, Makambo Dezaf and his driver and A. Petit Abb&.
167. OEe Special Rapporteur was informed that, during the night of 13/14 May 1998, a niece
of the Archbishop of Kinshasa, Cardinal Fr&d&ric Estou, was killed by a group of armed men of
unknown identity.
168. On 17 May, shopkeeper Wenceslas Tabaro was reportedly killed by FAC soldiers. Two
of the six soldiers intercepted by the young people of the village were released by the Police
d'intervention rapide (Rapid Intervention Police) (PIR) who arrived on the scene a few moments
later.
169. OEe Special Rapporteur was also informed that on 7 June 1998, armed men in uniform
stormed into the building of the religious order Congregation of the Great Carmelites” and
killed Brother Floribert Kamaragi. It is reported that before they fled, they stole a Fiat motor car
belonging to the order and that same night, they also killed a police offcer named Tshibwabwa
Kapinga who was keeping guard at the university.
170. On the evening of2l July 1998, Jacques OEierry, a Belgian national, was reportedly
killed by a young soldier who was keeping guard outside the presidential palace.
171. On 22 July, three soldiers, in search of one of their colleagues in the village, allegedly
killed Musema Be.
172. In August, Commander Mataki, an ex-member of the former Zairian Armed Forces
(FAZ) who laterjoined the FAC was said to have been killed by his colleagues on the grounds
that he was a Munyamulenge Tutsi.
173. OEe Special Rapporteur was told that, from 3 to 24 August, 89 persons, including 78 of
Rwandan origin, had been killed by the Government's armed forces or by its supporters.
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page 34
174. On 3 August, Mr. Komando, former activist of the Conseil national de la r&sistance pour
la d&mocratie (National Council of the Resistance for Democracy) (CNRD) was reportedly killed
by members of FAC on suspicion of supporting the Banyamulenge. OEe Special Rapporteur was
also informed that on 4 August Giresse Nkola and another student were killed by soldiers from
the Tshatshi military camp.
175. On 5 August, Protais Ndayitwaeko, a Burundian of Tutsi origin and a final-year student
of the Faculty of Psychology and Education Sciences at the University of Kisangani, was
allegedly killed at his home by military loyalists. He was accused of supporting the rebellion.
176. OEe Special Rapporteur was informed that on 5 and 7 August four trucks transported
corpses which were then buried in mass graves in Kintabo.
177. On 19 August Mr. Bukoko was allegedly executed by Soni, a soldier from Major angu's
camp, in the presence of camp guards.
178. OEe Special Rapporteur was also informed that on 27 August Jean-Marie, a resident of
the commune of Bandalungwa, Kinshasa, was killed by members of FAC, not far from the
Mariano market. Jean-Marie is said to have been murdered because the security forces took him
for one of the rebels disguised as madmen.
179. OEe Special Rapporteur was further informed that, on 27 August, Gaston Basosila was
killed and burnt alive in front of the Limet& town hall by soldiers, acting in collusion with the
inhabitants. OEe security forces apparently took Gaston for a rebel.
180. On 30 August Paul Liaki, a guard at the Institut national de recherche biologique
(National Institute for Biological Research) (INRB), was killed on the IINRB premises by
soldiers who accused him of being a rebel.
181. OEe Special Rapporteur was informed that at the end of August, Ebidilu, Django, Mwana
ya President and Wayo Ndoba were murdered and burnt alive by citizens and/or soldiers. The
victims were allegedly taken for rebels masquerading as madmen.
182. It is reported that on 5 September Benjamin Ilunga was killed by Yaf, a police offficer,
who was acting under orders from Commander Kabulo whom Benjamin Ilunga owed seven
Congolese francs.
183. OEe Special Rapporteur was also informed that on 8 September Victor Malembo Mabuse
was killed in his Peugeot 504 by FAC soldiers travelling in a Toyota Land Cruiser with the
licence plates KN 89339. He was allegedly killed because he had collided with the Toyota.
184. On 8 September Musole Djogoni, an employee of the Off cc des Biens Mal Acquis
(Offce of Ill-gotten Property) (OBMA) was reportedly killed by soldiers guarding the former
Okapi Hotel.
185. It is reported that on 2 September Benjamin Nzamba was arrested by police offcers on
the grounds that he was a member of a gang. He was subsequently locked up at the Provincial
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page 35
Police Station (formerly Circo), where he was tortured throughout questioning. His body bore
multiple stab wounds and he was shot in the leifi foot. On 18 September he succumbed to the
torture and ill-treatment that had been inflicted on him.
186. OEe Special Rapporteur was also informed that on 29 September Kanza Muanda was
murdered at his parents' home in a working-class neighbourhood in Kinshasa following an
altercation with seven soldiers who were trying to steal some of the family's valuables.
187. In addition, the Special Rapporteur received reports in mid-October 38 FAC soldiers,
who had been arrested for desertion or retreat from enemy troops, were executed aifier being tried
by the Military Court (COM).
188. OEe Special Rapporteur was informed that Marie-Jeanne Ngoya N'zya was beaten and
then shot dead on 1 November by a soldier of the 51st Batallion who was keeping guard at the
H6pital de la Rive, Mont Ngaliema. OEis former hospital patient was allegedly shot by the
soldier as she fled aifier rebufffing his advances.
189. OEe Special Rapporteur, received reports that on 6 November Eric Ngelebele, a money
changer, was killed by six armed men, two of whom were dressed in military uniform.
190. On 6 November, FAC soldiers on patrol allegedly killed Emery Muyembe, a Bralima
employee, and a taxi-bus driver.
191. According to a press release published on the weekend of 14/15 November by the FAC
headquarters, 13 government soldiers were executed in Lubumbashi for desertion or retreat from
enemy troops. It is claimed that the soldiers were neither granted a satisfactory defence nor
allowed to appeal against the death sentence that had been handed down by the COM.
Communications received
192. OEe Government continued to send detailed replies to the allegations transmitted.
193. OEe Government informed the Special Rapporteur of its intention to abolish the death
penalty. The Government of National Salvation, with guarantees of ffinancial and material
assistance from the United Nations, stood ready to organize awareness-raising campaigns in
order to prepare, inform and educate the public about the planned abolition of the death penalty.
According to the Government, the abolition of the death penalty must also be accompanied by
improvements in prison and policy administration. Consequently, the Government was in need
of substantial logistical and financial resources to convert prisons into genuine rehabilitation
centres. Crime prevention institutions also needed to be completely revamped to free them from
pressure of various kinds that might constitute an obstruction ofjustice. OEe police should be
provided with the appropriate logistics to confront the possibility of a sharp increase in the
number of oLenders who might no longer be deterred by the ultimate punishment. In the
interim, until those preconditions for the changing of mentalities and the restructuring of the
prison administration existed, the Government of National Salvation undertook to gradually
abolish the death penalty, starting by its de facto restriction. Pending the revision of the Penal
Code, in practical terms the death penalty would be applied only in a few, objectively serious
E/CN.4/2000/3/Add. 1
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cases, in other words only as an exceptional measure. Until then, it would only be meted out to
perpetrators of heinous and particularly serious crimes and premeditated murders. It would not
be imposed on persons who were below 18 years of age at the time when the crime was
committed, pregnant women, mothers of young children and elderly persons.
Dominican Republic
194. OEe Special Rapporteur transmitted an urgent appeal on 17 February to the Government
concerning the safety of Joseffina Juan de Pichardo, former General Prosecutor of the National
District of the Dominican Republic. According to the information received by the Special
Rapporteur she was receiving death threats because of her investigations into alleged State
corruption and drug traffcking. On 9 February, Dr. Josefina Juan de Pichardo was reportedly
visited by a high-ranking off cial of the Departamento Nacional de Investigaci6n (DNI)
(National Department of Investigation) who allegedly warned her that DNI was prepared to kill
her children if she went forward with the publication of a book she had written in which she
denounced State corruption in the Dominican Republic.
Communications received
195. On 15 March the Government informed the Special Rapporteur that Joseffina Juan
de Pichardo had not received death threats and that the Government had taken the required steps
to ensure her and her family's security.
Ecuador
196. OEe Special Rapporteur transmitted two urgent appeals to the Government of Ecuador
during the period under review.
197. On 25 February the Special Rapporteur transmitted to the Government an urgent appeal
concerning death threats reportedly received by Kaiser Ar&valo, member of Parliament
representing the opposition party Pachakutik-Nuevo Pais (P-NP).
198. On 10 March the Special Rapporteur sent ajoint urgent appeal with the Special
Rapporteur on the question of torture concerning the situation of Washington Fernando Aguirre
Freile, Christian Steven Ponce and Sergei Merino, all detained on 18 February in connection
with the assassination of opposition parliamentarians Jaime Hurtado Gonz5iez, Pablo Vicente
Tapia Faringnano and Wellington Borja Nazareno. OEe Special Rapporteurs had been informed
that Washington Fernando Aguirre, who had previously accused two police captains of
involvement in the assassinations, was repeatedly stabbed by a fellow prisoner on 5 March 1999.
Communications received
199. OEe Special Rapporteur regrets that at the time of ffinalization of this report, the
Government had not replied to her communications.
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El Salvador
Urgent appeals
200. OEe Special Rapporteur transmitted an urgent appeal to the Government on 4 May
concerning Miguel Montenegro, President of the Comisi6n de Derechos Humanos de El
Salvador (Commission on Human Rights of El Salvador). It was reported that Mr. Montenegro
was kidnapped by several armed men in the capital, San Salvador, on 26 April. OEe men put him
into a car and threatened him for two hours. OEe men had reportedly told Miguel Montenegro
that they knew where he worked and lived, and that they would take retaliatory measures against
him and his family if he talked. It was reported that they also claimed to have contacts within
the police force.
Communications received
201. OEe Special Rapporteur regrets that at the time of ffinalization of this report the
Government had not replied to her communications.
Germany
Urgent appeals
202. On 8 December 1999, the Special Rapporteur addressed an urgent appeal to the
Government of Germany concerning the case of Aamir Ageeb, a 30-year-old Sudanese
asylum-seeker who reportedly died, during an attempt to deport him forcibly fflom Germany.
According to the information received, Aamir Ageeb was escorted by three German border
police offcers to Frankfurt am Main Airport on the evening of 28 May, to be put aboard a
Luifihansa flight fflom Frankfurt to Cairo and then on to Khartoum. When he resisted,
Mr. Ageeb's arms and legs were reportedly tied and a helmet placed on his head. When he
continued to struggle aifier being placed in a seat, the police off cers allegedly forced his head
down between his knees and kept him in that position until the aeroplane had taken oL. When
the police offcers removed the helmet, they saw that Mr. Ageeb had stopped breathing. ELorts
to revive him by doctors on the flight failed.
Communications received
203. By letter dated 19 July the Government informed the Special Rapporteur about the case
of Aamir Omer Mohamed Ageeb. OEe Government deeply regretted Mr. Ageeb's death on
28 May 1999 had expressed its regret to the Government of the Sudan. OEe Government
reported that the information contained in the Special Rapporteur's allegation was correct. OEe
measures taken by the border police were supposed to protect the deportee as well as the police
off cers accompanying him: previous incidents gave reason to expect that Mr. Ageeb would
attempt to resist deportation violently, thus threatening his and the accompanying off cers' lives
and security as well as the safety of other passengers. The General Prosecutor in Frankfurt had
opened a criminal investigation into the case. In addition, an internal investigation, with a view
to imposing possible disciplinary measures against the off cers involved, had been ordered.
OEese proceedings had been suspended pending the results of the investigation by the
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General Prosecutor. At the time of the communication the cause of death had still not been
established and the question remained open whether the off cers involved had committed
punishable acts.
Observations
204. OEe Special Rapporteur welcomes the steps taken by the Minister of the Interior of
Germany to order an immediate suspension as of 29 May 1999 of all deportations where violent
attempts to resist expulsion were expected. However, the Special Rapporteur is concerned that
the suspension order was liified on 25 June 1999.
Guatemala
205. In her last report to the Commission, the Special Rapporteur noted that there had been a
marked decrease in the number of allegations received relating to the situation in Guatemala.
During the present reporting period, the Special Rapporteur only sent three urgent appeals and
one allegation to the Government.
Urgent appeals
206. On 25 March the Special Rapporteur sent an urgent appeal jointly with the Special
Rapporteur on violence against women regarding information received concerning alleged
violence against the following street children: Hilda Yesina P&rez Alvarez, Manuel Estuardo
OEtvila Ju5rez, Roxana Abigael Adalf, Juan Carlos L6pez Gir6n, Lorena Carmen Hern5ndez
Carranza and Nery Mateo Hern tndez. OEe Special Rapporteurs informed the Government that
on 14 March 1999, three armed men in civilian clothes reportedly drove into a vacant lot in
Zone 2 of Guatemala City, where a group of street children were gathered. The men allegedly
started shouting that they were going to kill the children and then began shooting, injuring Hilda
Yesina P&rez Alvarez and killing Manuel Estuardo OEtvila JIIrez. It is reported that Manuel
Estuardo OEtvila JIIrez was one of the 22 street children previously arrested and detained in
February by the Policia National Civil (PNC) (National Civil Police). Earlier the same day he
had reportedly participated in a gathering at the grave of 13-year-old street child Nahamitn
Carmona L6pez on the ninth anniversary of his murder by four policemen. The Special
Rapporteurs also related that on 25 February Roxana Abigael Adalf and Juan Carlos L6pez
Gir6n were approached by two men, one in civilian clothes, the other wearing the uniform of the
Fuerza Especial Policial (Special Police Force), an elite unit within the PNC. OEe two men
allegedly ordered the children to get undressed. Juan Carlos obeyed the order, but Roxana
refused. The two men eventually gave up the attempt to rape the children and leifi. OEe incident
took place in the same park where two other street children had allegedly been sexually
assaulted in an earlier incident. It is reported that at approximately 8 p.m., on 11 February 1999,
Lorena Carmen Hern tndez Carranza and Nery Mateo Hern tndez were sleeping in a park on
14th Avenue and 3rd Street in Zone 2 of Guatemala City. A uniformed member of the Fuerza
Especial Policial accused them of having mugged and attacked a person with a knife. He
allegedly became violent when he was searching the children for weapons, he threw them on the
ground and ordered them to take off their clothes. He allegedly sexually abused Lorena.
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207. On 23 April the Special Rapporteur sent an urgent appeal to the Government aifier she
was informed that Ronalth Ochaeta, Director of the, Officino de Derechos Humanos del
Arzobispado de Guatemala (ODHA) (Archdiocesan Human Rights Off cc) had been assaulted by
three gunmen on 16 April. OEe gunmen reportedly forced their way into his house, east of
Guatemala City, threatened a servant and put a gun to the head of his 4-year-old son. OEe
gunmen reportedly leifi aifier having searched the house for 40 minutes, leaving a box disguised
as a bomb with a piece of brick inside - an apparent allusion to the cement block which was used
to batter Bishop Juan Jos& Gerardi to death a year earlier.
208. On 20 July the Special Rapporteur sent an urgent appeal on behalf of Francisco S tnchez
M&ndez and Aura Elena Farfitn, members of the Asociaci6n de Familiares de
Detenidos-Desaparecidos de Guatemala (FAMDEGUA) (Association of Relatives of
Detained/Disappeared Persons in Guatemala), who had been threatened on 22 May. According
to the information received the death threats related to a book published by the Association on
torture, abductions and summary executions committed by members of the Security Forces of
Guatemala.
Communications sent
209. Robinson M tnolo Morales-Canales, a member of the Uni6n Dc Trabaj adores
(Workers' Union), was reportedly killed on 12 January by two gunmen in the municipality of
Zacapa. Mr. Morales-Canales had allegedly reported on corruption among off cials of the
municipality.
Communications received
210. On 16 and 25 November 1998 the Government transmitted to the Special Rapporteur its
answer to a questionnaire sent by the previous Special Rapporteur concerning the murder of
Bishop Juan Jos& Gerardi (26 April 1998) and death threats received by other members of
ODHA. According to the information received, the investigation is still open. OEe Government
informed the Special Rapporteur that no compensation has been paid to the family of the victim.
211. By letter dated 29 April the Government informed the Special Rapporteur about action
taken by the authorities regarding the alleged death threats received by Ronald Ochaeta. On
20 April, the PNC had increased its patrols in order to ensure Mr. Ochaeta's personal security.
Guinea-Bissau
Communications sent
212. OEe Special Rapporteur was informed that in mid-June 1998 a group of ffive or
six security offficials of Guinea-Bissau, one in police uniform, approached two youths, spoke to
them, and then ffired their machine guns, hitting one youth in the leg and the other in the
stomach. Allegedly, bystanders carried the two injured youths to the SimAo Mendes hospital,
where they subsequently died.
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page 40
Communications received
213. OEe Special Rapporteur regrets that at the time of ffinalization of this report, the
Government had not replied to her communications.
Haiti
214. During the period under review, the Special Rapporteur transmitted to the Government an
urgent appeal and an allegation of the violation of the right to life.
Urgent appeals
215. An urgent appeal was transmitted to the Government on 13 April on behalf of
Pierre sp&rance, Director of the Coalition nationale pour les droits de 1' homme en Hafti
(National Coalition for Human Rights in Haiti), Port-au-Prince, who was reportedly driving his
car, in the company of a colleague, when he was overtaken by another car which stopped in front
of him. A man allegedly alighted from the vehicle and opened ffire on the two men with a
submachine gun.
Communications
216. OEe Special Rapporteur was told that on 9 April 1999 Carl Edwin Etienne and
Marc Antoine Posy were killed in Fontamara, Port-au-Prince, during an operation of the
Compagnie d'intervention rapide et de maintien de l'ordre (Rapid Intervention and Law
Enforcement Unit).
Communications received
217. OEe Special Rapporteur regrets that at the time of ffinalization of this report the
Government had not replied to her communications.
Honduras
218. OEe Special Rapporteur transmitted an urgent appeal and four allegations of violations of
the right to life to the Government of Honduras.
Urgent appeals
219. On 21 July the Special Rapporteur transmitted to the Government information received
regarding the alleged abduction of Dora Emperatriz Oliva Guifarro, an aid worker with the
Comit& de Familiares de Detenidos-Desaparecidos (Committee of Relatives of
Detained/Disappeared Persons), reportedly by two paramilitaries who kept and threatened her for
two hours.
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page 41
Communications sent
220. An allegation was sent concerning Marco Antonio Servell6n, Rony A. Betancourt,
Di6medes Obed Garcia and Orlando Alvarez Rios, who allegedly died on 15 September 1995 in
Tegucigalpa. It is reported that several off cial vehicles belonging to the Fuerzas de Seguridad
P blica (FUSEP) (Public Security Forces) took part in a round-up of street children close to the
National Stadium in Tegucigalpa. More than 120 people were reportedly detained, including the
four above-mentioned persons. On the night of 16 December 1995 all four were reportedly
taken from the 7th police precinct by FUSEP offcials. OEeir bodies were found on
17 December. All four had been shot through the head.
221. An allegation was sent on behalf of Alexander Obando Reyes (age 17), who was
allegedly killed on 10 March 1999 at La Merced Park, Tegucigalpa, while he was in the park
with a friend. It is reported that a policeman started arguing with the two adolescents, and then
took out his gun and started shooting. Alexander Obando Reyes and his ffliend started to run. It
has been reported that the policeman pursued them and opened ffire, killing Alexander.
222. On 21 May 1999 No& Alejandro Alvarez (age 14) was walking by the main adult prison
in Tegucigalpa when a uniformed prison guard opened ffire with a rifle and hit the boy in the
head. He died instantaneously.
223. On 28 August 1999 the bodies of Gerson Edgardo Calix, Esteban Varela and Gabril
(family name unknown) were found in an unoccupied building close to a police station in
El Progreso. It was reported that the three boys had been detained by the police on 27 August.
Communications received
224. OEe Special Rapporteur regrets that at the time of ffinalization of this report the
Government had not replied to her communications.
India
225. OEe Special Rapporteur transmitted to the Government of India one urgent appeal
and 13 allegations of violations of the right to live during the period under consideration. OEe
Special Rapporteur is concerned by the fact that most of the killings reported were attributed to
the police or the army.
Urgent appeals
226. One urgent appeal was transmitted to the Government on 14 October concerning
Ms. Nalini, Mr. Santham, Mr. Murugan and Mr. Perarivaalan, 4 of the 26 people convicted of
conspiring to murder Rajiv Gandhi, who was killed by a bomb explosion in Tamil Nadu in
May 1991. It was reported that the Supreme Court of India, upon hearing the appeal of the
26 persons who were sentenced to death by the Terrorist and Disruptive Activities (TADA), trial
court, released 19 of them, passed sentences of life imprisonment on 3 of them and upheld the
death sentences of Ms. Nalini, Mr. Santham, Mr. Murugan and Mr. Perarivaalan. It was alleged
that some of the accused had been tortured under police interrogation, and that many of the
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page 42
defendants did not have adequate access to legal counsel during the pre-trial investigations.
According to the source, Ms. Nalini, Mr. Santham, Mr. Murugan and Mr. Perarivaalan were
originally scheduled to be executed on 9 June but their execution was postponed when they filed
a review petition with the Supreme Court.
Communications sent
227. OEe Special Rapporteur was informed that the Chairman of the People's League,
S. Hamid Wani, was killed on 18 April 1998 allegedly by off cers of the Special Task Force
(STF). Eyewitnesses to the incident reported that STF off cers entered the house of S. Hamid's
father-in-law in Ahmed Nagar Bachpora at 11 p.m on 17 April and took him away. Aifier the
STF men leifi the family members found bloodstains on the lawn outside their house. OEe
following morning the police advised S. Hamid's family to collect his body from the Soura
police station.
228. On 2 June 1998, according to reports, Noor Mohammad Khan was arrested by army
personnel and taken to the Katsun jungle of Bandipora were he was allegedly shot dead.
229. OEe Special Rapporteur was informed that Gulzar Ahmed Ganai was allegedly killed
on 6 June 1998 while in the custody of the Rashtriya Rifles at Weghama. It was reported that the
Rashtriya Rifles had stopped the bus Mr. Ganai was driving on the evening of 28 May and
arrested him. His body was reportedly recovered from the Takebla river by the police on
6 June 1998. According to reports, his body had three bullet wounds.
230. OEe Special Rapporteur has been informed that on 11 September 1998,
(I}hulam Mohi-Ud-Din Dar, a farmer, was shot by members of the Indian Army and
paramilitaries as he was leaving his house at around 8. 10 p.m. Reportedly, the soldiers
continued ffiring at the bus in which fellow villagers tried to transport Ohulam Mohi-Ud-Din Dar
to the hospital. OEe man later died of his injuries.
231. OEe Special Rapporteur was informed that on 31 October 1998, Jmam Abdul Samad Dar,
was apprehended outside his mosque by renegades”, allegedly assisted by the Indian army. He
was reportedly taken to Shaltang and shot dead.
232. OEe Special Rapporteur was informed that Mohammed Shafat Rather, a student, was
arrested at his home in the night of 11 November 1998 by Indian army forces who reportedly
were identiffied by local people as members of the 100th Battallion border security force,
stationed at Vecharnagh Soura. OEe following day Mohammed Shafat Rather's relatives were
reportedly informed by telephone that he was in the hospital where he was taken aifier having
been interrogated and tortured. Mohammed Shafat Rather died on 19 November.
233. OEe Special Rapporteur was informed that on 10 December 1998, the brothers
Haffiz Bakhtiar Ahmad and Mohmmad Shaffi were travelling by bus on the road between
Kupwara and Sopore when members of the border security force and the special task force
stopped the bus. The brothers were allegedly arrested. OEeir dead bodies were reportedly handed
over to the district hospital authorities the following morning.
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234. OEe Special Rapporteur was informed that Mohammad Ayub Bhat, a student, was
arrested at his home on the night of 8 December 1998 by members of the special task force. He
was reportedly released on bail on 14 December, but on his way back home in the company of
his father, mother and younger brother, he was allegedly arrested again by two members of the
special task force. Mr. Brat allegedly died in custody the same night
235. OEe Special Rapporteur was informed that on 4 January, Oh. Rasool Shah was allegedly
shot by Tom Singh, a soldier of the Rashtriya Rifles stationed in Brenthi Batpora Anantnag.
Oh. Rasool Shah, who reportedly was a political activist of the Jammu Kasmir Liberation Front,
his brother and three other villagers were on their way to pasture with their cattle when they got
into an argument with soldiers. Oh. Rasool Shah was allegedly shot and severely wounded by
Tom Singh. He was taken to hospital by his companions, where he allegedly later died of his
injuries.
236. OEe Special Rapporteur was informed that Ohulam Mohammed Paul, a resident of
Chanpora, Srinagar, was arrested on 6 February 1999 by the special task force in Awantipora.
He was allegedly tortured, and died of his injuries during the night of 6-7 February 1999.
237. OEe Special Rapporteur was informed that on 4 April 1999, between 10 and 12 armed
men arrived at Nripen Sarma's house. They told Nripen Sarma they were members of the police
from the Patacharkuchi police station and asked him to come with them. OEe group allegedly
took Nripen Sarma away and reportedly told his family to come to the police station the
following morning. Nripen Sarma's sister reportedly went to the police station as requested but
the off cer in charge claimed that the police had not arrested anybody on the date in question.
On 5 April, the body of Nripen Sarma was reportedly found in Pahukata river, Dhamarkur, with
multiple wounds.
238. OEe Special Rapporteur was informed that on 30 May 1999, four ffishery workers were
reportedly killed aifier having participated in a rally against prawn farming organised by the
Chilika ffishermen's union. It was reported that Banchahanidhi Behera, Digambar Behera,
Prema Behera and another unidentiffied ffisherman were killed when police opened ffire during the
rally.
239. OEe Special Rapporteur was also informed that a group of three paramilitaries entered
Mohmmad Abdullah Sheik's house on 29 October. When he arrived home, the paramilitaries
ordered him to accompany them. Not far from the village, they sent Shabir Ahmad Sheik and
Ohulam Qadir Sheikh, who had accompanied them, back. Allegedly, the paramilitaries shot
Mohmmad Abdullah Sheikh shortly aifierwards.
Communications received
240. By letter dated 21 October, the Oovernment replied to the Special Rapporteur concerning
three of the allegations transmitted in 1998. Concerning Kannuri Srivas, the Oovernment
reported that he was a member of a local guerrilla group that had been banned by the
Oovernment of Andhra Pradesh. He died in an encounter with the police while they were trying
to arrest him. Concerning the death of Khaidem Bijoy Singh, the Oovernment reported that he
was a Peoples Liberation Army (PLA) activist and that he had died in an encounter with the
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page 44
army at BuLalo Farm. Regarding the case of Koijam Rajen, the Government reported that
on 6 February 1997 a combined force of 30 army and police commandos conducted a search
operation at Pukhao Naharup and the surrounding hills. An encounter ensued with a group of
youths suspected to be insurgents. Aifier the exchange, two dead bodies and one injured person
were found at the scene. The injured persons identiffied Koijam Rajen as having escaped during
the encounter. He was picked up from his residence along with incriminating documents
concerning the PLA. He was shot dead while trying to escape.
Observations
241. During the period under consideration, at least 17 persons are said to have been killed by
the Indian police or the army. OEree of them were allegedly tortured before being killed. Two
incidents in which soldiers opened ffire on buses have been reported to the Special Rapporteur.
Indonesia
242. From 4 to 10 November 1999, the Special Rapporteur on extrajudicial, summary or
arbitrary executions conducted a joint mission to East Timor with the Special Rapporteur on the
question of torture and the Special Rapporteur on violence against women, its causes and
consequences. OEe visit was undertaken pursuant to Commission resolution S-4/1 adopted by
the Commission at its special session on the situation of human rights in East Timor,
from 24 to 27 September 1999. OEe report of the mission was submitted to the
General Assembly (A154/660).
243. Reports continue to be received by the Special Rapporteur concerning human rights
abuses in Indonesia. It is alleged that police forces purposely target political protesters and
ethnic minorities, who are oifien arrested or extrajudicially killed, not only in East Timor but in
other locations such as Irian Jaya and Aceh.
244. As regards the use of the death penalty in Indonesia, the Special Rapporteur was
informed that there were no executions in 1999 and no new death sentences passed. According
to the information received at least 27 persons are under death sentence in Indonesia
Urgent appeals
245. OEe Special Rapporteur transmitted eight urgent appeals to the Government of Indonesia
during the period under review.
246. On 12 January the Special Rapporteur transmitted an urgent appeal concerning
Ita F. Nadia, a human rights activist in Jakarta who was receiving anonymous phonecalls
threatening her children. It was believed that she was being threatened because of the assistance
she provided to the Special Rapporteur on violence against women.
247. On 24 February the Special Rapporteur transmitted an urgent appeal expressing her deep
concern over continuing reports of killings in connection with the mounting violence in
East Timor.
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page 45
248. On 28 April the Special Rapporteur transmitted an urgent appeal jointly with the Special
Rapporteur on the question of torture aifier having been informed that a number of persons in
several towns across East Timor had been subjected to death threats, arbitrary detentions, torture
and unlawful killings.
249. On 3 May the Special Rapporteur transmitted an urgent appeal concerning death threats
received by members of several non-governmental human rights organizations following a
meeting with the British Foreign and Commonwealth Offce Minister in Dili.
250. OEe Special Rapporteur transmitted an urgent appeal on 30 August expressing her
concern over continuing reports of excessive use of force by both the military and the police in
connection with the referendum in East Timor. The Special Rapporteur drew the Government's
attention to serious concerns expressed over the safety of pro-autonomy defenders, foreign
journalists and international aid workers who were being terrorized by pro-integrationist militia.
Two pro-autonomy youths were reportedly stabbed to death in the Becora area of Dili, while at
least three people favouring independence died from gunshot wounds.
251. On 8 September 1998, the Special Rapporteur sent ajoint urgent appeal in conjunction
with the Chairman-Rapporteur of the Working Group on Arbitrary Detention, the Special
Representative of the Secretary-General on internally displaced persons and the Special
Rapporteur on the question of torture regarding the massive human rights violations committed
in East Timor. Attacks by regular and irregular armed elements had reportedly resulted in the
deaths of over 100 individuals, widespread infliction of torture and other forms of ill-treatment,
involuntary or enforced disappearances of thousands, and the forced displacement of
some 200,000 individuals.
252 On 13 September the Special Rapporteur sent ajoint appeal with the Special Rapporteur
on the question of torture expressing their concern over the safety and physical integrity of
Mau Hodu, a member of the National Council of Timorese Resistance and the Central
Committee of the political party Fretlin. Mau Hodu was allegedly arrested on 8 September 1999
in Dili by a joint Indonesian National Army (TNT) and militia team.
253. On 17 September the Special Rapporteur transmitted an urgent appeal to the Government
jointly with the Special Rapporteur on the question of torture and the Chairman-Rapporteur of
the Working Group on Arbitrary Detention expressing concern for the safety of
Father Ant6nio Gon alves, Yosep Suherman and Charles Peter Nono who were allegedly
detained by the TNT and militia.
Communications sent
254. OEe Special Rapporteur transmitted to the Government 13 allegations of violations of the
right to life.
255. On 24 September 1998, a member of the Tndonesian military allegedly raped and killed
Anastacia de Assun Ao, a 21-year-old woman from the village of Assalimo in Los Palos. Tt has
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been reported that Anastacia de Assun Ao was the niece of a commander of the Falintil, the
armed Timorese resistance movement. She had reportedly been beaten with a stone and
sustained serious injuries including a fractured skull and a broken neck.
256. On 9 November 1998 ffive unidentiffied civilians were allegedly executed by the military.
It has been reported that the ffive civilians were arbitrarily arrested in Alas and taken away in a
military truck.
257. On 3 January 1999, Asiri Dutel Ferreira, JoAo Martins and an unidentiffied civilian were
reportedly killed by a militia called Mati Hidup Degan Integrasi (MAHIDIN) in Manutasi
village, Ainaro district. According to reports MAHIDIN militia shot at several East Timorese
youths who had approached a MAHIDIN post in Manutasi in an attempt to reconcile past
differences. Aifier being attacked the youths reportedly fled. Meanwhile, another large group of
youths went to the MAHIDIIN post to plead for reconciliation. MAHIDIN members allegedly
attacked the group, killing Renaldo Orleans.
258. On 24 January, Fernando Cardoso, a farmer from Hudai hamlet, Carabau village,
Bobonaro district, was allegedly shot in the head and killed by members of the MAHIDIN
militia and Indonesian military personnel from the marine post in Ainaro. It has been reported
that his death was corroborated in a media interview by the head of a Dili-based movement for
reconciliation and unity of the people of East Timor.
259. According to reports, Olandino Pereira, Angelica de Jesus and Luis Pereira were shot
dead, allegedly by military and civilian militia groups, in the village of Galitas, Zumalai
subdistrict, on 25 January 1999. Angelica de Jesus is thought to have been pregnant.
260. According to reports, Jamaluddin Nurdin, Irwansyahbin Usman, Hasbi Saleh,
Jrwanbin Matsyah, Jailani Muhammad, Karimuddin Ibrahim and Syaifulbahri bin Yusuf were
killed, allegedly by soldiers, at Idi Cut in East Aceh on 3 February 1999. It was reported that a
crowd of people were making their way home from a meeting when they were ffirst pelted with
stones allegedly thrown from the direction of the military post at Idi. According to the source, at
around 1.00 am., shots were ffired indiscriminately into the crowd, as a result of which the
above-mentioned persons were killed.
261. On 14 February 1999, Benedito de Jesus Pires was allegedly shot in the head and killed
in west Dili by a mobile police brigade offcer (BRIMOB) with a sniper rifle who had allegedly
opened ffire on a crowd.
262. According to reports, on 24 February 1999, at least seven soldiers allegedly began ffiring
into a crowd and in the air in the Becora district of Dili. It was reported that the incident
occurred during a funeral near the Becora army barracks. Francisco da Concei Ao Hornai was
reportedly shot dead at the scene. Joaquim de Jesus reportedly died of his wounds at the Motael
clinic.
263. According to reports, on 6 April 1999 Indonesian and paramilitary troops allegedly killed
with guns and hand grenades Felisberto dos Santos, Agostinho dos Santos, Llidio dos Santos,
Laurindo da Costa, Jacinto da Costa, Gil Tiago, Augusto Mouzinho, Joanico de sa Freitas,
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Manuel Lisboa and three unidentiffied people in the church of Liquica where as many as 2,000
civilians had reportedly sought refuge from intimidation and violence at the hands of
paramilitary groups in the neighbouring districts.
264. According to reports on 17 April Manuel CarrascalAo and Manuel Pinto were killed at a
pro-autonomy rally in Dili, allegedly by members of the militias.
265. According to reports, on 16 May 1999, in the village of Atara, Jose Lisu, JoAo Sarmento,
Abel de Jesus, Sidoni Leo, Urbano Pereira, Paulo dos Reis, Rogerio Tab Aci,
Agostinho de Jesus, Jose Justiano, Urbano Gon alves, Abel Gon alves, Paulo de Jesus and
JoAo Leo Mali were allegedly killed in an early-morning raid on the village. It was alleged that
the pro-integration militia group Pancasila and the TNT were responsible for the killings.
266. According to reports, on 10 September, Francisco de Vasconcelos Ximenes was allegedly
shot on the road to Baucau, reportedly by militia and Indonesian police. He reportedly died the
following day.
267. According to reports, Father Albert Garim, a German priest, was killed
on 11 September 1999 by members of Kopassus (special forces command of the Indonesian
military) in Dare.
Communications received
268. On 3 December 1998 the Government transmitted a communication to the Special
Rapporteur regarding the alleged killing of 40 people in connection with a military operation in
the subdistrict of Alas in East Timor. OEe Government informed the Special Rapporteur that
on 9 November the Alas military post was attacked by a separatist group. OEree military
personnel and one civilian were killed in the attack and two other military personnel were
abducted and taken hostage. Immediate measures were taken by the military against the
perpetrators and ffive of them were arrested and one was killed during the incident.
269. On 4 January the Government transmitted a letter with clariffications regarding the
following persons who were allegedly killed and reported on in last year's report.
270. Manuel Soares, who was killed on 27 June 1998, died, according to the Government's
information, in a clash between pro-integration and pro-independence protesters during the visit
of the European Union delegation to Los Palos.
271. According to the Government, Olandino Marcelino da Costa died in Baucau
on 29 June 1998 when a crowd of protesters, who had assembled to greet the European Union
delegation, became angry when a van carrying security forces appeared. OEe crowd attacked the
vehicle and a member of the security forces panicked. In an attempt to disperse the crowd, he
ffired his gun from inside the vehicle, killing Olandino Marcelino da Costa. The member of the
security forces responsible for the death of Olandino Marcelino da Costa was at the time of the
communication being tried at the Dili Military Court.
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272. Herman das Dores who was shot to death by a member of the security forces from
the 315 Territorial Battalion on 16 June 1998. According to the information received from the
Government, the offcer responsible was found guilty, sentenced to 11 years' imprisonment and
was dismissed from the military.
273. An investigation had been opened into the deaths of Carlos da Costa and Carlos da Silva.
274. According to the information received from the Government, Mrs. Sangkeh was killed in
a clash between local people and members of the Bugis community in Sorong, Irian Jaya,
on 2 July 1998, in which a number of houses belonging to the Bugis community were set on ffire.
OEe security forces tried to break up the clash by shooting in the air and one of the bullets hit
Mrs. Sangkeh. A thorough investigation into the case was, at the time of the communication,
under way. The competent authorities were willing to continue their investigations concerning
Davis Kapisa.
Observations
275. For a detailed discussion of the crisis in East Timor, reference is made to the joint report
of the Special Rapporteurs on extrajudicial, summary or arbitrary executions, on the question of
torture and on violence against women on their visit to East Timor in November 1999. The
Special Rapporteur further notes with concern that there are indications that Indonesia may, aifier
several years of de facto moratorium on executions, soon resume carrying out death sentences.
Iran (Islamic Republic of)
Urgent appeals
276. OEe Special Rapporteur sent four urgent appeals to the Government during the period
under review.
277. OEe Special Rapporteur transmitted one urgent appeal on 9 December 1998 concerning
the death sentence of Karim Tuzhali aifier having been informed that he had been tortured while
in prison. He was reportedly facing the death penalty for his former membership in the
Kurdistan Democratic Party of Iran.
278. On 15 December 1998 the Special Rapporteur, together with the Special Representative
on the situation of human rights in the Islamic Republic of Iran and the Special Rapporteur on
freedom of opinion and expression, transmitted a joint urgent appeal to the Government
concerning reports of what was described as a pattern of murders and disappearances of
prominent Iranian writers and government critics. It was reported that in November 1998 the
writers Majid Sharif, Mohammad Mokhtari and Mohamad Jafar Pooyande were found dead aifier
having disappeared on 23 November 1998 and 3 and 9 December, respectively. The urgent
appeal also mentioned the murders of Dariush Forouhar and his wife, both prominent critics of
the Government. Both Special Rapporteurs and the Special Representative expressed their
concern over the safety of the intellectual, critic and editor Pirouz Davani who reportedly went
missing on 25 August 1998. OEey also asked the Government to provide them with information
concerning the murders of the persons mentioned above.
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279. OEe Special Rapporteur transmitted an urgent appeal jointly with the
Chairman-Rapporteur of the Working Group on Arbitrary Detention on 10 June
concerning 13 members of the Jewish community who were reportedly arrested on 21 March in
the cities of Shiraz and Isfahan. It was reported that they were not informed about the reasons
for their detention.
280. OEe Special Rapporteur further sent an urgent appeal to the Government concerning the
announcement of death sentences on 16 September 1999 by Gholamhossein Rahbarpur,
President of the Tehran Revolutionary Court, against four students arrested during the
demonstrations which began on 8 July 1999, when a group of students gathered outside
university hostels in Tehran in an apparently peaceful protest against the closure of the daily
newspaper Salam . It was reported that the authorities did not publicly announce the basis for the
detention of those arrested aifier the demonstration. In a communication to the Government the
Special Rapporteur made further reference to the detention of the 13 Iranian Jews held since
March 1999. It has been reported that the reason for the detention is still unknown.
Communications received
281. On 12 January the Government reported that following the murder of ffive Iranian citizens
the President of the Islamic Republic of Iran appointed a special committee to investigate the
killings and to identify the perpetrators in order to bring them to justice. OEe Ministry of
hiformation, cooperating fully with the committee, succeeded in identifying the group behind the
killings and arrested its members, who were referred to the judiciary to stand trial. Some Iranian
off cers were among the suspects.
282. On 24 June 1999 the Government replied to the urgent appeal transmitted on 10 June,
stating that the suspects had been arrested on charges of espionage and that their religious beliefs
had not been a factor in their arrest, as the case was a matter of national security.
283. During the period under review, the Special Rapporteur received reports concerning the
execution of hundreds of political prisoners detained in penitentiaries throughout the country.
Sources claim that the reported deaths in these facilities are part of a so-called prison cleansing
campaign”, which was ordered by the head of the Special Security Organization. The sources of
these grave allegations also assert that the detainees were convicted because of their supposed
opposition to the Government and aifier trials that did not meet international standards. The
Special Rapporteur continues to receive reports of extensive use of the death penalty for
drug-related oLences and economic crimes in Iraq.
Urgent appeals
284. On 24 February 1999, the Special Rapporteur sent a joint urgent appeal in conjunction
with the Special Rapporteur on the question of torture on behalf of a number of persons arrested
in connection with the killings of Ayatollah Mohammed Sadeq al-Sadr and his two sons on the
night of 18 February 1999. Widespread protests had reportedly erupted at the news of the
killings, particularly in the Shia-dominated district of al-Hawra in Baghdad and in the southern
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cities of Karbala', al-Nassiriya, al-lila and al-Najaf. Security forces had reportedly opened
ffire killing dozens of protesters. Several hundred others were said to have been arrested.
Communications received
285. By letters dated 8 and 19 March 1999 the Government responded to the urgent appeal
referred to above. According to the Government, an investigation was being undertaken in
relation to the murder of Ayatollah Mohammed Sadeq al-Sadr and his two sons. Four
individuals had been arrested on suspicion of having carried out a fatwa, issued in a manner
inconsistent with Islamic values and traditions, against the late Ayatollah. The Government
denied that widespread protests had taken place aifierwards. With regard to the arrested suspects,
the Government replied that allegations of ill-treatment were biased.
Israel
Communications
286. OEe Special Rapporteur was informed that on 22 June 1997 Ibrahim Tawffiq Abu Ratma
was shot and wounded, allegedly by an Israeli soldier aifier refusing to follow his orders. It has
been reported that the 14 year-old child was both deaf and blind. Ibrahim Tawffiq Abu Ratma
was reportedly taken to Shifa hospital where he died on 3 July 1997.
287. On 7 December 1998, Naser Erekat was allegedly shot in the head by Israeli security
forces as he was bringing his younger brother down from the roof of the family house. He
reportedly died in hospital two days later.
288. On 9 December 1998, Jihad Ayyad was shot and killed allegedly by Israeli security
forces during a protest demonstration in Al-Birch.
289. On 11 December 1998, Kamal Abu Adwan and Muhammad Sulayman GAmer were
allegedly shot dead by Israeli soldiers during a demonstration demanding the release of
Palestinian political prisoners in Qalqiliya.
290. On 17 December 1998, Muhammad Ahmad Da'ud was shot allegedly by a member of
the Israeli Defence Force during a protest against the Allied bombings of Iraq. Ten other persons
were reportedly injured in connection with the same demonstration. Demonstrators were
reportedly throwing stones at the Israeli security forces when the soldier opened ffire.
Jamaica
291. OEe Special Rapporteur transmitted one urgent appeal to the Government on 22 January
concerning the imminent execution of Patrick Taylor, Anthony McLeod and Christopher Brown.
Mr. Taylor was reportedly scheduled for execution on 26 January 1999. The Special Rapporteur
recalled that on 18 July 1997, the United Nations Human Rights Committee recommended that
Mr. Taylor's death sentence be commuted, after having found that his rights under the
International Covenant on Civil and Political Rights had been violated on several accounts (see
CCPRIC/60/D/707/1996). The Committee concluded, inter alia , that the defendant's right to be
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page 51
tried without undue delay had been violated, and that the failure to provide Mr. Taylor with legal
aid for the purpose of ffiling a constitutional motion deprived the defendant of an opportunity to
test the irregularity of his criminal trial in the Constitutional Court in a fair hearing. It also found
that Mr. Taylor was being kept in prison conditions which violated his right to be treated with
humanity and respect for the inherent dignity of his person, under article 10, paragraph 1, of the
Covenant. OEe Committee concluded that Mr. Taylor's death sentence had been passed aifier a
trial that did not meet the requirements set out in article 14 of the Covenant.
292. Mr. Anthony McLeod's execution was reportedly scheduled for 26 January 1999. The
Special Rapporteur had been informed that on 31 March 1998, the United Nations Human Rights
Committee recommended that a new appeal be heard in Mr. McLeod's case or, failing that, that
he be released. This recommendation was based on a ffinding that Mr. McLeod did not have
adequate assistance of legal counsel in preparing his appeal, which constituted a violation of the
defendant's right to a fair trial under article 14. OEe Committee also concluded that the prison
conditions in which he was being held were such as to violate his right to be treated with
humanity and respect for the inherent dignity of his person, under article 10, paragraph 1, of the
Covenant.
293. Mr. Christopher Brown was reportedly scheduled to be executed on 28 January 1999,
despite having a petition pending before the United Nations Human Rights Committee. OEe
petition (Communication No. 775/1997) included allegations regarding violations of a number of
fair trial standards in Mr. Brown's case. It was alleged, inter alia , that Mr. Brown had not been
promptly notiffied of the charges against him, that he had been ill-treated in detention, that he did
not have adequate access to legal counsel aifier his arrest, and that he was not given adequate
time and facilities to prepare his defence. The Special Rapporteur pointed out that the Human
Rights Committee intended to consider Mr. Brown's case at its session in March-April 1999.
Communications received
294. On 1 March the Government of Jamaica replied to the urgent appeal transmitted by the
Special Rapporteur on 22 January, stating that the rights to life, to a fair trial and to protection
from inhumane or degrading treatment were fully guaranteed and protected by the Constitution
of Jamaica. According to the Government all accused persons have the full beneffit of due
process of law, including appeals to the Court of Appeal of Jamaica and the right to appeal to the
Judicial Committee of the Privy Council. The Government underlined that the imposition of the
death penalty in Jamaica is in accordance with Jamaican law, with all necessary protection of the
rights of the accused and is fully in keeping with the obligations of Jamaica under international
human rights instruments which accept the imposition of capital punishment.
Observations
295. OEe Special Rapporteur shares the view expressed on numerous occasions by the Human
Rights Committee, that the imposition of a death sentence upon conclusion of a trial in which the
provisions of the Covenant have not been respected constitutes a violation of article 6 of the
Covenant, if no further appeal against the sentence is possible. She wishes to remind the
Government of Jamaica that the cases described above were submitted for the Committee's
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consideration before Jamaica's denunciation of the Optional Protocol became eLective
on 23 January 1998, and therefore continue to be subject to the application of the Optional
Protocol.
Japan
296. OEe Special Rapporteur is concerned that at a time when Japan should be taking a leading
role in protecting human rights in the region and despite the international trend towards the
abolition of the death penalty, Japan still continues to execute death sentences. The Special
Rapporteur received reports about the execution of two prisoners on 17 December. The
information brought to the Special Rapporteur's attention reveals that most executions are
carried out in secret, without the families of the convicts being informed of the execution. OEe
Special Rapporteur deeply regrets this practice, which is not in line with the United Nations
Human Rights Committee's recommendation, made in October 1998, that Japan take steps to
abolish the death penalty. The Committee also expressed serious concern about the conditions
under which persons are held on death row. It recommended that the prison conditions be
brought into line with the provisions of articles 7 and 10 of the International Covenant on Civil
and Political Rights.
Kuwait
297. OEe Special Rapporteur welcomes the letter from the Permanent Mission of Kuwait to
the United Nations Off cc at Geneva addressed to the Offfice of the High Commissioner for
Human Rights concerning Commission on Human Rights resolution 1999/16, entitled
Cooperation with representatives of United Nations human rights bodies”, in which the
Government reported that, with a view to providing further facilities for United Nations staL and
employees, the State of Kuwait had acceded to the Convention on the Privileges and Immunities
of the United Nations and the Convention on the Privileges and Immunities of the Specialized
Agencies of the United Nations. The Special Rapporteur believes that the Government's
decision will facilitate cooperation between Kuwait and the United Nations human rights organs
and representatives.
Malaysia
298. OEe Government of Malaysia transmitted a communication on 17 March to the Special
Rapporteur concerning the death of Enyang Ak Gendang, Usman bin Muhammad and eight
Indonesians who had been forcibly repatriated by the Malaysian police from immigration
detention camps. OEese cases were discussed in the Special Rapporteur's report to the
ffiifiy-fiifih session of the Commission on Human Rights (E/CN.4/1999/39/Add. 1, para. 128).
Regarding the case of Enyang Ak Gendang, the Government stated that following the incident in
which the victim was killed, the police suggested that the Sarawak Land Custody Development
Authority and the Empressa company arrange a dialogue with the Iban indigenous community
with a view to compensating the Ibans as promised. OEe Government reported that since the
incident Empressa and its subcontractors had ceased their operations.
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299. Concerning the case of Usman bin Muhammad, the Government stated that he was given
medical attention at the Macap Umboo Detention Centre but despite this attention he died on
10 November 1997. His body was sent to the Melaka General Hospital for an autopsy, where it
was determined that he had died of natural causes.
300. Regarding the eight Indonesian nationals, the Government reported that at the Semenyih
and Macap Umboo Detention Centres illegal migrants had instigated violent riots to avoid being
returned to their countries of origin. At Semenyih, as a result of the most violent rioting by
illegal migrants, seven migrants and a Malaysian policeman lost their lives.
Mexico
301. By letter of 19 February, the Government of Mexico invited the Special Rapporteur
to visit that country. In response to that invitation, the Special Rapporteur and her team visited
Mexico from 12 to 24 July. For a more detailed description of the visit, reference is made to the
Special Rapporteur's mission report (E/CN.4/2000/3/Add. 3).
302. During the period under review, the Special Rapporteur sent seven urgent appeals and
two allegations regarding violations of the right to life. During the period under review, many
reports were received of death threats against and harassment of human rights defenders,
particularly non-governmental organizations.
Urgent appeals
303. Human rights activists. OEe Special Rapporteur, together with the Special Rapporteur
on the right to freedom of opinion and expression, sent two urgent appeals regarding death
threats received by members of the non-governmental organization Centro de Derechos
Humanos Miguel Agustin Pro-Ju5rez on 6 and 16 September and 1 November. It was reported
that workers at this organization had received several death threats since 3 September 1999. On
28 October, a group of individuals allegedly entered the home of Digna Ochoa y Plitcido, the
organization's Legal Coordinator, and the offces of the Centro de Derechos Humanos
Miguel Agustin Pro-Ju5rez in Mexico City. Digna Ochoa y Plitcido was allegedly assaulted,
interrogated and harassed by the individuals who entered her home. She was questioned about
her alleged contacts with the Ej&rcito Zapatista de Liberaci6n Nacional (EZLN) (National
Liberation Zapatista Army) and the Ej&rcito Popular Revolucionario (EPR) (Popular
Revolutionary Army). OEe questioning reportedly went on till the morning of 29 October, at
which point, before leaving the house, the assailants tied Ms. Ochoa y Plitcido to a butane gas
container. In August, the Special Rapporteurs on extrajudicial, summary or arbitrary executions
and on freedom of opinion and expression sent an urgent message to the Government informing
it of death threats received by all of the members of the Centro de Derechos Humanos
Miguel Agustin Pro-Ju5rez, particularly Digna Ochoa y Plitcido and the director of the Centre,
Edgar Cortez Morales.
304. Lawyers and researchers. On 5 October, the Special Rapporteur sent an urgent appeal
to the Government of Mexico aifier being informed of death threats received by Jorge Luis Sierra
and Alberto Enriquez del Valle, two researchers specializing in the armed forces. OEey both
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allegedly received death threats to force them to abandon the research concerning the Mexican
army they were carrying out together with federal deputy Gilberto L6pez y Rivas.
305. Journalists. On 15 February, the Special Rapporteur, together with the Special
Rapporteur on the right to freedom of opinion and expression, drew the attention of the
Government of Mexico to the attack on and death threats received by Enrique Guti&rrez, a
journalist from the local newspaper El Sur , while he was covering the elections of 7 February in
Acapulco, Guerrero State. The incident took place in La Glorieta de Puerto Marques, when the
journalist was gathering information on alleged irregularities in the electoral process, attributed
to election offficers from Polling Station 308 and staL working for the municipal government
who were members of the Institutional Revolutionary Party (PRI). On 15 February, the two
Special Rapporteurs sent an urgent appeal to the Government concerning threats received by
staL of the magazine La Guillotina . It is alleged that on 8 April 1999 Carina Ochoa, a journalist
from that magazine, was attacked by a man and questioned by him about her recent trip to Spain
and about meetings she was supposed to have had there with various trade unions. Carina Ochoa
was reportedly threatened with death if she carried on with her work. According to the
information received by the two Special Rapporteurs, staL from the magazine had received death
threats on previous occasions. On 15 March, two of the magazine's employees who had just
ffinished recording a public meeting between local people and the EZLN were reportedly
attacked by two armed men who robbed them of their ffilm equipment. On 16 July, the Special
Rapporteurs sent a joint urgent appeal to the Government informing it of death threats received
by Jesiis Barraza Zavala, editor of the weekly Pulso in the city of San Luis Rio Colorado, Sonora
State. According to the information received, the threats were related to an article published in
the weekly which linked a former governor of Quintana Roo with drug traffcking. The weekly
had previously published an article drawing attention to the alleged involvement of the Federal
Judicial Police in drug traffcking and calling for inquiries into the matter. The source of the
information informed the Special Rapporteurs of various attacks and threatening visits to which
Jesiis Barraza Zabala and his bodyguard had been subjected. In their urgent appeal, the Special
Rapporteurs reminded the Government of Mexico that Benjamin Flores Gonz5iez, a former
editor of the same weekly, had been murdered on 15 July 1997.
306. Peasants. On 19 May, the Special Rapporteur, together with the Special Rapporteur on
the question of torture, sent an urgent appeal to the Government concerning the peasant
Evaristo Albino T&llez, aged 27, and Antonio Mendoza Olivero, aged 12. It is reported that the
two leifi Barrio Nuevo San Jos&, part of the autonomous municipality of Rancho Nuevo
Democracia, Guerrero State, to work in the flelds. When they failed to return, the following day
the sister-in-law of Evaristo Albino T&llez, Francisca Santos Pablo, aged 33, and the boy's
grandmother, Victoriana V&quez S5nchez, aged 50, went out to look for them. When the
women reached the plot of land they encountered a large group of soldiers, who had made an
incursion into the Mixtec indigenous area of the municipality of Tlacoachistlahuaca on
19 April 1999. When they saw the soldiers, the women tried to flee but were caught and raped
by the soldiers. The two women managed to return to Barrio Nuevo San Jos& and tell
community leaders what had happened. According to the information received, the soldiers
patrolled the plot of land for several days so that no one from the community dared approach for
fear of new attacks. On 28 April 1999, aifier the soldiers leifi, traces of blood, the child's sandals,
cartridge cases, bloodstained rubber gloves and a mask were found. While the soldiers were at
the site, they also allegedly beat Ruffino Ramirez Santos and a 10-year-old girl who was with
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him. These facts were reported to the National Human Rights Commission and to the state
Human Rights Commission. OEey were also brought to the attention of the Public Prosecutor's
Offce of Ometepec and the judge of the court of ffirst instance of the same place, who for two
days allegedly refused to grant the equivalent of a habeas corpus application as long as
Antonio Mendoza and Evaristo Albino did not appear before the authorities. On 7 May, the state
Human Rights Commission is said to have informed the relatives of Antonio Mendoza and
Evaristo Albino that they had been killed by soldiers. The soldiers claimed that Evaristo and
Antonio had ffired shots at them. According to the information received, the Public Prosecutor's
Offce of Ometepec, where the dead bodies had been taken, knew of the deaths of Evaristo and
Antonio well before the family was informed. When relatives consulted the coroner's off cc in
Acapulco, they learnt that Antonio Mendoza had died as a result of loss of blood caused by a
single gunshot wound in the leg.
Communications sent
307. OEe Special Rapporteur also sent three complaints of violations of the right to life of the
following persons.
308. On 4 March 1999, according to the source, two individuals wearing the uniform of
the State Judicial Police killed Aurelio Peffialoza Garcia. Although two witnesses have
testiffied that Aurelio Peffialoza Garcia was in the street beside his house, according to the
Offce of the Attorney-General he was in his home and was shot dead by two individuals who
entered the house. Jesiis Alvear P&rez was reportedly also killed in the same incident.
Aurelio Peffialoza Garcia was coordinating the election campaign of F&lix Salgado Macedonio,
who was running for governor of Guerrero State as the representative of a coalition of three
political parties (the Democratic Revolution Party (PRD), the Labour Party (PT) and the
Workers Revolutionary Party (PRT)).
309. On 6 December 1998, a white Ford van reportedly driven by offcers of the local police
force of El Paraiso, municipality of Atoyac de Alvarez, Guerrero, parked outside a caf& in which
Vicente Marcelo Garcia was sitting with his 17-year-old son. OEe police off cers allegedly
dragged Vicente Marcelo Garcia out of the caf&, while his son managed to escape.
Vicente Marcelo Garcia's body was found shortly aifierwards in a street near the caf&.
310. On 15 September 1999, according to information received by the Special Rapporteur, a
group of soldiers were in the village of Xoxocapa. OEe offcer-in-charge ordered the soldiers to
return to camp on a hillside at Xalcuatla. Six of them reportedly disobeyed the order and went to
the nearby village of Tlazoquico. A few hours later, the six soldiers returned to Xoxocapa where
they went to a dance. Following an argument with a group of youngsters, the soldiers allegedly
opened ffire, one of their bullets hitting Magdaleno Hern tndez Escobar, who died instantly.
Communications received
311. By letter of 6 January, the Government of Mexico sent the Special Rapporteur a copy of
the White Paper on Acteal in reply to her urgent appeal of 16 January 1998, following the events
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page 56
of 22 December 1997 when 45 indigenous Tzotziles displaced to the area of Acteal were killed
in the municipality of Chenalho, Chiapas State. Details of the case can be found in the report of
the Special Rapporteur on her visit to Mexico (E/CN.4/2000/3/Add.3).
312. By letter of 30 March, the Government informed the Special Rapporteur of progress in
the inquiry into the alleged killing of Cenobio Sixto Santos on 26 March 1998 by members of the
Federal Army (see E/CN.4/1999/39/Add. 1, para. 133). OEe Government stated that
Cenobio Sixto Santos had been wounded by a bullet during the operation, but he had not died.
OEe Government pointed out that as a result of the events of 26 March 1998 in the community of
Barrio Nuevo San Jos&, municipality of Tlacoachistlahuaca, Cenobio Sixto Santos and
Herminio Sixto S tnchez had been taken into custody by the relevant authorities.
313. By letter of 6 April, the Government informed the Special Rapporteur of progress in the
inquiry into the killings of Danile Cohn Enciso, Juan Carlos Moreno and Ivan Moreno, in
Colonia de Buenos Aires, Mexico City. The Government said that the hearings of witnesses, as
well as reconstructions and visual checks, had been completed. The cause of death, according to
the death certifficate, was gunshot wounds. The Public Prosecutor's Offfice was in charge of the
inquiries and proceedings had been initiated in Federal District Criminal Court 19. OEe
ministerial inquiry was still open. OEe perpetrators had not yet been identiffied and therefore no
punishment had been handed down. Any punishment would depend on the judicial decision in
the case. OEe Government said it had paid the families of the victims compensation of
400,000 new pesos for each person killed.
314. By letter of 6 April, the Government provided information on the death of
Gerardo Villarreal on 26 February 1998 in Linares, Nuevo Le6n State. According to reports,
Gerardo Villareal died aifier having been ill-treated by members of the State Judicial Police
(E/CN.4/1999/39/Add. 1, para. 134). OEe Government said that the cause of death given on the
death certifficate was hypovolaemic shock as a result of deep bruising of the abdomen. OEe
Offce of the Government Prosecutor of Nuevo Le6n was in charge of the inquiry. Criminal
proceedings were under way in the mixed-jurisdiction court of ffirst instance of the sixth judicial
district of the state, in Linares, Nuevo Le6n. OEe Government reported that the killer had not yet
been identiffied, but the evidence pointed to members of the former State Judicial Police (no
names could be given at this point in the trial). OEe persons involved were no longer on active
duty while awaiting the judgement in the criminal case. No compensation had yet been paid to
the victim's family in order not to violate the provisions of article 145 (iii) of the Penal Code in
force in Nuevo Le6n State.
315. In its letter of 6 April, the Government referred to the killing of Mirey Trueba Arciniega
by a member of the armed forces on 22 August 1998 in the municipality of Guadalupe y Calvo,
Chihuahua State (E/CN.4/1999/39/Add. 1, para. 139). OEe Government said that the Human
Rights Commission of Chihuahua State had carried out a number of inquiries, from which it
emerged that the Military Public Prosecutor's Offce had ffiled criminal charges against
Lieutenant Colonel Luis Ra l Morales Dominguez of the Mexican army for the murder of
Mirey Trueba Arciniega. The court of ffirst instance of Mina Judicial District had declared itself
not competent to try the case and referred the case to the military court attached to the Third
Military Region, located in Mazathtn, Sinaloa.
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page 57
316. In its letter of 3 June, the Government informed the Special Rapporteur about the Off cc
of the Special Prosecutor for Investigating the Killing of Women in Ciudad Ju5rez, set up on
10 February 1998. OEe Government also provided information on action taken, such as the
reorganization of the specialized unit and the reallocation of tasks assigned to it. OEe
Government said a general analysis had revealed that in the various criminal courts located in
Ciudad Ju5rez, 145 suspects had been charged with the killing of women, in a total of 103 cases.
OEe Offce of the Special Prosecutor was working on 65 cases relating to 67 victims. OEe bones
of 23 of the victims were still undergoing various tests, but in the other 44 cases the victims had
been identified and the corresponding inquiries were being carried out. OEe Government
informed the Special Rapporteur that between 4 October 1998 and the time of writing, the deaths
of 16 women in Ciudad JIIrez had been recorded, 14 of which were cases of homicide. OEe
Government said that those suspected of being responsible for those 14 cases had been arrested
and charged.
317. On 10 August, the Government provided the Special Rapporteur with information on
measures taken with respect to the urgent appeal she had sent on 16 July concerning death
threats made against Jesiis Barraza Zavala, allegedly by members of the Federal Judicial Police
in the city of San Luis de Rio Colorado, Sonora. OEe Government informed her that on 16 June
the Government Prosecutor of the State of Sonora had been requested to take measures to protect
Jesiis Barraza Zavala. On the same day, the Government requested the Offce of the
Attorney-General of the Republic to take appropriate measures to determine whether members of
the Federal Judicial Police had been involved in the incidents, and, if so, to threaten to use the
enforcement measures at its disposal to prevent them from taking any direct or indirect action
against Jesiis Barraza Zavala, and to guarantee his safety. OEe Deputy Prosecutor in charge of
supervising proceedings in the Government Prosecutor's Off cc of the State of Sonora had
informed the Government that although some measures had been taken to guarantee his security,
it was not possible for the State Judicial Police to provide him with full-time personal protection
because of budget constraints. OEe Government reported that Jesiis Barraza Zavala was in
constant contact by phone with offcials of the General Coordination Board for the Programme
to Deal with OLences against Journalists and Human Rights Activists.
318. On 22 September, the Government of Mexico sent a communication to the Special
Rapporteur concerning death threats against members of the Human Rights Centre
Miguel Agustin Pro-Ju5rez and, in particular, against Digna Ochoa y Plitcido and
Edgar Cortez Morales. In that communication, the Government of Mexico condemned all forms
of threats against civilian organizations. OEe Government reported that mechanisms had been
established under article 40 of the National Human Rights Commission (CNDH) Act to provide
expeditious preventive measures for persons exposed to such threats. According to the
Government, CNDH gave the dossier to its Fourth General Inspectorate, in charge of
coordinating the programme for assistance in case of injury to journalists and civilian human
rights defenders. With the consent of the injured parties, CNDH requested the offce of the
Minister of Public Safety to take precautionary measures to ensure the physical and
psychological well-being of Digna Ochoa y Plitcido and members of the Centre. On
6 September, at the request of CNDH, off cials from the offce of the Minister of Public Safety
and from the Federal District were contacted and the surveillance measures to be adopted in
order to provide the requisite protection were agreed upon. OEe Off cc of the Government
Procurator of the Federal District, aifier taking a statement from the complainant and witnesses,
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began preliminary investigations into the allegations. On 13 December the Government
informed the Special Rapporteur that all the measures to ensure the security of the members of
the Human Rights Centre Miguel Agustin Pro-JIIrez had been taken.
Observations
319. OEe Special Rapporteur draws attention to the recommendations contained in the report
prepared on her visit to Mexico (E/CN.4/2000/3/Add.3). She is deeply concerned at the
continued threats against human rights defenders, journalists and anyone investigating alleged
irregularities on the part of the State authorities.
Myanmar
Communications
320. OEe Special Rapporteur has been informed that on 4 August 1998, Sai La Awng, his wife
Nang Zarm and their two children were staying overnight at their farm when about 40-50 State
Peace and Development Council (SPDC) troops reportedly led by Capt. OEein Soc from Lai-Kha
came and accused them of acting as informers for the resistance. OEey allegedly beat and kicked
both the husband and wife. Nang Zarm and the children were then told to leave the farm, and
while doing so they reportedly heard gunshots. Nang Zarm allegedly found the dead body of
Sai La Awng the following day.
321. OEe Special Rapporteur has been informed that on 4 September 1998, about 100 SPDC
troops, reportedly led by Maj. Soc Phyu surrounded and shot dead Loong Su, Sai Seng,
Mang Non Hawm, Nang Naw, Sai Ti-ya, Sai Aw-tae-ya and Nang Nu Ne. OEe soldiers had been
told that members of the Shan armed resistance were holding a public meeting at the village in
question, but when the soldiers arrived only the above-mentioned, reportedly unarmed villagers
were present, eating and drinking. The soldiers then shot them.
322. OEe Special Rapporteur has been informed that Loong Uay, Pa OEuay, Wi Ling,
Nang Mawn, Sai Kyaw and Nang Nim, originally fflom Loi Pha village, Wan Long tract, but
forcibly relocated to the town, were killed on 7 September 1998, allegedly by SPDC troops led
by commander Myint Lwin. Some 40 soldiers reportedly arrested the men, tied them up and
asked for money. Aifier some discussions all six of them were allegedly shot dead.
323. OEe Special Rapporteur has been informed that on 10 September 1998, 13 villagers were
shot dead by SPDC troops led by Maj. Maung Them. Apparently, the persons killed were part of
a group of villagers who had been relocated in 1997/98, only to be relocated again to Wan Lao,
Sai Khao and Paeng Kharn villages. On 10 September 1998, a convoy from Tawnggi
(Taunggyi) carrying 120 soldiers allegedly stopped at Kai Lam village on Kun Hing-Kho Lam
road. OEey went on foot to Wan Lao village where they reportedly shot the 13 villagers.
324. OEe Special Rapporteur has also been informed that about 100 SPDC troops based in
Nam-Zarng were patrolling the area of Kaeng Tawng, Murng-Nai. OEey allegedly seized
Loong Saw-Nan-Ta and forced him to work as a guide and porter. On 11 September 1998, while
resting overnight at the monastery compound at Wan Kard village, Loong Saw-Nan-Ta allegedly
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fell ill and could not carry on the next morning. For this reason, the troops reportedly beat
and kicked him to death. Reportedly, troop commander Htoo Nyein also shot dead
Loong Karng Kya, the village headman of Wan Kard.
325. OEe Special Rapporteur has been informed that on 14 October 1998, a patrol of
about 30 SPDC troops allegedly led by commander OEan Nyunt arrived at a farm where
Nang Lam, seven-months pregnant, and her sister Nang Zu were reportedly alone. OEe women
were allegedly accused of being wives of Shan soldiers and beaten, as a result of which
Nang Lam allegedly died.
326. OEe Special Rapporteur has been informed that from 14 to 17 October, SPDC troops
allegedly led by Capt. Aung Khin, were patrolling in Kun-Hing when they allegedly shot dead
Loong Mawng and Loong Pan La, two civilian porters who were serving them, and four local
villagers, Long Kham Leng, Pa Phit, Nang Noe, and Wa-Zit-Ta.
327. It has been reported that SPDC troops allegedly led by Capt. Htun Maung raped four
women who were working on a farm three miles north of Kun-Hing on 19 October 1998. When
Loong Sai and Sai Mint Awng, husbands of two of the women, came looking for their wives the
following day, they reportedly were shot dead by the troops who had been sent to guard the area
surrounding the farm. Allegedly, the rapes continued and the soldiers took the women with them
when they leifi for Kun-Hing. On 21 October 1998, in Kun-Hing, the troops reportedly shot dead
Loong Pan-ta, originally from Kaeng Lom village.
328. OEe Special Rapporteur has been informed that on 5 December 1998, SPDC troops
allegedly led by commander Them Win shot dead Long U and Loong Su Nya, two civilian
porters the troops had recruited two days before. According to reports, aifier two days of
portering, Loong U became too weak to walk. He was allegedly kicked and beaten by soldiers
and then ffinally shot dead.
329. OEe Special Rapporteur has been informed that on 10 December 1998, Capt. Soc Hlaing
raped and killed Nang Sa.
330. On 13 December 1998, Capt. Soc Hlaing and his troops allegedly tortured and killed
Loong Kang Law, the Nawng Kaw village headman, who reportedly had witnessed and reported
the above-mentioned incident to the town community leader. Loong Kang Law was reportedly
arrested, interrogated and tortured to death on the accusation of having a walkie-talkie hidden in
his house.
331. On 20 December 1998, according to reports, about 50 SPDC troops based in Murng Ton
and reportedly led by Maj. Nyan Myint were patrolling the area when they allegedly arrested
Kaw Ling, the village headman, and Pae-Ti, his wife's brother, of tipping oLrebel soldiers to
ambush them. OEe soldiers allegedly interrogated, beat and tortured Kaw Ling and Pae-Ti, and
eventually shot them dead.
332. OEe Special Rapporteur has been informed that a number of porters were killed by SPDC
troops between 2 and 20 December 1998. On 4 December 1998, troops reportedly led by
commander Tan Lat allegedly seized Sarng Aw at Wan Wa village, Ha Wan tract. When
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Sarng Aw became weakened aifier several days without adequate food and rest, the troops
reportedly accused him of defying military orders and beat and kicked him until he died on the
road at the entrance of Long Lurng village, Nawng Tao tract. Other porters reported to have
been killed by SPDC troops in the same period include Loong Su-Ling, Sai Khat Ne c,
Sai Sarng Aw and Loong Sai.
333. OEe Special Rapporteur has also been informed that on 1 January 1999, a group of
women, among them Nang Leng Sa, were carrying rice from their farms to their villages when
they came across a patrol of 70-80 SPDC allegedly led by Commander Myint Scm. Reportedly,
Commander Myint Scm took away Nang Leng Sa, raped her and shot her dead. Allegedly, when
he was about to shoot Nang Leng Sa, Sai Mu, one of the civilian porters, begged for mercy, upon
which Myint Scm reportedly shot him dead as well.
Observations
334. During the period under consideration, at least 53 persons are said to have been killed by
troops of the State Peace and Development Council. At least eight women were reportedly raped
and killed, one of them seven months pregnant. Most victims are said to have been tortured
before they were shot dead. The Special Rapporteur has received no reply from the Government
to her communications.
Nepal
335. OEe Special Rapporteur was informed that human rights violations increased dramatically
aifier the Government launched an operation in several districts in mid-western, western and
central regions of the country in May 1998. The intensiffied police action resulted in an increase
in reports of extrajudicial executions. The Special Rapporteur also received reports of civilians
suspected of being supporters of the armed movement having been deliberately targeted and
extrajudicially executed by the police.
336. On 20 September, the Special Rapporteur wrote to the Government requesting that she be
invited to visit Nepal. The Government has responded positively to the request, and the Special
Rapporteur looks forward to visiting Nepal in early 2000.
Communications sent
337. OEe Special Rapporteur transmitted one communication to the Government concerning
the violation of the right to live of Suk Bahadur Lama. It was reported that on 3 August 1999
Suk Bahadur Lama was on his way to Bhairahawa along with a truck driver, the truck owner's
brother and a businessman. OEey reportedly stopped for the night in Dumkibaas Jyanire,
Newalparasi district. Three of the men spent the night in the truck while the businessman went
to a hotel. A sum of money belonging to one of them was locked in the truck overnight. The
following morning, the money was gone. Suk Bahadur Lama and the two others were arrested
by police from the Dumkibaas Iliaka police post as a result of a complaint ffiled by the
businessman. OEe three men were reportedly taken to Kawasoti Iliaka police post on the
aifiernoon of 4 August 1999, where they affrmed their innocence and requested the inspector to
ffind out who was responsible. OEe inspector reportedly then accused Suk Bahadur Lama of
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having stolen the money. According to the information received by the Special Rapporteur,
Suk Bahadur Lama was taken to the Kali Gandaki hospital on 15 August 1999 with wounds on
the soles of his feet, said to be the result of bums and beatings. He was also allegedly badly
bruised all over his body. Suk Bahadur Lama was reportedly subsequently admitted to
Bir hospital. According to the medical report issued by the hospital, Suk Bahadur Lama was
admitted with pains in the abdomen, bleeding and bruises on his legs and feet. He reportedly
died 12 hours later.
Communications received
338. By letter dated 28 January 1999 the Government responded to the Special Rapporteur's
communication dated 8 October 1998. According to the Government, Tibetans had been
entering Nepal from China. In that connection, in September 1998 the police brought the group
in question to the Ilaka local police offfice of Katari. As they were being interrogated, the group
attacked the police personnel with knives and the police personnel were forced to open ffire in
self-defence.
339. By letter dated 14 December the Government informed the Special Rapporteur
concerning the death of Suk Bahadur that as it became evident in the course of the preliminary
investigation that he had been mistreated while in custody, some police personnel, including the
Police Inspector involved, were suspended immediately. On 16 August a three-member
investigation committee under the coordination of the Ministry of Home Affairs was constituted.
According to the report submitted by the committee, departmental action had been initiated
against the police personnel involved in the heavy-handed treatment. OEe family of the deceased
had been provided ffinancial assistance on behalf of His Majesty's Government.
Nicaragua
Communications sent
340. OEe Special Rapporteur transmitted one allegation of violation of the right to life to the
Government of Nicaragua on behalf of Wilmer Antonio Gonz5iez Rojas who reportedly died in
the prison of Tipitapa on 17 August 1999 aifier being transferred to a high security cell despite
the objections of the prison's doctor.
Communications received
341. No reply from the Government has been received so far.
Pakistan
342. OEe Special Rapporteur is deeply concerned that during the period under review, killings
continued to be committed by the police and members of armed groups, who are allegedly acting
with the support and protection of the Government. Law enforcement offcials, security forces,
paramilitary rangers, intelligence agencies and police off cers have all been accused of
committing extrajudicial executions. OEe Special Rapporteur notes that this year senators have
received public death threats owing to their opposition to various bills.
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343. Allegations were also received concerning so-called OEonour crimes”. A growing
number of extrajudicial, summary or arbitrary executions of women have allegedly been
committed in Pakistan during the period under review. Women in Pakistan continued to be
victims of criminal violence.
Urgent appeals
344. On 12 January the Special Rapporteur transmitted an urgent appeal to the Government of
Pakistan aifier being informed of the following death sentences. It was reported that around 10
civilians who had been sentenced to death for various oLences by military courts in Karachi
during the month of December were awaiting execution pending a decision by the Supreme
Court of Pakistan. It was further reported that two men were executed on 31 December 1998
and 5 January 1999, respectively, within days of their convictions aifier their appeals had been
rejected. These executions were apparently carried out despite the fact that petitions challenging
the constitutionality of the military tribunals that convicted them were still pending before the
Sindh High Court and the Supreme Court of Pakistan.
345. OEe Special Rapporteur noted that the presidential ordinance of November 1998 allowed
for the establishment of military tribunals, which are authorized to try civilians suspected of
speciffied serious crimes within three days of their arrest. OEe Special Rapporteur added that it
appeared that those convicted had had only three days to appeal their sentences, and that the
appeals were to be ffiled with a military court and not the High Court or the Supreme Court, as
would be the case for persons tried in regular courts. OEe Special Rapporteur expressed her
concern that these procedures, under which civilians were being tried in military tribunals with
limited time and possibilities to prepare their defence and appeal their sentences, did not conform
to international standards regarding due process and fair trial.
346. On 21 January the Special Rapporteur informed the Government of Pakistan that
Fatana Gailani, an Afghan human rights activist, and her husband, Ishaq Gailani, had received a
number of death threats. She had also been informed that persons claiming to represent the
Taliban had issued warnings that the Gailani couple were among a dozen Afghan citizens living
in Pakistan who could be targeted for assassination because of their alleged anti-Taliban
activities. It was reported that the Gailani couple had received a number of threatening
telephone calls at their home and had observed armed men following them. OEe Special
Rapporteur urged the Government to take additional steps to ensure their safety.
347. On 28 September the Special Rapporteur transmitted an urgent appeal to the Government
concerning members of the Senate belonging to the opposition parties who were publically
threatened with death by an Islamist group because of their opposition to the passage of the
Fiifieenth Amendment Bill to the Constitution of the Islamic Republic of Pakistan. According to
reports received, on 16 September 1999 the leader of the opposition in the Senate brought this
public threat to the attention of the Government on the floor of the House. It was reported that
the leader of the House did not denounce the threats, upon which some Senators boycotted
Senate proceedings. OEe following day the threats were reportedly repeated publicly and with
greater force. It is alleged that the threats are being instigated by the Government or at least
tolerated by it.
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Communications sent
348. During the period under consideration the Special Rapporteur sent 16 allegations to the
Government of Pakistan of violations of the right to life.
349. On 6 January 1999, according to reports, a girl called Ghazala was allegedly set on ffire
and burned to death, reportedly by her brother, in Koharabad, Punjab province, because her
family suspected her of having an illicit relationship with a neighbour. It has been reported that
her burned and naked body lay unattended in the street for two hours.
350. On 20 January 1999, Sahib Khatoon, a 60-year-old woman, was allegedly killed by the
police of Matiari. It has been reported that Matiari police raided many houses and beat up
residents while looking for an absconder.
351. On 21 January 1999, Firoz Husain was allegedly detained on suspicion of involvement in
a murder. He reportedly died while in custody at the Baharana police station, allegedly as a
consequence of torture.
352. On 28 January 1999, Imran Danish died in a hospital in Karachi aifier having been in
police custody. According to reports, torture allegedly caused kidney failure.
353. On 29 January 1999, Abdullah Umrani died in hospital allegedly aifier being tortured
while in police custody. He had been arrested on 13 January 1999 by the police of Dhamrah.
354. On 31 January 1999, ffikhar Ahmad died, according to reports, aifier having been
tortured by a police offcer. It has been reported that the police offcer, Khushi Mohammad had
allegedly arrested him at his house in Jaranwala, Faisalabad district. According to the
information received, the head of Iifiikar Ahmad was severed from the body and thrown into a
dry well while the body was thrown in a fleld.
355. On 3 February 1999, Nazar Husain died in police custody in Serai Sidhu, Khanewal
district, allegedly as a result of torture at the police lock-up.
356. On 8 February 1999, Mohammad Nazeer allegedly died at the police lock-up in Bhera. It
has been reported that he had been arrested three days before his death.
357. On 8 February 1999, Jamil Ahmad allegedly died in hospital as a result of ill-treatment
while in police custody.
358. On 18 February 1999, Mohammad Nabi was in judicial lock-up in Swabi. It has been
reported that his brothers had secured an order for his release on bail but the police reportedly
refused to accept the order. According to the information received, Mohammad Nabi was killed
by a constable.
359. On 22 February 1999, according to reports, Thair Prince was killed by the police in
Lahore. According to the police he died in an armed encounter. However, it has been reported
that he had been arrested and shot dead while in police custody.
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360. On 25 February 1999, according to reports, Gui Mohammad aiiegediy died in custody
aifier having been tortured by the poiice. It has been reported that he had been arrested by the
iocai poiice in Karachi on 20 February 1999.
361. According to reports, Jamiiia, a mentaiiy handicapped 16-year-oid gin was aiiegediy shot
dead in March 1999 aifier having toid members of her tribe that she had been raped. The tribai
councii of eiders decided she had to be kiiied. According to the information received, the
authorities took no action against the kiiier or those who instigated the crime.
362. Samia Sarwar was shot dead in her iawyer's offce in Lahore on 6 Aprii 1999. Her
mother was beiieved to be behind the kiiiing. According to reports, aifier 10 years of domestic
vioience and abuse, Samia Sarwar had decided to seek a divorce. OEis action was perceived as
shamefui by her parents, to the extent that they reportediy instigated her murder. It has been
reported that the pohce rareiy prosecute the killers in such circumstances.
363. On 8 Aprii 1999, advocate Izharui Haq and his wife Shabana Haq, a iecturer at the iocai
women's college, were shot dead at their residence in Naqashband coiony, Muitan. Police have
faiied to arrest the killers.
364. On 17 Juiy 1999, according to reports, Aazam Chaddarh, a retired Pakistani Army major
was shot dead by armed assaiiants whiie travelling in a jeep in the district Bhaiia in the Punjab
Province.
Communications received
365. By ietter dated 16 March 1999, the Government referred to the urgent appeai transmitted
by the Speciai Rapporteur on 21 January 1999. The Government informed the Speciai
Rapporteur that Pakistan had hosted the iargest concentration of refugees anywhere in the worid
for severai decades since they were driven out of Afghanistan. According to the Government,
such a iarge presence piaces a great burden and responsibility on its human and nationai
resources. The Government stated that the competent authorities had been instructed to provide
Ms. Galiani and her husband additionai security.
366. Concerning the urgent appeai transmitted on 12 January regarding death sentences by
military courts, the Government informed the Speciai Rapporteur that these courts were
established to respond to the extra-ordinary situation created by terrorists in Karachi and other
aLected parts of the country. OEe establishment of these courts had been challenged in the
Supreme Court, which had deciared them unconstitutionai and set aside their judgements.
Peru
Urgent appeais
367. OEe Special Rapporteur transmitted two urgent appeais to the Government during the
period under review. On 16 Aprii, the Special Rapporteur wrote to the Government expressing
her concern over reports that Loia Fiores, a member of the Comit& de Derechos Humanos
(Human Rights Committee) of Moyobamba and her husband, Esteban Rios, were receiving death
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threats. On 13 March Esteban Rios was approached by two men in balaclavas who questioned
him about his wife's human rights work and beat him over the head with a stick. When he tried
to defend himself they shot him twice.
368. On 11 October the Special Rapporteur transmitted an urgent appeal jointly with the
Special Rapporteur on the right to freedom of opinion and expression concerning death threats
received by Juan Sausa Seclen, a newspaper and radio correspondent who had allegedly received
a phone call warning him to stop criticizing the National Intelligence Service.
Communications received
369. On 21 January and 10 June respectively the Government of Peru transmitted to the
Special Rapporteur a list of people who were accused under the antiterrorist law and who had
been released aifier being granted clemency. The following people were granted clemency on
25 December 1995 and 19 April 1999: Juan Angel Rivadeneyra Alvarado, Maria Isabel Ramirez
Ledesma, Lino Panduro Rengifo, Isidro Landeo Palomino, Javier Vicente Alarc6n Aguirre,
Jos& Luis Guti&rrez Vivanco, Alfredo Fidel Quispe de la Cruz, Teoffilo Romero Daza,
Jos& Luis Lunasco Guti&rrez and C&sar Augusto Sernaque S tnchez.
Philippines
370. OEe Special Rapporteur transmitted seven urgent appeals concerning several persons who
were facing imminent execution and one allegation of violation of the right to life to the
Government during the period under review.
371. Concerning the cases of capital punishment, the Special Rapporteur issued a press release
on 23 August welcoming the Government's decision to suspend executions and to expand a
committee reviewing death sentences. About 1,200 people had been sentenced to death under a
law that restored the death penalty for OEeinous” crimes in 1994. The ffirst execution in the
Philippines in 23 years was carried out in February, and four other people were put to death until
the suspension announced in August.
Urgent appeals
372. OEe Special Rapporteur transmitted on 30 November 1998 an urgent appeal on behalf of
Leo Echegaray. The Special Rapporteur noted that the Supreme Court had liified the stay of
execution of Mr. Echegaray following the 19 January 1999 decision of the Congress not to
debate the question of the death penalty at that time. She had also been informed that lawyers
representing Mr. Echegaray were ffiling a motion asking the Supreme Court to reconsider its
decision. The Special Rapporteur urged the Government to review the case, and drew the
attention of the Government to Commission on Human Rights resolution 1998/8 in which the
Commission called upon all States that still retain the death penalty to progressively restrict the
number of crimes for which the death penalty may be imposed and to establish a moratorium on
executions, with a view to completely abolishing the death penalty. While acknowledging the
serious charges against Mr. Echegaray, and without implying any conclusion as to the facts of
the case concerned, the Special Rapporteur recalled that Mr. Echegaray's execution would be the
ffirst in the Philippines for 23 years, and the ffirst since capital punishment was reintroduced in
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1993. Moreover, his execution, should it be carried out, would make the Philippines the first
country in the world to resume executions aifier having reintroduced the death penalty.
373. On 25 March the Special Rapporteur transmitted an urgent appeal on behalf of
Dante Piandiong, Jesus Morallos and Archie Bulan who were sentenced to death in
November 1994 for the killing of a police offficer during an attempted robbery in Manila. The
Special Rapporteur had been informed that in February 1997 the Supreme Court confirmed their
death sentences, and that a lower court had ordered their executions to be carried out on
7 April 1999. OEe Special Rapporteur had also been informed that all three defendants had been
tortured under police interrogation in order to extract confessions. It was reported that during
their trial the defendants testiffied to having been tortured, but that the trial judge only mentioned
these statements in passing when handing down their death sentences. It was further alleged that
the Supreme Court made no reference to the alleged torture when reviewing the sentences. OEe
Special Rapporteur called on the Government to initiate prompt and impartial investigations into
these allegations, and to order a stay of execution pending the outcome of these inquiries.
374. OEe Special Rapporteur transmitted several urgent appeals concerning the death sentence
received by Pablito Andan. On 27 May the Special Rapporteur jointly with the Special
Rapporteur on the question of torture transmitted the ffirst urgent appeal concerning this case. On
19 October the Special Rapporteur transmitted an urgent appeal aifier having been informed that
Pablito Andan was scheduled to be executed at any time once his stay of execution expired on
25 October 1999, aifier President Estrada rejected his appeal for clemency. According to reports,
Pablito Andan was sentenced to death for rape and murder in August 1994. He reportedly
testiffied at his trial that he had been tortured during interrogation to force him to confess to the
crime. The Special Rapporteurs urged the Government to open a prompt and impartial
investigation into these allegations, as required by the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, to which the Philippines is a party.
375. On 12 August the Special Rapporteur transmitted an urgent appeal concerning
Jurry Andal, Ricardo Andal and Edwin Mendoza, convicted in 1994 of the rape and murder of a
22-year-old teacher, who were scheduled for execution on 16 August 1999 when the 60-day
reprieve granted by President Estrada expired. According to the information received the
reprieve was granted in order to allow DNA tests, requested by lawyers of the Free Legal
Assistance Group, to be done to determine the men's guilt or innocence. Forensic scientists from
the National Bureau of Investigation and the University of the Philippines Natural Sciences
Research Institute, who were to carry out the tests, are reported to have submitted their report to
the authorities. The report, however, had not been made available to the lawyers acting on
behalf of the three men. The Special Rapporteur had also been informed that DNA samples had
not yet been taken from the convicted men for comparative testing to take place.
376. On 17 August the Special Rapporteur drew the urgent attention of the Government to the
information she had received concerning Romeo Gallo who was reportedly convicted and
sentenced to death for the rape of his 13-year-old daughter in 1994. Romeo Gallo was scheduled
for execution on 18 August 1999. It was reported that lawyers from the Free Legal Assistance
Group have ffiled a petition with the Supreme Court for a temporary restraining order to delay the
execution on the basis that the President was away from the Philippines at the moment and was
allegedly therefore not available to receive appeals or to grant clemency.
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377. On 29 September the Special Rapporteur transmitted an urgent appeal on behalf of
Joseffina Esparas who was reportedly convicted and sentenced to death for drug-traffcking
despite being absent from court.
Communications sent
378. OEe Special Rapporteur transmitted an allegation on behalf of Hermelo Falcatan. It was
reported that on 26 April 1999, three armed men in military uniform and seven other men in
uniform including three with covered faces reportedly arrived at Hermelo Falcatan's home and
demanded that he and his son hand over their ffirearms. It was reported that both of them denied
having ffirearms. At that moment a soldier allegedly hit Hermelo Falcatan from behind and then
reportedly ffired his automatic rifle into his back. Hermelo Falcatan reportedly died later in the
Zamboanga medical centre.
Communications received
379. By letter dated 12 January the Government informed the Special Rapporteur about the
Leo Echegaray case. With respect to alleged irregularities and an incompetent defence, the
Government emphasized that Leo Echegaray had been assisted by competent lawyers from the
Free Legal Assistance Group since the start of the proceedings. The death penalty was ffirst
handed down by the lower trial court, the Quezon City Regional Trial Court. Under Philippine
law, capital punishment sentences handed down by the lower courts are subject to automatic
review by the Supreme Court, which subjects the case to exhaustive and impartial examination.
It took the Supreme Court almost three years to review the case and conffirm the sentence.
Moreover, the Supreme Court reviewed not only the case itself but also the constitutionality of
the death penalty law and the method of execution.
380. By letter dated 19 January, the Government referred to ajoint urgent appeal transmitted
last year by the Special Rapporteur and the Special Rapporteur on the independence ofjudges
and lawyers concerning the death threats received by the Attorney Jose Manuel Diokno. OEe
Government reported that to date no formal report or complaint on the alleged death threats had
been received by the police authorities. In the absence of such a complaint, no meaningful
investigation by police authorities could be conducted. Nevertheless, the Philippine Commission
on Human Rights took the initiative to look into the case and was informed by Jose Manuel
Diokno that security escorts had been oLered by the Government but that he refused the oTher as
he felt safer without them.
Observations
381. OEe Special Rapporteur is concerned that despite the international trend towards abolition
of the death penalty, the Philippines has resumed executions during the period under review.
OEe Special Rapporteur regrets that the step taken by President Estrada in August was not
followed by a permanent end to executions in the country.
E/CN.4/2000/3/Add. 1
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Republic of Korea
Communications received
382. OEe Special Rapporteur received a communication from the Government concerning the
case of Bong-Hae Yi who reportedly died in custody on 9 December 1997. According to the
Government, at the time of his arrest Bong-Hae Yi, a psychologically disturbed person, was in
fragile health. It conffirmed that the autopsy report established sudden cardiac arrest as the cause
of death, but denied that there had been internal bleeding; on the contrary, there was evidence of
hypodermal bleeding due to external lacerations, which were probably self-inflicted. There was
no evidence to support allegations that he had been beaten or ill-treated by fellow inmates or
prison guards. Aifier a series of investigations, in particular by the Public Prosecutor's Offce, the
allegations that his right to life had been violated had been found to be unjustiffied.
Russian Federation
383. OEe Special Rapporteur transmitted to the Government one urgent appeal concerning the
situation in Checbnya and one allegation of violation of the right to life.
384. OEe Special Rapporteur issued a press release in December concerning the situation in
Chechnya. She expressed her deep concern over the ultimatum by the Russian Federation
authorities to the people of Grozny to leave the city by 11 December or face intensiffied attacks.
Noting that Russian aeroplanes had dropped leaflets on Grozny informing civilians of a
humanitarian corridor out of the city, the Special Rapporteur said that it was her understanding
that earlier attempts to warn civilians in advance of attacks or to establish safe exit routes had not
been eLective.
Urgent appeals
385. On 7 December the Special Rapporteur sent an urgent appeal to the Government
regarding the situation of civilians in Grozny. The Special Rapporteur urged the Government to
make every eLort to ensure that civilians were made aware of safe corridors leading out of
Grozny, and also to protect and secure these routes in order to allow civilians to leave safely. In
order for people to reach these safe corridors, she urged the Government to cease all attacks on
Grozny immediately.
Communications sent
386. According to the information received by the Special Rapporteur, Larisa Yudina, a
journalist and editor of the newspaper Sovetskaya Kalmykia , was found dead near the city of
Elista with a fractured skull and multiple stab wounds. It was reported that she had been
repeatedly warned to stop her critical reporting on the activities of politicians whom she had
accused of corruption.
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Observations
387. In her last report to the Commission the Special Rapporteur welcomed the decision by
the Russian Federation to abolish the death penalty by April 1999, in accordance with the
country's obligations as a member of the Council of Europe. OEe Russian Federation became a
member of the Council of Europe on 28 February 1996. OEe Special Rapporteur was informed
on 3 June that, acting on the recommendation of the Chairman of the Presidential Clemency
Commission, Anatoly Pristavkin, Russian Federation President Boris Yeltsin commuted all 716
death sentences outstanding before the Commission. Following a ruling of the Constitutional
Court in February, no further death sentences can be imposed until the constitutional requirement
for trial by jury in capital cases can be met in all 89 regions of the Federation. OEe Special
Rapporteur welcomed the decision and urged the Government to totally eliminate the death
penalty from the criminal code.
Rwanda
388. OEe Special Rapporteur transmitted one allegation of violation of the right to life to the
Government. OEe Special Rapporteur remains concerned by the information received on
massacres of refugees and civilians in some parts of the country. OEe Special Rapporteur regrets
the lack of information from the Government on the past allegations of violation of the right to
life. She has received no communications from the Government of Rwanda in the past
three years.
389. According to information received by the Special Rapporteur on 6 August, Epiphanie and
Suzanne Uwitakiye were reportedly seized by a group of people as they tried to reclaim their
houses, which had allegedly been occupied. According to the source, both women were beaten,
Epiphanie reportedly particularly badly, and taken to the bureau de secteur (local government
off cc) at Nyamirambo. OEe conseiller de secteur (local government offcial) intervened to
protect the women and contacted the police. The group, which allegedly included a police
off cial and a civilian offficial responsible for local security, then went to the workplaces of
Felicien Gasana and Blaise Barankoreho and seized the two men, who were reportedly taken to
the bureau de secteur at Nyamirambo, where their wives were also being held. Felicien Gasana
was reportedly beaten along the way and was seen limping; Blaise Barankoreho was beaten at
the time he was seized. Felicien Gasana died at Kigali Hospital, allegedly as a result of the
brutality he suLered in the local government offce. In view of the allegations mentioned above,
fears were expressed for the lives and physical integrity of Epiphanie and Suzanne Uwitakiye
and Blaise Barankoreho.
Saudi Arabia
390. OEe Special Rapporteur is very concerned by the fact that more than 100 persons have
been executed in the country. OEe Special Rapporteur notes that the use of the death penalty in
Saudi Arabia is in direct contradiction to world trends towards the abolition of capital
punishment. Saudi Arabia must take immediate steps to curb this systematic State killing. OEe
Special Rapporteur has been informed that most defendants are not given the right to defend
themselves or an adequate opportunity to appeal against the sentences handed down to them.
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391. OEe Special Rapporteur transmitted two allegations to the Government during the period
under review on behalf of the following persons.
Communications sent
392. OEe Special Rapporteur was informed that Mohamed Al-Hayek died while in custody at
the Generne Security headquarters in Damman in June 1998. He had reportedly been arrested
in 1996.
393. OEe Special Rapporteur was informed in February 1999 that Abmad Bin Abmad
Al-Mubalbil was reported to have died while in the custody of members of the Hay'at al-amr il
ma'rufwa nahi an al-muncar, (Committee for the Propagation of Virtue and Prevention of Vice -
CPVPV). It has been reported that he was arrested in the middle of November 1998 in his
village by members of CPVPV and taken to an unknown location. According to reports, on
20 November his relatives were requested by members of CPVPV to collect his body from one
of their detention centres.
Communications received
394. No reply has been received from the Government so far.
Senegal
395. In her last report to the Commission the Special Rapporteur expressed her concern over
the human rights situation in the Casamance region, and the conflict between Senegalese security
forces and the mouvement des forces d&mocratique de Casamance MFDC
(E/CN.4/1999/39/Add. 1, para. 214).
Communications received
396. By letter dated 12 May, the Government transmitted to the Special Rapporteur its views
concerning the alleged arbitrary executions of Alphonse Diatta and Sarani Badian, reportedly
committed by military forces in the Casamance region. According to the Government, the
allegations came from unreliable sources. OEe Government informed the Special Rapporteur
that her communication had been immediately transmitted to the Comite interminist&riel des
droits de l'homme et du droit international humanitaire which, after investigating, had
determined that the allegations were not correct. According to the Government, the extrajudicial
killings had been committed by individuals belonging to MFDC. OEe Government stressed that
the armed forces were receiving a strict education in human rights.
Observations
397. OEe Special Rapporteur welcomes the information received on the education in human
rights issues being given to the armed forces of Senegal and urges the Government to continue
with these efforts.
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Sierra Leone
Communications sent
398. OEe Special Rapporteur transmitted one allegation of violation of the right to life to the
Government of Sierra Leone aifier having been informed that 24 soldiers were executed by a
ffiring squad, allegedly under the command of the Ceaseffire Monitoring Group (ECOMOG) of
the Economic Community of West African States (ECOWAS) on 19 October 1998.
Observations
399. OEe Special Rapporteur regrets that at the time of ffinalization of this report, the
Government had not replied to her communications.
South Africa
Urgent appeals
400. OEe Special Rapporteur transmitted one urgent appeal jointly with the Special Rapporteur
on the independence of judges and lawyers to the Government during the period under review.
On 31 March both Special Rapporteurs were informed that the advocate Jenny Wild had been
subjected to death threats following an incident in the evening of 7 March when armed men
surrounded her home in Durban. The Special Rapporteurs expressed their concern about the
security of Jenny Wild.
Observations
401. OEe Special Rapporteur regrets that the Government has not replied to her
communication.
Sri Lanka
402. OEe Special Rapporteur transmitted one urgent appeal and nine communications to the
Government concerning violations of the right to live of the following persons.
Urgent appeal
403. On 15 June the Special Rapporteur transmitted to the Government an urgent appeal aifier
having been informed that former Sri Lankan army lance corporal Somaratne Rajapakse and his
family had received death threats in the form of letters addressed to Mr. Rajapakse's wife.
Mr. Rajapakse had been summoned by the magistrate in charge of forthcoming exhumations in
the Chemmani area of JaLna to indicate locations of alleged mass graves. OEere were reportedly
also concerns for the safety of four other members of the security services, currently held at
Colombo prison, and their families after they reportedly corroborated Mr. Rajapakse's evidence
about the graves. Mr. Rajapakse was reportedly being held in Bogambara prison, in Kandy,
awaiting the outcome of an appeal against a death sentence imposed by the High Court in
Colombo in July 1998. The Court had found the ffive men guilty of the rape, abduction and
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murder of 18-year-old Krishanthy Kumarasamy and the murder of her mother, younger brother
and neighbour in 1996. During the trial Mr. Rajapakse reportedly told the Court that hundreds of
other bodies had been buried at the same site as those of the above-mentioned persons. In view
of these allegations, the Special Rapporteur appealed to the Government to take the necessary
steps to ensure the safety and integrity of the above mentioned persons.
Communications sent
404. OEe Special Rapporteur transmitted to the Government communications on behalf of the
following persons.
405. Sathasivam Sanjeevan was arrested by the police at Paandiruppu, Amparai district,
on 3 October 1998. It was reported that when his relatives visited him at the Kalmunai
police station on 14 and 15 October, they noted that he could not liifi his arms and that he had
diffculty swallowing. On 16 October the police informed his relatives that he had been killed in
an armed confrontation with the Liberation Tigers of Tamil Eelam (LTTE) while being taken to
Amparai by the police.
406. Santhini OEangarasa and her sister Bavani Thangarasa were reportedly killed on
21 November 1998 at the village of Murippu in Mullaitivu when their house was destroyed in an
air strike allegedly carried out by Sri Lankan airforce bombers. Two young boys, Muhunthan
and Gegan, also died in the incident and five other persons were wounded.
407. Sevethi Joseph, Mohanraj Kavitha and Nagendran were killed on 23 November 1998 at
Koddaikattiyakulam in Killinochchi in an air strike allegedly carried out by Sri Lankan airforce
bombers. Ten other civilians were also wounded in this incident and admitted to hospitals in
Mallavi and Akkarayankulam.
408. Velupillai Sellathurai,Visuvalingam Yogarani, Yogachandran Mallikadevi,
Kalanathan Thanusha, Rasalingam Suthas and Siva were reportedly killed on 2 December 1998
at the ffishing village of Nallathanithoduva-Chundikulam in the east of Vadamaradchi as a result
of a bombing allegedly carried out by Sri Lankan airforce Kffir jets. Several others were also
reportedly wounded in this incident.
409. Sambasivam Arudchelvan and Rasu Letchumi were killed on 13 November 1998 at
Vanni as a result of a bombing allegedly carried out by Sri Lankan airforce Kffir jets.
410. According to reports, Muhunthan Balchandron was killed on 21 November 1998 at the
village of Murippu in Mullaitivu aifier an air strike allegedly carried out by Sri Lankan airforce
Kffir bombers.
411. Gnaneswary Muthie was reportedly killed on 21 November 1998 at the village of
Murippu in Mullaitivu aifier an air strike allegedly carried out by Sri Lankan airforce Kffir
bombers.
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412. Arulselvan Ramalingam was reportedly killed on 14 November 1998 at Kokkavil aifier an
air strike allegedly carried out by Sri Lankan airforce Kffir bombers. He was on his way to
Mallavi for business when he got caught in the reported air raid.
413. Anura Sampath was allegedly taken to the Moratuwa police station on 30 December in
order to make a statement. His brother reportedly visited him the same day and Anura Sampath
told him that he was being ill-treated by the police. OEe following day, Anura Sampath allegedly
had disappeared from the police station and the oLicer in charge later told Anura Sampath's
family that he was dead, providing them with accurate information about the whereabouts of
Anura Sampath's corpse which the family found in Kalubovilla hospital.
Observations
414. OEe Special Rapporteur regrets that the Government has not replied to her
communications.
Sudan
415. OEe Special Rapporteur transmitted two urgent appeals and two allegations of the
violation of the right to life to the Government of Sudan during the period under review.
Urgent appeals
416. On 28 April the Special Rapporteurjointly with the Chairman-Rapporteur of the
Working Group on Arbitrary Detention and the Special Rapporteur on the question of torture
transmitted an urgent appeal to the Government of the Sudan concerning 26 individuals who
were detained under unclear circumstances. They were reportedly arrested in connection with
bomb explosions in several civilian installations near Khartoum on 30 June 1998. According to
the source they had been held in incommunicado detention since their arrest in a military
detention facility near Khartoum. OEey had reportedly been subjected to ill-treatment and torture
during the interrogation. OEe Special Rapporteurs appealed to the Government to take all
necessary measures to ensure that their right to physical and mental integrity was protected.
417. On 10 June the Special Rapporteurjointly with the Special Rapporteur on the question of
torture transmitted an urgent appeal concerning Adam abd al-Rabman Hussain, Mohamed Issa
Tiato, Mohamed Hamed Ahmed, Fadul Adam abd al-Rahman, Abd Allah Rabih Fadul,
Siddieg Suliman Abakar, Mohamed Ibrahim abd Allah, Mohamed Abakar Shigaifat and Ali abd
al-Rabman Idris who were reportedly sentenced to cross amputation, i.e. of the right hand and
leifi foot, and death by hanging, aifier which their bodies would be nailed to wooden crosses for
public display. OEe sentence was said to be in accordance with Sudan's Penal Code, based upon
the Government's interpretation of Shari'a law. OEe men, reportedly convicted of bank robbery,
and while in detention had allegedly been deprived of food and sleep, forced to do strenuous
exercise in the heat and had cold water thrown over them in winter. OEe Special Rapporteurs
appealed to the Government to seek clariffication of the circumstances with a view to ensuring
that the detainees' right to physical and mental integrity and to life was protected.
E/CN.4/2000/3/Add. 1
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Communications sent
418. OEe Special Rapporteur was informed that Mohamed Adbelsalam Babiker, a student at
Khartoum university, and two of his fellow-students were arrested during a student
demonstration on 3 August 1998. While the other two students reportedly were released the
following day, Mohamed Adbelsalam Babiker remained in custody. His death was announced
off cially at 1 p.m. It has been reported that an autopsy indicated that Mohamed Adbelsalam
Babiker died of a brain haemorrhage which occurred as a result of repeated beating on the head
with sharp instruments.
419. OEe Special Rapporteur has been informed that Ismail Edaam Ibrahim Abdu, Ahmed Tia,
Maylik Chol Bilkuei and John Gatkoy were taken into custody in February 1999 when they
strayed into territory controlled by the Sudan People's Liberation Army (SPLA) not far from
southern oil flelds being exploited by the Government and by Chinese, Malaysian and Canadian
companies. According to reports, SPLA announced that all four had died on 31 March, in the
cross ffire as a result of a failed rescue attempt by government forces.
Communications received
420. By letter dated 5 May the Government replied to the Special Rapporteur's urgent appeal
dated 28 April concerning Father Lino Sebit and Father Hilary Boma who were arrested and
charged with the bombings in Khartoum on 30 June 1998 that targeted vital civilian installations
including electric power stations and a theatre. Testimonies had revealed that both men
were supervising and ffinancing the plot; they were therefore charged under sections 50 and 51
of the Criminal Law Act 1991 and were being tried before a military court under the
Armed Forces Act 1986. Hence, they were arrested in accordance with the law. The suspects
had been treated according to the law which guarantees their right to physical integrity and not to
be subjected to inhuman or other form of degrading treatment. OEe Government reported that
the accused had been given due access to legal counsel of their own choice and they also had
access to adequate medical care.
Taj ikistan
421. OEe Special Rapporteur transmitted one urgent appeal to the Government concerning
Asadullo Allayevich Shomatov, a former police colonel who at the time of his arrest
(September 1997) was First Deputy in the Department of the Interior in Dushanbe. According to
the information received by the Special Rapporteur, he was convicted and sentenced to death on
7 May 1999 for OErganizing a criminal group with the aim of transporting and selling narcotics”.
His appeal against the death sentence was reportedly rejected on 4 July 1999 by the Supreme
Court. It was alleged that his trial was not fair. According to the source, insuffcient evidence
was presented to convict him, evidence that would have exonerated him was not considered, and
the judges and witnesses were intimidated.
Observations
422. OEe Special Rapporteur regrets that the Government has not replied to her
communication.
E/CN. 4/2000/3/Add. 1
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OEailand
Communications
423. OEe Special Rapporteur was informed that on 19 June 1997, U Win Htwe, a seaman
from Pa'an, Karen State, Myanmar, was reportedly beaten to death by a OEai policeman.
U Win Htwe was reportedly in his room with some friends, migrant workers from Myanmar,
when local police off cials arrived in the vicinity. Fearing arrest for illegal immigration, they
fled. According to an eyewitness, U Win Htwe was followed by a policeman and beaten to
death. Aifierwards, police allegedly placed his dead body in a local stream and claimed that he
had drowned. Another witness, who later saw his body in the hospital morgue, stated that the
body showed signs of cuts and bruising.
424. OEe Special Rappporteur was informed on 15 March 1998 that Nyan Lin and two other
refugees returned to their camp aifier the 6 p.m. curfew established by the authorities. They tried
to enter the camp at 6.30 p.m. aifier ffinishing work outside, when a group of OEai security forces
allegedly approached them. Two of them escaped. Nyan Lin hid in the bushes, but was
discovered by the security forces and beaten with their rifle buts. This incident was allegedly
reported to the camp leader, who found Nyan Lin unable to walk or talk. It has been reported
that Nyan Lin was then carried back to the camp on a stretcher, and eventually taken to the local
hospital where he was pronounced dead.
Observations
425. OEe Special Rapporteur regrets that the Government has not responed to her
communication.
Trinidad and Tobago
426. OEe Special Rapporteur transmitted two urgent appeals to the Government of Trinidad
and Tobago during the period under review.
Urgent appeals
427. On 27 January the Special Rapporteur wrote to the Government referring to her previous
urgent letter dated 29 September 1998 regarding the case of Ms. Indravani Pamela Ramjattan,
who was reportedly sentenced to death in May 1995 for the killing of her common-law husband
Alexander Jordan in February 1991. According to information received, Ms. Ramjattan was
physically abused and ill-treated by Mr. Jordan. OEis reportedly included beatings, threats to her
life and rape on repeated occasions. It is further alleged that Mr. Jordan oifien starved and beat
their children. OEe Special Rapporteur noted that medical experts had concluded that
Ms. Ramjattan was likely to have suLered from a number of mental symptoms as a result of this
abuse, including what is usually referred to as the Battered Woman Syndrome”. In this regard
the Special Rapporteur reiterated her conviction that domestic abuse of this nature had to be
accepted as a mitigating circumstance. She also wished to recall earlier allegations, described at
length in her letter to the Government of 29 September 1998, that Ms. Ramjattan was not given
adequate legal assistance during her trial. OEe Special Rapporteur noted that Ms. Ramjattan's
E/CN.4/2000/3/Add. 1
page 76
request for leave to appeal her death sentence was to be heard by the Judicial Committee of the
Privy Council in London on 3 February 1999. OEe Special Rapporteur transmitted to the
Government her view that the above allegations clearly indicated that Ms. Ramjattan's case
should be thoroughly reviewed in order to consider the reported irregularities in the legal
proceedings leading to her conviction, as well as all mitigating circumstances surrounding the
crime allegedly committed.
428. On 27 July the Special Rapporteur transmitted an urgent appeal concerning
Anthony Briggs who was scheduled to be executed on 22 June 1999. The Special Rapporteur
noted that Mr. Briggs was sentenced to death in June 1996 for the murder of Siewdath
Ramkissoon in 1992, and that following unsuccessful appeals to the national courts, a petition
was ffiled on behalf of Mr. Briggs with the Inter-American Commission on Human Rights in
October 1997, claiming that his rights under the American Convention on Human Rights had
been violated. It was reported that despite the fact that the Inter-American Commission was still
considering his petition, the authorities of Trinidad and Tobago scheduled his execution for
4 August 1998. He was granted a stay of execution aifier ffiling a motion claiming that it would
be unconstitutional to execute him while the petition was pending before the Inter-American
Commission. The Special Rapporteur had further been informed that in August 1998, the
Inter-American Commission decided to refer Mr. Briggs' case to the Inter-American Court
of Human Rights, as it was considered that he was at risk of irreparable damage”. On
29 August 1998 the Court issued an order to the Government of Trinidad and Tobago to preserve
his life. In her appeal the Special Rapporteur recalled that this order was still in force.
429. In this context, the Special Rapporteur noted that in March 1999 the Judicial Committee
of the Privy Council in London, in an unrelated case, ruled that executions should be stayed until
petitions to international bodies were ffinally disposed of and the rulings of the Inter-American
Commission on Human Rights and the Inter-American Court of Human Rights had been
considered by the relevant authorities. On 9 March 1999 the Inter-American Commission on
Human Rights issued its decision on Mr. Briggs' petition, ffinding that the State had violated his
right to full and free exercise of his rights under the American Convention on Human Rights.
Based on its examination of the case, the Commission found that Mr. Briggs was entitled to
eLective remedy including commutation of his death sentence. In an order of 25 May 1999,
the Inter-American Court of Human Rights decided to maintain the order to preserve
Mr. Briggs' life until such time as the Court ... issues a decision on this matter”. In view of the
fact that to date the Court had not issued its decision, the Special Rapporteur urged the
Government to order a stay of Mr. Briggs' execution with a view to commuting his death
sentence.
Observations
430. OEe Special Rapporteur regrets that at the time of the ffinalization of this report the
Government had not replied to her communications. OEe Special Rapporteur learnt with sadness
that on 4, 5 and 7 June nine persons were hanged in Trinidad and Tobago. OEey were the ffirst
people to be executed in that country since 1994. The executions proceeded despite appeals
from the international community to commute the death sentences.
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Tunisia
431. OEe Special Rapporteur was informed of an allegation of the violation of the right to life
during the period under review.
Communications
432. OEe Special Rapporteur was informed that Tijani Dridi, a former political prisoner, had
disappeared on his way to the national criminal police station in Ariana, to which he was due to
report on a regular basis. OEe same police unit allegedly told his wife that it had no information
about her husband. She was later informed that he had died on the Ariana road on
7 August 1998.
433. OEe source claims that the police made Tijani Dridi's wife sign a statement saying that
she knew nothing about her husband's death and that no public inquiry was conducted to
establish the causes or circumstances of Tijani Dridi's death.
Communications received
434. No reply from the Government has been received so far.
Turkey
435. OEe Special Rapporteur transmitted six urgent appeals and one allegation to the
Government of Turkey during the period under review.
Urgent appeals
436. On 23 February the Special Rapporteur transmitted an urgent appeal jointly with the
Special Rapporteur on the independence of judges and lawyers to the Government concerning
the detention of eight lawyers from the local headquarters of the People's Democracy Party
(HADEP) in Diyarbakisr relating to the case of Abdullah Ocalan. OEe Special Rapporteur was
informed that many people were arrested at HADEP off ces throughout the country following the
demonstrations for independent monitoring of Abdullah Ocalan's trial.
437. On 26 February the Special Rapporteur transmitted an urgent appeal aifier having been
informed that offcials and members of the Turkish Human Rights Association (HRA) had
received death threats, apparently because of their statements calling for a fair trial for
Mr. Ocalan. HRA branches throughout the country allegedly received a number of threatening
phonecalls, some of which were reportedly made in the name of the so-called Turkish Revenge
Brigade. OEe Special Rapporteur was informed that the following persons had particularly been
exposed to such threats: Osman Baydemir, President of the Diyarbakr HRA branch,
GOnay Keles, member of the Ankara HRA branch, Eren Keskin, President of the Istanbul
HRA branch, and the following members of the Istanbul HRA branch: Saban Dayanan,
Golay Kazak, Kadriye Doru and Doan Genc. In view of these allegations the Special Rapporteur
called upon the Government to take all necessary steps to ensure the physical safety of persons
associated with the Turkish Human Rights Association.
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438. On 4 March the Special Rapporteur transmitted a joint urgent appeal to the Government
concerning Ahmet Zeki Okuoglu and Hatice Korkut, Abdullah Ocalan's lawyers, who were
allegedly being persecuted. Both lawyers were reportedly kicked and punched as they arrived at
the quayside at Mndanya to set oL for the prison island. Both lawyers and their families
received death threats.
439. On 8 March the Special Rapporteur transmitted an urgent appeal to the Government
concerning Devrim Tas, a 22-year-old law student who was reportedly arrested on 5 March with
her girlfriend and 25 other people at the BEKSAV Cultural Centre in Kadikoy by two uniformed
and an estimated four plainclothes policemen. They were reportedly informed that those who
had not been previously detained would be immediately released. Having a record of one day's
detention for having protested against the education fees in November 1996, Devrim Taswas was
not released.
440. On 30 June the Special Rapporteur transmitted her concern to the Government regarding
the death sentence imposed upon Abdullah Ocalan. OEe Special Rapporteur expressed her
concern over reports of a number of irregularities in the legal proceedings leading up to the
handing down of his death sentence. She was informed that during his pre-trial detention
Mr. Ocalan was held incommunicado for 10 days, and that his access to legal counsel had been
severely limited. On 15 October the Special Rapporteur transmitted an urgent appeal aifier being
informed that Mr. Ocalan's death sentence had been conffirmed.
Communications sent
441. OEe Special Rapporteur sent an allegation to the Government concerning the violation of
the right to life of Suleyman Yeter who reportedly died in custody on 7 March in a cell at the
anti-terror branch of Istanbul police headquarters. On 5 March the journalist and trade unionist
Suleyman Yeter and four other people were reportedly taken from their offces of the newspaper
Davanisma and allegedly put in neighbouring cells at the anti-terror branch of Istanbul police
headquarters. When Suleyman Yeter was reportedly brought back fflom interrogation in the
early hours of the following morning he allegedly said that he had been stripped naked, severely
beaten, sprayed with cold water and forced to lie on ice. On 7 March Suleyman Yeter allegedly
died in custody according to the information given by the Fatih state prosecutor.
Communications received
442. By letter dated 26 February and concerning Abdullah Ocalan who had been apprehended
abroad and brought to Turkey on 16 February, the Government transmitted to the Special
Rapporteur the text of the press conference of the Prime Minister held on 21 February on this
subject. By letter dated 9 March the Government transmitted to the Special Rapporteur a
Fact Sheet regarding the arrest of Abdullah Ocalan. On 22 March the Government also
transmitted the following information concerning the case of Mr. Ocalan: Abdullah Ocalan is
under daily medical surveillance and he has been able to have access to his legal counsels. His
medical reports are regularly transmitted to the European Committee for the Prevention of
Torture, fully in accordance with Turkey's international obligations. Upon the request made by
16 lawyers to the Off cc of the Chief Public Prosecutor of the Istanbul State Security Court to
have a meeting with the accused detainee Abdullah Ocalan as his defence counsels, the matter
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was brought to the knowledge of the Public Prosecutor of the island of Imrali where Ocalan is
being detained and accordingly permission was granted to lawyer Mr. Osman Baydemir.
However, Mr. Baydemir could not attend the meeting on 23 February 1999 due to heavy weather
conditions and to the fact that the necessary permit could not be transmitted promptly.
Nevertheless, lawyers Ahmet Ok ouglu and Hatice Korkut went to the island of Imrali and met
the accused detainee on 25 February 1999, their security being provided. On 08 March 1999,
Mr. Ahmet Zeki Ok ouglu and his brother, lawyer Selim Ok ouglu, lawyer Mr. Niyazi Bulgan
and lawyer Mr. Niyazi Bulgan, were given a Power of attorney” by Abdullah Ocalan.
Consequently, Mr. Ahmet Zeki Ok ouglu met Ocalan for a second time on 11 March 1999.
OEe meeting lasted for 45 minutes, during which Mr. Ok ouglu, [ as he himself] revealed at the
press conference, found Ocalan in very good health, psychologically and physically, and that he
is being kept under high standards of comfort. Lawyers Selim Ok ouglu, Niyazi Bulgan and
Niyazi Bulgan visited Ocalan on 16 March 1999 and stayed for 4 hours. A statement made later
by Mr. Ahmet Zeki Ok ouglu, stated that Abdullah Ocalan gave him the power of appointing
further legal representatives for his trial, thus as of today 15 lawyers will be present during the
hearings.”
443. By letter dated 1 July the Government transmitted to the Special Rapporteur information
concerning the verdict in the case of Abdullah Ocalan. According to the Government, the legal
proceedings pertaining to the case were fully in compliance with international standards. Taking
into account all the transparency and due scrutiny provided during the pre-trial process and the
trial itself from the very beginning, the Government was conffident that it had fulffilled its
obligations arising from its domestic legislation, as well as all international commitments in this
respect. OEe report submitted to the Parliamentary Assembly of the Council of Europe by the
representatives of the Council who had followed the court proceedings highlights the trial as one
carried out fairly” and describes the trial procedure as correct and in conformity with the
applicable Turkish law”, thus reafffirming Turkey's compliance with its obligations and
commitments. The Government further stated that such observations of the representatives of
the Council of Europe were also referred to in the statement delivered by the Presidency of the
European Union on 29 June 1999. A delegation representing the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) visited
Turkey, including a visit to the prison on the island of Jmrali in 2 March 1999. OEe Government
stressed that the report of the visit, which was published with its consent, is a clear reflection of
the prevailing transparent and cooperative approach. Owing to the special nature and violence of
the crimes alleged to have been committed by him, Mr. Ocalan's detention period had been
extended, in full compliance with the relevant Turkish legislation. He had been kept in detention
for seven days (from 16 February to 22 February 1999 inclusive), and following his interrogation
he was arrested on 23 February 1999, on grounds of offences stipulated under article 125 of the
Turkish Penal Code. Mr. Ocalan's right to defence had been recognized and he had been
represented by a team of lawyers. Full access to their client was provided to the attorneys before
and during the trial.
444. By letter dated 15 December the Government referred to its letter dated 1 July and
informed the Special Rapporteur that Turkey had been maintaining a de facto moratorium on
executions since 1984. However, the death penalty was still retained as a lawful punishment in
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the legislation, strictly for a limited range of crimes, including those of which Mr. Ocalan was
accused. Nevertheless, the judicial procedure for the execution of the sentence of Mr. Ocalan
had at that time not yet been exhausted.
445. On 5 April the Government transmitted a communication concerning the urgent appeal
transmitted by the Special Rapporteur concerning the threats received by HRA members
Osman Baydemir, GOnay Keles, Eren Keskin, Saban Dayanan, Golay Kazak, Kadriye Doru and
Doan Genc. According to the Government, the persons concerned had neither lodged a
complaint nor applied for further safeguards for their security to the relevant authorities.
446. On 11 May the Government informed the Special Rapporteur that the
Directorate-General of Security had sent a circular to all the governors in Turkey instructing
them to take all necessary measures and safeguards in order to provide security to all premises of
the Turkish Human Rights Association and its branch offces, as well as to their members.
447. On 9 July 1999 the Government transmitted the following information received from the
Ministry of Justice and Ministry of Interior concerning the urgent appeal transmitted by the
Special Rapporteur on the detention of the lawyers of Abdullah Ocalan: Members of the
Diyarbakir Bar Association, lawyers Mr. Sinan Tanrikulu, Mr. Selim Kurbanoglu,
Mr. Abdullah Akin, Mr. Mahmut Vefa, Mr. Mansur Resitoglu and trainee lawyer
Mr. Ferda Pokerce, as well as lawyers Mr. Feridum Celik and Mr. Yusuf Tosun, were taken into
custody on 16 February 1999 by the Directorate of Security of Diyarbakir, on grounds of
protesting and demonstrating against the arrest of Abdullah Ocalan, leader of the illegal, terrorist
organization PKK. All the above-mentioned lawyers were released on 22 February 1999,
following their interrogation, their cases being continued. It has been established through
medical reports that the above-mentioned persons were not subjected to any torture or
ill-treatment during their stay in custody. It is not possible to provide concrete information upon
allegations of llarge-scale detentions', however, the following is the list of the persons detained
and released in the provinces which are mentioned in the letter: Diyarbakir: - Celal Kendal
Turhan and Songol Ertas were taken into custody on 19.02.1999 on grounds of participating in
illegal demonstrations and manifestations and were released on 24.02.1999. - Elil Serif
Karatekin, Ebuldekir Celebi, Vizir Persian, Hasan Esen, Celattin Birtane, HOSeyin Bayrak,
Edip Binbir, Hasan Soysol and Mehmet Durmus who were detained on grounds of
demonstrating in favour of Abdullah Ocalan and spreading separatist propaganda were released
on 1 March 1999.”
448. OEe Government noted that an illegal demonstration had taken place
on 25 February 1999 in Batman and that 25 of the demonstrators had been arrested. As the
demonstrations were inspired and organized by the HADEP political party headquarters in
Batman, a search had been made of the premises of the said political party. Shooting did not
take place and high security measures were taken.
449. Hidir Dogan, Bolent Yaciln, MOnir Gezgin, Bolent Gun, Murat Kilic and Hidir Kilictepe
were arrested on 16 February 1999 as they were preparing to launch an illegal demonstration in
Elazig, which would include the burning of the streets. However, following their interrogation,
they were released on 17 February 1999. Yasar Okcu, Sinan Can Polat, Rahime Metin,
Mustafa Bulut, Zulffinaz Coskun, Ziya Yilmaz and Suar Uzun were arrested on 2 March 1999
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as they were among the organizers of the illegal demonstration against the arrest of
Abdullah Ocalan. No other person than those listed had been taken into custody or arrested
by the Directorate-General of Elazig.
450. Upon receiving information that the branch offces of the HADEP political party in
Istanbul were preparing to launch illegal demonstrations in favour of Abdullah Ocalan, the
security forces searched the premises of HADEP buildings in Istanbul and 136 persons were
taken into custody on 19 February 1999. All the persons detained were released on 22 February,
aifier having been interrogated.
451. A total of 393 persons were taken into custody in Van for having taken part in
demonstrations and other illegal activities such as the use of explosives and weapons; 235 of
them were immediately released, 79 of them were transferred to the courts, 43 of them were
arrested and the other 36 were released. In Mardin, 161 persons were taken into custody in the
aifiermath of the arrest of Abdullah Ocalan, during the demonstrations in favour of the PKK in
that province. Fiifiy-seven of these people were immediately released by the Directorate-General
of Mardin and another 93 were subsequently released by the court. Eleven remained in detention
and were sent to prison.
452. On 22 July 1999 the Government transmitted the following information concerning
the lawyers Niyazi Bulgan and Irfan Dundar who were among the defence lawyers of
Abdullah Ocalan who participated in the hearing on 30 April 1999 at the State Security Court
(SSC) of Ankara, in the absence of the accused, along with the counsels and family members of
the victims of the PKK-led terrorism. Extreme security measures were taken by the security
forces in and around the court premises before the hearing started. From 7.30 a.m., family
members of the victims (around 150-200 people) began to gather around the building. At
9.00 a.m., the ffirst of 19 defence counsels, Mr. Abmet Arsar, came to the Court building, and
aifier having declared himself a iawyer to defend Ocalan”, he was subjected to aggressive
comments (verbally) from the crowd of families of the victims. Thanks to the extreme security
measures, he did not suLer any injury.
453. Jrfan Dundar, Mokrime Tepe, Niyazi Bulgan and Derya Bakir, defence counsels who
later came to the court, without asking for security measures, entered the room, sat down next to
the victims' families and declared their willingness to defend Abdullah Ocalan” which led to an
upheaval among the spectators. The security forces intervened, and cautiously took the lawyers
out of the courtroom for their security. At the SSC police station, the lawyers did not lodge any
complaint against anyone and, except for Mokrime Tepe and Derya Bakir, leifi, as they did not
want to participate in the hearing any longer. Ms. Tepe and Ms. Bakir were readmitted to the
courtroom upon their request.
454. At the end of the hearing, a crowd of 200 people, mainly consisting of the family
members of the victims, protested against PKK-led terorism. For this reason the lawyers of
Abdullah Ocalan had to be kept in the SSC police station, upon their request and for the sake of
their security. Aifier the crowd leifi, the lawyers were taken by police van, at their request, to the
Yenisehir marketplace, which is close to the Bar Association and their offfice. OEe Government
pointed out that it had been established that neither Mr. Bulgan and Mr. Dundar nor any of the
lawyers of the defendant were subjected to ill-treatment during the hearing or aifierwards.
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Furthermore, no complaint was lodged by the lawyers themselves. On the other hand, the
authorities noted that a number of Abdullah Ocalan's lawyers had criminal records.
455. By letter dated 9 December the Government transmitted information relating to the case
of Suleyman Yeter and Necmettin Kahraman. Suleyman Yeter died in March 1999 when he was
in custody at the Anti-Terror Branch of Istanbul Police Headquarters. An indictment by the
State Prosecutor of Faith had been issued against the 16 police offcers who were on duty in the
anti-terror branch at the time of Mr. Yeter's death. OEe Government stated that the Deputy
Director-General of the Police and other high-level offcers were among the 16 indicted.
OEe indictment calls for 15 years of imprisonment for them if found guilty. The indictment
conffirms that Suleyman Yeter was among a group of people detained by the police on the
grounds of being members of illegal organizations. He allegedly died in custody due to
torture and ill-treatment, as confirmed in the forensic report. With regard to the case of
Necmettin Kahraman, it was established that in reality the person killed had been his brother,
Ramazan Kahraman, who was seriously injured by ffirearms during the demonstrations held in
Kiziltepe on 19 February against the capture of Abdullah Ocalan. OEe Government reported that
he died in hospital where he had been brought by two persons. The Government noted that this
case was still pending.
Observations
456. OEe Special Rapporteur is grateful to the Government of Turkey for its numerous replies
to her communications, especially those concerning the case of Abdulah Ocalan. The Special
Rapporteur also welcomes the de facto moratorium on executions maintained in Turkey since
1984. OEe Special Rapporteur encourages the Government of Turkey to make renewed eLorts
towards the complete abolition of capital punishment.
Uganda
Urgent appeals
457. OEe Special Rapporteur transmitted one urgent appeal to the Government of Uganda
on 29 April concerning 28 persons who were facing execution between 28 and 30 April. The
Special Rapporteur was concerned by the fact that these executions, should they be carried out,
would be the ffirst in Uganda since 1996.
458. OEe Special Rapporteur, having been informed that the Advisory Committee on the
Prerogative of Mercy had confirmed the death sentences aifier the prisoners lost their appeals in
the Supreme Court, urged the Government to grant clemency and commute these sentences with
a view to introducing a permanent moratorium on executions in the country.
Observations
459. OEe Special Rapporteur regrets that the Government has not replied to her
communication.
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United States of America
460. According to information received, 91 prisoners were executed in the United States of
America between 1 January and 3 December 1999. Several more executions were scheduled to
be carried out before the end of the year. OEe Special Rapporteur is specially concerned that in
November the United States Supreme Court refused to consider whether the individual States are
forbidden by international law from executing people for crimes committed as minors. OEe
Court's ruling came in the case of Domingues v. Nevada . Michael Domingues is on death row
in Nevada for capital murder committed when he was 16.
461. Sources report that since 1990, 10 people have been executed in the United States of
America for crimes committed when they were under 18 years of age. OEe latest execution of a
child oLender was carried out in Oklahoma in February when Sean Sellers was put to death for
crimes committed when he was 16 years old.
Urgent appeals
462. OEe Special Rapporteur transmitted 15 urgent appeals to the Government concerning the
following persons.
463. Joseph Stanley Faulder. In November 1998 and in June 1999, the Special Rapporteur
transmitted urgent appeals aifier having been informed that Mr. Faulder, a Canadian citizen, was
to be executed in the State of Texas on 17 June 1999 for the murder of Inez Phillips in 1975. In
her appeal the Special Rapporteur recalled earlier allegations that Mr. Faulder's trial and appeals
process included several irregularities, among them the fact that he was reportedly not duly
informed of his right under the Vienna Convention on Consular Relations to seek legal
assistance from his consulate. Additionally, the Special Rapporteur noted that it was alleged that
Mr. Faulder was made to sign a confession aifier four days of interrogation, during which time he
was denied access to a lawyer.
464. Gary Graham (Shaka Sankofa). On 1 January the Special Rapporteur transmitted an
urgent appeal on behalf of Gary Graham who was to be executed in the State of Texas on
11 January 1999 for a crime he allegedly committed when he was 17 years of age.
465. Sean Sefrers. On 21 January the Special Rapporteur transmitted an urgent appeal on
behalf of Sean Sellers who was scheduled to be executed in the State of Oklahoma on
4 February 1999. He was sentenced to death on 2 October 1986 for a crime allegedly committed
when he was 16 years of age. OEe Special Rapporteur transmitted to the Government the
information received by her indicating that in connection with his trial in 1986, Mr. Sellers was
diagnosed as suLering from mental disorders. Moreover, this diagnosis was reportedly
conffirmed by psychiatrists who examined Mr. Sellers in 1987 and 1992 respectively, and who
found that he displayed symptoms of paranoid schizophrenia and Multiple Personality Disorder.
466. Mazer Jean and Jermaine Jones. On 26 January the Special Rapporteur wrote to the
Government aifier having been informed that State prosecutors in Florida were seeking the
death penalty for two teenagers charged with murder. Mazer Jean, 17 years of age, and
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Jermaine Jones, 16 years of age, were to be tried in Naples, Collier County, Florida, accused of
the murder of Michael Carlos Sierra, a guard at the Big Cypress Wilderness Institute, a privately
run juvenile detention centre.
467. Jaturun Siripongs. On 27 January the Special Rapporteur transmitted an urgent appeal
on behalf of Jaturun Siripongs, a OEai national, aged 43, who was scheduled to be executed on
9 February 1999. He was reportedly sentenced to death in 1983 for the murder of two persons
during a robbery at Pantal market in Graden Grove, California, in 1981.
468. Karl and Walter LaGrand. On 23 February the Special Rapporteur transmitted an
urgent appeal on behalf of two German brothers who were facing imminent execution in the
State of Arizona. OEe Special Rapporteur noted that according to the information received
Karl and Walter LaGrand had not been informed of their right under article 36 of the Vienna
Convention on Consular Relations to communicate with and receive assistance from their
consular representatives. She was concerned that the failure to inform the defendants of this
right may have deprived them of important assistance in preparing their defence.
469. Douglas Christopher Thomas. On 17 May the Special Rapporteur transmitted an rgent
appeal on behalf of Douglas Christopher OEomas, 25 years of age, who was scheduled to be
executed in the State of Virginia on 16 June 1999 for a murder committed when he was 17.
Douglas Christopher OEomas was convicted in 1991 of the murders in 1990 of J.B. Wiseman and
Kathy Wiseman, the parents of his girlfriend Jessica Wiseman. While acknowledging the
seriousness of the crime committed by Douglas Christopher OEomas, the Special Rapporteur
wished to remind the Government that the execution ofjuvenile oLenders, i.e. persons under
18 years of age at the time of commission of the crime, does not correspond to international
human rights law standards.
470. Gregory Dickens, Jr. On 18 May the Special Rapporteur was informed that State
prosecutors in Indiana were seeking the death penalty for Gregory Dickens, Jr., a juvenile
charged with murder. Gregory Dickens, Jr., 17 years of age, was reportedly to be tried in
St. Joseph County Superior Court, South Bend, accused of the murder of Police Corporal
Paul Deguch, who was shot and killed on 24 August 1997 outside a house in South Bend.
471. Scotty Lee Moore. On 21 May the Special Rapporteur was informed that
Scotty Lee Moore was scheduled to be executed in Oklahoma on 3 June 1999 aifier having been
convicted in 1984 of the murder of the clerk Alex Fernandez in the course of an armed robbery
at a motel in Oklahoma City on 18 November 1983. OEe Special Rapporteur noted that
according to reports, Scotty Lee Moore had suLered from serious mental problems ever since his
youth, including a long history of alcohol and drug abuse stemming fflom his underlying chronic
depression, learning disorder and organic brain damage. Regarding these circumstances, which
allegedly had not been dealt with to a suffcient extent during Scotty Lee Moore's trial, and thus
shed a posteriori new light on his case, and given the fact that the execution of the sentence
would irreversibly prevent the possible reconsideration of the case, the Special Rapporteur urged
that the execution be stayed.
472. Joseph Timothy Keel. On 2 August the Special Rapporteur transmitted an urgent appeal
regarding the imminent execution of Joseph Timothy Keel, who was scheduled to be executed in
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the State of North Carolina on 6 August 1999. He was reportedly sentenced to death at a retrial
in 1993 for the murder of his father-in-law. OEe Special Rapporteur was informed that Mr. Keel
suLered from organic brain damage, possibly a result of a pre-natal injury. His IQ had
apparently been measured at 78, which would place him on the borderline of being mentally
handicapped. She had also been informed that Joseph Timothy Keel had not been able to pursue,
in the State courts, the claim that this amounted to ineLective defence representation.
473. Larry Keith Robinson. On 16 August the Special Rapporteur transmitted an
urgent appeal on behalf of Larry Keith Robinson, who was scheduled to be executed on
17 August 1999. He was reportedly sentenced to death in 1987 for the murder of ffive
individuals in Forth Worth, Texas, on 10 August 1982. Keith Robinson always maintained that
the events were the result of his chronic visual and auditory hallucinations brought about by
acute schizophrenia which was reportedly diagnosed three years before the murders.
474. Thomas Provenzano. On 10 October the Special Rapporteur transmitted an urgent
appeal on behalf of OEomas Provenzano who was scheduled to be executed in Florida on
14 September 1999. He was reportedly sentenced to death for killing a bailiL in the
Orange County courthouse, Orlando, in January 1984. According to reports, OEomas
Provenzano was diagnosed with paranoid personality disorder and paranoid schizophrenia before
his trial; his mental illness was reported to have worsened during his 15 years on death row.
According to the source, he was at the time of the sentence on medication to treat auditory
hallucinations allegedly caused by his paranoid schizophrenia. OEe Special Rapporteur was
informed that even if the State supreme court ruled that OEomas Provenzano's mental condition
had to be the subject of a full evidentiary hearing, which had not occurred before the circuit court
judge's ruling on 7 July, the execution was still set for 14 September.
475. Exzavious Lee Gibson. On 15 October the Special Rapporteur transmitted an urgent
appeal aifier having been informed that the United States Supreme Court had rejected the appeal
of Exzavious Lee Gibson, an indigent, learning disabled death row inmate who was forced to
appear at an earlier appeal hearing in the State of Georgia without legal counsel, as he could not
aLord to engage a lawyer. He had been convicted of a murder committed when he was 17 years
old. According to reports, on 12 September 1996, Exzavious Lee Gibson, an African American
with an IQ of between 76 and 82, represented himself at a state post-conviction (habeas corpus)
hearing on his conviction and sentence because he was too poor to aLord a lawyer. OEe
transcript of the hearing allegedly shows that Mr. Gibson oLered no evidence, examined no
witnesses and made no objections. OEe court dismissed his appeal. International standards
demand that anyone facing the death penalty must have access to adequate legal representation at
all stages of proceedings. His subsequent appeal to the state supreme court was reportedly
rejected in early 1999. According to the source, three of the seven supreme court judges
dissented, saying that Mr. Gibson's plight was one “that no just government should
countenance”. However, the majority ruled that he had no constitutional right to a lawyer at the
1996 hearing. On 12 October 1999, the United States Supreme Court, without comment, let that
majority decision stand, and moved Exzavious Lee Gibson one step closer to execution.
476. Johimie Lee McKIIght. On 18 October the Special Rapporteur transmitted an urgent
appeal on behalf of Johnnie Lee McKnight, accused of killing three people on 25 October 1997.
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According to the information received, a psychologist had found him incompetent to stand trial.
It has been reported that he was convicted of a murder committed when he was 17 years old.
Communications sent
477. OEe Special Rapporteur transmitted on 2 November an allegation to the Government on
behalf of Ahmad Diallo (22), a citizen of Guinea who was shot dead by four white undercover
New York City police offficers in front of his home. He was reportedly unarmed and the police
allegedly ffired 41 shots at him.
Communications received
478. OEe Government replied to all of the Special Rapporteur's transmissions during the
period under review. In its replies, the Government detailed the legal safeguards for defendants
in criminal cases and speciffically cases in which the death penalty applies. The replies sent were
in response to cases concerning the following individuals: Sean Sellers ( 9 February 1999),
Joseph Stanley Faulder (19 February 1999), Shaka Sankofa (24 February 1999),
Douglas Christopher OEomas (15 June 1999) Scotty Lee Moore (15 June 1999),
Joseph Timothy Keel (7 September 1999), Larry Keith Robinson (7 September 1999) and
OEomas Provenzano (21 September 1999).
479. Sean Sellers was executed in the State of Oklahoma on 4 February 1999.
480. OEe Government of the United States informed the Special Rapporteur, regarding the
case of Joseph Stanley Faulder that at the time the Special Rapporteur transmitted her urgent
appeal Mr. Faulder had been scheduled to be executed on 10 December 1998. OEe United States
Supreme Court subsequently stayed the execution while it considered whether Mr. Faulder's
case raised suffcient legal issues that it should agree to review it. On 25 January, the Court
decided that it would not review the case. OEe United States Department of State had paid
particular attention to the case because Mr. Faulder had not been advised, as he should have
been, of his right to request the assistance of a Canadian consular off cial. OEe Secretary of State
asked that the Texas board of pardons and paroles, which has the sole legal authority to
recommend clemency for Mr. Faulder give careful consideration to the consular aspects of his
case, which could have provided a basis for an affrmative recommendation. The board,
according to the information sent by the Government, decided against recommending clemency.
OEe Government, however, did not agree with allegations that Mr. Faulder did beneffit from fair
judicial proceedings consistent with international standards.
481. OEe Government informed the Special Rapporteur on 18 June that the Virginia Supreme
Court had issued a stay of execution for Douglas Christopher OEomas, citing a ruling it had made
ffive days previously that juveniles cannot be prosecuted unless both of their parents are notiffied.
Observations
482. The Special Rapporteur's concerns as they relate to the United States are limited to issues
pertaining to the death penalty. OEe increasing use of the death penalty is still a matter of
serious concern to the Special Rapporteur. Particularly worrisome are the continued executions
E/CN. 4/2000/3/Add. 1
page 87
of mentally ill and mentally handicapped persons as well as foreigners who were denied their
international right to consular assistance. The Special Rapporteur views the persistent
application of the death penalty and subsequent executions of persons who committed crimes as
minors as a very serious and disturbing practice that inherently conflicts with the prevailing
international consensus.
United Kingdom of Great Britain and Northern Ireland
483. OEe Special Rapporteur was deeply saddened by the murder of solicitor
Rosemary Nelson, who died from injuries suLered in a car bomb attack outside her home in
Lurgan, County Armagh. OEe Special Rapporteur sent an urgent appeal to the Government in
which she referred to the urgent appeal transmitted by the Special Rapporteur on the
independence ofjudges and lawyers in August 1997 on behalf of Ms. Nelson. The Special
Rapporteur on the independence ofjudges and lawyers intervened on behalf of Ms. Nelson in
reaction to death threats she had received for her representation of a client accused of murdering
two offficers of the Royal Ulster Constabulary (RUC). She was also allegedly struck on the back
of the head with a police riot shield while intervening on behalf of a boy who was allegedly
being ill-treated by an RUC offcer. At that time, the Special Rapporteur called upon the
Government to investigate these allegations and to ensure the security of Ms. Nelson.
Uzbekistan
484. OEe Special Rapporteur transmitted to the Government of Uzbekistan jointly with the
Special Rapporteur on the question of torture on 14 July an urgent appeal concerning
Bakhadir Ruzmetov. According to reports, Mr. Ruzmetov was forcibly returned to Uzbekistan
from Russia for allegedly participating in causing a series of explosions in Tashkent, Uzbekistan,
in February 1999. The authorities had reportedly detained hundreds of people who were
believed to have been involved in the explosions. Government off cials reportedly blamed the
bombings on foreign-trained Islamic groups who were operating with exiled secular and
democratic opposition elements. Aifier an allegedly unfair trial, six individuals were reportedly
sentenced to death on 28 June for their involvement in the bombings. Bakhadir Ruzmetov
reportedly may also face the death penalty. In view of previous reports of ill-treatment of the six
mentioned individuals the Special Rapporteurs expressed their fears regarding the safety of
Bakhadir Ruzmetov.
Observations
485. OEe Special Rapporteur regrets that at the time of ffinalization of this report the
Government had not responded to her communication.
Venezuela
Urgent appeals
486. OEe Special Rapporteur transmitted an urgent appeal to the Government jointly with the
Special Rapporteur on the question of torture concerning Jos& Asdrubal Rios Rojas. He was
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page 88
allegedly beaten by two off cials of the Policia Metropolitana of Caracas on 17 May at the
entrance to his house, in front of his wife and children. He was reportedly transferred to the
police premises at Nuevo Horizonte.
Communications received
487. By letter dated 16 December 1998 the Government transmitted to the Special Rapporteur
information concerning the urgent appeal sent on 16 October 1998 on behalf of Yolima Rangel.
OEe Government reported that both the Gobernaci6n del Estado de Miranda and the Cuerpo
T&cnico de Policia Judicial were investigating the alleged death threats received by
Yutraima Ragel and the death of Freddy Diaz.
Observations
488. OEe Special Rapporteur regrets that since the last communication dated 16 December no
further information has been submitted for her attention.
Yemen
Urgent appeals
489. OEe Special Rapporteur transmitted, jointly with the Special Rapporteur on the question
of torture and the Special Rapporteur on the independence ofjudges and lawyers, an urgent
appeal to the Government of Yemen concerning Abu al-Hassan al-Medhar, Ahmed Mohammad
Ali Atif and Sa'ad Mohammad Atif who were reportedly arrested in connection with the
kidnapping of 16 tourists, which led to an armed clash in which several persons were killed. OEe
Special Rapporteurs had been informed that these three men would face execution if found guilty
as charged. OEere were allegations that these persons had been held in lengthy incommunicado
detention, some in shackles, and denied legal representation. It was further reported that
statements made by the defendants have been released to the press by the authorities. OEe
Special Rapporteurs transmitted their concern to the Government that these irregularities may
compromise the fairness of the court proceedings against the defendants.
490. It was further reported that Mohsin Ghalain (age 18), Shahid Butt (age 33), Malik Nassar
Harhra (age 26), Ghulam Hussein (age 25) and Samad Abmed (age 21), all British subjects, as
well as others whose names are not known, were arrested in late December 1998 on suspicion of
having planned bomb attacks in Aden and having contacts with the group suspected of the
above-mentioned kidnappings. OEere were reports that some of these persons had been
subjected to torture and held in incommunicado detention. In view of these allegations the
Special Rapporteurs were concerned that the defendants' safety and physical integrity could be
in danger and that their right to a fair trial might be at risk.
Observations
491. OEe Special Rapporteur regrets that the Government has not responded to her
communications.
E/CN. 4/2000/3/Add. 1
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Yugoslavia
492. Two urgent appeals and one allegation of violation of the right to life were transmitted by
the Special Rapporteur to the Government of the Federal Republic of Yugoslavia during the
period under review.
Urgent appeals
493. On 1 April the Special Rapporteur transmitted an urgent appeal to the Government
concerning the continuing reports of grave human rights violations, including extrajudicial
executions of civilians, in Kosovo. OEe Special Rapporteur drew the attention of the
Government to speciffic allegations that Bajram Kelmendi, a lawyer from Pristina, and his two
sons had been murdered under circumstances that indicated that the three men were summarily
executed. In view of the continuing and increasing allegations of violence and human rights
violations in Kosovo, the Special Rapporteur urgently called upon the Government to recognize
its responsibility to protect the security and integrity of all persons on its soil, bring the police,
military and other forces or individuals under strict control, and to ensure that perpetrators of
serious violations of human rights were not allowed to act with impunity. OEe Special
Rapporteur emphasized in her urgent appeal that the state of war declared by the Federal
Republic of Yugoslavia did not in any way suspend its obligations under international law to
protect fundamental human rights, particularly the right to life, which must be upheld in all
circumstances.
494. On 27 May the Special Rapporteur transmitted an urgent appeal concerning
Halil Matoshi and 60 other men, inhabitants of Ajvalija, a village near Pristina. Halil Matoshi, a
journalist for Zen magazine, and 60 other men had been arrested by the police on 20 May. OEe
Special Rapporteur expressed her concern that the situation constituted a danger to their lives.
Communications
495. OEe Special Rapporteur has been informed that Slavko Curuvija, the editor of several
newspapers, was murdered on 11 April 1999 outside his home in Belgrade. It was alleged that
he was murdered after he had been accused by the Serbian State television of welcoming the
NATO air strikes.
Communications received
496. OEe Special Rapporteur took note of the information transmitted by the Government
concerning the terrorist activities of 23 July. Furthermore, the Special Rapporteur remains
concerned at the fact that no reply has been received concerning the above-mentioned cases at
the moment of the ffinalization of this report.
E/CN.4/2000/3/Add. 1
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Zambia
497. OEe Special Rapporteur sent one communication concerning the violation of the right to
life of Kosamu Ngome who was shot dead, allegedly by the police while he hid in the ceiling
boards of the pharmacy of Solwezi General Hospital. According to the information received by
the Special Rapporteur, he was unarmed at the time of his death.
B. OTHER
Palestinian Authority
498. OEe Special Rapporteur sent one urgent appeal and one allegation of human rights
violation to the Palestinian Authority during the period under consideration.
Urgent appeals
499. On 11 March, the Special Rapporteur sent an urgent appeal to the Palestinian Authority
on behalf of Ra'ed al Attar who had reportedly been sentenced to death by ffiring squad on
10 March 1999 for the killing of a Palestinian policeman. OEe Special Rapporteur expressed her
concern that there was no right to appeal in this case, that the court was composed of military
judges and that the defendant was represented by ffive court-appointed lawyers who were all
members of the civilian police.
500. On 8 December 1999, the Special Rapporteur addressed an urgent appeal to the
Palestinian Authority concerning Abu Sa'dah who was reportedly sentenced to death by ffiring
squad on 26 August 1999 for the murder of Lieutenant Colonel Hani Omar Abu Zienah. It had
been brought to the Special Rapporteur's attention that his death sentence was pronounced aifier
just six hours of hearings. It has been reported that there was a lack of opportunity for appeal
against the sentence.
Communications sent
501. OEe Special Rapporteur was informed on 11 March 1999 that Ala Al-Hams and
Khamis Mahmoud Salameh were shot dead, allegedly by members of the Palestinian security
services, at a demonstration in Rafah. It has been reported that the rally was organized in protest
of the death sentence issued by the State security court against Subhi Attar.
