UNITED
NATIONS
Economic and Social
Council
COMMISSION ON HUMAN RIGHTS
Fiifiy-seventh session
Item 11(b) of the provisional agenda
Distr.
GENERAL
E/CN.4/200 1/9/Add. 1
17 January 2001
ENGLISH
E
Original: ENGLISHIFRENCHISPANISH
ENGLISH, FRENCH AND SPANISH
ONLY
CIVIL AND POLITICAL RIGHTS, INCLUDING QUESTIONS OF:
DISAPPEARANCES AND SUMMARY EXECUTIONS
Report of the Special Rapporteur, Ms. Asma Jahanhir, submitted
pursuant to Commission resolution 2000/31
Addendum
Summary of cases transmitted to Governments and replies received
GE.01-10261 (E)
E/CN. 4/2001/9/Add. 1
page 2
CONTENTS
Paragraphs Page
Introduction 1 - 2 5
SUMMARY OF CASES TRANSMITTED AND REPLIES
RECEIVED 3-437 5
A. Countries 3 - 435 5
Albania 3-6 5
Algeria 7-9 5
Angola 10-11 6
Argentina 12- 15 6
Austria 16 7
Bahrain 17 8
Bangladesh 18-19 9
Bolivia 20 -26 9
Brazil 27-35 11
Burundi 36-41 13
Cameroon 42 13
Canada 43 -44 14
Chile 45 14
China 46-60 15
Colombia 61 - 150 17
Congo 151 35
C6te d'Ivoire 152- 156 35
Cuba 157-163 36
Democratic Republic of the Congo 164 - 169 38
Dominican Republic 170 - 171 38
Ecuador 172- 173 39
Egypt 174 39
El Salvador 175 39
Equatorial Guinea 177 - 176 40
E/CN. 4/2001/9/Add. 1
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CONTENTS ( continued)
Paragraphs Page
Ethiopia 178- 179 40
Gambia 180-181 40
Guatemala 182- 193 41
Honduras 194- 205 43
India 206 - 232 46
Indonesia 233 - 244 50
han (Islamic Republic of) 245 - 251 53
Israel 252 - 262 55
Jamaica 263 - 265 57
Jordan 266 - 267 57
Kenya 268 58
Lebanon 269 58
Mexico 270 - 297 59
Myanmar 298-311 65
Namibia 312 67
Nepal 313-319 67
Nicaragua 320 - 321 68
Nigeria 322 68
Oman 323 69
Pakistan 324- 329 69
Peru 330-337 71
Philippines 338 - 340 72
Russian Federation 341 -351 73
Rwanda 352-353 75
Saudi Arabia 354-355 75
Spain 356-357 76
SriLanka 358-370 77
Sudan 371 -373 79
Tajikistan 374 - 375 80
E/CN. 4/2001/9/Add. 1
page 4
CONTENTS ( continued)
Paragraphs Page
Tunisia 376 - 378 80
Turkey 379-380 81
United Arab Emirates 381 - 384 81
United States of America 385 -409 82
Uzbekistan 410-418 88
Venezuela 419 - 422 90
Yemen 423 -425 91
Yugoslavia 426 - 427 91
Zambia 428 - 433 92
Zimbabwe 434-435 92
B. Other 436-437 93
Palestinian Authority
436 - 437 93
E/CN. 4/2001/9/Add. 1
page 5
Introduction
1. This addendum to the report of the Special Rapporteur on extrajudicial, summary or
arbitrary executions describes 63 country situations and gives an account of actions undertaken
by the Special Rapporteur between 13 December 1999 and 15 December 2000. 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
Albania
3. The Special Rapporteur received a reply from the Government of Albania to a previous
communication concerning the death of Mr. Agron Pasha, reported in last year's report to the
Commission.
4. By letter dated 11 February 2000 the Government of Albania informed the Special
Rapporteur that all the facts mentioned in her communication were correct. According to the
Government, referring to the medical-legal expertise, Agron Pasha's death was due to severe
injuries caused by weapons”.
5. The Government reported that the relatives of the victim had submitted a complaint to the
police station in Fier, which was sent immediately to the General Prosecutor's Off cc.
Investigations were carried out by the Prosecutor's Offce of Fier District, which is the
responsible authority for the investigation of this case, in cooperation with the Judicial Police of
the Police Commissariat of Fier. The responsible judicial authority is the Supreme Court of Fier.
6. The case was still under investigation. OEe Government had ordered the arrest of
four persons who at the time of the murder of Agron Pasha were employees of the Fier
Commissariat of Police; only one person has been detained so far.
Algeria
Communications sent
7. On 20 October 2000 the Special Rapporteur sent to the Government an allegation
concerning the violation of the right to life of Abdelkader Hachani, a member of the Islamic
Salvation Front, who reportedly was shot dead while he was at his dentist's offce in Algiers
on 22 November 2000.
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Communications received
8. On 8 December 2000 the Government of Algeria transmitted information to the Special
Rapporteur concerning the case of Abdelkader Hachani. The Government reported that neither
Abdelkader Hachani nor his family had made a complaint about alleged death threats. A
post-mortem examination was carried out at the request of the competent court, but the results
were still unknown. One individual has been accused of the crime. The case is still under
investigation.
Observations
9. The Special Rapporteur wishes to recall that she has indicated her interest in visiting
Algeria and hopes that the Government will give positive consideration to this request.
Angola
Communications sent
10. The Special Rapporteur transmitted one allegation concerning 27 people who were
reportedly killed on 11 December 1999 along the Kavango river, allegedly by government
troops. It was reported that Mateus Huhwa, Kameya, Kanyanga, Lyamalilo Kanyanga,
Ndumba Mawano, Kangonga Muhuli, Muyenga, Shihwaku, Joahnnes Shiyave,
Kanoya Vihemba, Tjameja Muyenga, Shivava Kalimbwe, Ngondo Likolo, Ndaia Likuwa and
Siyave Musenete were identiffied among the 27 reported killed.
Communications received
11. The Special Rapporteur regrets that at the time of the ffinalization of this report the
Government had not replied to her communications.
Argentina
Urgent appeals
12. The Special Rapporteur sent an urgent appeal on 31 October 2000 jointly with the
Special Rapporteur on the independence ofjudges and lawyers in connection with the cases of
Carlos Varela, Diego Lavado and Alejandro Acosta, lawyers practising in Mendoza who were
reportedly subjected to harassment and death threats. According to the source, the threats were
related to those persons' work as legal representatives in one case of disappearance and in
two presumed cases of murder. According to the information received, Carlos Varela,
Diego Lavado and Alejandro Acosa represent the families of an individual who has been missing
since 1997 and of two persons whose dead bodies were found in July 2000, in proceedings
reportedly involving members of the police. On 24 October 2000, moreover, the Mendoza
offces of the aforementioned persons were reportedly broken into and various ffiles are said to
have been removed.
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13. The Special Rapporteur sent an urgent appeal on 5 December 2000 jointly with the
Special Rapporteur on the independence ofjudges and lawyers and the Special Representative of
the Secretary-General for human rights defenders concerning the death threats reportedly
received by Matilde Bruffiera, a lecturer at the National University of Rosario and a lawyer for
the Association Familiares de Desaparecidos, the Permanent Assembly for Human Rights and
the Association Foro Memoria y Sociedad in the province of Santa Fe, as well as by other human
rights activists and lawyers working to defend human rights. The source believes that these acts
were related to the activities of a number of organizations, human rights defenders and
professionals promoting so-called trials of the truth” in Rosario to establish the fate of persons
who disappeared during the last military dictatorship (1976-1983) and to determine those
responsible.
Communications received
14. By letter dated 10 March 2000 the Government of Argentina informed the Special
Rapporteur about the cases of Elvio Zanoti, Sonia Tones de Parodi and Maria Teresa S5nchez,
Lawyers of the Association Abuelas de Mayo, Cordoba Section. The Special Rapporteur had
sent an urgent appeal on 26 May 1999 concerning the safety of these persons. The Government
informed the Special Rapporteur that the actions taken to protect the lives of Elvio Zanoti,
Sonia Torres de Parodi and Maria Teresa S tnchez were as follows.
15. On 8 March 1999 the Public Prosecutor's Offfice took statements from Elvio Zanoti and
Maria Teresa S tnchez. On 13 April 1999, appearing at the same Off cc, Maria Teresa S tnchez
complained that a car had stopped in front of her home and had proceeded to take photographs
of the house; she furthermore provided information for the identiffication of the vehicle,
which according to the Government was traced. Regarding the complaints also made by
Sonia Tones de Parodi about death threats said to have been received, the Government stated
that on 23 April 1999, with a view to ensuring the informant's physical safety, an application
was made to Federal Court No. 3 for 24-hour police protection to be provided to Sonia Tones
de Parodi by special uniformed personnel. Concerning the threats received by Elvio Zanoti, the
Government indicated that various steps had been taken to identify the author or authors and that
at the time of the communication the Public Prosecutor's Offce had been in the process of
analysing the recordings and transcripts of tapes already requested by it from TELECOM with a
view to tracing the threats.
Austria
Communications received
16. By letters dated 3 and 14 March 2000 the Government of Austria replied to the
communication transmitted by the Special Rapporteur in 1999 concerning Marcus Omofuma,
a Nigerian citizen who died in police custody while he was being deported from Austria
on 1 May 1999. The Government reported that immediately aifier the announcement of the death
of Marcus Omofuma, the Federal Ministry of the Interior ordered a full investigation of the case
and the immediate involvement of the Public Prosecutor's Off cc. The purpose of this measure
was to establish the facts independently of the Federal Ministry of the Interior and to ensure the
necessary consequences under criminal law. OEe Government reported that a preliminary
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page 8
investigation was being conducted by the Korneuburg Regional Court of the police off cers
involved in the case. On 7 May 1999, the Vienna Federal Police Directorate, as the superior
authority of the offcers carrying out the deportation, ffiled a disciplinary report with the
Disciplinary Commission in the Federal Ministry of the Interior. In this report, the Directorate
held the view, on the basis of the statement of facts, that the conduct of the offcers involved in
the action amounted to a violation of their general duties. The offcers were immediately
removed from their posts in the Aliens Police Department and assigned to the Offce for
Criminal Investigation, Criminal Technology and Detective Action. In addition, it suspended the
offcers in question on 20 May 2000 on suspicion of having violated their service duties. In view
of the need for a still more intensive analysis of the human rights issue by the security police and
a constant review of the police actions under the aspect of human rights, the Federal Ministry of
the Interior has established a Human Rights Advisory Council in accordance with the Human
Rights Advisory Council Amendment. Subsequently, the establishment of the Council was
anchored in ordinary law as an amendment to the Security Police Act and safeguards were
established in accordance with the relevant constitutional provisions. The Human Rights
Advisory Committee is not restricted to conducting control measures and pointing out cases of
administrative abuse, but may, within the scope of its activities, also make suggestions for
improvement to the Federal Ministry of the Interior which include aspects concerning the
performance of certain tasks as well as the organizational framework of the activities of the
security police from the point of view of human rights. In a letter of 9 June 1999, the Human
Rights Advisory Council was requested to examine the accusations against the security police in
connection with the death of Marcus Omofuma from the point of view of human rights. OEe
Government of Austria provided the Special Rapporteur with the recommendations made by the
Council and which at the date of the letter were being reviewed by the Federal Ministry of the
Interior. OEe Federal Ministry of the Interior has covered the cost of transferring the body of
Marcus Omofuma as well as the expenditure for travel to and sojourn in Austria incurred by the
family of the deceased. The Government informed the Special Rapporteur that any
compensation payments beyond these amounts can only be eLected aifier the court proceedings
are concluded. By letter dated 14 March 2000 the Government of Austria fully replied to the
Special Rapporteur's questions on the death of Marcus Omofuma.
Bahrain
17. By letter dated 13 April 2000, the Government of Babrain informed the Special
Rapporteur about the case of Mohamed Abdullah Hassan Mohamed Al-Sayyah, which was
transmitted by the Special Rapporteur on 8 October 1998. Mohamed Abdullah Hassan
Mohamed Al-Sayyah reportedly died on 30 September 1998 in Salmaya Hospital aifier being
treated for injuries allegedly inflicted by a police offcer. OEe Government reported that
Mohamed Abdullah Hassan Mohamed Al-Sayyah was arrested on 5 April 1995 on suspicion of
having, together with other persons, caused death by ffirebombing a police vehicle in 1995. He
was subsequently charged, tried and acquitted and was released on 12 July 1995. OEe
Government reported that Mohamed Abdullah Hassan Mohamed Al-Sayyah had been
admitted to hospital on 19 August 1995, and had at that time been diagnosed with cancer.
He had been readmitted to hospital several times until his cancer-related death in hospital
on 30 September 1998. The Government provided the Special Rapporteur with the death
E/CN. 4/2001/9/Add. 1
page 9
certifficate. According to the Government neither the death certifficate nor any medical records
provide any evidence whatsoever to substantiate the allegation that Mohamed Abdullah Hassan
Mohamed Al-Sayyah's death was the result of mistreatment while in police custody.
Bangladesh
Communications sent
18. The Special Rapporteur transmitted one allegation to the Government of Bangladesh
concerning Saiful Islam Solet, who died allegedly as a result of torture in police custody in
Tongi OEana, Gazipur district.
Communications received
19. The Special Rapporteur regrets that at the time of the ffinalization of this report the
Government had not transmitted any reply to her communications.
Bolivia
20. The Special Rapporteur transmitted four urgent appeals and one allegation to the
Government of Bolivia during the period under review.
Urgent appeals
21. On 14 April 2000, the Special Rapporteur sent an urgent appeal to the Government of
Bolivia jointly with the Special Rapporteur on the question of torture, the Special Rapporteur on
ffleedom of opinion and expression and the Chairman-Rapporteur of the Working Group on
Arbitrary Detention concerning a number of persons who, according to the information received,
had been detained aifier taking part in demonstrations on 7 and 8 April 2000 and were at risk
of being subjected to torture and ill-treatment. OEose said to have been detained were:
Gabriel Herbas, a member of the Foro del Medio Ambiente; Walter Antezana, head of the
Central Obrera Departamental; Emilio Sejas, a heavy transport operator from Cochabamba;
Ascencio Picha, leader of Tr6pico de Cochabamba; Felipe Quispe Huanca, head of the
Federaci6n Sindical Unica de Trabajadores Campesinos de Bolivia; Fred Nuffiez, head of the
Sindicato de Professores Rurales; and Angel Claur&, Sacarias Pereira, Victor Cossio,
Francisco Partis, Santiago Gareca, Victor Nina, Enriqueta Imaca, Emilio Rodriguez,
Filomeno Rivera, Felipe Flores, Osvaldo Toco, Juan Yapura and Pedro Soto. The Special
Rapporteur conveyed to the Government her concern on learning that ffive people, including an
army offcer and a minor, had reportedly lost their lives during violent clashes between
protestors and the military in Cochabamba and La Paz.
22. On 18 April 2000 the Special Rapporteur, jointly with the Special Rapporteur on the
question of torture and the Special Rapporteur on freedom of opinion and expression, sent an
urgent appeal to the Government of Bolivia expressing concern about the situation of
David Goitia Benito (16 years), Franz Guzm5n (14 years), Noel Guzm5n (12 years) and,
Wilfredo Plaza (14 years), four minors reportedly detained aifier taking part in demonstrations.
According to the information, they were tortured to obtain statements incriminating community
E/CN. 4/2001/9/Add. 1
page 10
and trade-union leaders, as well as themselves. Although reportedly now released, there are said
to be still fears for their safety and liberty. In addition, according to the information,
David Goitia was beaten and suLered bruises on his body and a broken nose; Franz and
Noel Guzm5n were held under water and beaten; Wilfredo Plaza was detained and later returned
to his house; and Bartolom& Flores and Edwin Huanca were soaked with water and given electric
shocks. OEe Special Rapporteurs also drew the Government's attention to death threats allegedly
received on 13 April by Gloria Eyzaguirre and Jaime Buitrago, journalists for the Presencia daily
newspaper, as well as a bomb threat in its offces. According to the information, the threats
might have been prompted by the publication in the newspaper of a series of articles about
clandestine gambling halls and their links with some powerful quarters, and might also have
come from paramilitary groups hostile to the newspaper's editorial policy. According to the
information, as of 10 April threats were received by Oswaldo Rojas, a correspondent, the
photography department and editorial staL of the television station Periodistas Asociados
Televisi6n (PAT) - Canal 39 in Cochabamba, which reportedly broadcast pictures of the
crackdown on demonstrations in that city, as well as the members of the PAT television network
reported to have ffilmed and shown the shooting of Hugo Gaza (17 years).
23. On 18 July 2000, the Special Rapporteur sent an urgent appeal jointly with the
Special Rapporteur on the question of torture regarding the cases of Juan Carlos Caballero,
Oscar Martin Serna, Ronald Alber Horna Aranda (a Peruvian national) and Carlos Albert Simoes
Junior. OEe four were reportedly being kept in punishment and solitary conffinement cells at the
high security prison of San Pedro de Chonchocoro in La Paz, Bolivia. OEe Special Rapporteurs
expressed concern in their urgent appeal about information received regarding the torture to
which the said detainees might have been subjected.
24. On 6 October, the Special Rapporteur sent an urgent appeal jointly with the Special
Rapporteur on the question of torture aifier receiving information about the events
of 18 and 28 September 2000, when hundreds of peasants are said to have blocked roads in the
departments of La Paz, Santa Cruz, Cochabamba and Chuquisaca. It is reported that 40 persons
were detained, 23 were injured and 3 died as a result of those events. The Special Rapporteur
requested the Government to take the necessary steps to prevent any recurrence of such incidents
and asked to be provided with information about investigations under way to establish the facts.
Communications sent
25. The Special Rapporteur transmitted an allegation to the Government of Bolivia relating
to the case of Victor Hugo Daza, a 17-year-old student who reportedly died on 8 April 2000
aifier being shot in the head, according to the source, by a member of the Army's Seventh
Division. OEe incident allegedly took place during a demonstration against an increase in water
rates in the town of Cochabamba, where the army is said to have opened ffire on the
demonstrators.
Communications received
26. By a letter dated 13 September 2000, the Government of Bolivia conveyed information to
the Special Rapporteur regarding the case of Victor Hugo Daza. According to the information
received, it had not been possible to identify the perpetrator owing to the failure of any military
E/CN. 4/2001/9/Add. 1
page 11
personnel to come forward and make statements. According to the death certifficate, the cause of
death was a gunshot wound in the labial region of the head. The Government indicated that,
although no autopsy was performed, an examination of the dead body on 25 May conffirmed the
cause of death. In the communication it is stated that a case was opened automatically and that
the complaint from the victim's mother was made later. The case is being investigated
Bnizfi
27. During the period under review the Special Rapporteur transmitted six urgent appeals,
one jointly with the Special Rapporteur on the question of torture, to the Government of Brazil.
Urgent appeals
28. On 1 March 2000 the Special Rapporteur sent an urgent appeal to the Government of
Brazil on behalf of Marcelo and Alexandre Barbosa dos Santos, both witnesses to the killing of
their brother Fabio. According to reports Fabio Barbosa was shot in the back, allegedly by a
military police off cer as he was passing a police vehicle in SAo Paulo on 5 December 1999. It
was brought to the attention of the Special Rapporteur that when Fabio's parents reported his
killing to the civil police (responsible for investigating crimes), the police chief allegedly refused
to record their complaint. OEey later reported the killing to the SAo Paulo Police Ombudsman's
offce and the two police offcers have since been charged with homicide. It was also reported
that Marcelo Barbosa, who accompanied his mother to the 22nd Military Police Battalion where
she had been summoned to testify on 23 February, was reportedly approached by two policemen
who allegedly told him that if anything happened to the policemen charged with his brother's
murder, he should be careful because he never knew who might be travelling in the bus he
drives”. In view of these allegations, the Special Rapporteur urged the Government of Brazil to
take all necessary steps to ensure the safety and physical integrity of Marcelo and Alexandre
Barbosa dos Santos.
29. On 22 March 2000, the Special Rapporteur sent an urgent appeal to the Government of
Brazil expressing her concern over the safety of members of the Macuxi and Wapixana
communities in Roraima State, as well as some individuals who work directly with them. OEe
Special Rapporteur had received reports of threats to the safety of Sirley Fatima Weber Marcelo
and Edna Margarida Pitarelli, nuns from the order Servas do Espirito Santo , Jeronimo Pereira
da Silva, General Coordinator of Roraima Indigenous Council ( Conselho Indigena de Roraima ,
CIR), Jacir Jose da Souza, CIR regional leader, and Walter Bbs, member of the National Indian
Foundation ( FundaQao Nacional do Indio , FUNAI). It was reported that these persons had been
harassed and threatened in connection with their involvement in campaigning for the legalization
of the indigenous peoples' claim to territory in Roraima State. On 2 March, Jeronimo Pereira
da Silva and Jacir Jose da Souza were allegedly stopped and threatened by a group of armed
military police, who were setting up a roadblock near the community of Urucuri, SAo Mateus,
Roraima State. On 4 March, Sirley Fatima Weber Marcelo and Edna Margarida Pitarelli, who
work with Macuxi and Wapixana indigenous people, were allegedly threatened by a group of
more than 30 landowners while travelling towards the indigenous territory of Ananas in the
Amajari region. It was further reported that Walter Bbs had received several death threats
because of his professional activity within the National Indian Foundation in Boa Vista, which is
responsible for the process of legalization of the Macuxi and Wapixana territorial claims.
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page 12
30. On 28 May 2000, the Special Rapporteur informed the Government of Brazil about
concerns expressed over the safety of Henri de Rosiers, a priest who worked as a lawyer for the
Catholic human rights organization CommisAo Pastoral da Terra (CPT), (Pastoral Land
Commission), in Xinguara, in the south of Pant State. The Special Rapporteur had been
informed of the death threats against Henri de Rosiers whose name had reportedly appeared on a
death list drawn up by a death squad. It was reported that Henri de Rosiers was the prosecution
lawyer in the expected trial of a local landowner accused of ordering the killing of land activist
Expedito Ribeiro de Souza, President of the Sindicato de Trabalhadores Rurais (Union of Rural
Workers), who died on 2 February 1991 in Rio Maria, Pant.
31. On 19 June the Special Rapporteur sent an urgent appeal to the Government of Brazil
concerning the safety of Eduardo Bernardes da Silva, an Amnesty International member who had
received several death threats allegedly because of his work as a defender of the rights of gay
and lesbian groups.
32. On 7 July 2000 the Special Rapporteur, jointly with the Special Rapporteur on torture,
sent an urgent appeal concerning the case of Anderson Carlos Crispiano, who was reportedly
arrested by a group of police offcers in connection with two homicides. OEe Special
Rapporteurs received reports that Anderson Carlos Cipriano had been severely beaten on the
head, face and other parts of his body and had had four toenails torn out. He reportedly had lost
consciousness and had been taken to the Bonsucesso General Hospital. As a result of the torture,
he had reportedly been unable to speak, suffered from partial paralysis and had been diagnosed
initially with a stroke. The Special Rapporteurs were informed that family members of
Anderson Carlos Cipriano had received several death threats and that their lives may be at risk.
33. On 5 July 2000 the Special Rapporteur sent an urgent appeal to the Government of Brazil
concerning the death threats allegedly received on 28 June 2000 by Dionisio Vendresen, member
of the Guarapuava Pastoral Land Commission. OEe Special Rapporteur was informed that the
death threats were directly connected with his work as a human rights activist.
34. On 26 September 2000 the Special Rapporteur sent an urgent appeal to the Government
of Brazil referring to reports that, on 9 September 2000, Sandoval Alves de Lima, one of the
leaders of a group of 78 families occupying the Fazenda Antas estate in the municipality of
Sobrado, had reportedly been shot dead in the municipality of Sap&. It is alleged that the killer,
who reportedly works for a local businessman with close links to the owner of the Fazenda
Antas, shouted to bystanders that he had not ffinished and that he had a death list with ffive more
names on it, reportedly Jose Vitor de Oliveira Neto, Antonio Epitacio da Costa, Manoel Paulo
and Josenilton Carreiro de Melo. According to the information received, despite the fact that
CPT had provided the authorities with a list of eyewitnesses, no action has reportedly been taken
to open an investigation into the murder of Sandoval Alves de Lima.
Communications received
35. By a letter dated 24 July 2000 the Government of Brazil provided information to the
Special Rapporteur about the case of Fabio Barbosa dos Santos, who according to the
Government died in cross-ffire with members of the police when the latter ordered Fabio Barbosa
dos Santos and four other individuals who were riding motorcycles, to stop. OEe Government
E/CN. 4/2001/9/Add. 1
page 13
stated that an investigation had been opened to clarify the facts. With regard to the death threats
reportedly received by Marcelo and Alexandre Barbosa dos Santos, brothers of Fabio Barbosa
dos Santos and witnesses in the case relating to his death, the Government indicated that the
Chief of the Civil Police in SAo Paulo had made arrangements to provide for the safety and
physical integrity of Marcelo and Alexandre Barbosa dos Santos.
Bunindi
Urgent appeals
36. The Special Rapporteur transmitted ajoint urgent appeal with the Special Rapporteur on
the situation of human rights in Burundi on 30 October 2000 on behalf of Napol&on Manikariza
and Ren& Rukengamangamizi who had been sentenced to death on 18 October by the Conseil de
Guerre. It was reported that the convicted were executed on 19 October 2000. It was alleged
that the accused had no right to defence or appeal against the sentence.
Communications sent
37. The Special Rapporteur transmitted three allegations to the Government of Burundi
concerning the violation of the right to life of more than 128 individuals.
38. According to the information received, more than 28 civilians were killed by soldiers on
29 September 2000 to the north of Bujumbura aifier a military operation in the area. More
speciffically, it was at Kamenge, Gasenyi and Gituro, several kilometres to the north of
Bujumbura, that some massacres were reportedly perpetrated.
39. According to the information received, more than 43 civilians were killed by soldiers
on 31 December 1999 to the south of Bujumbura aifier a military operation in the area. More
speciffically, it was at Kabezi, to the south of Bujumbura, that some massacres were reportedly
perpetrated. Several dozen civilians, including women and children were reportedly killed.
40. According to the information received, Haruna Etungano, Pedezo Chuki, Sifa Lubanda
and 57 other unidentified persons were killed by soldiers on 9 May 1999 in the village of
Karamba, on the shore of Lake Tanganya, aifier a military operation in the area.
Communications received
41. The Special Rapporteur regrets that at the time of the ffinalization of this report the
Government had not transmitted any reply to her communications.
Cameroon
Communications received
42. On 10 August 2000 the Government of Cameroon transmitted information concerning
the case of Mr. Tchambou. The Special Rapporteur, jointly with the Special Rapporteur
on torture, had transmitted an urgent appeal concerning the safety of Mr. Tchambou
E/CN. 4/2001/9/Add. 1
page 14
on 26 November 1999. The Government reported that the detention of Mr. Tchambou was not
related to his activities as a member of the Mouvement pour la defense des droits de l'homme et
des libert&s (MDHL) but was due to an alleged common law infraction.
Canada
Urgent appeals
43. On 9 August 2000 the Special Rapporteur, jointly with the Special Rapporteur on
violence against women and the Special Rapporteur on the human rights of migrants, sent an
urgent appeal to the Government concerning Anam Iqra, a Pakistani female citizen who has
sought refugee status in Canada. According to the information received by the Special
Rapporteurs, Anam Iqra's mother had been murdered by her father for not conforming to the
traditional practices of her family. After her mother was murdered, Ms. Iqra had allegedly been
confined and tortured by her brother. It was reported that her family threatened to kill her in case
of any protest. Ms. Iqra ran away from home and was in hiding in diLerent places, pursued by
her brother and male members of her family who threatened to kill her. She was helped to
escape to the United States of America from where she went to Canada. According to the
information brought to the Special Rapporteur's attention, she was at risk of being deported from
Canada to Pakistan. The Special Rapporteurs expressed their deep concern about her fate in
Pakistan should she be deported.
Communications received
44. On 28 November 2000 the Government of Canada transmitted to the Special Rapporteur
information concerning Anam Iqra. The Government reported that Anam Iqra was determined
eligible to be considered as a refugee (i.e. to enter the refugee determination process)
on 25 July 2000. On 7 September 2000, she obtained an employment authorization, so she could
work while the refugee determination process went on. According to the Government it
currently takes approximately eight months in Qu&bec region for a hearing to be held and a
decision on refugee status to be made. The Immigration and Refugee Board, which decides
refugee claims, is subject to strict privacy regulations which do not allow it to provide
information on refugee claims without the express permission of the applicant and/or her legal
counsel. OEe Government reported that no decision had been made to deport Anam Iqra and that
the concerns expressed by the Special Rapporteur had been transmitted to the Refugee Hearing
OLicer to be added to Anam Iqra's ffile for the purposes of the hearing. As Anam Iqra had
entered Canada from the United States, the Government of Canada reported that deportation,
were it to be considered, would be considered to the United States and not to Pakistan. Canada
has a reciprocal agreement with the United States on deportations.
Chile
Communications received
45. On 8 November 2000 the Government of Chile replied to an urgent appeal transmitted by
the Special Rapporteur on 14 January 1999 and reported in last year's report. OEe Special
Rapporteur had expressed her concern over reports of death threats allegedly received by
E/CN. 4/2001/9/Add. 1
page 15
members of the non-governmental organization Corporaci6n por los Derechos del Pueblo
(CODEPU). According to the reply transmitted by the Government, the Director of the
carabineros affrmed that there had been no death threats addressed to CODEPU members. The
Government stated that the Penal Court 12 of Santiago, in charge of the investigation, had
reported that no claim had been ffiled concerning death threats received by CODEPU.
China
46. The Special Rapporteur transmitted four urgent appeals concerning four individuals who
were reportedly facing imminent execution.
Urgent appeals
47. On 10 March 2000 the Special Rapporteur sent an urgent appeal to the Government of
China concerning the case of Hu Changqing, former vice-governor of Jiangxi province.
Mr. Hu Changqing had reportedly been sentenced to death on 15 February 2000 by the
Nanchang Intermediate People's Court for various crimes of corruption.. The Supreme People's
Court upheld the sentence and Hu Changqing was reportedly executed.
48. On 20 June 2000 the Special Rapporteur sent an urgent appeal concerning the case of
Fang Yong, who was sentenced to death for corruption by the Ningbo City Intermediate People's
Court in Zhejiang province on 8 June 2000. Mr. Fang Yong, who worked as an accountant with
the China Bank of Communications, was alleged to have embezzled public funds from the bank
reportedly using forged documents. The Special Rapporteur appealed to the Government to
refflain from executing Mr. Fang Yong.
49. On 12 July 2000 the Special Rapporteur sent an urgent appeal jointly with the Special
Rapporteur on torture concerning the case of Zhuo Xiaojun who was sentenced to death aifier
being convicted of intentional killings” by Fuzhou City Intermediate People's Court. It had
been alleged that his trial and pre-trial detention did not meet basic international fair trial
standards. Fears had been expressed that he had been tortured under interrogation and might be
at risk of more torture or other forms of ill-treatment.
50. On 10 August 2000 the Special Rapporteur sent an urgent appeal to the Government
concerning the case of Cheng Kejie, a 66-year-old senior member of Parliament of the People's
Republic of China, who was sentenced to death on 31 July 2000 by the Beijing No. 1
Intermediate People's Court. It had been reported that Mr. Cheng Kejie had been sentenced to
death for various crimes of corruption. In March 2000, he was removed from his National
People's Congress post and subsequently expelled from the Communist Party.
Communications sent
51. The Special Rapporteur transmitted eight communications of violations of the right to life
to the Government of China on behalf of the following persons.
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page 16
52. On 21 April 2000, Li Hiu-Xi was reportedly taken to the police station in Hou town,
where he was allegedly subjected to severe beatings by the police. The police reportedly
informed the family of his death only aifier having cremated his body in the morning
of 22 April 2000. The police allegedly threatened his family not to tell anyone about it.
53. On 29 September 1999, Zhao Jinhua was working in the flelds when she was arrested by
the police. She was reportedly taken to a police station where she was severely beaten and
subjected to electric shocks. It was alleged that she died in police custody as a result of this
treatment on 7 October 1999. An offcial autopsy report allegedly stated that her body displayed
multiple wounds to the head and other parts of her body, probably sustained as a result of
beatings with a blunt object.
54. Chen Zixiu reportedly died while in police custody on 20 February 2000. It was reported
that she was captured by the person responsible for regulating Falun Gong in her area, and taken
to the Beigua police station. OEe following day she was reportedly transferred to the Falun
Gong Re-education Centre”- Chengguan Street branch, where she was allegedly subjected to
severe beatings by State off cials for several days. It is alleged that Chen Zixiu died in custody
as a result of this ill-treatment.
55. Li Zaiji had reportedly been sentenced to one year of forced labour because of his
Falun Gong activities. On 7 July 2000, the police in Jilin city reportedly told his family to go to
the local hospital to take care of him. When they arrived at the hospital, Li Zaiji was allegedly
already dead. It is reported that his body displayed multiple wounds, suggesting that he had been
severely ill-treated. His body was reportedly cremated by the police on 14 July 2000.
56. Wang Xingtian allegedly died on 25 March 2000. It was reported that
on 21 February 2000, the Dayang village authorities detained Wang Xingtian
and 11 other persons in order to prevent them from going to Beijing to appeal against the
treatment of Falun Gong practitioners. Aifier 33 days in detention they were reportedly taken to
Beiquanli jail. While in detention the 12 persons were allegedly ordered to write a statement
denouncing Falun Gong. Wang Xingtian reportedly refused to sign this document.
On 25 March 2000, the village authorities in Beiquanly allegedly brought in a group of men who
beat Wang Xingtian using electric batons and police truncheons. It is reported that he died of his
wounds on 25 March 2000 at around 5.00 p.m.
57. It was reported that on 21 April 2000, Li Huixi was on his way from his home town to
Beijing when he was stopped by the police and escorted to the police station in Hou town. It is
alleged that he was severely beaten while in custody. On 22 April 2000, the police reportedly
informed his family of his death aifier having cremated his body. OEe police allegedly warned
the family not to tell anyone about the death.
58. It was reported that on 2 March 2000, Zhang Zhenggang was taken into custody at the
Huaian police station. On 25 March 2000 he was allegedly subjected to severe beatings, which
reportedly resulted in injuries to his skull and brain. According to the information received, he
was later sent to the hospital in Huaian city for emergency treatment, where he fell into a coma.
Zhang Zhenggang reportedly died at Huaian hospital on 30 March 2000.
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page 17
59. It was reported that in September 1999, Zhou Zhichang was arrested and taken to the
detention centre in Shuangcheng city. On 6 May 2000, aifier several days on hunger strike, he
was reportedly taken to Shuangcheng hospital where he died the same aifiernoon. It is reported
that his body displayed injuries suggesting that he had been subjected to ill-treatment while in
custody.
Communications received
60. The Government of China transmitted replies to the Special Rapporteur on 21 November
and 1 December 2000. The replies have been submitted for translation.
Colombia
61. During the period under review, the Special Rapporteur continued to receive a large
number of allegations of violations of the right to life in Colombia. The Special Rapporteur
wishes to state that 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. The Special Rapporteur is appalled by the acts committed
on 5 May 2000, allegedly by members of the paramilitary and the military, in Vereda de la Pica,
Department of Antioquia, where six minors died.
Urgent appeals
(a) Actions carried out by paramilitary groups
Human rights activists
62. On 22 February, the Special Rapporteur sent an urgent appeal to the Government of
Colombia aifier learning that, at 7.30 a.m. on 19 February, around 20 armed and uniformed men
had reportedly entered the peace community of San Jos& de Apartad6. They are said to have
broken into several premises there, killing Jos& Ubaldo Quintero, Edgar Mario Urrego Osorio,
Luis Eduardo Ciro Arestiz5bal, Alonso Jim&nez and Albeiro Montoya. The source reported that
several witnesses had identiffied badges belonging to the 17th Brigade on the uniforms of the
paramilitaries. It is reported that members of the 17th Brigade were seen at an estate called
La Guantinaja near San Jos& de Apartad6, in the community of Caracoli shortly before the
events. In this context, the Special Rapporteur referred to the urgent appeal sent to the
Government of Colombia on 13 April 1999, in which she had drawn the Government's attention
to the risk she saw to the lives of the inhabitants of the peace community in San Juan de
Apartad6 aifier having been informed of several operations, presumably by paramilitary groups,
in the area that had reportedly caused the deaths of several persons.
63. On 27 March, the Special Rapporteur was informed of the killing on 22 March of
Otoniel Bautista Mantilla and Ricardo Antonio Goes Restrepo, members of the community
of displaced persons in Turbo, by members of a paramilitary group. OEe Special Rapporteur,
through an urgent appeal, informed the Government of Colombia that two armed men had
reportedly killed Otoniel Bautista Mantilla at his home, in the presence of his wife and daughter,
aifier asking for his identity papers. Ricardo Antonio Goes Restrepo was reportedly killed by two
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page 18
men belonging, according to the source, to the same paramilitary group, aifier the funeral wake
for Otoniel Bautista Mantilla. The two victims were working on the return of displaced persons
from the Turbo community to their homes in the Caraica river basin, in the department of
El Choc6. The community of displaced persons have been in Turbo since February 1997, when
thousands of inhabitants of the department of El Choc6 were forced to flee because of attacks by
paramilitary groups in the area. The Special Rapporteur expressed her concern at the fact that,
despite the strong military presence in the area, the displaced persons of Turbo were continuing
to be threatened and their leaders killed by paramilitary groups, who were reportedly impeding
the peaceful return of the displaced persons.
64. On 17 April, the Special Rapporteur sent an urgent appeal to the Government of
Colombia relating to death threats received by Pablo Javier Arenales, a member of the
Corporaci6n Regional de Derechos Humanos (CREDHOS) of Barrancabermeja, department of
Santander. Pablo Javier Arenales had reportedly received several death threats since
March 1999, when two armed men allegedly tried to kill him. The Special Rapporteur informed
the Government that on 9 April Pablo Javier Arenales had reportedly received several telephone
calls during which a man identifying himself as a member of the paramilitary group
Autodefensas del Magdalena Medio threatened to kill him if he did not leave the region
within 24 hours.
65. On 19 June, the Special Rapporteur sent an urgent appeal to the Government of Colombia
aifier having been informed of death threats received by Rocio Campos, a human rights defender
working for the Asociaci6n de Familiares de Desaparecidos-Detenidos (ASFADDES).
According to the information received by the Special Rapporteur, Rocio Campos received
several telephone calls at his home in Barrancabermeja, department of Santander, during which
he was made to listen to a recording of gunshots. On other occasions the authors of the calls
referred, according to the source, to Rocio's brother, Daniel Campos, who was abducted together
with 30 other persons in Barrancabermeja on 16 May 1998 and whose whereabouts are
unknown. On 17 July the Special Rapporteur transmitted additional information regarding the
threats made against Rocio Campos and other members of the ASFADDES organization.
66. On 31 August 2000, the Special Rapporteur sent an urgent appeal concerning the death
threats reportedly received by M6nica Madero Vergel, Secretary of the Corporaci6n Regional
para la Defensa de los Derechos Humanos (CREDHOS) based in Barrancabermeja, department
of Santander. According to the information received, M6nica Madero Vergel received several
telephone calls in which an anonymous caller threatened her with death. It is stated that
CREDHOS had on several occasions reported the presumed links between members of the army
and various paramilitary groups. OEe source stated that the threats were directly linked to the
above-mentioned reports. OEe Special Rapporteur drew the Government's attention to
information received concerning the existence of a list allegedly distributed by a paramilitary
group in the department of Santander giving the names of about 500 people, most of them human
rights defenders, and accusing them of being collaborators or sympathisers with guerrilla forces
and declaring them to be military targets.
67. On 26 October 2000, the Special Rapporteur sent an urgent appeal concerning
Nelson Restrepo, Ignacio Arango, Juan Carlos Muffioz, Fredy V&lez and Wilfer Bonilla,
members of the Instituto Popular de Capacitaci6n de Colombia (IPC), which had reportedly
E/CN. 4/2001/9/Add. 1
page 19
received death threats. According to the source, on 9 October 2000 the IPC offces in Medellin
had received three telephone calls from persons claiming to be members of the Autodefensas
Unidas de Colombia (AUC) and stating that the above-mentioned persons had been declared
military targets”. The source furthermore states that IPC was the target of two attacks in 1999.
According to the information received, on 28 January 1999 four members of that institution were
abducted by a paramilitary group, and on 29 August 1999 an explosive device was activated at
the institution's headquarters.
Lawyers
68. On 23 May 2000, the Special Rapporteur transmitted an urgent appeal, jointly with the
Special Rapporteur on the independence ofjudges and lawyers, concerning the case of the
human rights lawyer Aliro Uribe Muffioz, who was working for the Jos& Alvear Restrepo law
ffirm in Bogot and had been included in a list of names prepared by a paramilitary group.
According to the information received, prior to the appearance of the said list, Mr. Uribe had
been described as a guerrilla collaborator in a report of the Colombian Intelligence Service. It is
alleged that Mr. Uribe had been subjected to continued harassment for some time, and the
Special Rapporteur on the independence ofjudges and lawyers pointed out that he had sent a
letter previously concerning his situation.
Political leaders and trade unionists
69. The Special Rapporteur sent an urgent appeal on 26 January 2000 to the Government of
Cuba concerning the kidnappings of Hurberney Giraldo and Jos& Evelio Gallo, members of the
Corriente de Renovaci6n Socialista (CRS) party. According to the information received by the
Special Rapporteur, Hurberney Giraldo and Jos& Evelio Gallo had been abducted, together with
two other associates from the same political party, by members of the paramilitary group
Autodefensas Unidas de C6rdoba y Urab t (ACCU) on 23 January at the La Galleta estate,
department of Antioquia.
70. On 4 July 2000 the Special Rapporteur sent an urgent appeal jointly with the
Special Rapporteur on the freedom of opinion and expression concerning Roberth Caffiarte
Montealegre, a trade unionist who had been abducted allegedly by members of the paramilitary
group Autodefensas Unidas de Colombia. According to the information received by the
Special Rapporteurs, Roberth Caffiarte Montealegre had been abducted on 29 June 2000 in the
south west of the Valle del Cauca department, aifier he reportedly received death threats allegedly
by members of the above-mentioned paramilitary group.
71. On 9 August 2000, the Special Rapporteur sent an urgent appeal, jointly with the Special
Rapporteur on freedom of opinion and expression, concerning the alleged harassment of and
threats against Gerardo Gonz5iez, Secretary for Agrarian and Indigenous Affairs of the Central
Unitaria de Trabajadores (CUT), President of the Sindicato de Pequeffios Agricultores de
Cundinamarca (SINPEAGRICUN) and member of the Advisory Council attached to the
International Labour Organization (ILO). According to the information, on 5 May 2000 a
pamphlet had been published giving information about a forthcoming paramilitary offensive in
Bogot and announcing the execution of several persons, including Gerardo Gonz5iez. In
August 1999, furthermore, his name had reportedly appeared in a list of the Ej&rcito Rebelde
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page 20
Colombiano” where he was threatened with death. In previous years he had reportedly been
forced to leave the region where he was living because of constant threats against both him and
his family.
72. The Special Rapporteur sent an urgent appeal on 4 October 2000 to the Government of
Colombia aifier being informed that on 19 September 2000 an armed man had reportedly
attempted to kill Ricardo Herrera, leader of the Sindicato de las Empresas Municipales de Cali
(SINTRAEMCALI). As a result of this attack, Omar Noguera was reportedly killed. OEe
source indicates that Ricardo Herrera had received repeated death threats in the past. In this
context, Alexander L6pez, another leader of the same trade union, had reportedly been obliged
to leave his place of residence aifier alleged plans to kill him were discovered.
Peasants
73. On 10 February 2000, the Special Rapporteur was informed that members of the
paramilitary group Autodefensas Unidas de Colombia (AUC) had made an incursion
on 7 February into San Jos& de It&, department of Antioquia, where they reportedly threatened
to kill the local population of La Congoja, Campo Bijao and Puerto Nuevo de It&. As a result
of the operation, some 400 people reportedly leifi the towns. During the AUC attack,
Gabriel Castaffieda and Jos& Ignacio SIIrez, farmers from the town of San Jos& de It&, were
reportedly killed. It is also indicated that a son of Jos& Ignacio Su5rez was kidnapped by the
same paramilitary group and there were fears for his life. The Special Rapporteur informed the
Government of Colombia through an urgent appeal that, despite the continued reports about the
danger to the inhabitants of the region and notwithstanding the substantial presence of the
Colombian armed forces there, the source stated that no steps had been taken to protect the
towns. In the light of these reports, the Special Rapporteur expressed her fears about the danger
to the lives of the residents of La Congoja, Campo Bijao and Puerto Nuevo de It&.
74. On 14 March, the Special Rapporteur expressed her concern to the Government of
Colombia aifier learning that, in the morning of 5 March, a group of 150 armed men said to be
members of the Autodefensas Campesinas de C6rdoba y Urab t (ACCU) had reportedly forced
their way into the settlement of San Luis Beltntn in the municipality of Yond6, department of
Antioquia. The attackers reportedly took eight people from their homes and led them to the main
square in the settlement. There, from a list they were holding, they allegedly selected
seven people to be executed in the presence of their families and neighbours. OEose reportedly
killed included the peasants Pedro Chac6n, Pastor Chac6n, Juan Evangelista Chac6n,
Dagoberto M&ndez, Leonel Pedroso Villareal, Oscar Mauricio Pedroso Villareal and Pedro
Chac6n Albarracin. As they withdrew, the paramilitaries reportedly took away two people. OEe
Special Rapporteur expressed her concern over the fact that, despite continued reports about the
danger facing the inhabitants of the region and notwithstanding the substantial presence of the
Colombian armed forces there, the source affrmed that no steps were taken to protect the
peasants in the area. In the light of these reports there are fears that the lives and physical
integrity of the peasants inhabiting the area might still be at risk.
75. On 15 March, the Special Rapporteur sent an urgent appeal to the Government of
Colombia aifier being informed that, between 16 and 19 February, 350 men of the paramilitary
group Autodefensas Unidas de Colombia (AUC) had reportedly made an incursion into the
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page 21
municipalities of Ovejas, in the departments of Sucre and El Salado, Bolivar. OEe paramilitaries
are said to have passed through several localities, including San Pedro, Canutalito, Canutal,
Flor del Monte, Bajo Grande, El Cielito, Palmarito and Cienagueta, within the jurisdiction of
Ovejas, and then reportedly proceeded to the settlement of El Salado. During their passage
through these localities, the paramilitaries allegedly killed 18 people in the villages of Ovej as
and 36 in El Salado. The Special Rapporteur was informed that in El Salado the paramilitaries
had reportedly taken a group of people to a basketball ground where, as they were drinking and
singing, they allegedly tortured 36 people to death. According to the information received by the
Special Rapporteur, the victims showed signs of mutilation, including shooting or stabbing, and
smashing of the skull. The victims reportedly included a six-year old girl who, according to
eyewitnesses, had been tied to a stake and had her head covered with a plastic bag causing death
from asphyxia. OEe Special Rapporteur requested the Government of Colombia to take the
necessary measures to avoid any recurrence of such incidents and reminded the Government of
its obligations to ensure respect for the right to life.
76. On 12 April, members of the paramilitary group Autodefensas Unidas de
Colombia (AUC) reportedly attacked the residents of El Tarra and Tib , municipalities located
to the north of the province of Santander, on 6 April. It is reported that, as a result of this
incursion, at least 20 people were killed. The source maintains that the paramilitaries were
looking for individuals whose names appeared on a list they were holding and were to be
executed. Despite the continued reports about the danger facing residents in the area and
notwithstanding the strong presence of the Colombian armed forces there, the source afffirmed
that no action was taken to prevent these regrettable incidents. In the light of these reports and
referring to the communication she had sent to the Government of Colombia on 25 August, the
Special Rapporteur conveyed her deepest concern about the danger to the lives of the inhabitants
of the region bearing in mind that, despite the strong presence of units of the Colombian armed
forces in the area, such incidents had allegedly recurred.
77. On 1 May, the Special Rapporteur jointly with the Representative of the
Secretary-General on internally displaced persons sent an urgent appeal to the Government of
Colombia expressing concern about the events that had occurred between 21 and 26 April, when
a group of some 400 paramilitaries had reportedly entered the settlement of Cerro Azul, in the
municipality of San Pablo, in the Magdalena Medio area. OEe paramilitaries reportedly
withdrew taking with them Maria Estrada, Jesiis Fl6rez Estrada, Orlando Badilla and two other
peasants. The source stated that the paramilitaries leifi the scene with their captives in a
helicopter in the direction of San Blas. The Special Rapporteur and the Representative of the
Secretary-General expressed their concern as to the whereabouts of the above-mentioned
persons. As a result of the action of this paramilitary group, about 160 peasants were reportedly
obliged to move to the village of San Juan Alto. OEe Special Rapporteur and the Representative
of the Secretary-General informed the Government that the paramilitaries were, according to the
source, preventing food and medicines from being delivered to that area; the displaced peasants
were therefore still completely unprotected and their lives were at serious risk. The source also
indicated that the paramilitaries were holding 25 peasants in the hamlet of Cerro Azul, obliging
them to bring water and cook for them. OEe Special Rapporteur and the Representative of the
Secretary-General drew the attention of the Government of Colombia to the situation of the
E/CN. 4/2001/9/Add. 1
page 22
people living around Barrancabermejo and particularly Magdalena Medio; these persons,
according to the information continuing to be received, were being systematically harassed by
paramilitary groups that were endangering the lives of the inhabitants of the region.
78. On 11 July 2000, the Special Rapporteur sent an urgent appeal to the Government
relating to the deaths of Rigoberto Guzm5n, Elodino Rivera, Diafanor Correa,
Humberto Sep lved a , Pedro Zapata and Jaime Guzm5n, who had reportedly been executed
publicly, apparently in a joint operation by the army and paramilitaries. On 8 July 2000,
about 20 armed and hooded men had reportedly entered La Uni6n, one of the 17 villages of the
peace community of San Jos& de Apartad6, in the department of Antioquia. According to the
information, they had gathered the inhabitants in the centre of the village, separating the men
from the women and children, and had shot those named above. Later, 63 families of La Uni6n
had been forced to flee because of threats made against them. OEe Special Rapporteur was
informed that a helicopter apparently belonging to the 17th Brigade had overflown the area
during the attack. Witnesses reportedly stated that ffive days before, a convoy of at
least 100 soldiers, thought to have been from the 17th Battalion, had passed through the
mountains in the direction of San Jos& de Apartad6. According to the source, among the
soldiers there had been at least two men in military clothing with no insignias. The soldiers were
reportedly from the Bejaranos Battalion and the Diaz L6pez Counter-Guerrillas Battalion. OEe
army is said to have denied any such presence in the area. According to the information, during
the attack on La Uni6n, soldiers, some of them in civilian clothes, had stopped and threatened
peasants on the road to San Jos& de Apartad6. Two days before the attack, soldiers had
reportedly referred to the peace community as a guerrilla community”.
79. On 12 July 2000, the Special Rapporteur sent an urgent appeal to the Government
expressing her concern about information received concerning two settlements for displaced
persons in Medellin. According to the information, on 2 July 2000 a group of heavily armed
men in civilian clothes reportedly identiffied as members of the Autodefensas Unidas de
Colombia (AUC) had entered the neighbourhoods of El Pinal and La Cruz, settlements for
displaced persons in Medellin, and had threatened to kill several inhabitants they considered to
be guerrillas. OEese threats reportedly coincided with the taking of hostages by the
paramilitaries in the vicinity of Medellin. On 3 July 2000, a group of youths heading towards
Piedras Blancas were reportedly stopped by paramilitaries, who allegedly abducted one of them.
According to information of the same date, about 11 police off cers reportedly entered the
neighbourhood of La Cruz in the North-Eastern Community of Medellin and harassed residents,
ffiring shots in the air and saying that there were guerrillas in that place. According to the source,
these events followed statements allegedly made by the Commander of the Army's Fourth
Brigade based in Medellin, General Eduardo Herrera Vergel, to the eLect that a protest from the
displaced persons in late June 2000 had been prompted by FARC. OEe Special Rapporteur
requested the Government to take all the necessary measures in accordance with the international
instruments in force to protect the lives of the residents of the above-mentioned communities.
80. On 14 July 2000, the Special Rapporteur sent an urgent appeal to the Government of
Colombia aifier having been informed that a group of paramilitaries operating in the region of
Montes de Maria to the north of the country had announced their intention to renew, apparently
from 19 July 2000 onwards, their attacks against the civilian population. OEe Special Rapporteur
had been informed that the threatened communities were those in the sector of La Cansonona, in
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page 23
Carmen de Bolivar, and in particular the villages of Caracol, San Isidro, Ojito de Venado,
Mam6n de Maria, L&aro, Guamuanga and La Sierra. OEe Special Rapporteur expressed her
concern about the above-mentioned threats and requested the Government to take the necessary
steps to protect the citizens of those communities.
81. On 19 September 2000, the Special Rapporteur sent an urgent appeal to the Government
of Colombia aifier having been informed that, according to information received, the paramilitary
group Autodefensas Unidas de Colombia-Bloque Calima (AUC) had ordered the return home of
a group of forcibly displaced persons who were seeking refuge in Tulu %, threatening to take
action against anyone who did not leave by 15 September 2000. OEe source indicates that the
municipality of Tulu t had provided buses for the community of displaced persons, but had
apparently not taken any steps to guarantee their safety, notwithstanding the fact that the armed
forces and allied paramilitary groups were still treating the displaced persons as sympathizers
and collaborators with the guerrilla forces.
82. On 3 August 2000, the Special Rapporteur sent an urgent appeal to the Government of
Colombia on being informed that there had been various attacks by paramilitary groups,
from 15 July onwards, resulting in the deaths of the peasants Alberto Ibarra Ibarra, Juan Alonso
Montoya Ortiz, Adilio de Jesiis Montoya Ruiz, Luciano Ur6n and Willintong de Jesiis Rivera
Ibarra, a minor, in Carmen de Atrato, department of El Choc6. The source indicates that the
paramilitaries had moved to the community of San Pablo, in Bolivar, where they had reportedly
executed Te6ffilo Tones and his young son Dario Tones. It is stated that since this incident the
paramilitaries had ill-treated and threatened the inhabitants of both towns.
83. According to the latest information received, the paramilitaries had made an incursion
on 21 July 2000 into the rural area of the municipality of Santa Rosa, with the result that
about 150 people had reportedly moved to the urban area of the municipality. It is stated that
the paramilitaries had set up check points in various parts of the region, preventing the delivery
of humanitarian aid and endangering the lives of the inhabitants of the region.
84. On 7 November 2000, the Special Rapporteur sent an urgent appeal to the Government of
Colombia aifier learning that on 4 November 2000 the paramilitary group Autodefensas Unidas
de Colombia (AUC) had reportedly made an incursion into the locality of Barrancabermeja,
department of Santander. As a result of this attack, Osvaldo Buitrago Pradilla and Rodrigo
Buitrago Pradillo are said to have been abducted and seven people were reportedly killed.
According to the source, the army, whose New Granada battalion was located in the area, had
not intervened at the time of the incursion, even though it had lasted approximately two hours.
The source also claims that since 1998 the Barrancabermeja community has been the target of
numerous attacks by paramilitary groups, as well as by the guerrillas.
Indigenous leaders
85. On 21 February the Special Rapporteur sent an urgent appeal aifier being informed of the
eviction by law enforcements offcials of members of the U'wa indigenous community at the
localities of Cedeflo and la China, near the municipalities of Cubant (Boyaca) and Toledo
(Norte de Santander), as a result of which the minors Nury Bokot?t, Mauricio Diaz and
Jorge Anicuta had reportedly lost their lives. OEe Special Rapporteur informed the Government
E/CN. 4/2001/9/Add. 1
page 24
of Colombia that since the time of the eviction, Eleonor Herrera, Luz Helena Herrera, Gustavo
Delgado, Wilson Diaz, Antonio Delgado, Nelson Diaz, Edgar Diaz, Toflo Delgado, Fredy Diaz,
Alfredo Diaz, Wilson Herrara and another 4 minors aged between 5 and 10 had disappeared. In
the light of the complaints, the Special Rapporteur warned the Government of Colombia that the
lives and physical integrity of the aforementioned persons could be at risk. OEe Special
Rapporteur mentioned the disappeared minors in particular and asked the Government to take
steps to avoid new deaths occurring.
(b) Allegations received regarding acts committed by members of the miftary or the
security forces.
Minors
86. On 27 October the Special Rapporteur sent an urgent appeal to the Government of
Colombia since, according to information received, paramilitary groups had carried out several
attacks against groups of peasants travelling from the department of Meta to Villavicencio,
Ciudad Porfia, San Carlos, El Rodeo and el Milagro. Also according to the source, between 20
and 23 October 2000 a group of 20 young people, which included Ram6n Aguil Gait5n, Nelson
Aguil Gait5n, Pedro Pablo, Ram6n Encinosa Diaz, Yineth Alvarado and Ferney N. Rios, had
been abducted by paramilitary groups in the municipality of Puerto Gait5n, in the central
department of Meta. According to the source, these young people, aged between 13 and 25, had
been ill-treated and taken to a nearby farm, El Brasil”, allegedly used as a base and training
ground by the paramilitary group for purposes of their enlistment in the group's cause.
Communications sent
87. The Special Rapporteur also transmitted communications regarding violations of the right
to life on behalf of the following persons. Some of these persons were also the subject of urgent
appeals (see above).
Human rights activists
88. According to information received, on 19 May 2000, Jesiis Ramiro Zapato Hoyos, a
human rights activist, was abducted by a group of armed men. According to the source, his
corpse was found some days later.
89. According to information received, on 19 May 2000, Elsa Alvarado and Carlos Mario
Calder6n, human rights activists, were killed by shots ffired by members of a paramilitary group
at their flat in Bogot5
90. According to information received, on 6 August 2000, Freddy Gallego, one of the leaders
of the peace community of San Francisco de Asis, department of Choc6, was abducted by forces
of the Autodefensus Campesinas de C6rdoba y Uraba (ACCU). According to the source, his
body was found three days later with torture marks.
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91. According to information received, on 1 September 2000, Orlando Moncada, one of the
leaders of the peasant association of Valle del Rio Cimitarra, was killed in an attack by a
paramilitary group.
Tnide unionists
92. According to information received, Cesar Wilson Cort&s, a militant of the trade union
Sindicato Nacional de Trabajadores de la Industria de Hilados (SINALTRADIHITEXCO) and
the Confederaci6n de Trabajadores DemocIIticos (CGTD), was abducted on 4 April as he leifi
his place of work in Enka de Colombia by a group of men belonging, according to the source, to
a paramilitary group. On 8 April, the corpse of C&sar Wilson Cort&s was allegedly found on a
path in the municipality of Girardota, Antioquia.
93. According to information received, Islem Quintero, Secretary-General of the Association
of Telecommunications Workers, Pereira section, and employee of the national
telecommunications company (TELECOM), was abducted on 6 April, apparently by members of
a paramilitary group. Islem Quintero's corpse was apparently found on 7 April in the
Department of Risaralda.
94. According to information received, R6mula Gamboa, a member of the trade union
Sindicato de Trabajadores de la Electricidad de Colombia (SINTRALECOL), Boyaca section,
was killed in an ambush apparently by members of a paramilitary group.
95. According to information received, on 17 May 2000, Carmen Emilia Rivas, president of
the trade union Asociaci6n Nacional de Trabajadores y Clinicas, Cartago section, Valle del
Cauca, died as she was about to enter the emergency unit of the Sagrado Coraz6n de Jesiis
hospital. According to information received, Carmen Emilia Rivas died of several
bullet-wounds. OEe suspected perpetrators are reportedly members of a paramilitary group.
Peasants
96. The Special Rapporteur also transmitted communications regarding violations of the right
to life on behalf of the following persons. Some of these persons were also the subject of urgent
appeals (see above).
97. According to information received, on 7 February members of the paramilitary group
Autodefensas Unidas de Colombia (AUC) carried out an incursion in San Jos& de It&, department
of Antioquia, as a result of which Gabriel Castaffieda and Jos& Ignacio Suiarez. farmers of the
village of San Jos& de It&, were murdered.
98. According to information received, at 7.30 a.m. on 19 February, about 20 armed and
uniformed men allegedly came to the peace community of San Jos& de Apartad6. OEere they
reportedly burst into several premises, killing Jos& Ubaldo Quintero, Edgar Mario Urrego
Osorio, Luis Eduardo Ciro Arestiz5bal, Alonso Jim&nez and Albeiro Montoya. According to the
source, several witnesses identiffied 17th Brigade markings on the uniforms of the paramilitaries.
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It was also reported that members of the 17th Brigade had been seen at a farm near San Jos& de
Apartad6 known as La Guantinaja”, in the community of Caracoli, a short while before the
events.
99. According to information received, in the early morning of 5 March, a group
of 150 armed men claiming to be members of the Autodefensas Campesinas de C6rdoba y Uraba
(ACCU) burst violently into the corregimiento San Luis Beltntn in the municipality of Yond6,
department of Antioquia, killing Pedro Chac6n, Pastor Chac6n, Juan Evangelista Chac6n,
Dagoberta M&ndez, Leonel Pedroso Villareal, Oscar Mauricio Pedroso Villareal and
Pedro Chac6n Albarracin. OEe attackers reportedly took eight persons from their houses,
including the seven listed above, and took them to the central square of the village. Once there,
consulting a list, they allegedly selected the seven aforementioned persons and executed them in
front of their relatives and neighbours.
100. According to information received, on 24 March 2000, Antonio Hinestroza died as a
result of an attack assumed to have been conducted by members of a paramilitary group in
Uber Quintero.
101. Alleged murder of 17 persons in El Tarra and Tib , Norte de Santander. It was reported
that on 6 April 2000, paramilitaries went searching for persons they had listed and executed
them. As a result of that operation, Ram6n Maria S tnchez S5nchez, C&sar Fernando Contreras,
Victor Manuel Peffia Remolina, Fabio S tnchez Barrera, Jos& Martin Niflo Rodriguez,
Jos& Laguado Contreras, Ovidio G6mez Garcia, Pablo Antonio Yepes Santiago, Jesiis Martin
Urbina Jaimes, Nelson Carrascal Ascanio, Jos& Hilario Santana S5nchez, Luis Ram6n Beleflo,
Eliodoro SIIrez, Luis Omar L6pez Parada, Fredy Sep lveda DuIIn, Evangelista Fl6rez DuIIn
and H&ctor Julio Casadiego reportedly lost their lives.
102. According to information received, on 10 June 2000, Bernardo Roldan was killed in an
attack by the paramilitary group Autodefensas Campesinas de C6rdoba y Uraba (ACCU).
103. According to information received, on 16 July 2000, Jos& Mosquera was abducted by a
group of paramilitaries. According to the source, his corpse was found two days later in the
Atrato river.
104. According to information received, on 26 July 2000, Antonio Mosquera was killed in an
attack by a group of paramilitaries against the boat in which he was travelling on the river
Atrato.
105. According to information received, on 16 September 2000, Aquilino Jarupia Bailarin and
Antonio Domico were abducted by members of the paramilitary group Autodefensas Unidas de
Colombia (AUC) in the Embera Katio reservation of Alto SiII, department of C6rdoba.
106. According to information received, on 16 September 2000, Miguel Bailarin was abducted
by four armed men in the municipality of Tierralta, department of C6rdoba. According to the
source, his corpse was found on 17 September 2000.
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page 27
Minors
107. According to information received, on 15 August 2000, Paula Andrea Arboleda,
Harold Giovanni Tabares, Alejandro Arboleda, Marcela S5nchez, David Ramirez and
Gustavo Isaza Carmona, all minors, were killed as they were walking with 24 other pupils and
teachers of the Veredal school. OEe above-mentioned minors were allegedly killed in an attack
carried out, according to the source, by counter-guerrilla troops of the Nutibara infantry batallion
and the 4th Brigade operating in the area.
Follow-up
108. The Special Rapporteur transmitted to the Government of Colombia communications
concerning previous allegations of violations of the right to life to which she had not received a
reply or cases in which the replies did not contain enough information in order to close the case.
In this connection the Special Rapporteur asked the Government of Colombia to provide her
with information regarding any developments concerning the cases of the following individuals
who lost their lives in 1997, 1998 and 1999: Marino USpez, Francisco Tabarquino,
Euclides Cuesta, Francisco Romaffia, Jos& Henry Hinestroza, Nicomedes Renteria,
Oscar Valderrama, Alfonso Valderrama, Edilberto Areiza, Ricaurte Monroy, Luis Albeiro
Avendaflo, Ananias Guisao, Florentino Guisao, Milton David, Angel Montoya, Herminio
Palomeque Mosquera, Jos& Osorio Montoya, Ramiro Mena, Climaco Serpa, John Jairo
Tordecillas, Luz Stella Oquendo, Leyson Arturo Franco, Jorge Ivan Franco, Rafael Antonio
Milffioz, Jesiis Arias, Jorge Correa, Florebirto Hurtado, Gilberto Arango and Emilio Zapata.
Communications received
109. This 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.
110. On 18 January 2000, the Government of Colombia sent a communication to the
Special Rapporteur concerning the alleged murder of Mr. Fabio de Jesiis G6mez Gil
on 21 December 1995 in the city of Medellin and the subsequent disappearance of his sons
Juan Carlos and Fabio Eduardo G6mez Mango. OEe Government of Colombia informed the
Special Rapporteur that the Offce of the Attorney-General had reported that the only witnesses
to the said murder were his wife and daughter, who had refused to collaborate with the
investigation. With regard to the disappearances of Juan Carlos and Fabio Eduardo
G6mez Mango, the Government of Colombia said that they had been included in the national
register of disappeared persons and that checks had been made of various corpses found in
the department of Antioquia, so far without any positive results. On 11 September 2000,
the Government of Colombia supplied the Special Rapporteur with additional information to
that sent on 18 January 2000. OEe Government of Colombia stated that according to the
information provided by the Human Rights Unit of the Offce of the Attorney-General, as part
of the investigation into the disappearance of the G6mez Mango brothers, charges had
been brought against Captain Oscar Orlando Merch5n, Sergeant Jorga Roa Cartagena and
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page 28
Agent Emiliano Mahecha Fajardo, police offcials of the Gaula in Medellin, for the oLence of
simple abduction. OEe accused had ffiled an application for conflicting jurisdictions with the
Military Criminal Court whereupon the Third Criminal Judge of the Special Circuit of Medellin
had forwarded the application to the High Council of the Judicature, where it was currently being
processed. In the light of this development, the Government stated that the investigation had
been suspended until the issue ofjurisdiction had been resolved.
111. The Government of Colombia informed the Special Rapporteur on 19 January 2000
about the disappearance of Jorge Alirio Salazar and the death of Jaime de Jesiis Puerta
Bohorquez, Alfonso de Jesiis Zulueta Arango and Francisco Castrill6n on 17 June 1996 in the
municipality of San Roque, Antioquia. OEe Government of Colombia stated that the preliminary
investigation had been suspended by order of 13 June 1998.
112. On 19 January 2000, the Government of Colombia wrote to the Special Rapporteur
concerning the alleged murders of Alejandro Melchor Suarez and Gildardo Tapasco
on 6 April 1999 in the municipality of Riosucio, Caldas, apparently at the hands of the
Autodefensas Unidas de Colombia (AUC). It stated that the investigation was being conducted
by the OEird Prosecutor's Offce attached to the Criminal Court of the Manizales Special Circuit.
According to the Government, at the time of the communication the perpetrators had not been
identiffied.
113. By letter dated 20 January 2000, the Government of Colombia provided information
about the alleged murders of Gerardo Estrada Yampuezan, Marco Antonia Nasner and
Alfredo Basante on 8 November 1996 in the municipality of OEquerres, department of Nariflo.
The Offce of the Attorney-General reported that the investigation into the matter was at the
stage of pre-trial proceedings, that two persons found to be involved had been placed in pre-trial
detention, but that they were also being held on behalf of another authority.
114. On 26 July 2000, the Government of Colombia sent the Special Rapporteur additional
information concerning the alleged disappearance of Gilberto Bautista on 20 January 1993. OEe
Government stated that the investigation had been shelved on 18 August 1993, since no
probative evidence had been found to open a disciplinary inquiry against members of the State
security forces.
115. On 19 January 2000, the Government of Colombia sent the Special Rapporteur
information concerning the alleged disappearances of Jorge Alirio Salazar, Jaime de Jesiis
Puerta Bohorquez, Alfonso de Jesiis Zuleta Arango and Franciso Castrill6n. OEe Government
stated that the proceedings undertaken for the disappearance of Mr. Salazar had been merged
with those relating to the deaths of Messrs. Puerta, Zuleta and Castrill6n, since they concerned
the same events of 17 June 1996 in the municipality of San Roque, Antioquia.
116. The Government of Colombia informed the Special Rapporteur on 20 January 2000 that
an investigation had been opened into alleged threats received by members of the Corporaci6n
Regional para la Defensa de los Derechos Humanos (CREDHOS) in Barrancabermeja.
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page 29
117. On 20 January 2000, the Government of Colombia informed the Special Rapporteur that
an investigation had been opened by the Prosecutor's Offce attached to the Criminal Court of
the Valledupar Special Circuit into the alleged abduction and subsequent murder of Luis Peroza
and Numael Vergel.
118. By letter dated 20 January 2000, the Government of Colombia informed the Special
Rapporteur of the alleged murders on 8 November 1996 of Gerardo Estrada Yampuezan,
Marco Antonio Nasner and Alfredo Bastante in the municipality of Tiiquerres, department of
Nariflo. According to the Colombian Government, the investigation into the matter was at the
stage of pre-trial proceedings; two persons had been found to be involved and had been placed in
pre-trial detention; they were also being held on behalf of another authority.
119. On 21 January 2000, the Government of Colombia informed the Special Rapporteur
that, regarding the alleged murder of the indigenous leader Lucindo Dominic6 Juripa
on 24 April 1999, the investigation into the case was at the preliminary stage and no positive
results had been obtained concerning the perpetrators or instigators. OEe Government stated that
an investigating unit had been assigned to visit the area where some members of the Embera
Katio community were located in order to investigate the events.
120. By letter dated 25 January 2000, the Government of Colombia sent the Special
Rapporteur information concerning the alleged murder of Hern5n Henao Delgado, a professor at
the Institute of Regional Studies of the University of Antioquia(INER), on 4 May 1999.
According to the Government of Colombia, the Area 171 Public Prosecutor's Off cc, Medellin
Rapid Reaction Unit, had ordered an investigation. Up to the time of the communication, it had
been ascertained only that two men and a woman had apparently entered the INER premises and
murdered Hern5n Henao Delgado.
121. On 8 March, the Government of Colombia sent information about the case of the alleged
murder of Isidro Segundo Gil, Secretary-General of the Carepa section of the Sindicato Nacional
de Trabajadores de la Industria de Alimentos (SITNATRAL), on 4 December 1996. According to
the Government of Colombia, the arrest of three persons had been ordered in connection with the
events. The Government informed the Special Rapporteur that it would continue to follow the
investigations with close attention.
122. On 8 March 2000, the Government of Colombia sent the Special Rapporteur information
concerning the murders of Silfredy Arboleda and his son Freddy Francisco Arboleda
on 15 April 1995 in Aguaclara, 10 kilometres away from the municipality of Turnaco, Nariflo.
According to the Colombian Government, on 9 July 1999 charges were brought against
Eduardo Aristides Alvarez, Javier Fernando Guerra Urango, Jos& Milton Caidedo Gonz5iez and
Jos& Ancizar Molano Padilla, for the oLences of aggravated homicide and infringement of
decree No. 1194.89.
123. The Government of Colombia, by letter dated 8 March 2000, stated that, in the case of
the murders of Jairo de Jesiis Sep lveda, Graciela Arboleda, William de Jesiis Villa Garcia and
H&ctor Hern5n Correa Garcia, pre-trial detention had been ordered on 14 December 1999 against
two persons on charges of aggravated homicide. On 8 March 2000, the Government of
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page 30
Colombia also stated that charges had been brought against four persons for the aggravated
homicide of Silfredy Arboleda and his son Freddy Francisco Arboleda, on 15 April 1995 in
Aguaclara, Nariflo.
124. On 15 March 2000, the Government of Colombia sent the Special Rapporteur additional
information regarding the danger facing some students of Antioquia University. According to
the Government, a pre-trial investigation had been ordered on 29 October 1999 and a warrant
had been issued for the arrest of Carlos Castaflo Gil for the death of student Marulanda and for
threats made against the students and offcials of Antioquia University. The Ministry of the
Interior was also providing protection to the threatened persons, oLering humanitarian assistance
to Maria Elena Piedrahita and her four children and facilitating her exit from the country and
continuing with procedures for the exit of Guillermo Montoya.
125. On 19 April 2000, the Colombian Government informed the Special Rapporteur about
the armed invasions which had occurred on 16 and 19 February 2000 in the municipalities of
Ovejas, department of Sucre, and El Salado, department of Bolivar. OEe Government said that
armed persons believed to belong to the Autodefensas de C6rdoba had carried out the invasion.
Procedures conducted to date comprised the removal of the bodies, gathering of statements from
witnesses, identity parades, and a judicial inspection with technical expertise in respect of
weapons, munitions, uniforms, documents and other confiscated items. The Government stated
that, on 23 February, pre-trial proceedings had been instituted, as by that time 15 people had
been arrested, subjected to preliminary inquiries and, as a custodial measure, placed in
preventive detention, as co-perpetrators of the crime of murder for terrorist purposes.
126. On 29 May 2000, the Colombian Government sent a communication to the Special
Rapporteur about the perilous situation of the lawyer Alirio Uribe Milffioz, a member of the law
ffirm Jos& Alvear Restrepo of Bogot t. OEe Government said that the circumstances of the case
had been communicated to the competent authorities and that measures had been taken to protect
his life. To date no information has been received regarding the adoption of any speciffic
measures.
127. On 30 May 2000, the Colombian Government informed the Special Rapporteur about the
alleged murder of Jos& Ubaldo Quinero, Edgar Mario Urrego Osoria, Luis Eduardo Ciro
Aristiz5bal, Alonso Jim&nez and Albeiro Montoya on 19 February 2000 in the village of
San Jos& de Apartado. The Government said that on 21 February a preliminary investigation and
the collection of evidence had been ordered. On 6 March, the competent prosecutor also ordered
the collection of evidence and sent an instruction to the Technical Investigatory Corps of the
Human Rights Unit and a request to the Special Prosecutor in Apartado for the conduct of these
actions.
128. On 31 May 2000, the Colombian Government sent a communication to the Special
Rapporteur regarding the death, at the hands of a paramilitary group, of Otoniel Bautista
Mantilla and Ricardo Goes Restrepo, members of the group of displaced persons from Turbo
travelling back to Cuenca del Cacarica. The Government said that investigations into their death
had been launched by the local prosecutor's offce of Turbo, Antioquia (the investigations were
registered under numbers 5178 and 5188, respectively). In addition, with regard to the public
protection agreements, the Red de Solidaridad Social said that coordination and institutional
E/CN. 4/2001/9/Add. 1
page 31
management activities had been carried out in the framework of the joint commission set up to
verify the consultation process for the return of the communities of Cacarica and that these
activities were in compliance with the commitments given by the national Government. The
Government also said that, working in coordination with the Public Prosecutor's Offce, it had
established ajustice centre for Cacarica, as an additional protection measure. Finally, the
Human Rights Advisory Offce in the Offce of the Procurator-General had launched a
preliminary investigation with a view to gathering evidence regarding the incidents perpetrated
against the displaced community of Cuenca del Cacarica.
129. On 6 June 2000, the Colombian Government informed the Special Rapporteur about the
perilous situation in which Pablo Javier Arenales, member of the Corporaci6n Regional de
Derechos Humanos (CREDHOS) of Barrancabermeja, found himself, having allegedly received
various death threats. OEe Government stated further that the Administrative Department for
National Security (DAS) had indicated that Mr. Arenales had not requested an armed escort
since, under the agreements with non-governmental organizations, human rights activists could
not be accompanied by armed persons. Accordingly, the Ministry of the Interior had assigned to
CREDHOS the necessary resources to protect the institution in the context of the programme
being implemented in Colombia. On 14 July 2000, the Colombian Government sent the Special
Rapporteur further information on the situation, stating that the investigation was at a
preliminary stage, with the taking of evidence, in consequence of which no suspects had as yet
been identiffied.
130. On 9 June 2000, the Colombian Government informed the Special Rapporteur about the
alleged armed invasion of the municipalities of El Tarra and Tib by a paramilitary group
on 6 April 2000. On 21 July 2000, the Government sent further information to the Special
Rapporteur regarding the status of investigations under way in the National Human Rights Unit
of the Attorney-General's Off cc, noting that a number of inter-agency and judicial investigation
commissions had been deployed to the area, with logistic support from the Offce of the
Vice-President.
131. On 22 June 2000, the Colombian Government sent a communication to the Special
Rapporteur regarding the alleged abduction and subsequent murder of Cesar Wilson Cort&s.
132. On 12 July 2000, the Colombian Government informed the Special Rapporteur about the
deaths of Pedro Chac6n, Pastor Chac6n, Juan Evangelista Chac6n, Dagoberto M&ndez,
Leonel Pedroso Villareal, Oscar Mauricio Pedroso and Pedro Chac6n Albarracin. OEe
Government said that an investigation into the murders had been launched on 31 March by the
Puerto Berrio local prosecutor's offce and the case had been referred on 31 March to the
Medellin Prosecutor's Offfice. By its letter of 7 August 2000, the Government transmitted
additional information to the Special Rapporteur informing her that, in accordance with
information provided by the Procurator-General's OLice, as contained in the ffiles of the OLice,
it had been established that there was no evidence of the participation of any government
offcials in this case.
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page 32
133. On 12 July 2000, the Colombian Government informed the Special Rapporteur of the
deaths of R6mulo Gamboa Carvajal and C&sar Wilson Cort&s. OEe Government stated that, by
its decision of 25 June 2000, an investigation had been launched to identify those responsible for
the murder.
134. On 13 July 2000, the Colombian Government informed the Special Rapporteur about the
situation of Pablo Javier Arenales, a member of CREDHOS in Barrancabermeja, regarding
the alleged death threats and the offce of criminal constraint which had been reported
on 19 October 1999. OEe Government stated that the investigation was at a preliminary stage,
the taking of evidence, and as a result no suspect had yet been identiffied nor had any arrest
warrant been issued.
135. On 19 July 2000, the Colombian Government informed the Special Rapporteur about the
alleged death threats against Rocio Campos, a member of ASFADES, and about the death of
Elizabeth Caffias Cano. With regard to the death of Ms. Caffias, the Government said that copies
of the case-ffile had been passed to the relevant authorities. By its letter of 11 September 2000,
the Government transmitted additional information to the Special Rapporteur about the case,
informing her that investigations had been launched and that it had ordered the taking of
evidence. With regard to the death threats received by Rocio Campos, the Government said that
the relevant authorities had been apprised of the circumstances of this case, but did not know
whether any speciffic steps had yet been taken. On 9 August 2000, the Colombian Government
sent further information to the Special Rapporteur, informing her that, on 29 July 2000, it had
been agreed to provide Rocio Campos and his son with tickets to enable them to leave the danger
area and also to provide them humanitarian assistance and means of communication, measures
which, according to the coordinator of the witness and threatened persons protection programme
of the Ministry of the Interior, had already been carried out.
136. On 21 July 2000, the Colombian Government sent a communication to the Special
Rapporteur regarding the alleged abduction and subsequent murder of Islem de Jesiis Quintero.
The Government said that, on 6 April 2000, the Technical Investigatory Corps had completed the
task of removing the body of Islem de Jesiis Quintero. According to the autopsy report, the
cause of death was homicide. OEe investigation team had launched the necessary inquiry and the
matter was currently at the preliminary investigation stage, with no known suspect, and
registered under No. 42464.
137. On 9 August 2000, the Colombian Government informed the Special Rapporteur about
the abduction of the trade unionist Roberto Caffiate Montealegre on 29 June 2000 on the road
between the corregimientos La Playa and Galicia, in the vicinity of Zarzal municipality, while he
was travelling in a refuse collection truck, which was abandoned together with its driver. The
Government said that, according to trade-union sources, the presumed perpetrators of the
abduction could be members of the so-called Autodefensas Unidas de Colombia (AUC), who
were wearing uniforms exclusively used by the armed forces and travelling in two trucks.
138. On 7 September 2000, the Colombian Government sent a communication to the Special
Rapporteur regarding the deaths of Rigoberto Guzm5n, Elodino Rivera, Diafanor Correa,
Humberto Sep lved a , Pedro Zapata and Jaime Guzm5n. The Government said that once it had
learnt of the incidents it had deployed a team from the Technical Investigatory Corps to the area
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page 33
to inspect the bodies and to ascertain what had happened. On 9 July, a preliminary investigation
was opened and the order given for the taking of evidence. By its letter of 2 November 2000, the
Government transmitted additional information to the Special Rapporteur regarding this case,
informing her that, by an order of 2 August 2000, a pre-trial inquiry had been opened, and was
currently at the stage of the collection of evidence.
139. On 15 September 2000, the Colombian Government informed the Special Rapporteur
about the deaths of Alberto Ibarra, Juan Alonso Montoya, Adilio de Jesiis Montoya Ruiz,
Luciano UIIn and the minor Willintong de Jesiis Rivera. The Government said that, in
accordance with statements by witnesses, a group of heavily armed men had burst into the
houses and chosen the victims from a list they had with them. On 31 July, the investigation into
this case was referred to the First Prosecutor's Offce of the Quibd6 Unit on Crimes against Life
and Security of Person and on 1 August the order given for the preliminary investigation to begin
and for the necessary fact-ffinding work to be carried out.
140. On 15 September 2000, the Colombian Government informed the Special Rapporteur
about the alleged disappearances of Maria Estrada, Jesiis Flores Estrada, Orlando Babilla and
two other farmers on dates between 21 and 26 April 2000 in the corregimiento of Cerro Azul in
San Pablo municipality. OEe Government said that, aifier the case brought to the attention of the
relevant authorities, the national police had stated that investigations had been launched by the
Magdalena Medio special team had established that there was no knowledge of any incursions
by armed groups into the corregimiento of Cerro Azul in April 2000 and that Mr. Estrada,
Mr. Fl6rez and Mr. Badilla were unknown to the inhabitants of Cerro Azul.
141. On 14 November, the Colombian Government submitted additional information to the
Special Rapporteur concerning the alleged disappearance of Uberney Giraldo and Jos& Evelio
Gallo. The Government said that the investigation was at the preliminary inquiry and suspect
identiffication stage.
142. By its letter of 26 September 2000, the Colombian Government informed the Special
Rapporteur about the alleged threats and harassment to which Gerardo Gonz5iez and his family
had been subjected. OEe Government said that copies of the letter had been sent to the relevant
authorities. To date there has been no further information about any speciffic steps taken.
143. On 23 October 2000, the Colombian Government informed the Special Rapporteur about
incidents which had taken place in the neighbourhoods of El Pinal and La Gruz in the city of
Medellin, occupied by displaced persons, on 2 and 3 July 2000. According to the Government,
the Attorney-General had stated that no investigation had been launched into the said incidents.
As a result, an informal fact-ffinding investigation had been initiated under case No. 371516 of
the Prosecutor's Offce at the Criminal Court of the Medellin and Antioquia Special Circuit.
144. On 26 October 2000, the Colombian Government informed the Special Rapporteur about
alleged death threats received by Nelson Restrepo, Ignacio Arango, Juan Carlos Milffioz,
Fredy V&lez and Wilfer Bonilla, members of the Instituto Popular de Capacitaci6n de Colombia
(IPC). OEe Government said that a copy of the communication had been passed on to the
relevant authorities. OEere is no information of any speciffic measures taken thus far.
E/CN. 4/2001/9/Add. 1
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145. On 14 November, the Colombian Government informed the Special Rapporteur about the
alleged disappearance of Osvaldo and Rodrigo Buitrago Pradilla in the city of Barrancabermej a.
The Government said that the circumstances of the case had been communicated to the relevant
authorities.
146. On 14 November, the Government sent a communication to the Special Rapporteur
regarding the abduction of Robinson Taborda Tuberquia, William Garcia, Rodrigo
Antionio Echevarria and Gabriel Angel Muffioz on 5 September 2000 in the communities of
Caffi6n de Riosucio. OEe Government said that the Prosecutors' Offfice at the Special Court of
Medellin had launched an investigation into these cases and that it was expected that the Ituango
local prosecutor's offce would be entrusted with the task of questioning the families of the
victims.
147. On 15 November, the Colombian Government sent a communication to the Special
Rapporteur regarding the alleged disappearance of Edgar Antonio Durango, Luis Pineda,
Mois&s Quiroz and Rub&n Dario Sep lveda. OEe Government said that the task of examining the
bodies of Henra Rodriguez Rivera, Mois&s Quiroz and Miguel Guerra Yaffiez, members of the
group of six people forcibly abducted from the neighbourhood of El Pinal, had been concluded.
In addition, on 4 May 1998, the task of removing the bodies of Edgar Antonio Durango and
Luis Pineda had been concluded. In accordance with procedural records, the bodies of the
victims had been returned to their families. OEe Government stated further that the whereabouts
of Rub&n Dario Sep lveda remained unknown.
148. On 17 November 2000, the Government informed the Special Rapporteur that, in
connection with the abduction between 20 and 23 October 2000 of Ram6n Aguil Gait5n,
Nelson Aguil Gait5n, Pedro Pablo, Ram6n Encinosa Diaz, Yineth Alvardo and Ferney N. Rios,
a protest had been submitted to the Disciplinary Division for the Protection of Human Rights.
149. By its letter of 31 May 2000, the Government replied to the request from the Special
Rapporteur for additional information on various cases. It informed the Special Rapporteur that
it was closely monitoring the results of the investigations which the various Colombian
authorities had launched into these cases as well as the measures which had been adopted in each
instance, of which it would apprise the Special Rapporteur in due course.
Observations
150. The Special Rapporteur is grateful to the Government of Colombia for its numerous
prompt replies to her communications. However the Special Rapporteur is extremly concerned
by the little progress achieved to put an end to the prolonged conflict. In particular the Special
Rapporteur is concerned by reports which continue implicating the armed forces and
paramilitary groups in serious human rights violations.
E/CN. 4/2001/9/Add. 1
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Congo
Communications sent
151. The Special Rapporteur transmitted an allegation jointly with the Special Rapporteur on
torture to the Government of the Republic of Congo concerning 12 individuals who reportedly
died while in police custody in Pointe Noire.
C6te d'Ivoire
Urgent appeals
152. The Special Rapporteur transmitted on 1 November 2000 a joint urgent appeal with the
Special Rapporteur on torture concerning 28 soldiers who had reportedly been arrested following
an attack on the private residence of General Robert Guei. It was reported that some of the
detainees had suLered from torture and that one of them died as a result of several beatings while
in police custody.
Allegations
153. The Special Rapporteur transmitted three allegations to the Government of C6te d'Ivoire
during the period under review concerning the following cases:
(a) On behalf of Lago Z. Raymond, who was allegedly shot dead by soldiers in
Abidjan on 14 April 2000;
(b) On behalf of two unidentiffied individuals who had been beaten to death, allegedly
by soldiers, on 15 February 2000 at Selmer market in Abidjan.
154. The Special Rapporteur transmitted an allegation to the Government that 55 bodies had
been found in a mass grave in an industrial area near Abidjan on 27 October 2000. The Special
Rapporteur urged the Government to open an investigation and to provide her with the results.
Communications received
155. On 10 October 2000 and 7 November 2000 the Government of C6te d'Ivoire informed
the Special Rapporteur that the allegations had been transmitted to the authorities and that the
new Government was favourable to the establishment of a commission of inquiry concerning the
allegations received.
Observations
156. On 23 November 2000 the Special Rapporteur transmitted a letter to the Government of
C6te d'Ivoire requesting an invitation to visit the country.
E/CN. 4/2001/9/Add. 1
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Cuba
Urgent appeals
157. The Special Rapporteur transmitted an urgent appeal on 17 May 2000 concerning the
case of Jorge Luis Rodriguez Mir who was sentenced to death for the murder of a policeman
on 6 November 1999.
Communications sent
158. According to information received, on 22 December 1999 Jos& Antonio Villacencio
Milan&s died as a result of blows inflicted by a group of offcers in the police investigation unit
in the capital of Las Tunas. Mr. Villacencio Milan&s remained in intensive care in the hospital
until his death from fractures of the skull and concomitant haematomas.
159. According to information received, on 8 February Liv5n Gonz5iez Larrude died in the
intensive care unit of the Hermanos Almeijeiras Hospital as a result of blows inflicted, the source
reports, by a group of police oLicers on leaving the Barrio Sur discoth que in La Palma,
Arroyo Naranjo. It is reported that on 7 February Liv5n Gonz5iez Larrude was beaten by four
offcers in an alley by the discoth que and leifi unconscious on the ground. OEe source reports
that Mr. Gonz5iez Larrude was taken to the Julio Trigo Hospital, where the doctor who saw him
allegedly claimed that he was inebriated and refused to treat him. However, the source maintains
that the victim's injuries were diagnosed as serious at the Miguel Enriquez Hospital, where an
emergency operation was performed seven hours aifier the incident occurred. According to the
report, Liv5n Gonz5iez Larrude died on 8 February as a result of the blows he received.
160. The Special Rapporteur sent an allegation jointly with the Special Rapporteur on torture
regarding the case of Juan Carlos Carrillo Martinez, 24 years old, who is reported to have died
on 3 February 2000 while in police custody.
Communications received
161. The Government of Cuba transmitted a reply on 26 May 2000 to the Special Rapporteur
concerning the case of Juan Carlos Carrillo Martinez. OEe Government stated that the cause of
the latter's death was bronchial pneumonia, as the death certifficate, which the Government
claims is based on the results of the autopsy conducted on 4 February 2000, clearly stated. The
Government reports that the autopsy revealed no external signs of violence of a surgical or other
nature, and that an internal examination showed that both lungs were larger than normal and
ffilled with bloody, purulent fluid, which corroborates, according to the Government, the clinical
and radiological diagnosis of bronchial pneumonia of unspeciffied origin. The Government
reports that the military prosecutor's offce in Col6n, Matanzas Province, was aware of the
incident and conducted an appropriate investigation. According to the Government's
information, Juan Carlos Carrillo Martinez had reported to the prison clinic on 31 January 2000
with frequent diarrhoea, with mucus and blood, and a lack of appetite. During a physical
examination he experienced only slight pain when his epigastrium was palpated; no other
symptoms were present, and he was treated with oral rehydration salts and metronidazole. The
Government states that Juan Carlos Carrillo Martinez subsequently reported back to the clinic
E/CN. 4/2001/9/Add. 1
page 37
complaining of lethargy, muscular weakness and lack of appetite, whereupon it was decided to
admit him for observation and treatment. On 2 February he was transferred to Col6n Municipal
Hospital, where it was determined that he suffered from acute pneumonia, and he was given
appropriate medical treatment. OEe patient died at 11.30 p.m. on 3 February 2000. As a result of
the investigation, the military prosecutor's off cc in Col6n concluded that there had been no
criminal acts associated with the death of Juan Carlos Carrillo Martinez. According to the
Government, no complaints were ffiled in the matter. At the request of the Ministry of Foreign
Affairs, the Offce of the Attorney-General conducted an investigation of the incident which
confirmed the results of the investigation conducted by the military prosecutor's offce in Col6n.
The Government maintains that the investigation included interviews with the cell-mates of
Juan Carlos Carrillo Martinez. OEe Government further maintains that all those interviewed
agreed that neither the corrections offcers nor the other prisoners beat Juan Carlos Carrillo
Martinez at any time.
162. On 7 September 2000 the Cuban Government transmitted information regarding the case
of Liv5n Gonz5iez Larrude. In its reply, the Government states that Liv5n Gonz5iez Larrude was
arrested on 6 February 2000 for disturbing the peace while intoxicated. The Government reports
that Liv5n Gonz5iez Larrude had escaped from the police onto a roof from which he fell to the
ground without any intervention on the part of the police. OEe Government states that these
events were conffirmed by members of the provincial police and by the military prosecutor's
offce. According to the Government, some 14 witnesses corroborated these events, and the
experts who conducted the autopsy concluded that death was violent and its causes were
consistent with the information provided about the fall from the roof OEe Government states
that on 9 February 2000 a complaint was ffiled with police station No. 22 in Arrollo Naranjo, and
that Liv5n Gonz5iez Larrude was found in the street in a weakened state and subsequently taken
by the police to the Julhtn Grimau Clinic, where he was treated by the doctor on duty, who
personally took him in an ambulance to the emergency room of the Julio Trigo Hospital. Some
hours later, Mr. Gonz5iez Larrude was transferred to the Miguel Enriquez Hospital, when it was
determined that his head required surgical attention. Because the patient's post-operative
condition was diagnosed as serious, he was taken to the Hermanos Ameijeiras Hospital, which
the Government says is one of the country's best hospitals and has the most modern equipment.
It was in this hospital that Liv5n Gonz5iez Larrude died.
163. On 8 September 2000 the Cuban Government sent a reply to the Special Rapporteur
concerning the case of Jorge Luis Rodriguez Mir. According to this communication,
Mr. Rodriguez Mir was sentenced to death aifier enjoying all procedural guarantees and
safeguards deriving from the exceptional nature and seriousness of this penalty. OEe
Government maintains that the death penalty has never been imposed on a mentally retarded
person. OEe Government maintains that Jorge Luis Rodriguez Mir ffiled an appeal, which was
rejected, thereby upholding in its entirety the original court sentence which imposed the death
penalty.
E/CN. 4/2001/9/Add. 1
page 38
Democratic Republic of the Congo
Urgent appeals
164. On 11 February 2000 the Special Rapporteur sent an urgent appeal to the Government
of the Democratic Republic of the Congo expressing her deep concern over reports
that 20 members of the military had been executed in the country despite the announcement of a
moratorium on 27 January 2000 by the Government.
Communications sent
165. The Special Rapporteur transmitted three allegations of violations of the right to life
concerning the following cases.
166. According to the information received 12 women were reportedly buried alive in
October/November 1999 in Bulinzi, Nwenga, allegedly accused of witchcraifi and collaboration
with the Mai-Mai movement.
167. The Special Rapporteur transmitted an allegation concerning the case of Zakule Paeute, a
teacher at a primary school in Bondo who was shot dead, allegedly by members of the armed
forces.
168. The Special Rapporteur transmitted an allegation concerning 30 unidentiffied civilians
who reportedly died in Goma as a result of a bombing attack allegedly carried out by the armed
forces.
Communications received
169. The Special Rapporteur regrets that at the time of the ffinalization of this report the
Government had not transmitted any reply to her communications.
Dominican Republic
Communications sent
170. The Special Rapporteur sent an allegation to the Government of the Dominican Republic
aifier receiving information concerning the death of six Haitian citizens. According to this
information, on 17 August 2000, six Haitian citizens and one citizen of the Dominican Republic
lost their lives while trying to enter the Dominican Republic. According to the report, the six
Haitians were shot to death by members of the Department of Border Investigations of the
Dominican armed forces.
Communications received
171. The Special Rapporteur regrets that at the time of the ffinalization of this report the
Government had not transmitted any reply to her communications.
E/CN. 4/2001/9/Add. 1
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Ecuador
Urgent appeals
172. The Special Rapporteur transmitted an urgent appeal on 12 May 2000 jointly with the
Special Rapporteur on torture on behalf of Julio Edison Rom5n Milffioz, who had reportedly been
beaten by the police while being transferred to a prison. It was reported that he was asked to
give money to the police offcers in order to have the accusations against him withdrawn. It was
further reported that he was released and that since then he has received death threats, allegedly
from the above-mentioned members of the police.
Communications received
173. The Special Rapporteur regrets that at the time of the ffinalization of this report the
Government had not transmitted any reply to her communications.
Egypt
Urgent appeals
174. The Special Rapporteur transmitted an urgent appeal on 18 April 2000 on behalf of
Sha'ban Ali Abd al-Ghani who had been sentenced to death for his alleged participation in the
activities of an armed Islamist group. It was reported that Sha'ban Ali Abd al-Ghani had no
right of appeal against his sentence which was announced by the court on 13 April, and that his
execution could only be stopped by presidential pardon. According to the information received
by the Special Rapporteur, there is no right of appeal against Emergency Supreme State Security
Court sentences, in contradiction to the International Covenant on Civil and Political Rights, to
which Egypt is a party.
El Salvador
Urgent appeals
175. The Special Rapporteur transmitted an urgent appeal to the Government of El Salvador
on 3 December 2000 expressing her outrage at continued reports of killings of gay men and
transvestites in El Salvador. OEe Special Rapporteur was informed that a transvestite known as
Walter/Walquiria” was shot and killed in the early hours of 19 November 2000 in San Salvador.
A young man who was with him, Orlando S5nchez, was wounded in the incident and is currently
recovering in hospital.
Communications received
176. The Special Rapporteur regrets that at the time of the ffinalization of this report the
Government had not transmitted any reply to her communications.
E/CN. 4/2001/9/Add. 1
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Equatorial Guinea
Urgent appeals
177. The Special Rapporteurjointly with the Special Rapporteur on torture sent an urgent
appeal on behalf of 50 prisoners from the Bubi ethnic group who had been transferred
on 3 March from the prison in Malabo to the Evinayong prison, situated in the continental part of
the country. OEe transfer made it very diffcult for families to bring the food and medicines
prisoners have to provide for themselves in this particular country.
Ethiopia
Communications sent
178. The Special Rapporteur transmitted an allegation to the Government of Ethiopia
concerning the case of Mohamed Abmed Aw Ismail who, according to the information received,
was shot dead in the presence of his family in Ogaden on 25 March 2000, allegedly by members
of the Ethiopian Government Forces.
Communications received
179. The Special Rapporteur regrets that at the time of the ffinalization of this report the
Government had not transmitted any reply to her communications.
Gambia
Urgent appeals
180. The Special Rapporteur transmitted an urgent appeal on 14 April 2000 on behalf
of 14 people who were killed and at least 28 injured, allegedly by security forces, while
participating in student-organized protest demonstrations in Banjul on 10 and 11 April 2000. It
is reported that the demonstrations were organized by the Gambian Students Union (GAMSU) in
Banjul, Brikama and other towns to protest the death of Ebrima Barry, a 19-year-old student, and
the rape of a 13-year-old schoolgirl allegedly by a police offcer. According to the source, the
demonstration in Banjul on 10 April turned violent when the security forces tried to disperse
crowds using tear gas and rubber bullets. The security forces apparently ffired indiscriminately
into the crowd when demonstrators began throwing stones at them, burning tyres and setting ffire
to buildings, including ffire stations and police stations. As a result 14 people lost their lives
and 28 were injured.
Communications received
181. The Special Rapporteur regrets that at the time of the ffinalization of this report the
Government had not transmitted any reply to her communications.
E/CN. 4/2001/9/Add. 1
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Guatemala
Urgent appeals
182. On 24 November 2000 the Special Rapporteur transmitted an urgent appeal jointly with
the Special Representative of the Secretary-General on human rights defenders aifier receiving
information about the presumed death threats against the staL of the OLice of the Deputy
Counsel for Human Rights in Sololit. OEe source reported that staL of the Deputy Counsel's
OLice had been harassed and intimidated by members of the police force aifier the Counsel for
Human Rights made public a conclusion regarding the death of Teodoro Saloj in Quich&
department. According to the source, the Counsel for Human Rights had concluded
on 6 November 2000 that nine offcers of the National Civil Police (PNC) had ffired the shots that
killed Teodoro Saloj on 10 October 2000. According to the information received by the
Special Rapporteur, staL of the Deputy Counsel's Offce had been harassed and intimidated by
police offcers. OEe Deputy Counsel in Sololit had expressed concern that staL of his Off cc
might be attacked by members of the police force aifier the report of the Counsel for Human
Rights was issued and in the light of the alleged harassment and intimidation of some staff
183. On 7 July 2000 the Special Rapporteur sent an urgent appeal to the Government of
Guatemala concerning the death threats received by Mario Domingo and Rodrigo Salvado,
members of the team investigating the death of Bishop Juan Jos& Gerardi, auxiliary to the Bishop
of Guatemala and Coordinator of the Archdiocesan Human Rights Offce, who had been found
dead in April 1998 aifier issuing a report on the activities of the security forces during the years
of civil conflict in Guatemala. According to the information received, Mario Domingo and
Rodrigo Salvado had begun receiving death threats when the judge in the case found three
high-ranking military oLicers and two civilians guilty of the crime.
184. On 28 July 2000 the Special Rapporteur sent an urgent appeal to the Government of
Guatemala concerning the case of Alfredo Quino and Man Elena Mej ia, director and secretary,
respectively, of the non-governmental organization known as Coordinaci6n Regional de
Cooperativas Integradas (CORCI), which is involved in protecting the human rights of
indigenous peoples in Guatemala. According to the information received, both individuals died
as a result of the attack on the CORCI offces in Sololit on 21 July 2000. It was reported that the
attack might have been provoked by the work the two individuals were doing to defend the rights
indigenous peoples were claiming in respect of land in the Sololit region. In her urgent appeal,
the Special Rapporteur requested the Government of Guatemala to take the necessary security
measures to cope with the death threats allegedly received by various members of the
Foundation for Education and Community Development (FUNDACEDO), an organization
headed by Jos& Alfredo Quino which was active in defending indigenous communities in Sololit.
185. On 17 July 2000 the Special Rapporteur sent an urgent appeal jointly with the
Special Rapporteur on freedom of expression and opinion aifier learning that the Director of the
CERIGUA (Centro de Reportes Informativos de Guatemala) information agency, Illeana
Alamilla, and other journalists from that agency feared for their safety. According to
information received on 23 June and 10 July 2000, various threatening calls had been received at
CERIGUA headquarters.
E/CN. 4/2001/9/Add. 1
page 42
Communications sent
186. The Special Rapporteur sent three allegations to the Government of Guatemala
concerning the cases of the following persons who had lost their lives during the period under
review.
187. Erwin Haroldo Ochoa and Julio Armando Vasquez, members of the National Council of
Protected Areas (CONAP), were allegedly killed on 29 February 2000 aifier having been
repeatedly threatened. The source informed the Special Rapporteur that the reason for the
murder was linked to the eLorts of the two individuals to protect the ecosystem and the
environment at Izabal and to defend the human rights of the inhabitants of that area.
188. Roberto Martinez, a photographer for the newspaper Prensa Libre died, according to the
source, from gunshots ffired by the Guardia Civil. According to the information received, the
victim was shot several times on 27 April 2000 while covering protests against public transport
price increases in Guatemala City. It was reported that the photographer found himself in a
shopping centre in the southern part of the city where groups of young people were looting
stores. OEe source reported that members of the Guardia Civil at the shopping centre had ffired
on the young people, killing Roberto Martinez and wounding two other journalists.
189. Jos& Alfredo Quino and Maria Elena Quino were killed in an attack perpetrated
by 10 men on 21 July 2000. The source told the Special Rapporteur that the two were the
director and secretary, respectively, of CORCI, an indigenous organization working for the
peaceful settlement of land disputes that had erupted following the return of indigenous refugees.
Communications received
190. On 15 August 2000 the Government of Guatemala transmitted to the Special Rapporteur
information relating to the urgent appeal sent in connection with the death threats received by
Illeana Alamilla, the director of CERIGUA. OEe Government stated that on 18 July 2000, staL
of the Presidential Human Rights Commission had come to CERIGUA headquarters to
question the director about the threats she had allegedly received. Ms. Alamilla stated
that on 11 July 2000 the events in question had been brought to the attention of the
Attorney-General's Offce, and were being investigated by bureau No. 30, police station No. 1
and National Civil Police commissary No. 11, as well as the Offfice of the Counsel for Human
Rights. OEe Government states that several investigations are under way and that all relevant
steps are being taken by the security authorities with a view to guaranteeing the life and physical
safety of Illeana Alamilla and the otherjournalists threatened.
191. On 14 August and 8 December 2000 the Government of Guatemala transmitted to the
Special Rapporteur information regarding the case of Jos& Alfredo Quino Matzar and
Maria Elena Mejia. According to the information provided by the Government, Jos& Alfredo
Quino Matzar was the Executive Director of CORCI; according to his father, Domingo Quino
Solis, Mr. Quino Matzar had never received any death threats. OEe National Civil Police have
reported that a list of suspects in the case has been drawn up and that all the suspects are from
San Antonio de Palop6 in Sololit Department. OEe Government of Guatemala has oLered to
make the list of suspects available to the Special Rapporteur, but for reasons of security and
E/CN. 4/2001/9/Add. 1
page 43
independence of the investigation, this information is not contained in the present report. OEe
Government reports that the case is under investigation and that the results will be transmitted to
the Special Rapporteur once the investigation is completed.
192. On 21 July 2000 the Government of Guatemala transmitted to the Special Rapporteur
information concerning the death of the journalist Roberto Martinez in connection with an
allegation sent by the Special Rapporteur to the Government of Bolivia. In its reply, the
Government states that the shots that had killed Roberto Martinez had been ffired by two private
security guards and not by members of the Guardia Civil, as the source maintained. OEe
Government reported that the private security guards had not acted in concert with government
authorities. OEe Government reports that in the wake of the investigations conducted by the
National Civil Police and the Attorney-General's Off cc, it was determined that two security
agents (who are identiffied in the Government's reply) had ffired their weapons from the roof
where they were posted, causing the death of three persons, including Roberto Martinez. OEe
Government states that a complaint was ffiled in respect of this incident by the victim's mother
and that the entity that dealt with it was the First Court of First Instance for Criminal Activity,
Drug TraLicking and Environmental Crime. The Attorney-General's Off cc considered that the
investigation that took place provided grounds for a public trial of the defendant and called on
the judge to begin the trial. The Government states that the two alleged perpetrators are being
held in the men's detention facility in zone 18, Guatemala City. To date, no verdict has been
reached, nor has any economic compensation been made to the victim's family, since it is
Guatemala's domestic criminal legislation that determines what civil liability is attributable to an
oLence. Reparation or compensation must be made by the person or persons found guilty of the
oLence, and in the present case this has not yet been determined by the courts.
193. On 21 July 2000 the Government of Guatemala transmitted to the Special Rapporteur
information concerning the deaths of Erwin Haroldo Ochoa and Julio Armando Vasquez,
members of the National Council for Protected Areas (CONAP). OEe Government states that,
contrary to reports in the press, neither of the victims had complained of receiving threats. As to
the cause of death, the Government told the Special Rapporteur that both victims displayed
gunshot wounds. It is reported that no formal complaint was made to the National Civil Police
or to the Attorney-General's Offce. The Government reports that the District Prosecutor in the
Public Prosecutor's Off cc in Izabal Department has responsibility for the investigation. To date
the alleged perpetrator of the crime has not been identiffied, and thus no criminal sentence has
been imposed. The Government informed the Special Rapporteur that the results of the
investigation will be made available to her as soon as they are obtained.
Honduras
194. The Special Rapporteur has transmitted three urgent appeals and one allegation to the
Government of Honduras during the period under review. OEe Special Rapporteur would like to
express her appreciation to the Government of Honduras for the rapid response to her urgent
appeals and allegations and its invitation to visit the country. OEe Special Rapporteur would also
like to express her deep concern over reports of violations of the right to life of a large number of
minors.
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page 44
Urgent appeals
195. The Special Rapporteur sent an urgent appeal on 23 May 2000 on behalf of
Coronado Avila, Lombardo Lacayo and Horacio Martinez, leaders of the Coordinadora de
Organizaciones Populares de Ag5n (COPA), who had received death threats from a group known
as the Death Squadrons ( Escuadrones de la Muerte) . Lombardo Lacayo was the victim of an
assassination attempt in September 1999. OEe Special Rapporteur mentioned in her urgent
appeal the murders of ffive members of the same organization who were killed aifier having
received such death threats.
196. The Special Rapporteur, jointly with the Special Rapporteur on freedom of opinion and
expression, sent an urgent appeal on behalf Julio C&sar Pineda, ajournalist with El Progreso
Radio Station and human rights defender. According to the information received Julio C&sar
Pineda was the victim of an assassination attempt which took place while he was with his family.
It was reported that since then he has received several death threats, reportedly because of his
claims that the police had committed human rights violations.
197. The Special Rapporteur sent an urgent appeal on 6 September 2000 on behalf of
Jos& Luis Amador, 12 years of age, who was shot in the feet on 1 September 2000 in
Tegucigalpa, allegedly by a member of the police who had found him, together with four other
juveniles, sleeping under a bridge. OEe boys were also allegedly beaten.
Communications sent
198. The Special Rapporteur transmitted an allegation to the Government of Honduras
concerning 47 individuals, among them 29 minors, who were reportedly shot dead, allegedly by
members of the police, during the period 1 January to 29 May 2000. OEe Special Rapporteur
urged the Government to provide her with information concerning the cases of the following
identiffied individuals: Mario Alberto Garcia Claros (16), H&ctor Daniel Hern tndez (10),
Jos& Antonio L6pez (17), Jos& Lucio Triminio (14), Carmenza del Socorro Gonz5iez (16),
Sandy Jackeline Argueta (9), Frelin Orlando Cardona (15), Jos& Arnulfo Mendoza (14),
Edy Nahum Donaire Ortega (17), Francisco Javier Espinoza (17), Javier Enemecio Erazo
Zelaya (16), Denis Josu& Aguilar Aparicio (7), Franklin Fernando Ramos (16), Luis Alberto
Turcios (15), Luis V5squez Tercero (17), Edwin Omar Fern tndez (17), Javier Antonio
Hern tndez (17), Melvin Fern tndez Suazo (15), Armando Moncada (18), Asael P&rez (15-17),
Fernando Adonaz Escobar (19), Juan Carlos Hern tndez (16), Walter Rolando Ticono (21),
Juan Carlos USpez (22), Donaldo Alemis Hern5ndez (19), Mario E. Silva Mejia (17),
Walter Felim Centeno (17), Carlos M. Ramos G. (17), Fernando A. Guevara (16),
Gerlin Geovanny Oseguera (22), Marlon Aquiles (7), Mario Rafael Cordova (16),
Nolan Alvarez (22), David Ernesto Alvarado Z. (19), Jesiis Alberto Cord6n E. (20), Elver Twin
Romero Elias (20), Jorge Geovanny Amaya (22), Alfredo Gallardo Guevara (15), Eduar Lenin
Martinez (16), Celso Castej6n Reyes (18), Elmer Portillo (22), Jaime Enrique Sevilla T. (14),
Raul Reyes Rapalo (18), Jorge Alberto Alvarado (19), Jos& Argeta S tnchez (22),
Manuel Abraham Castillo L6pez (19) and Juan Antonio Barela (19).
E/CN. 4/2001/9/Add. 1
page 45
Communications received
199. By letter dated 25 July 2000 the Government of Honduras transmitted to the
Special Rapporteur information concerning previous communications.
200. Concerning the case of Obando Reyes, the Government of Honduras informed the
Special Rapporteur that no complaint had been lodged and that investigations had been opened
of the court's own motion. According to the Government, the autopsy revealed the existence of
a bullet wound (caused by a ffirearm). OEe Criminal Investigation Directorate attached to the
Minister of State in the Department of Security is in charge of the investigations. Two members
of the police department have been identiffied as the alleged perpetrators of this killing. The
Government stated that no criminal or disciplinary penalties had been ordered given that the
accused had fled.
201. Concerning the case of Marco Antonio Servell6n, Rony A. Betancourt, Di6medes Obed
Garcia and Orlando Alvarez Rios, who allegedly died on 15 September 1995, the Government of
Honduras stated that the investigation was at the pre-trial stage and that the authenticity of the
facts would be stated in the ffinal judgement. The Government stated that an autopsy had been
performed on all four victims and that complaints had been lodged only in the cases of
Marco Antonio Servell6n and Rony A. Betancourt. According to the Government,
on 6 May 1995 the Special Human Rights Prosecutor brought charges before the First Civil
Court against four individuals assigned to the Public Security Force Seventh Regional
Command, now known as Metropolitan Headquarters No. 1, and against the Police Court Judge
of the Public Security Force Seventh Regional Command, for the killing of the above-mentioned
victims. The Government stated that, as proceedings were at the pre-trial stage, no criminal or
disciplinary sanctions have yet been ordered. OEe Government stated that no arrest warrant has
been issued because, in the courts' opinion, further evidence linking the accused to the
commission of the oLences had to be produced.
202. Concerning the case of Noe Alejandro Alvarez, the Government states that proceedings
are at the pre-trial stage and that the cause of death has not been divulged. It states that
proceedings were opened of the court's own motion, as no complaint was lodged. OEe Criminal
Investigation Directorate attached to the Minister of State in the Department of Security is the
body in charge of investigating the oLences. On the basis of its investigations, which the Special
Human Rights Prosecutor transmitted to the Second Magistrates' Criminal Court in Francisco
Morazan, an investigation was opened into the death of Noe Alejandro Alvarez. The
Government states that a member of the Preventive Police attached to the Minister of State in the
Department of Security (the police off cer was identiffied in the Government's reply) was
identiffied as the alleged perpetrator of the oLence. OEe Government states that the alleged
perpetrator is currently incarcerated in the Marco Aurelio Solo National Prison pending ffinal
judgement.
203. In the case of Gerson Eduardo Calix, Esteban Varela and Angel Gabriel Bonilla, the
Government states that proceedings are at the preliminary stage. It states that autopsies
conducted on the three bodies indicate that the deaths were homicides according to forensic
criteria. OEe Government states that no complaint was lodged and that the events were
investigated of the court's own motion. The body in charge of the investigation is the Criminal
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page 46
Investigation Directorate attached to the Minister of State in the Department of Security.
According to the Government, in November 1999 the Human Rights Prosecutor brought criminal
charges against the alleged perpetrator, who, is in prison pending the judgement of the Court of
Appeals in San Pedro de Sula, Department of Cort&s.
204. By letter dated 31 July 2000 the Government of Honduras transmitted to the
Special Rapporteur information concerning the case of Julio C&sar Pineda. The Government
reported that the information had been transmitted to the Criminal Investigation Directorate
(DGIC) and that an investigation had been opened.
Observations
205. By letter dated 11 September 2000 the Special Rapporteur requested the Government of
Honduras to invite her to visit the country so that she would be able to investigate reports
brought to her attention. By letter dated 13 November 2000 the Government extended an
invitation to the Special Rapporteur to visit Honduras. OEe Special Rapporteur looks forward to
visiting Honduras in 2001.
India
206. The Special Rapporteur, jointly with the Special Rapporteur on the independence of
judges and lawyers and the Special Rapporteur on the right to freedom of opinion and
expression, expressed by letters addressed to the Governments of India and Pakistan
on 6 October 2000 their concerns over an increasing number of reports regarding human rights
violations relevant to their respective mandates in certain parts of those countries. These reports
led the Special Rapporteurs to request country visits which would enable them to evaluate the
situation and reach an independent assessment of the reports and allegations received, and to
formulate pertinent recommendations to be placed before the Governments of both countries.
Urgent appeals
207. The Special Rapporteur sent an urgent appeal, jointly with the Special Rapporteur on the
question of torture, on behalf of Mihamad Salim Bhat and Shabir Abmed Khan.
Mohammad Salim Bhat was reportedly arrested by Special Operations Group (SOG) police
on 23 May 2000 in his shop in Batmaloo and taken to the SOG post at the Cargo Complex,
Srinagar, Kashmir. According to the information received, his family has not been allowed to see
him, and when they attempted to ffile a ffirst information report questioning the legality of his
arrest, the police at Batmaloo substation reportedly refused to accept it. Shabir Ahmed Khan
was reportedly arrested on 30 May 2000 by soldiers and possibly SOG offficers at his residence
at Shaheed Gunj, Srinagar and taken to Badami Bagh cantonment in Srinagar. According to the
information received, former members of armed groups supporting the Government (so-called
renegades) have threatened to kill him unless the family pays them a large sum of money. It is
not known whether he has been charged with any offence. In view of the fact that Mohammad
Salim Bhat's younger brother Irshad Abmad reportedly died in SOG custody on S May 2000,
and in view of the incommunicado nature of their detention, fears were expressed that
Mohammad Salim Bhat and Shabir Ahmed Khan may be at risk of torture or other forms of
ill-treatment, summary, arbitrary or extrajudicial execution.
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page 47
208. The Special Rapporteur sent an urgent appeal on 14 August 2000 concerning more
than 20 people, mainly Hindu pilgrims, who were reportedly killed on 1 August 2000 in
Pahalgam, south of Srinagar. OEe police reported that the pilgrims were on their way to a Hindu
religious shrine when they were attacked by members of Islamic guerrillas ffighting for
Kashmir's independence. It is reported that more that 13 people were injured and transferred to
hospital in Srinagar.
Communications sent
209. According to the information received, on 14 January 2000, the SOG arrested
Tariq Ahmed Gujri at his house and took him to Humahama SOG Camp where he was
interrogated and reportedly tortured.
210. According to the information received, on 13 September 2000, Ohulam Nabi Lone was
apprehended by personnel of the 34 Rashtriya Rifles who reportedly threw him into the river. It
is reported that Ohulam Nabi Lone received multiple injuries and was transported to Soura
medical institute for treatment, where he died.
211. According to the information received, on 14 August 2000, Ohulam Nabi Ganai was
apprehended by personnel of the 34 Rashtriya Rifles. It is reported that on 15 August 2000, his
dead body was recovered from a forest bearing multiple bullet wounds.
212. According to the information received, on 25 March 2000, ffive men were killed in
Panchalthan, allegedly by members of the army and the police.
213. According to reports, on 3 April 2000, seven people were shot dead while participating in
a demonstration in Brakpora. It is reported that the seven unidentiffied people died as a result of
the force allegedly used by the police to disperse the demonstration.
214. According to reports, on 30 March 2000, 35 men were killed in Chithisinghpora,
allegedly by a group of gunmen wearing army uniforms.
215. According to reports, on 22 February 2000, Ohulam Mohi-ud-din Najjar was reportedly
shot dead while in the custody of the SOG outside the chiefjudicial magistrate's court in
Srinagar. It is reported that he had received death threats the week before he was killed.
216. According to reports, on 5 June 2000, Mushtaq Abmed was arrested while he was in his
residence in Chandpora, Harwan, Srinagar, allegedly by members of the army. It is reported that
on 8 June 2000, his dead body was found near Nundreshi colony, Bemina, Srinagar. It is alleged
that his body bore bullet wounds and marks of torture.
217. It is alleged that on 20 April, Colonel Save, an activist with the Kinara Bacaho Samiti
(Save the Coast Committee), died while in police custody in Mumbai. The Committee had
reportedly protested against the construction of a port in the coastal zone of Gujarat. It is
reported that Colonel Save was arrested at his home and taken to the local police station. He was
E/CN. 4/2001/9/Add. 1
page 48
allegedly beaten repeatedly by the police before being put in a crowded cell, despite pleading
that he had a heart condition. Colonel Save subsequently suffered a brain haemorrhage and died
in hospital in Mumbai.
Communications received
218. On 3 March 2000 the Government of India transmitted information to the Special
Rapporteur concerning the case of Wahengbam Joykumar Singh, a human rights activist who
had allegedly received several death threats. OEe Government reported that Wahengbam
Joykumar Singh was stopped on 27 June 1999 by personnel of the Assam Rifles for a routine
check. Mr. Singh introduced himself as a human rights worker and volunteered to visit the camp
of the Assam Rifles for further discussions. According to the Government, Mr. Singh visited the
camp on 28 June 1999 and had discussions with the post commander on a wide range of issues,
including human rights and the role of the armed forces. The Government reported that while he
was at the camp, Wahengbam Joykumar Singh was neither threatened nor intimidated.
219. On 3 March 2000 the Government of India transmitted a reply to the Special Rapporteur
on the case of Amrendra Choudghary and Susendra Bhuyan, reported in previous reports.
According to the Government the above-mentioned persons were killed in an encounter between
militants and army personnel. The inquiry into the incident remained inconclusive as the
surviving militants involved in the incident had evaded arrest since the date of the encounter. No
compensation had been paid to the family members of the deceased as they were members of a
banned organization waging war against a constitutionally established Government.
220. On 7 April and 21 July 2000 the Government of India transmitted information to the
Special Rapporteur concerning the death sentences of four persons accused of murdering
Rajiv Gandhi, former Prime Minister of India. According to the information transmitted by the
Government the trial of the accused was conducted by a special court as the accused were
charged under the Terrorist and Disruptive Activities Act 1987 (TADA). The court
convicted 26 accused and sentenced them to death. OEe case was referred to the Supreme Court,
which is the court of appeal in cases of oLences under TADA. OEe Supreme Court confirmed
the conviction against seven of the accused and set aside the convictions and the sentences
against the remaining ones. Three of the accused, namely Robert Payas, Jaya Kumar and Ravi
Chandran, had been given life imprisonment and the other four, namely Nalini, Santhan,
Murugan and Perarivalan, had their death sentences conffirmed. The prisoners have since
submitted a petition for mercy to the Governor of Tamil Nadu. OEe Governor has postponed the
execution of the sentence. The prisoners have also submitted petitions to the President of India
which, according to the Government, are still under consideration. OEe Government reported
that the prisoners had been given adequate opportunities to present their cases before the court
and that they had not been treated inhumanely.
221. On 7 November 2000 the Government of India transmitted information concerning the
case of Gulzar Ahmed Ganai. According to the Government, Gulzar Ahmed Ganai was
kidnapped by unknown gunmen on 29 May 1998. His dead body was recovered by the police
near Harilam Takibal on 5 June 1998. Investigations by the police revealed that there was no
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page 49
involvement of the army in the kidnapping or killing of Gulzar Ahmed Ganai. According to the
Government, the Rashtriya Rifles did not undertake any operation in the Waghama area on the
dates mentioned by the source to the Special Rapporteur.
222. On 9 November the Government of India transmitted information concerning the case of
Colonel Save. OEe Government reported that in pursuance of a decision of the Government to
examine the possibility of establishing a port at Umberagon Taluka Bulsar district, a survey team
was to visit the area. OEere were reports that some sections of the local population were opposed
to the proposed construction. In anticipation of a major confrontation, police reinforcements
were mobilized. According to the Government, the crowd turned violent, and as a result some of
the police personnel were injured. Following this incident some individuals were detained,
among them Pratap Save. As he reportedly complained that he was not well, the offficer in
charge of the police station immediately took him to the hospital for medical attention. The
doctors at Umberagon provided ffirst aid and advised moving him to Vapi for further attention.
According to the Government the offcer in charge informed the family of Pratap Save's medical
condition. As the doctors at Vapi Hospital felt that the patient required immediate further
medical attention, the executive magistrate released him from custody. Pratap Save was then
moved to Mumbai hospital where he died on 20 April 2000.
223. On 10 November 2000, the Government of India informed the Special Rapporteur about
the case of Shabir Abmed Khan, stating that the case was under investigation at the Srinagar
court.
224. On 10 November, the Government of India transmitted to the Special Rapporteur
information concerning the cases of Ghulam Mohammad Paul, Haffiz Bakhtiar War,
Mohammed Sharief War, Mohammad Ayub, Mohammad Shafat, Mohammad Abdullah Sheikh,
Abdullah Samad Dar and Ghulam Mohi-ud-Din Dar.
225. Concerning the case of Ghulam Mohammad Paul, the Government reported that inquiries
were being made, and that the investigations had revealed that on 6 February 1999 an operation
was undertaken jointly by the Border Security Forces and SOG Avantipora to flush out
militants who had entered the village of Buchoo. According to the Government, the militants
opened ffire on the security forces, who returned ffire in self-defence. Later, the area was
searched and one dead body was recovered from the scene. OEe deceased was identiffied as
Ghulam Mohammad Paul. Further investigation revealed that he was a member of the
Izb-ul-Mujahideen group and Operational Commander of Pulwama district.
226. Concerning the cases of Haffiz Bakhtiar War and Mohammed Sharief War, the
Government reported that on 10 December 98 personnel of the 129 Battalion of the Border
Security Force and SOG Kupwara were ffired upon by militants during an operation at Gulgam
forest and that the security forces had returned ffire. During the encounter Haffiz Bakhtiar War
and Mohammed Sharief War were killed.
227. The Government informed the Special Rapporteur concerning the case of
Mohammad Ayub Bhat that the inquiries had revealed that he had been in custody at Anantnag
police station from 3 to 14 December 1998, when he was released on bail at the order of the
Anantnag Chief Judicial Magistrate. Mohammad Ayub Bhat's father complained verbally at the
E/CN. 4/2001/9/Add. 1
page 50
Anantnag police station that while he was going home with his son, they were stopped by
unknown persons. According to the Government, Mohammad Ayub Bhat was kidnapped by
those persons. His body was found at Anzwolla village.
228. Concerning the case of Mohammad Shafat, the Government informed the Special
Rapporteur that he had been kidnapped by a group of unknown men on 11 December 1998.
According to the Government, Mohammad Shafat was severely tortured by the men and thrown
on the Vicharnag road on 12 December. Mohammad Shafat was taken by his parents to hospital,
where he died.
229. Concerning the cases of Mohammad Abdullah Sheikh and Abdul Samad Dar, the
Government informed the Special Rapporteur that during the course of the investigations it had
not been possible to identify the persons responsible for their deaths.
230. The Government reported that a complaint concerning the case of Ghulam
Mohi-ud-Din Dar had been filed at Hajin police station on 12 September 1998. The case was
still under investigation.
231. On 14 November 2000, the Government of India transmitted to the Special Rapporteur
information concerning the killing of 35 individuals in Chitthisinghpora. According to the
Government, a group of approximately 20 armed individuals carried out the massacre
of 36 Sikhs in Chitthisinghpora, Anantnag district, Jammu and Kashmir, on 20 March 2000. OEe
group belonged to the Lashkar-e-toiba and the Hizb-ul-Mujahideen. The Indian investigating
agencies arrested a member of the Hizb-ul-Mujahideen in Chitthisinghpora who confirmed that
the armed group called all male Sikhs from their houses and divided them into two groups and
then killed them. OEe massacre was still under investigation by the Government.
Observations
232. The Special Rapporteur issued a press release on 17 August 2000 urging the
Governments of Pakistan and India to investigate the outbreak of violence in Kashmir which left
over 100 persons dead. OEe Special Rapporteur also called on the Government of India to
conduct a high-level independent inquiry into the 1 August killing of over 85 people in the
Kashmiri villages of Pahalgam, Anantnag and Pogal. Reports following the attack have linked
the Hizb-ul-Mujahideen and Indian security forces to the deaths. In appealing to the two
Governments, the Special Rapporteur said that the recent violence imperils the nascent peace
process in Kashmir and delays one key dividend of such a process: an end to arbitrary and
summary killings in that tortured land”.
Indonesia
Urgent appeals
233. On 29 June 2000 the Special Rapporteur transmitted an urgent appeal to the Government
of Indonesia concerning the situation in the Maluku islands. OEe Special Rapporteur had
received reports describing numerous incidents of violence, looting, destruction of property and
grave human rights violations, including extrajudicial killings, attributed mainly to Muslim
E/CN. 4/2001/9/Add. 1
page 51
militants in that region. It was reported that on 19 June 2000, a group of some 500 Muslim
militants attacked the church in the predominantly Christian village of Duma where hundreds of
villagers, including many women and children, had sought shelter. It was also reported that
more than 100 people were taken away from Duma to the village of Soa-Sio by the militants.
Their fate and current whereabouts are unknown. It was alleged that the militants then set ffire to
the church, and that more than 120 people died in the flames. Reports further indicate that
soldiers of the Indonesian army were present at the scene but allegedly did not intervene to stop
the violence. In this connection, the Special Rapporteur noted the Government's decision
of 26 June 2000 to declare a state of emergency in the Maluku region. In view of these
developments, the Special Rapporteur reminded the Government of its obligation to ensure the
safety and physical integrity of all persons and to guarantee that security forces carry out their
tasks in strict compliance with international human rights standards.
234. On 10 October 2000, the Special Rapporteur transmitted an urgent appeal jointly with the
Special Rapporteur on the right to freedom of opinion and expression and the Special Rapporteur
on torture concerning 15 people who were detained in connection with violence which broke out
in Trian Jaya on 6 October 2000. On that day, security forces are said to have opened ffire during
attempts to remove forcibly Irian Jaya flags flying in several locations in Wamena town,
Jayawijaya district. Two people were reportedly shot dead and around 28 injured, including
members of the security forces. Local people are said to have launched a demonstration against
the killings. During the ensuing violence, around 30 persons were reportedly killed. According
to the information received, around 200 persons, including 25 children, were originally arrested
during ajoint operation by members of the Police Mobile Brigade (Brimob), the police and the
military, but most were said to have been released shortly aifierwards. Those released allegedly
reported that they had witnessed other detainees, apparently those refusing to renounce support
for the independence of Irian Jaya, being beaten, kicked and cut with razors by the police.
Fiifieen persons were said to be held incommunicado in Jayawijaya police post and fears were
expressed that they may be at risk of torture and other forms of ill-treatment.
235. In the same urgent appeal the Special Rapporteur drew the attention of the Government
to the information received concerning Yorenius Wenda and Alex Meage, who are said to be
members of a pro-independence militia group, the Papua Taskforce (Satgas Papua). OEey were
reportedly taken from their homes by members of the Indonesian National Army over the
weekend. Local human rights monitors reportedly checked with Jayawijaya district military
command which denied knowledge of their whereabouts. The Special Rapporteur expressed
fears that they may be at risk of torture or summary, arbitrary or extrajudicial execution.
236. On 13 November 2000 the Special Rapporteur transmitted an urgent appeal jointly with
the Special Representative of the Secretary-General on human rights defenders to the
Government of Indonesia concerning Mr. Aguswandi, an Acehnese human rights defender
working for the Congress of Victims of Human Rights in Aceh, who had allegedly been
subjected to several death threats. It was reported that, on 3 November 2000, Police
Captain Sutriandani called the legal aid group LBH inquiring about Mr. Aguswandi's
whereabouts and OEerating” him for his criticisms in the media of the police assault on the
offces of the Aceh Referendum Information Centre the day before. According to the
information received, on 4 November 2000, Mr. Aguswandi was warned that armed individuals
in civilian clothes were looking for him at LBH headquarters and he reportedly managed to
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page 52
escape. In the light of the increase in the number of acts of violence against human rights
defenders in the province of Aceh, serious concerns were expressed for the safety of
Mr. Aguswandi.
237. On 22 November 2000, the Special Rapporteur transmitted an urgent appeal, jointly with
the Special Representative of the Secretary-General on human rights defenders, the Special
Rapporteur on torture, the Chairman-Rapporteur of the Working Group on Arbitrary Detention
and the Special Rapporteur on violence against women, to the Government of Indonesia
concerning the human rights situation in the province of Aceh. OEe Special Rapporteur had
received information concerning alleged extrajudicial executions of numerous civilians,
particularly human rights defenders and peaceful pro-independence activists as well as an
increasing number of death threats against human rights defenders.
238. On 12 December 2000 the Special Rapporteur transmitted an urgent appeal jointly with
the Special Representative of the Secretary-General on human rights defenders concerning the
murders on 6 December 2000 of Ms. Ernita (22), Mr. Idris (30) and Mr. Bakhtiar (24),
three humanitarian aid volunteers working with the organization Rehabilitation Action for
Torture Victims in Aceh (RATA). According to the information received, these
three humanitarian workers, together with a fourth RATA volunteer, were transporting a
torture victim from the vicinity of Cot Mat Tahe village, in North Aceh, to a hospital for medical
treatment, when they were stopped by plainclothes Indonesian security forces. The four RATA
workers, along with the torture victim, were allegedly taken to a military vehicle and tortured.
While one RATA worker reportedly managed to escape, the three others were allegedly lined up
on the road and shot in the head. It was reported that the torture victim accompanying the RATA
volunteers was also killed during the incident. It is believed that the Police Mobile Brigade and
the military were involved in the killing.
Communications sent
239. The Special Rapporteur transmitted an allegation on behalf of Jafar Siddiq Hamzah, a
human rights lawyer from the Indonesia Legal Aid and Chairman of the International Forum for
Aceh, a not-for-proffit corporation incorporated in New York State, who returned to Indonesia in
July 2000 to establish an offce of the Support Committee for Human Rights in Aceh and to
publish the second edition of the ffirst-ever Acehnese language newspaper, Su Atieh. It was
reported that Jafar Siddiq Hamzah was last seen on 5 August 2000 in Medan, Indonesia, where
he failed to keep an aifiernoon appointment. His mutilated body was found with four
others 80 kilometres outside Medan on 5 September 2000.
240. The Special Rapporteur transmitted to the Government of Indonesia an allegation
concerning the case of Samson Aregahegn, Carlos C ceres and Pero Simundza, staL members of
the OLice of the United Nations High Commissioner for Refugees (UNHCR), who were
reportedly killed on 6 September 2000 in Atambua, West Timor. It was reported that
on 6 September 2000, violence erupted shortly aifier a funeral procession for a militia leader
passed by the United Nations compound. As relief workers rushed to escape the mob over a
fence at the rear of the compound, the three above-mentioned UNHCR staL were reportedly
trapped in the Radio Room trying to contact colleagues in Dili. According to the information
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page 53
received, they were hacked to death with machetes by militiamen who then poured gasoline over
them and burned their bodies. It appears that Indonesian government forces present in the area
did not intervene to stop the violence.
Communications received
241. By letter dated 20 July 2000, the Government of Indonesia transmitted a reply concerning
the urgent appeal sent by the Special Rapporteur on the Maluku conflict. According to the
Government, the conflict in the Malukus cannot be considered a strictly religious conflict; it is
more an inter-community conflict driven by local economic disparities and instigated by certain
forces bent on destabilizing the country. OEe Indonesian Government informed the Special
Rapporteur that it is determined to address the problem and to continue to take the necessary
measures. In this connection, the Government pointed out that all military and police personnel
in the Malukus suspected of not being impartial have been replaced. In addition, the police are
confiscating weapons from individuals. On 26 June 2000 presidential decree N88/2000 was
adopted and a state of emergency imposed in Maluku and North Maluku. Under the state of
emergency, the Government may take ffirm and eLective measures to restore order and stability
in the two provinces. According to the Government, the Indonesian police and the security
forces are under strict orders to respect and protect human rights. They have been instructed to
avoid any excessive use of force. OEe Off cc of the State Minister for Human Rights Affairs is
preparing a simple manual which will be distributed to all members of the police and the security
forces inthe fleld.
242. The Government noted that as an additional measure, on Monday, 26 June 2000, the
Commander of the Pattimura Military Command, Brigadier-General Max Tamaela, was replaced
by Colonel I Made Yasa.
243. On 27 June 2000, the Governor of the Province of Maluku, as the authority in charge of
the state of emergency, declared that all conflicting parties should cease their hostilities.
244. The Government pointed out that it is strongly opposed to the deployment of Muslim
militants, who call themselves Laskar Juhad, from Java to the islands. It continues to apprehend
members of Laskar Jihad and to remove them from the islands owing to their involvement in the
new clashes there.
Iran (Islamic Republic of)
Urgent appeals
245. The Special Rapporteur, jointly with the Special Rapporteur on torture, sent an urgent
appeal on 23 February 2000 on behalf of Akbar Mohammadi, one of the three students sentenced
to death in September 1999 by the Tehran Revolutionary Court in connection with the student
demonstrations of last July. Reports indicated that he was at risk of imminent execution. His
sentence was reportedly upheld by the Supreme Court and can only be commuted by the Leader
of the Islamic Republic of Iran. It was reported that he had been beaten; he was allegedly
whipped on the soles of his feet with a cable. He was reportedly sentenced aifier a secret trial at a
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page 54
special court. OEe Special Rapporteur transmitted on 16 September 1999 an urgent appeal to the
Government concerning the case of the students arrested aifier the above-mentioned
demonstrations.
246. The Special Rapporteur transmitted an urgent appeal to the Government of Iran
on 13 April 2000 on behalf of Navid Balazadeh, age 16, who was arrested allegedly on charges
of spying for Israel and the United States. It is reported that Navid Balazadeh was transferred to
Shiraz where he was scheduled to be tried on 13 April 2000. It was also reported that he could
face the death penalty despite the fact that he is a minor.
247. The Special Rapporteur transmitted an urgent appeal, jointly with the Special Rapporteur
on torture, to the Government of Iran on 17 August 2000, concerning the cases of
Ali Hassanzadeh, Mostafa Nikbakht and Mirkhalil Seyyed Nazary who were reportedly arrested
on 5 July 2000, accused of writing slogans against political leaders and of murdering a
Revolutionary Guard member. It was alleged that they had been tortured while in police
custody. It was further reported that Mostafa Nikbakht was sentenced to death in a trial in which
the presiding judge reportedly also acted as the prosecutor and the jury. Fears had been
expressed that Mostafa Nikbakht could be at risk of imminent execution by public hanging.
248. On 16 November the Special Rapporteur transmitted an urgent appeal to the Government,
jointly with the Special Representative on the situation of human rights in the Islamic Republic
of han, regarding the conviction of Hasan Youseffi Eshkevari on charges of apostasy, niohareba
(waging war against God), spreading of lies to distort public opinion, insulting the late founder
of the Islamic Republic, the Ayatollah Ruhollah Khomeini, and defaming the clergy. A verdict
had reportedly been pronounced but it had not been made public. It was alleged that Mr.
Eskevari could be facing the death penalty. According to the sources, Mr. Eshkevari was
arrested on 5 August 2000 by order of the prosecutor of the Special Court for the Clergy and
taken to Evin Prison in Tehran in connection with a speech he had made at a conference in
Berlin last April. Mr. Eshkevari was reportedly held in solitary conffinement until the end of
September. It was alleged that during this period, he was denied both medical attention, being ill
with diabetes, and access to legal counsel. OEe proceedings of the Special Court, which started
on 7 October and ended on 17 October, were closed and he was forced to accept a court-
appointed lawyer, as his own lawyer was not permitted to attend the hearing.
Communications received
249. By letter dated 14 March 2000, the Government informed the Special Rapporteur that the
case of Mr. Akbar Mohammadi was still under consideration by the relevant judicial oLicials
and that the death sentence had not been conffirmed.
250. On 30 March 2000, the Government informed the Special Rapporteur that in the case of
the trial of 13 Jews and 8 Muslims on charges of espionage and acting against national security,
the accused had not chosen to be represented by their own lawyers and that, as stipulated in the
relevant laws and regulations, the court had asked the Bar Association to appoint a lawyer to
defend them. OEe Government also transmitted updated information on the trial on 9, 13
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page 55
and 16 April 2000. On 6 July 2000, the Government informed the Special Rapporteur that the
Court of Shiraz had acquitted Mr. Navid Balazadeh (on whose case the Special Rapporteur had
sent several urgent appeals) and four others due to insuffcient evidence.
251. On 10 March 2000, the Government transmitted information to the Special Rapporteur
concerning the case of Morteza Amini Mogaddam. OEe Government reported that
Morteza Amini Mogaddam had been sentenced to death aifier being found guilty of murder. OEe
Government reported that he had been pardoned by the father of the victim and that the case had
been sent to the competent court for reconsideration.
Israel
Urgent appeals
252. On 3 October 2000, the Special Rapporteur transmitted an urgent appeal to the
Government of Israel expressing her deepest concern over the escalation of violence in the
West Bank, the Gaza Strip and a number of other locations, including Nazareth and Sakhin. OEe
Special Rapporteur had received reports indicating that Israeli security forces had used excessive
and indiscriminate force in their operations. At least 50 people were reported to have lost their
lives as a result of the above-mentioned violence. The Special Rapporteur stated that she was
particularly alarmed by allegations that Israeli forces had used live ammunition against civilians
and that heavy weaponry, including helicopter gunships and anti-tank missiles, had been
deployed in some of the actions carried out by the Israeli army. OEe Special Rapporteur urged
the Government to ensure that government forces were immediately ordered to act with restraint
and to respect international human rights standards when carrying out their duties. OEe Special
Rapporteur stated that all incidents of alleged killings by government forces had to be
investigated without delay, and the persons responsible for these crimes brought to justice.
Communications sent
253. The Special Rapporteur transmitted allegations of violation of the right to life of the
following individuals.
254. According to the information received, Ramez Fayez Mohamed Rashid Elrzi, from
el Nusseirat refugee camp in the Gaza Strip, died in his cell at el Nafha prison, in Israel. In
February 2000, Ramez Fayez Mohamed Rashid Elrzi was arrested in Afula and subsequently
convicted of entering Israel without the required permit and sentenced to three years of
imprisonment. It is reported that his father had last visited him on 9 August 2000 and reported
that his son was in relatively good health.
255. According to the information received, on 16 August 2000, Muhammad Bazar Abdallah
was reportedly killed by forces of the duvdevan” undercover army unit in Surda, north of
Ramallah. It is reported that Muhammad Bazar Abdallah went up on the roof of his house, aifier
hearing noises in the middle of the night. It is alleged that when the soldiers did not answer his
call, he ffired his revolver and the soldiers shot back, killing him.
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256. According to the information received, on 3 October 2000, Aseel Hassan Assalih died,
allegedly aifier having been beaten and shot by the Israeli military while attending a
demonstration.
257. According to the information received, on 22 May Israeli forces allegedly directed tank
ffire from the Israeli side of the border at Lebanese civilians, killing Abd Al-Karim Assaf,
22 years of age, and Ibrahim Maruni, 16 years of age. It is reported that Abd Al-Karim Assaf
and Ibrahim Maruni were driving along the road in Manara when their car was hit by fire from
the Israeli side of the border. According to the information received, Salman Rammal was
killed, allegedly as a result of tank ffire from Israeli forces, during the same incident in Manara.
258. According to the information received, on 23 May 2000, Israeli forces allegedly
directed tank ffire from the Israeli side of the border at Lebanese civilians, killing
Abd Al-Rahman Taqqush while he was driving along the road in Manara.
259. According to the information received, on 23 May 2000, an Israeli soldier allegedly
killed Mohammed Al-Durrah. It is reported that Mohammed Al-Durrah died while his father
tried, in vain, to shield him from gunffire as they crouched against a concrete wall near Netzarim
in the Gaza Strip.
260. It was reported that Halima Abdel Al-Aloul and her husband were approached by car at a
military checkpoint between Kharas and Sourif, Hebron district. Abdel Al-Aloul's husband
reportedly realized that they did not have the insurance document for the vehicle and decided to
turn back. The Israeli soldiers manning the post allegedly opened ffire at the car, killing
Halima Abdel Al-Aloul.
261. According to the information received, Murad Azaru was shot dead on 30 March 2000,
allegedly by an Israeli soldier in Shuafat. It was reported that Murad Azaru was in his car when
the soldier opened ffire from a checkpoint at the entrance to the Shuaifi refugee camp in the
West Bank.
Communications received
262. On 10 October 2000, the Government of Israel transmitted a reply to the Special
Rapporteur to her urgent appeal dated 3 October 2000. OEe Government deeply regretted the
casualties and the loss of life, both Arab and Israeli. Concerning the West Bank, the
Government stated that Israeli residents were restricted in their movements and placed in great
danger. According to the Government, the allegations of excessive and indiscriminate force
were unfounded. OEe Government reported that helicopters had been used in certain incidents as
a means of accurate identiffication, in order to target only speciffic snipers and ffiring positions,
thereby minimizing damage and injury.
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Jamaica
Urgent appeals
263. The Special Rapporteur transmitted an urgent appeal on 23 August 2000 to the
Government of Jamaica concerning the safety of Dahlia Allen, an attorney representing
some 20 inmates at the St. Catherine's Adult Correctional Centre, Spanish Town, who had
allegedly been the victims of ill-treatment by prison guards. It had been brought to the attention
of the Special Rapporteur that Dahlia Allen had been intimidated and harassed, allegedly in
relation to her attempts to represent the inmates during the hearings of the commission of
inquiry. It was alleged that State agents connected with St. Catherine's prison were behind the
death threats against Dahlia Allen.
Communications sent
264. The Special Rapporteur transmitted an allegation concerning the case of Michael Gayle
who reportedly died on 23 August 1999 due to injuries sustained two days earlier when
attempting to pass through a police and army roadblock in Oympic Gardens, Kingston.
Michael Gayle allegedly suLered a traumatic rupture of his stomach lining due to the severe
beatings he was subjected to by the police offcers. It was reported that Michael Gayle suffered
from mental illness.
Communications received
265. On 31 October 2000, the Government of Jamaica informed the Special Rapporteur that
neither the Ministry of National Security and Justice, the Police Department, nor any public
authority had received a complaint from Ms. Dahlia Allen regarding any concern for her safety
or alleging any surveillance or telephone tapping.
Jordan
Urgent appeals
266. On 22 September 2000, the Special Rapporteur, jointly with the Special Rapporteur on
torture, sent an urgent appeal to the Government of Jordan concerning the situation of
Khader Abu Hosher and Usama Husni Kamel Sammar who had been arrested in December 1999
by security forces and reportedly held in incommunicado detention for up to three months at the
General Intelligence Department's detention centre. On 18 September 2000, they were
reportedly convicted of plotting to carry out bomb attacks in Jordan, manufacturing explosives
and recruiting people to carry out attacks on Jewish and American targets and sentenced to death
for their alleged involvement with al-Qa'eda (the Base), an organization allegedly linked to
Usama ben Laden. It was reported that in April 2000, during the trial, serious restrictions were
imposed on communication between the defendants and their lawyers, with whom they were
allowed to meet only in the presence of security forces. It was alleged that Khader Abu Hosher
and Usama Husni Kamel Sammar were subjected to prolonged torture and ill-treatment and that
E/CN. 4/2001/9/Add. 1
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confessions were extracted under duress. During the trial, Khader Abu Hosher was reported to
have stated that he had been subjected to very tough interrogation methods” and that other
defendants were tortured and terrorized” into testifying against him.
Communications sent
267. The Special Rapporteur transmitted one allegation of violation of the right to life of
Usama Abdul-Karim Ali Qsaem. According to the information received, on 6 October 2000,
Usama Abdul-Karim Ali Qsaem was reportedly killed in Jordan by the anti-riot police while
expressing his support for the Palestinian people. It was reported that anti-riot police allegedly
used tear-gas bombs and rods against the demonstrators.
Kenya
Communications sent
268. The Special Rapporteur transmitted an allegation of violation of the right to life of
six individuals. According to the information received, six unarmed prisoners were killed aifier
being stripped of their clothes by prison wardens in Nyeri. It was reported that the six
reportedly killed were part of a group of eight prisoners on death row who attempted to
escape from King'ong'o prison in Nyeri, 150 kilometres from Nairobi, in the early hours
of 4 September 2000. It is reported that the prisoners were allegedly shot dead indiscriminately
by scores of armed wardens.
Lebanon
Urgent appeals
269. On 17 November 2000, the Special Rapporteur transmitted an urgent appeal jointly with
the Special Rapporteur on torture and the Special Rapporteur on the human rights of migrants
concerning Sudanese asylum-seekers, Trabun Ibrahim Laku, Gilbert Kwagy, Adam Abu
Bakr Adam and Salah Muhammad Abdallah, who were reportedly held in incommunicado
detention at Furn al-Shibak General Security Detention Centre in Beirut, as well as
about 200 Sudanese and Iraqi asylum-seekers/migrants held in the same and other detention
centres around the country on charges of entering the country illegally. According to the
information received, it was believed that Sudanese and Iraqi asylum-seekers were subjected to
torture and other ill-treatment in an attempt to force them to abandon their asylum applications
and leave the country. Gilbert Kwagy was believed to have sustained a broken arm, reportedly
as a result of torture. It was reported that he did not receive any medical treatment despite his
injuries. Awadalla Jum'a Jarkum, a 19-year-old Sudanese asylum-seeker, was reportedly
detained by the Lebanese security forces on 9 October 2000. He was said to have initially been
detained at the Furn al-Shibak General Security Detention Centre before being transferred to
Rumieh Prison. A warrant for his arrest was reportedly issued on 28 October, charging him with
entering Lebanon illegally. He reportedly died in Rumieh Prison on 3 November 2000. OEe
Lebanese authorities were said to have issued a medical report stating that he had died of a heart
attack. However, reports indicated that no autopsy was carried out. Trabun Ibrahim Laku was
reportedly arrested on 19 April 2000, despite having produced a document proving that he had
E/CN. 4/2001/9/Add. 1
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lodged an asylum application with UNHCR. He was reportedly charged with illegally entering
Lebanon and sentenced to three months' imprisonment by a court in Beirut. Upon completion of
his sentence at Alya Prison, he was said to have been taken to Furn al-Shibak General Security
Detention Centre and asked to produce his passport, reportedly in order to arrange for his
deportation. When he failed to produce his passport he was reportedly forced out of his cell with
his hands cuLed behind his back and beaten with batons until he fell to his knees. At that point,
he reportedly received two severe blows to his lower back. As a result of the torture, he is said
to be partially paralysed, to be suLering from severe back pain from a lumbar fracture, and is
reportedly incontinent. On 14 October 2000, aifier a further two months of incommunicado
detention, he was reportedly released and admitted to Al-Karantina Hospital. No investigation
into his torture allegations is said to have been carried out. Fears had been expressed that the
above-named persons could be at risk of torture, other forms of ill-treatment or even death in
view of the reports received, the incommunicado nature of their detention and the fact that
prolonged incommunicado detention can in itself constitute cruel, inhuman or degrading
treatment.
Mexico
Urgent appeals
Human rights activists
270. On 9 February 2000 the Special Rapporteur, jointly with the Special Rapporteur on the
freedom of opinion and expression, sent an urgent appeal to the Government of Mexico
concerning the death threats received by Juan USpez Villanueva, a lawyer from the Fray
Bartolom& de las Casas Human Rights Centre.
271. On 7 July 2000, the Special Rapporteur sent the Government of Mexico an urgent appeal
in connection with the situation of Arturo Solis, director of CEPRODHAC, in Reynosa,
Tamaulipas State, bordering on the United States of America. Arturo Solis was allegedly
accused of defamation by a government body aifier publicizing charges against offcials of the
National Migration Institute (INM) in Tamaulipas concerning illegal traffficking, extortion and
ill-treatment of migrants, and concerning the authorities' apparent failure to take measures in
respect of these complaints. He reportedly lodged complaints with the Offce of the
Attorney-General of the Republic (PGR), Ministry of Justice of the Republic. According to
information since received, several witnesses testifying in defence of Arturo Solis, two of whom
have allegedly retracted their statements, were threatened, one with death. Mr. Solis and his
family are allegedly being kept under surveillance by unknown individuals in vehicles without
licence plates. On 9 February 2000, the offfices of the Centre for Border Studies and Promotion
of Human Rights reportedly received anonymous death threats.
Journalists
272. On 26 October 2000, the Special Rapporteur sent an urgent appeal, jointly with the
Special Rapporteur on freedom of opinion and expression, to the Government of Mexico.
On 21 October 2000 in Mexico City, Jaime Avil&s, ajournalist with the national daily newspaper
La Jornada”, allegedly received an e-mail message threatening him with death. OEe source
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states that on the same day La Jornada” had published an article in which Jaime Avil&s
supposedly implicated the governor of the State of Tabasco, Roberto Madrazo Pintado, in
various corruption cases. According to the source, in May 2000 Jaime Avil&s received another
threatening e-mail message aifier writing a series of articles on the Government's action in the
indigenous communities in Chiapas State.
Peasants
273. On 1 August 2000, the Special Rapporteur sent the Government an urgent appeal in
connection with the situation of Marco Antonio Abadicio Mayo, a member of the Sierra del Sur
Peasant Organization (OCSS), who was allegedly shot and seriously wounded on 21 July 2000,
by a group of unidentiffied persons, while in the community of Atoyaquillo, municipality of
Coyuca de Benitez. The source states that despite the lodging of complaints, the competent
authorities have apparently not opened any investigations. According to the information
provided by the source, Marco Antonio Abadicio Mayo had previously lodged a complaint
alleging that he had been threatened and beaten on 12 January 2000 by a group of police off cers
on the outskirts of the Pueblo Viejo community.
Indigenous representatives
274. The Special Rapporteur sent an urgent appeal jointly with the Special Rapporteur on
torture on 13 July 2000 aifier learning that Benito Almaraz Enriquez, Jorcktn Almaraz Silva,
Arnulfo Almaraz Valencia, Eleno Hern tndez Almaraz, Genaro L6pez Ruiz,
Jos& Pacheco Contreras, Guillermo Pacheco Pacheco and Silvano Pacheco Pacheco and
Agustin Pacheco Hern tndez, of the Loxicha region, Oaxaca State, had allegedly been
sentenced to 40 years' imprisonment on 7 July 2000, following an apparently unfair trial
which involved confessions made under torture. According to the information, since
August 1996 more than 130 indigenous zapotecos have been detained and charged with
membership in the armed opposition group Ej&rcito Popular Revolucionaria (EPR). OEe latest
arrests allegedly occurred on 25 May 2000 and, according to the source, blows and threats were
used and no judicial warrant produced. The above-mentioned individuals were allegedly
detained unoffcially for ffive or six days, during which time they were beaten, tortured with
electric shocks, threatened with death and forced to sign false confessions. Only 25 of the 60
originally detained have been sentenced, on charges such as terrorism, conspiracy, attempted
homicide and keeping ffirearms. Another 47 were reportedly released, but some of them did not
return to their homes for fear of further abuse. According to the information, despite complaints
lodged with both the Public Prosecutor's Offfice and the Human Rights Commission, it would
appear that no investigations are being conducted into the charges of torture, ill-treatment and
other irregularities, statements having been taken from persons who do not speak Spanish with
no provision of translators. The detainees' relatives have allegedly suLered intimidation and
harassment since the detentions and some have leifi their homes in order to ensure their safety.
Israel Ochoa Lara, defense counsel for the Loxicha prisoners, was allegedly also subjected to
harassment.
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Communications sent
275. The Special Rapporteur transmitted three allegations of violation of the right to life
during the period under review. The Special Rapporteur also transmitted several letters to the
Government of Mexico to follow up previous communications. During the period under review
the Special Rapporteur transmitted allegations on behalf of the following individuals.
Human rights activists
276. Victor Arreola Barrientos, age 53, president of the ejido board representing the Partido de
la Revoluci6n Democnttica (PRD), was allegedly killed on 12 May 2000 in an ambush carried
out, according to the source, by a paramilitary group. The source states that the victim's body
bore 43 gunshot wounds and a coup de grace.
277. Jos& Angel Martinez Rodriguez, coordinator of the Beta Group in Tenosique-Balanc tn, a
division of the National Migration Institute, was allegedly killed on 29 November 2000 in an
attack by organized criminal groups.
Peasants
278. According to information received, Jos& Luis Rodriguez was murdered near the
Tepetixtla river in the municipality of Coyuca de Benitez, Guerrero, on 15 April 2000, in an
ambush by members of a paramilitary group which the source states is operating in the region.
The source alleges that, on the night of 20 April, Jose Martinez Ram6n and Felipe Nava G6mez
were murdered by the same paramilitary group while attempting to cross the Tepetixtla river.
According to the source, both their heads had been smashed with stones and the men had been
shot in the back of the neck.
279. According to information received, Artemio Antonio P&rez was detained in the
municipality of Mixistlan de la Reforma on 14 July 2000, allegedly on the orders of a Partido
Revolucionario Institucional (PRI) candidate. The source states that Artemio Antonio P&rez was
taken to the municipal prison. According to the information received, on 15 July 2000 the
members of his family were refused permission to visit him. It is stated that Artemio Antonio
P&rez's family subsequently received his lifeless body, bearing obvious signs of torture.
Journalists
280. On 20 May 1997, Jesiis Abel Bueno Le6n, publisher of the weekly newspaper
Siete Dias”, was allegedly tortured and executed in the municipality of Tixtla, Guerrero, by
government agents. Jesiis Abel Bueno Le6n allegedly leifi a note in which he cited a number of
government oLicials as principals in the acts of torture which caused his death.
281. On 30 August 1997, the body of Rub&n Calder6n Esquer, publisher of the newspaper
La Montaffia de Nuevo Laredo” Tamaulipas, was found in a ditch at the side of the
Monterrey-Nuevo Laredo road. It is stated that the competent authorities were informed of his
disappearance, which had occurred three days earlier, and had been told that it was linked to
charges of corruption against several public off cials which the newspaper had printed.
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282. On 12 February 1998, Luis Mario Garcia Rodriguez, a journalist with the daily
newspaper La Tarde”, was murdered near a police station in Mexico City. It is stated that the
murder was prompted by articles which Luis Mario Garcia Rodriguez had written concerning
alleged corruption in the police force and the Off cc of the Attorney General.
283. On 23 October 1998 Claudio Cortes Garcia, ajournalist and contributor to the Mexican
edition of Le Monde Diplomatique” allegedly received several gunshot wounds which led to his
death. His body was found on the back seat of his car.
284. On 29 October 1998, Pedro Valle Fern tndez, a radio and television correspondent in
Guerrero, was allegedly shot in the back of the neck and killed. His body was found on the back
seat of his car in Puerto de Zihuatanejo, near Acapulco.
285. On 18 December 1998, journalist Armando Mel&ndez S tnchez allegedly died as a result
of gunshot wounds which he received while in the company of his wife.
Follow-up
286. The Special Rapporteur transmitted follow-up letters to the Government of Mexico
concerning the cases of the following individuals: Pedro Hern tndez Monjaras, Selerino Jim&nez
Almaraz and Aureo Mendoza Rosales.
Communications received
287. On 21 May 2000, the Government of Mexico provided the Special Rapporteur with
information about the situation of members of the Centro de Derechos Humanos Miguel Agustin
Pro Ju5rez, and in particular the case of Digna Ochoa y Placido. The Government of Mexico
stated that an investigation had been opened and protective measures ordered immediately to
safeguard the lives and physical integrity of the victims. OEe Government informed the Special
Rapporteur that on 18 November 1999, Digna Ochoa y Placido accepted the oTher of personal
protection and that since 4 November 1999 she has been provided with 24-hour police protection
at the headquarters of the Centro de Derechos Humanos Miguel Agustin Pro Ju5rez.
288. On 24 May 2000 the Government of Mexico transmitted to the Special Rapporteur
additional information about the case of Jorge Nava Avil&s. According to the information
submitted by the Government, on 3 March 1998 four individuals were brought before the ffirst
district court for federal criminal matters as allegedly responsible for torturing and killing
Jorge Nava Avil&s and concealing his murder. OEe Government states that several appeals were
lodged by one of the four individuals, a certain C.P., who was subsequently convicted and
sentenced to four years, seven months and 14 days of imprisonment plus a ffine. OEe accused
appealed the sentence, however, and a second court issued ajudgement on 25 June 1999 altering
the previous decision. The second court found him guilty of concealment but innocent of the
torture charges and handed down a new sentence of one year, seven months and 15 days of
imprisonment, with the possibility of substituting a ffine for the prison sentence. OEe
Government informed the Special Rapporteur that it would send her additional information
concerning the other accused individuals.
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289. On 26 May 2000, the Government of Mexico sent the Special Rapporteur information
about the case of Arturo Solis, Director of the Centre for Border Studies and Promotion of
Human Rights (CEPRODHAC) and Juan L6pez Villanueva, an attorney with the legal division
of the Fray Bartolome de las Casas” Centre for Human Rights. Concerning the latter, the
Government of Mexico stated that it had informed the Mexican League for the Protection of
Human Rights that the victims should apply to representatives of the Public Prosecutor's Offce
and lodge a complaint for appropriate legal action. Concerning the situation of Mr. Arturo Solis,
the Government of Mexico stated that it had informed the Offce of the Attorney-General in
Tamaulipas State of Mr. Solis's desire that the investigation of the violations at issue should be
carried out under the Programme for the Protection of Journalists and Human Rights Defenders.
On 7 July 2000, the Government of Mexico transmitted to the Special Rapporteur additional
information regarding the case of Arturo Solis. OEe Government of Mexico stated that
on 11 July 2000 the Off cc of the Attorney-General of the Republic had instructed the Offfice of
the Attorney-General in Tamaulipas State to provide the necessary federal judicial police
protection, which was done immediately.
290. On 21 July 2000, the Government of Mexico sent the Special Rapporteur information on
the circumstances surrounding the death of Pedro Valle Hern tndez. According to the
information provided by the Government, an autopsy showed that the cause of death was
hypovolaemic shock secondary to a bullet wound caused by a ffirearm. OEe Government stated
that a complaint was lodged with the Investigating Public Prosecutor of the Ordinary Court of
the Judicial District of Teniente Jose Azueta, in Zihuatanejo, Guerrero, the body responsible for
conducting the investigation. On the basis of a preliminary investigation criminal proceedings
were opened against four persons (whom the Government identiffies in its reply). OEe persons
concerned were acquitted by the judge in charge of the case in his ffinaljudgement, who decided
that they were not guilty or criminally responsible for aggravated homicide; the decision was
appealed. Criminal proceedings remained open in respect of the other three accused persons
(whom the Government identiffies in its reply), against whom an arrest warrant was issued, for
the oLence of aggravated homicide committed against Pedro Valle, but which it has not been
possible to carry out. Lastly, the Government states that, as responsibility for the acts concerned
has not been proved, it has not been possible to determine whether compensation is appropriate.
291. On 9 September 2000, the Government of Mexico sent the Special Rapporteur a reply to
the letter containing the allegation in the case of Jesiis Abel Bueno Le6n. OEe Government
stated that a complaint had been lodged concerning the death of Jorge Nava Avil&s, and that
responsibility for the investigation lies with the Offce of the Attorney-General in Guerrero State.
The Government states that the persons allegedly responsible for the death of Jorge Nava Avil&s
have been identiffied and are being prosecuted. No charges have been brought as proceedings are
still at the pre-trial stage, with submission and examination of evidence. The Government
informs the Special Rapporteur that as soon as any relevant information is received it will be
forwarded to her.
292. On 12 September 2000, the Government of Mexico provided the Special Rapporteur with
information about the case of Luis Mario Garcia Rodriguez. The Government informed the
Special Rapporteur that an autopsy indicated the cause of death as bullet wounds to the skull,
thorax and abdomen caused by a ffirearm. OEe Government stated that a complaint had been
lodged with the representative of the Public Prosecutor's OLice, OLice of the Attorney-General
E/CN. 4/2001/9/Add. 1
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in the Federal District, which is the body responsible for carrying out the investigations, that
proceedings were at the stage of pre-trial investigation and completion of the ffile, and that the
alleged perpetrator had not yet been found.
293. On 12 September 2000, the Government of Mexico provided the Special Rapporteur with
information about the case of Claudio Cort&s Garcia. OEe Government informed the Special
Rapporteur that an autopsy found the cause of death to be asphyxia by hanging. OEe
Government stated that a complaint was lodged with the representative of the Public
Prosecutor's OLice attached to the Ordinary Court, the body responsible for investigating such
facts. According to the information provided by the Government, the investigation is still being
completed and three persons (whose names are supplied by the Government in its reply) have
been identiffied as the alleged perpetrators of the oLences of conspiracy, aggravated illegal
deprivation of liberty and aggravated homicide.
294. By letter dated 14 September 2000, the Government of Mexico provided the Special
Rapporteur with information about the situation of Freddy Secundino S tnchez. OEe Government
of Mexico stated that, once the case had been transmitted to the competent authorities, the
Judicial Police informed the Federal District Human Rights Commission that several of its units
had conducted investigations in the complainant's home and adjacent streets for the purpose of
providing him with the requisite protection.
295. On 15 September 2000, the Government of Mexico transmitted to the Special Rapporteur
information about the situation of Marco Abadicio Mayo. The Government stated that, although
no one had come forward to lodge a complaint regarding the events in question, the authority
opened an investigation of its own motion and transmitted the ffile to the authority with
competence to try the case, which, in turn, opened a preliminary investigation in the context of
which the appropriate steps were taken. The State Attorney-General's Off cc is continuing the
investigation with a view to obtaining the information required to open the appropriate criminal
proceedings.
296. On 30 November 2000, the Government of Mexico sent information concerning the case
of Jaime Avil&s. OEe Government stated that the Governor's Off cc had informed Jaime Avil&s
that it was willing to support investigations in the case and provide any protection deemed
necessary. OEe Legal Affairs Department of the Offce of the Governor of Tabasco State ffirmly
denies that the Governor of Tabasco State, either himself or through another person, caused,
promoted, sponsored or conducted any action against any individual such as would contravene,
inter alia , the right to freedom of expression enshrined in the Constitution”.
297. On 30 November 2000, the Government of Mexico sent the Special Rapporteur
information concerning the judgement handed down in the cases of Benito Almaraz Enriquez,
Jordan Almaraz Silva, Arnulfo Almaraz Valencia, Eleno Hernandez Almaraz, Genaro Lopez
Ruiz, Jose Pacheco Contreras, Guillermo Pacheco Pacheco, Silvano Pacheco Pacheco and
Agustin Pacheco Hernandez.
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Myanmar
Urgent appeals
298. On 5 September 2000, the Special Rapporteur sent an urgent appeal to the Government of
Myanmar in relation to the arrest of Aung San Suu Kyi and other members of the National
League for Democracy (NDL) on 2 September 2000. It was reported that Aung San Suu Kyi
and the other members of the NDL were stopped by members of the security forces
on 24 August 2000 shortly aifier leaving Yangon. Fears were expressed over the safety of Aung
San Suu Kyi and the members of the NDL.
Communications sent
299. The Special Rapporteur transmitted allegations of violation of the right to life concerning
the following cases.
300. It was reported that on 7 April 2000, a group of some 170 soldiers of the State Peace and
Development Council (SPDC) from Unit IB72 in Loi Kaw township in Karen State, under the
command of Major Aung Win, entered Kun-Hing township. OEe soldiers then opened ffire on a
number of farmers who were sheltering in their huts. It is alleged that Lung Sara Wi died
instantly aifier having been shot in the head. Lung Na-Ling was reportedly wounded in his upper
right thigh while trying to escape. He reportedly died of his injuries. Zaai Zit-Ta was allegedly
captured and beaten to death by the soldiers.
301. It was reported that on 4 June 2000, a group of soldiers surrounded the marketplace in
Ham Ngaai village and opened ffire indiscriminately on a crowd. Allegedly, Lung Paem was
killed, and ffive other people wounded in the incident.
302. According to the information received, on 19 May 2000, a group of soldiers stopped and
searched the farmer Aa Zer and his family who were on their way home aifier work in the rice
flelds. When the soldiers started pointing their guns at them, Aa Zer tried to run away,
whereupon he was shot dead.
303. It was reported that on 1 June 2000, Aa Ku, a farmer, was captured by a group of six
soldiers who allegedly beat the man to death near the entrance to his village, Aa Yae.
304. It was reported that on 11 April 2000, some 100 soldiers under the command of
Captain Htun Myint searched, looted and burned a camp set up in Kun-Hing by displaced
farmers from Kun Pan village. When the soldiers arrived, the camp was deserted as the villagers
had run away. However, Naang Oo, who was mentally and physically handicapped, was unable
to flee and was captured by the soldiers. It is alleged that Captain Htun Myint tried to interrogate
Naang Oo. When it became clear that she was unable to answer any questions, the commander
reportedly beat her and ordered his troops to take her away. It was alleged that a group of
soldiers gang-raped Naang Oo, aifier which they shot her dead and dumped her body in a stream.
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305. According to the information received, Ai Lao, an indigenous tribesman, was beaten to
death on 27 March 2000 allegedly by soldiers of company 2 of Unit L1B334, near his home in
the village of Nam Ngaw in Murng-yawng township.
306. It was reported that during an operation around Lai-Kha on 29 June 2000,
Captain Myint Oo, commander of army Unit LIB515, ordered Nang Zing U, an 18-year-old
woman, to come to a hut for questioning. When she resisted, the captain reportedly pulled out
his pistol and threatened to kill her if she did not obey. It was alleged that he then dragged her to
the hut, where he raped her. Hearing screams from the hut, Naang Zing U's brother, Zaai Maai,
ran to her rescue. Captain Myint Oo allegedly shot him dead when he tried to enter the hut.
307. It was reported that on 12 June 2000, around 12 soldiers of army Unit 1B227, led by
Lieutenant Mm Oo, were collecting taxes from opium farms in the Paa Khaa Long tract. Two
farmers, Aa Jur and Ai La, were allegedly shot dead by soldiers as they were reportedly unable
to pay the taxes demanded.
308. According to the information received, a group of some 80 soldiers of company S of
Unit LIB S 14, under the command of Captain Hla Myint, forcibly conscripted 24 civilians as
porters in early May 2000. OEe civilians were originally from Kung Yom village in Ham Ngaai
tract in Murng-Kerng township, and had reportedly been forcibly relocated to a site at the
outskirts of Murng-Kerng town by SPDC troops a few years earlier. It is alleged that at least the
following four men were beaten to death by SPDC soldiers when they were too exhausted to
continue their work: Lung Kyawng Lu, Zaai Num, Zaai Su-Ma-Na and Lung Saw-Pc-Ta.
309. It was reported that in early May 2000, a group of soldiers from company 3 of Unit IB S S,
under the command of Captain Them Win, captured, detained and raped Naang Kham Leng and
Naang Zing Nyunt in a military camp in Lai-Kha township. It is alleged that aifier six days of
ill-treatment and abuse the two girls were taken away by soldiers who shot them dead and
dumped their bodies in a nearby forest.
310. It was reported that on 20 January 2000, a group of soldiers from Unit lBS 5, under the
command of Captain Htun Mya, shot and killed the two farmers, Lung Aw-Zinna and Naang OEa
Mya, while they were taking cover in their huts. The soldiers reportedly captured Naang Suk
and took her away to an unknown location where they allegedly raped her. After 90 days she
was returned to the farm. Five days later she allegedly died as a result of her injuries.
311. It was reported that on 26 June 2000, soldiers under the command of Captain Win Myint
were trying to steal an ox from in front of the owner's house in Lai-Kha township. When the
owner, Lung Kham Leng, saw the soldiers he went outside and told them not to take the animal
as it was his draught ox. When the soldiers refused to listen, Lung Kham Leng reportedly picked
up a stick and hit the soldier who was pulling the ox with a rope. In response, one of the
soldiers, Corporal Tin Hla, allegedly shot and killed Lung Kham Leng.
E/CN. 4/2001/9/Add. 1
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Namibia
Communications sent
312. The Special Rapporteur transmitted to the Government of Namibia one allegation of the
violation of the right to life on behalf of Elias Florindo Chimuco. According to the information
received, on 14 June 2000, Elias Florindo Chimuco was arrested in the Kavango region,
allegedly by a military unit of the special fleld forces. It was reported that Elias Florindo
Chimuco was held in custody until 3 July 2000 when he was taken to the Rundu state hospital
where he died of starvation. It is alleged that he did nor receive any food during the period of his
detention.
Nepal
Urgent appeals
313. The Special Rapporteur sent an urgent appeal on 9 May 2000 on behalf of
Laxmi Mubdari who had been held in detention at Morang Prison since her arrest
on 31 January 2000 in Biratnagar. It was reported that Laxmi Mubdari was allegedly
removed from Morang Prison by police off cers on 23 April 2000. Since then her whereabouts
are unknown. OEe Special Rapporteur expressed her concern that the woman's life might be in
danger.
Communications sent
314. The Special Rapporteur transmitted four allegations of violations of the right to life to the
Government of Nepal concerning the following cases.
315. According to reports, in March 2000 the bodies of Sita Pun, Sirjana Pun, Bal Badbra
Thapa and Ram Bahadur Kharki Chetri were recovered from an abandoned police station at
Simrutu, Rukum district. Sita Pun, 13 years old, and Sirjana Pun, 16 years old, were arrested
on 3 January 2000. It is reported that Bal Badhra OEapa and Ram Bahadur Kharki Chetri were
allegedly taken into custody at the police station on 1 February 2000 and on 27 January 2000,
respectively. All of them reportedly died in custody as a result of torture or deliberate killing.
316. According to reports, on 26 May 2000, Bhaghawati Chaudhari, a 17-year-old girl, was
reportedly killed by police at Urma village, Kailali district. According to the information
received, the police had been in pursuit of some 25 members of the OEaru National Liberation
Front (TNLF), reported to be an organization affliated with the Communist Party of Nepal
(Maoist), who had attacked an Indian businessman and tried to extort money from him. OEe
police caught up with the group at Urma village and a three-to-four-hour ffireffight ensued.
Several TNLF members managed to escape whilst the police reportedly teargassed the house in
which the remaining members were hiding and set it on ffire. Bhaghawati Chaudhari came out of
the house and reportedly shouted at the police not to kill her friends. OEe police reportedly
questioned her for a long time and subsequently shot her. According to the source, her body had
ffive bullet wounds, three in the chest, two on her hands, suggesting that she might have tried to
protect herself
E/CN. 4/2001/9/Add. 1
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317. According to reports, on 22 February 2000, Tika Ram Wali, Bhadra Bahadur Khadaka,
Paraveer Khadaka, La! Rahadur Khadaka, Kaxmi Khadaka, Khadaga Bahadur Khadaka,
Govinda Bahadur Khadaka, Dcvi La! Khadaka, Trivan Wa!i, Gopa! Khatri Chetri,
Deurup Khatrichetri, Hemanta Khatri, Dhana Bahadur Wa!i, La! Bahadur Wa!i and Tikaram
Khatri were reported!y ki!!ed by the po!ice in Khara Vi!!age District Counci! (VDC), Rukum.
318. According to the information received, Li!a Shrestha, a mi!itary guard at the
te!ecommunication tower of Jerung VDC-9, So!ukhumbu district, and resident of Marekatahare,
Dhankuta district, was reported!y shot dead by po!icemen from the Pata!e po!ice post at Kerung
VDC.
Communications received
319. The Specia! Rapporteur regrets that at the time of the ffina!ization of this report the
Government had not transmitted any rep!y to her communications.
Nicaragua
Urgent appea!s
320. The Specia! Rapporteur sent an urgent appea! to the Government of Nicaragua
on 30 March concerning the death threats reported!y received by Vi!ma Nuffiez de Escorcia,
Chairperson of the Nicaraguan Centre for Human Rights ( Centro Nicaraguense de Derechos
Humanos) . It was reported that Vi!ma Nuffiez de Escorcia had received severa! death threats,
a!!eged!y from members of the po!ice, owing to the investigations she is carrying out into the
murders of members of the Frente Unido Andr&s Castro (FUAC) on 16 March 2000.
Communications received
321. On 15 May 2000 the Government of Nicaragua transmitted to the Specia! Rapporteur
information concerning the case of Vi!ma Nuffiez de Escorcia. OEe Government reported that
there were no threats to her safety and that the Court of Appea!, Crimina! Chamber, did not order
her detention or any action that cou!d p!ace her physica! integrity in danger.
Nigeria
Communications sent
322. The Specia! Rapporteur tansmitted one a!!egation to the Government of Nigeria
concerning the case of Barinaadua Jung!e Gbaraka who was reported!y shot dead on 11 Apri!,
a!!eged!y by po!ice offcers, during a raid on K-Dere vi!!age, Ogoni!and, south-west Nigeria.
E/CN. 4/2001/9/Add. 1
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Oman
Urgent appeals
323. The Special Rapporteur sent an urgent appeal on 13 November 2000. According to the
information received, on 7 November 2000, Habib bin Jum'a bin Sulayman, Ahmed bin Habib
bin Jum'a, Mohammad bin Habib bin Jum'a, Faisal bin Hilal bin Salem and Najeeb bin
Mahfoudh were sentenced to death by a criminal court in Muscat. OEey were accused of
murdering three owners of a j ewellery store during a burglary in September. According to the
information received, this sentence has to be ratiffied by a legal committee, of which the
Grand Muifii is a member, and by the Sultan before it can be carried out. It is reported that the
committee invariably upholds the decision of the criminal court. It was also reported that under
Omani law it is not possible to appeal death sentences for premeditated murder.
Pakistan
324. The Special Rapporteur, jointly with the Special Rapporteur on the independence of
judges and lawyers and the Special Rapporteur on the right to freedom of opinion and
expression, expressed by letters addressed to the Governments of Pakistan and India
on 6 October 2000 their concerns over an increasing number of reports regarding human rights
violations relevant to their respective mandates in certain parts of those countries. The Special
Rapporteurs stated that country visits would enable them to evaluate the situation and reach an
independent assessment of the reports and allegations received, and to formulate pertinent
recommendations to be placed before the Governments of both countries.
Urgent appeals
325. The Special Rapporteur, jointly with the Special Rapporteur on freedom of opinion and
expression, sent an urgent appeal to the Government of Pakistan on 10 August 2000 in order to
draw its urgent attention to information concerning death threats received by Inayat-ul-Haq
Yasini, a journalist at the Pushto-language daily Wahdat based in Peshawar (north-west
Pakistan). It had been reported that Inayat-ul-Haq Yasini had received threatening telephone
calls since he published, on 26 June 2000, a survey based on the comments of Afghan refugees
and their leaders in refugee camps in north-west Pakistan. It is reported that the anonymous
caller had told him that the article was too favourable to General Al-Maroof Shariati, leader of
the Afghanistan National Council for Peace” (an opposition party in exile). According to the
information received, Mr. Yasini had already been threatened, allegedly by an anonymous
person who said he was calling from the Taliban”. It is alleged that Mr. Yasini also received
an anonymous letter telling him not to favour the movement of General Al-Maroof Shariati” if
he did not want to pay the OEigh price”: We would not be responsible for what might happen to
those who support this party funded by the CIA”.
326. On 14 August the Special Rapporteur transmitted an urgent appeal to the Government of
Pakistan concerning more than 12 people who were reportedly killed and 30 others injured
on 10 August 2000 by a car bomb allegedly set by the Hizbul Mujahideen, a guerrilla group
reportedly based in Pakistan. OEe killings took place outside a branch of the State Bank of India
in Srinagar, Kashmir. It was also reported that the Hizbul Mujahideen claimed responsibility for
E/CN. 4/2001/9/Add. 1
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killing 12 soldiers in an attack on an Indian army base carried out on 8 August 2000. The
Special Rapporteur received reports which claimed that these attacks were the ffirst in a
series of attacks that took place aifier the Government of India agreed to talks with the
Hizbul Mujahideen. OEe Special Rapporteur urged the Government of Pakistan to ensure that
all possible steps would be taken in order to avoid such incidents so as to protect the safety and
security of civilians, even within the territory of another State, in accordance with international
human rights and humanitarian law standards.
Communications sent
327. The Special Rapporteur transmitted three allegations of violation of the right to life to the
Government concerning the following individuals:
(a) Saqi Jan, Mohammed Ramzan, Wazir Mohammed, Jumma Khan and
Barkat Khan, reportedly killed during an exchange of ffire with the local police in Pushtoonabad,
Quetta, Baluchistan;
(b) Nadeem Akhtar, arrested in Faisalabad, Punjab. According to the information
received, he died while in police custody as a result of torture;
(c) Ishaq Saqi, arrested on 21 March 2000. It was reported that Ishaq Saqi, who
was diabetic, did not receive the required dose of insulin while in prison. He reportedly died
on 12 April 2000 at the District Jail in Dera Ghazi Khan.
Communications received
328. On 30 August the Government of Pakistan informed the Special Rapporteur, regarding
the killings in Srinagar, Kashmir, that Pakistan has repeatedly condemned all attacks that result
in the killing of civilians, and has been calling for their investigation by an impartial third party.
The Government stated that it shared the Special Rapporteur's concerns over the safety and
security of civilians in the area.
Observations
329. The Special Rapporteur issued a press release on 17 August 2000 urging the
Governments of Pakistan and India to investigate the outbreak of violence in Kashmir which left
over 100 persons dead. OEe Special Rapporteur also called on the Government of India to
conduct a high-level independent inquiry into the 1 August killing of over 85 people in the
Kashmiri villages of Pahalgam, Anantnag and Pogal. Reports following the attack have linked
the Hizbul Mujahideen and Indian security forces to the deaths. In appealing to the two
Governments, the Special Rapporteur said that the recent violence imperils the nascent peace
process in Kashmir and delays one key dividend of such a process: an end to arbitrary and
summary killings in that tortured land”.
E/CN. 4/2001/9/Add. 1
page 71
Peru
Urgent appeals
330. The Special Rapporteur transmitted an urgent appeal to the Government of Peru
on 17 April 2000 concerning the death threats received by Jorge Efntn Martinez, a lawyer for the
Rondas Campesinas (peasants' self-defence patrol) in Frias district, Morrop5n province. He was
reportedly accused of encouraging the members of the Rondas Campesinas to protest against the
provincial prosecutor.
331. On 20 June and 4 July 2000, the Special Rapporteur sent an urgent appeal to the
Government of Peru about the situation of Jesiis Agreda Palacios, Chairman of the Association
for the Protection of Human Rights in the Department of Tacna, who allegedly received several
death threats on 12 June 2000. It is reported that the wife of Jes is Agreda Palacios received a
telephone call from an anonymous caller, who said: If your husband did not want to die, he
should have dropped the Pachia case”. OEe source reports that the threats are linked to the death
of Nelson Diaz Marcos, who died, presumably in police custody, in the town of Pachia, and
whose case was being handled by Jesiis Agreda Palacios.
332. On 28 August 2000, the Special Rapporteur sent an appeal jointly with the Special
Rapporteur on the right to freedom of opinion and expression about the situation of the
journalist and director of La Raz6n” radio programme on radio station Arpegio in Iquitos,
James Beuzebille, who was allegedly approached in the department of Loreto by four individuals
who threatened to kill him if he continued to criticize a well-known tour operator. It is reported
that James Beuzebille criticized the tour operator for his attitude towards the mayor of the town
of Maynas. OEe threat allegedly took place at the door of his house on 17 August 2000. It is
reported that, earlier, on 15 August 2000, four individuals were seen near the radio station offfice
taking photographs of persons entering and leaving the building.
Communications sent
333. The Special Rapporteur transmitted one allegation of violation of the right to life of
William Juan Ja&n Jim&nez. It was reported that William Juan Ja&n Jim&nez, 24 years of age and
imprisoned in Lurigancho penitentiary, was shot dead by guards on 29 February, allegedly in the
course of an operation to restore order following protests by inmates.
Communications received
334. On 27 June 2000, the Government of Peru informed the Special Rapporteur about the
situation of Jorge Farfitn Martinez and Higinio Castillo Calle. The Government reported that the
Morrop6n Mixed Provincial Court transmitted a letter from the non-governmental organization
Coordinadora Nacional de Derechos Humanos” (National Human Rights Coordinating Body) to
the provincial prosecutor in Ayabaca calling for the adoption of action within his jurisdiction in
connection with the alleged commission of the oLence of abuse of authority by police offficers
from Frias police station, the results of which will be reported in due course.
E/CN. 4/2001/9/Add. 1
page 72
335. On 27 July and 11 September 2000, the Government of Peru transmitted information to
the Special Rapporteur about the death of William Juan Ja&n Jim&nez, as well as additional
information in that regard. In its second communication, the Government reported that,
according to the report on the autopsy conducted on 16 March 2000, William Juan Ja&n Jim&nez
died as a result of acute irreversible brain damage. The Government also reported that no
complaint had been ffiled in connection with the incident and that no judicial investigation is
being conducted, since the Attorney-General's off cc concluded that Peruvian Government
employees, civil servants and offcials had not committed any wrongful and/or culpable act in
connection with the death of the inmate in question.
336. In a letter dated 27 July 2000, the Government of Peru transmitted the report prepared by
the Peruvian National Human Rights Council to the Special Rapporteur on the death threats
allegedly received by Jesiis Agreda Palacios, Chairman of the Asociaci6n de Defensa de los
Derechos Humanos (Association for the Protection of Human Rights) (ADDEH). According to
that report and with regard to the death threats received by Jesiis Agreda Palacios, the
Government reported that a complaint had been ffiled in the Tacna Second Provincial Criminal
Court against two police offcers (whom the Government identiffies in its reply) for the offence of
torture and against the judiciary for omitting the communication on the commission of an
oLence. In relation to the alleged death threats received by Jesiis Agreda Palacios, the
Government informed the Special Rapporteur on 28 August 2000 that the proceedings had been
transferred to the Tacna Sub-Prefecture for the adoption of action to guarantee the personal
integrity of the victim and his family. No information on the implementation of such measures
has yet been made available.
337. On 20 January 2000, the Government of Peru reported to the Special Rapporteur on the
situation of Mr. Juan Sausa Secl&n, who had allegedly received death threats. OEe Government
stated that, on 18 October 1999, the Peruvian National Police set up a security unit at his home
and that an investigation was opened, despite the fact that Mr. Sausa Secl&n signed a document
expressly stating that he did not accept the protection service and wanted to keep his sources of
information conffidential.
Phffppines
Urgent appeals
338. On 20 September 2000, the Special Rapporteur sent an urgent action to the Government
of the Philippines. According to the information received, on 16 September 2000,
the Philippines Armed Forces launched an operation against bases of the armed separatist group
Abu Sayyaf on the Island of Job. It was reported that local villagers fled their homes as
bombings continued on the island, and there were concerns that civilians could be in serious
danger as a result of these armed activities. In this connection, the Special Rapporteur recalled
that under international law exceptional circumstances, such as internal political instability, may
not be invoked to justify any derogation from the right to life and security of the person.
E/CN. 4/2001/9/Add. 1
page 73
339. In view of the developments on the Island of Job, the Special Rapporteur reminded the
Government of its obligation to protect the civilian population, to ensure the safety and physical
integrity of all persons, and to guarantee that security forces carry out their tasks in strict
compliance with international human rights and humanitarian law standards.
Communications received
340. OEe Special Rapporteur regrets that at the time of the ffinalization of this report the
Government had not transmitted any reply to her communications.
Russian Federation
Urgent appeals
341. On 3 March 2000, the Special Rapporteur, jointly with the Special Rapporteur on
violence against women, the Chairman-Rapporteur of the Working Group on Arbitrary
Detention, the Representative of the Secretary-General on internally displaced persons and the
Special Rapporteur on torture, sent an urgent appeal concerning allegations received of massive
human rights violations in Chechnya. OEe Special Rapporteur expressed her concern over
reports of extrajudicial executions, allegedly committed by Russian troops, of numerous
civilians during military operations or raids and searches of villages.
342. On 19 September 2000, the Special Rapporteur, jointly with the Special Rapporteur on
torture, the Chairman-Rapporteur of the Working Group on Arbitrary Detention and the
Special Rapporteur on the right to freedom of opinion and expression sent an urgent appeal
regarding the case of Ruslan Alikhadzhiyev, the speaker of the Chechen separatist Republic of
Incheria” Parliament, who was reportedly taken from his home in the Chechen town of Shah by
Russian government forces on 17 May 2000. It was believed that his arrest was connected to his
position as speaker. It was also reported that at a press brieffing on 25 May, the deputy chief of
the Russian army general staff, General Valery Manilov, confirmed that Mr. Alikhadzhiyev had
been captured. He was reportedly ffirst taken to a Russian military intelligence facility in the
Chechen town of Argun. On an unspeciffied date, he was allegedly transferred to a prison in
Moscow, possibly the Lefortovo prison run by the Russian Federal Security Service (FSB),
where he was believed to be held incommunicado. According to the information received, the
Prosecutor General's Office told Mr. Alikhadzhiyev's lawyer that no criminal charges had been
ffiled against him. The FSB denied that Mr. Alikhadzhiyev had ever been held in the
above-mentioned prison. The Ministry of Internal Affairs has reportedly indicated that his name
does not appear in its computerized register of people detained in the Russian Federation.
Finally, it is reported that on 3 August 2000, the Prosecutor's Offce in the Chechen Republic
informed Mr. Alikhadzhiyev's lawyer that the Shah District Prosecutor had begun a criminal
investigation into the kidnapping of Ruslan Alikhadzhiyev.
Communications sent
343. According to the information received, Aindi Kovtorashvilli was detained
on 11 January 2000 and transferred from Tolstoiyurt to Chernokozovo. It is reported that
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page 74
soldiers ordered him to run between two lines of soldiers with his hands behind his head while he
was being hit with batons and kicked. Aindi Kovtorashvilli reportedly died from the beatings
received from the soldiers.
344. It is reported that on 19 January 2000, in Staropromyslovski district, Grozny,
Mariam Goigova was lying in a wheelbarrow begging for help aifier having been wounded by a
Russian soldier when another Russian soldier who was passing by allegedly shot her in the head.
345. According to the information received, on 21 January 2000, Larisa Jabrailova and two
unknown persons were stopped and questioned by Russian soldiers in Staropromyslovski
district, Grozny. The soldiers allegedly ordered the women to cover their faces with scarves and
took them to a house on Koltsova Street. OEe women were told that the police had their base in
that building. As they were entering the yard of the house the women reportedly removed the
scarves, whereupon the soldiers opened ffire, immediately killing all three women.
346. According to the information received, Hass-Magomet Estimorov, Toita Estimorova,
Hassan Estimorov and Hozh-Akbmed Estimorov were reportedly killed by Russian soldiers
on 5 February in Oktyabrski district, Grozny. It was reported that the soldiers tried to burn the
bodies.
347. It was reported that a large group of Russian soldiers, possibly more than 100, entered
Aldi district, southern Grozny, and murdered civilians in their homes and on the streets. Soldiers
reportedly looted and burned numerous houses and demanded money from civilians, sometimes
promising to spare their lives if they agreed to pay. The following individuals were allegedly
killed by Russian soldiers in Aldi district, on 5 February: Akhmed Abalkhanov, Rakhaash
Akhmadova, Musa Akhmadov, Ziyardi Akhmerzoyev, Aindi Azuyev, Shamkham Baigiriyev,
Sultan Dzabrailov, Vakha Dzhambekov Betersultanovich, Akhmed Eldarbiev, Ramzan
Ekmurzayev, Alvi Ganayev, Salambek Ganayev, Magomet Gaitayev, Koka Gerikhanova,
Ali Hadjimuradov Germanovich, Sultan Idigov, Vakha Khakimov, Umar Kudozov,
Musa Kudozov, Zina Labazaneva, Saalam Makhamadov, Abdul Makhamadov, Umar Musayev,
Yakub Musayev, Suleiman Musayev, Abdukakhman Musayev, Yusup Musayev,
Avalu Sugaipov Saudiyevich, Abdurakhman Tasuyev, Sultan Temirov, Said-Acbmedovich,
Hanpasha Yakhyayev Sultanovich, Mussa Yakhyayaev and one unknown person.
348. According to the information received, on 6 February 2000 Adlan Israilov, Aslambek
Israilov, Turpal Israilov, Alik (family name not known) and Musa (family name not known)
were killed, allegedly by troops of the Russian Ministry of Internal ALairs, in Gekhi-Chu
village, south-west of Grozny. It is reported that on that date the troops entered the village and
ordered the residents to show their documents. Some of the soldiers reportedly took Adlan
Israilov, Turpal Israilov and Alik out from a cellar and allegedly shot them dead. It was reported
that Musa was killed by soldiers in the same incident. OEe father of Musa reportedly had to
pay 400 roubles in order to recover his son's body.
349. It was reported that on 10 February 2000 a large group of Russian soldiers entered
Staropromyslovski district and murdered civilians in their homes and on the streets. According
to the information received soldiers looted and burned numerous houses. The following
individuals reportedly lost their lives in the incident: Magomet Goigov, Risvan Taimaskhanov,
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page 75
Khamid Khashiev, Shema Inderbiyeva, Asian Tungoyev, Zina Tungoyeva, Mussa Gutsigov,
Ah Yansurkayev, Rumisa Yansurkayeva, Adem Shamiiov, Lioma Shamiiov and an unknown
person.
350. According to the information received, Kosym Reshiev, Natasha Chernova and
three unknown persons were kiiied by Russian soidiers in Staropromysiovski district,
on 19 February 2000. It had been reported that in the aifiernoon of 19 February four women and
two men were sheitering in a ceiiar in Neftynaya Street. OEey reportediy heard shooting outside
the ceiiar. The peopie in the ceiiar reportediy yeiied out to the soidiers, begging them not to
shoot. OEe soidiers aiiegediy ordered them to come out with their hands up. When they came
out of the ceiiar they aiiegediy saw six soidiers in the yard. One of them reportediy heid a
grenade with the pin aiready puiied out. OEe soidiers reportediy accused the group of hiding
Chechen ffighters, which they denied, saying that they were oniy civihans. The soidiers
reportediy toid the group to return to the ceiiar and not to come out untii the evening. According
to reports, right aifier they went back down into the ceiiar, the soidiers threw in severai hand
grenades kiiiing Kosym Reshiev, Natasha Chernova and three unknown persons.
351. According to the information received, Zhebir Turpaikhanov was detained in Aprii 2000
and transferred to an encampment near Toistoi-Yurt. It is reported that he aiiegediy was severeiy
beaten for ffive days whiie in detention. Zhebir Turpaikhanov reportediy died from the beatings
received from the guards of the encampment.
Rwanda
Communications sent
352. OEe Speciai Rapporteur transmitted one aiiegation of vioiation of the right to iife
concerning Aioys Rurangangabo who was aiiegediy kiiied by a hand grenade thrown by a
member of the security forces on 14 January 2000 in Gakoni, Murambi commune, Umutara.
353. OEe Speciai Rapporteur aiso transmitted an aiiegation of vioiation of the right to hfe of a
man named Boiembo, his wife and ffive of their chiidren who were shot dead, aiiegediy by
soidiers, on 7 June 2000 in Tshopo commune.
Saudi Arabia
354. OEe Speciai Rapporteur received a repiy from the Government of Saudi Arabia
concerning aiiegations of vioiations of the right to hfe transmitted by the Speciai Rapporteur
in 1999. The Speciai Rapporteur weicomes the communication and encourages the Government
of Saudi Arabia to continue its cooperation with her mandate.
Communications received
355. In its repiy to the aiiegations sent by the Speciai Rapporteur on the cases of
Ahmad ai-Mubaibii and Muhammad ai-Hayek, the Government informed the Speciai Rapporteur
that an investigation into the two cases had estabiished that the cause of the death of
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page 76
Mr. al-Mubalbil was congestive heart failure due to complications arising from diabetes. OEe
Government stated that he had never mentioned any health problems to the authorities
concerned. The Department of Public Prosecutions is the body responsible for conducting a full
investigation if there is any evidence of a criminal act. With regard to Mr. al-Hayek, the
Government reported that the medical reports confirm that he died as a result of a sudden heart
attack. According to the Government, he was never subjected to anything that could be regarded
as a form of cruel or degrading treatment and that there was nothing to suggest that he did not die
of natural causes.
Spain
Communications sent
356. OEe Special Rapporteur sent a communication to the Government of Spain in connection
with the death of Antonio Augusto Fonseca, a 32-year-old Guinean citizen who reportedly died
in detention in the Arrecife, Lanzarote, police station. He was allegedly arrested and taken to the
police station in Arrecife on 20 May 2000. OEe source reports that his death was the result of the
beating he received in police custody. The Special Rapporteur received information on the
opening of the judicial investigation and requested the Government of Spain to transmit the
results of the investigation to her.
Communications received
357. On 1 December 2000, the Government of Spain sent the Special Rapporteur information
on the case of Antonio Augusto Fonseca Mendes. OEe Government informed the
Special Rapporteur that the death of Antonio Augusto Fonseca Mendes did not occur as a result
of the beating he received while in police custody. OEe Government reports that three forensic
studies of the body were carried out. OEe ffirst autopsy was conducted by the chief forensic
medical offcer in Arrecife, who stated that death was from natural causes and ruled out any type
of disease. The second autopsy was carried out at the request of the family of the deceased and
indicated an alleged blow on the right side of the neck as a possible cause of the death. OEe third
forensic report, which was written by the same doctor who had prepared the ffirst report, but on
the basis of the report of the National Toxicology Institute, indicates an acute pulmonary oedema
as the cause of death, which was referred to in the reply by the Government of Spain as a natural
death. OEe Government reports that an investigation has been opened by the examining
magistrate in Arrecife de Lanzarote. The Government reports that, at the current stage of the
investigation, there are no indications of any responsibility on the part of the two national police
offcers who carried out the arrest of Antonio Augusto Fonseca Mendes. To date, no penalty has
been imposed on the police oLicers because the report by the Personnel and Services Inspector
in the Offce of the Secretary of State for Security shows that there was no irregularity of any
kind in the conduct of the police.
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Sri Lanka
Urgent appeals
358. OEe Special Rapporteur sent an urgent appeal on 3 February jointly with the
Special Rapporteur on the right to freedom of opinion and expression concerning the death
threats allegedly received by member of Parliament and lawyer, Jayalath Jayawardene. It was
reported that Mr. Jayawardene had been receiving threatening telephone calls since he was
accused of facilitating contacts between the United National Party (UNP) and the Liberation
Tigers of Tamil Elam (LTTE). OEe Special Rapporteurs had been informed that
Jayalath Jayawardene had been followed on several occasions by persons who threatened him.
359. OEe Special Rapporteur sent an urgent appeal on 30 May 2000 expressing concern over
reports received about the safety of civilians in the JaLna peninsula aifier the reported escalation
of fighting in Sri Lanka. It was reported that thousands of civilians had been displaced and that
their lives might be in danger as a result of the armed activity in the region. According to the
information received, on 19 May 2000 a home for elderly people in Kaithaddy in the eastern part
of JaLna peninsula was hit by artillery shells. It was reported that 15 elderly people were killed
and 32 wounded in the attack. It was further reported that the wounded could not receive proper
medical treatment because of the shortage of medical facilities due to the economic embargo on
this area. The Special Rapporteur urged the Government of Sri Lanka to ensure that the military
forces take all possible steps to protect the safety and security of civilians and persons
hors de combat when conducting their operations in the Jaffna peninsula, in accordance with
international human rights and humanitarian law standards.
Communications sent
360. OEe Special Rapporteur transmitted allegations of violations of the right to life of the
following individuals:
(a) Sarathambal Saravanbavananthakurukal, reportedly gang-raped and killed
on 28 December 1999, allegedly by members of the Sri Lankan navy, in Pungudutivu, near the
JaLna peninsula;
(b) Kumar Ponnambalam, criminal lawyer and the President of the All Ceylon Tamil
Congress shot dead on 5 January 2000 while driving his car at Wellawatte.
361. OEe Special Rapporteur transmitted an allegation concerning 15 unidentiffied prisoners in
ward C of the new Kalutara remand prison who were reportedly attacked on 7 January 2000 by
prison offcials. It was reported that the previous day, an incident had taken place in ward F and
some of the detainees in ward C wanted to meet with the superintendent. It was alleged that they
were not allowed to go and when they objected, they were attacked by prison guards who opened
ffire. One of the detainees died as a result of a gunshot injury.
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362. OEe Special Rapporteur also transmitted an allegation concerning the above-mentioned
incident in which 15 unidentiffied persons were reportedly killed and 31 wounded
on 19 May 2000 in a home for the aged in Kaithady, east of JaLna town, when it was hit by
artillery shells.
363. OEe Special Rapporteur transmitted an allegation concerning the case of Ganesh
Chandrakanthan who had been arrested by the police on 4 June 2000. It was reported that
on 7 June 2000 the police told his family that he had been killed by a grenade he had set oL
when he was being arrested. OEe police reportedly refused to release his body unless his
relatives signed a statement confirming that Ganesh Chandrakanthan was a member of the
LTTE. It was alleged that his body was buried by police in the Kantalai cemetery without the
presence of his family.
364. OEe Special Rapporteur sent an allegation on behalf of 26 young Tamil men aged
between 14 and 23, suspected of membership in the LTTE, who were undergoing rehabilitation
in a camp. OEe men were killed on 25 October 2000 as a result of injuries sustained when a mob
of hundreds of people from nearby villages attacked them. OEe villagers, all members of the
Singhalese community, were reportedly armed with clubs, machetes and other similar
implements. It was alleged that police off cers deployed at the rehabilitation camp did not
intervene to protect the inmates. There are further allegations that some of the police were
involved in inciting the villagers, or assisted them in entering the camp.
Communications received
365. On S May 2000, the Government of Sri Lanka informed the Special Rapporteur about the
case of a police offcer and a civilian charged in connection with the disappearance of six young
men in December 1988. The Government stated that the trial was proceeding aifier the
presentation of the indictment to the High Court of Colombo by the Attorney-General's
Department.
366. On 20 June 2000, the Government of Sri Lanka informed the Special Rapporteur about
the massive attacks launched by the LTTE. The Government pointed out that its
law-enforcements forces had been able to thwart repeated attempts by the LTTE to launch
large-scale attacks in the JaLna peninsula. OEe law-enforcement agencies together with the local
administration and civil society organizations had made arrangements to ensure essential
services and the safety of the civilian population.
367. On 10 November 2000, the Government of Sri Lanka informed the Special Rapporteur
about the incident at Bindunuwewa Rehabilitation Centre, Bandarawela. OEe Government stated
that the relevant law-enforcement authorities and the independent Human Rights Commission of
Sri Lanka had undertaken immediate investigations into this incident, and that the competent
authorities were taking action against those identiffied through these preliminary investigations.
On 6 December 2000, the Government transmitted complementary information concerning the
case. In its communication the Government reported that 13 police offcers who were close to
the Rehabilitation Centre during the attack, 2 voluntary army offcers who were in charge of the
Centre and 17 villagers had been detained pending further investigation. The 13 police off cers
had been suspended, pending investigations.
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368. On 13 December 2000, the Government of Sri Lanka informed the Special Rapporteur
about the alleged attack on the home for the aged at Kaithady, JaLna. The Government
authorities regretted the incident and had taken action to move the inmates and personnel to safer
areas.
369. On 13 December 2000, the Government of Sri Lanka informed the Special Rapporteur
about the alleged death threats to the life of Jayalath Jayawardena. According to the
Government, the Criminal Investigations Department had inquired into these allegations and had
not been able to pursue its investigations in the absence of speciffic information or evidence with
regard to the alleged threatening telephone calls to Mr. Jayawardena. OEe law-enforcement
authorities had conducted a further threat assessment concerning the personal security of
Mr. Jayawardena which indicated that there was no speciffic threat against him. OEe Government
stated that Mr. Jayawardena had been provided with security at State expense and he was able to
perform the normal functions of a member of Parliament.
Observations
370. OEe Special Rapporteur welcomes the replies transmitted by the Government of
Sri Lanka and encourages the Government to continue cooperating with the thematic
mechanism. OEe Special Rapporteur would like to express her deep concern over increasing
reports of actions allegedly carried out by members of the security forces in which a large
number of civilians have lost their lives.
Sudan
Communications sent
371. OEe Special Rapporteur transmitted an allegation of violation of the right to life
of 14 individuals who were reportedly killed on 8 February 2000. It was reported that
Roda Ismail, Kadro Ruza Dabiel, Munira Khamis, Randa Abualla, William Abualia,
Maima Tutu, Kaka Ali, Tabitha Hamdam, Francis Peter, Hamid Yousif, Hydar Osman,
Kubi Yousif, Bashir Ismail, Osman Rajab and Kuri Abdel Gadir were killed as a result of an air
strike allegedly carried out by the Sudanese air force in the Nuba Mountains. It is further
reported that in this incident a Catholic school was completely destroyed and the teacher and the
children who were attending class were killed.
372. It has been alleged that one unidentiffied woman and one unidentiffied girl were killed as
a result of an air strike allegedly carried out by the Sudanese air force in the town of Rumbek
on 2 July 2000.
Communications received
373. On 30 November 2000, the Government of the Sudan informed the Special Rapporteur
concerning allegations of extrajudicial, summary or arbitrary executions in the Sudan. The
Government stated that these allegations concerned an incident alleged to have taken place in a
rebel-controlled area, Rumbek; therefore, no information had been reported to the government
authorities. According to the information received from the authorities, no aerial bombardments
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were launched by the government forces in Rumbek on 2 July 2000. The Government is ready
to receive complaints, if any, from the relatives of the alleged victims and to pay compensation
( diiya ) as prescribed by the Sudanese Criminal Act if genuine cases have been proved.
Tajfiuistan
Urgent appeals
374. OEe Special Rapporteur sent an urgent appeal on 18 April 2000 concerning the case of
Dilfuza Numonova who was reportedly sentenced to death by Dushanbe City Court in
January for the shooting of her lover, Kamil Kurbanov, in 1999. Dilfuza Numonova stated that
her confession had been extracted under duress and that she did not kill Kamil Kurbanov. It was
also reported that she had been forced to have an abortion in late January while in prison. The
Special Rapporteur was informed that under Tajik law pregnant women may not be executed.
Ms. Numonova was reportedly beaten several times in pre-trial detention. According to the
source her health has deteriorated seriously.
Communications received
375. On 29 July 2000, the Government of Tajikistan informed the Special Rapporteur about
the case of Numonova Dilfuza, sentenced to death by the Dushanbe City Court for murder. OEe
Government stated that the Presidium of the Supreme Court of the Republic of Tajikistan has
commuted the death sentence to 15 years' imprisonment.
Tunisia
Communications
376. OEe Special Rapporteur transmitted one allegation of violation of the right to life on
behalf on Chaker Azzoui, who reportedly died as a result of torture and ill-treatment inflicted by
the police at a detention centre in Hammamet.
377. According to the information received, El Id Ben Salah was allegedly beaten for four
hours by his fellow inmates in Gafsa prison and died as a result of the ill-treatment inflicted on
him. OEe police reportedly did not intervene.
Communications received
378. OEe Government of Tunisia informed the Special Rapporteur about the case of
Mrs. Radhia Nasraoui, who, together with other persons, is involved in a case of unlawful
association, oLences against public order, the distribution of pamphlets designed to disturb
public order, the publication of false information and the holding of unlawful meetings, which
are characterized as ordinary oLences in Tunisian law and have no connection with her alleged
human rights activities. OEe Government reported that the proceedings against Mrs. Nasraoui
took place entirely in keeping with the provisions of the Tunisian Code of Criminal Procedure
which protect the rights of the defence.
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Turkey
Communications sent
379. OEe Special Rapporteur transmitted an allegation of violation of the right to life of a
person while in police custody. According to the information received, on 14 August 1993
Abdulvahap Timurtas, a Kurd from south-east Turkey, was taken into custody by security forces.
It was alleged that he has not been seen since. It is reported that the European Court of Human
Rights had established that the Turkish State and its agents were liable for the death of
Abdulvahap Timurtas and had failed to conduct an investigation into the allegations, in violation
of article 2 of the European Convention on Human Rights.
Communications received
380. On 5 January 2000, the Government of Turkey informed the Special Rapporteur that 11
of the 16 persons accused of attempting to murder Akin Birdal, the former President of the
Human Rights Association in Turkey, had been sentenced to terms of imprisonment ranging
from 10 years to 19 years and 2 months. Five of the accused had been acquitted.
United Arab Emirates
Urgent appeals
381. OEe Special Rapporteur transmitted an urgent appeal on 9 March 2000 jointly with the
Special Rapporteur on violence against women and the Special Rapporteur on the human rights
of migrants concerning the case of Karteen Karikender, aged 35, an Indonesian migrant worker
in the United Arab Emirates. According to information received, Ms. Karikender took ajob as a
domestic helper in the city of Fujairah in February 1998.
382. In 1999, she became pregnant and her employers accused her of adultery. She was
handed over to the local authorities and delivered her baby while in detention. In 2000 she was
summoned to face trial at the Syariah Fujairah Municipal Court, reportedly without any legal
assistance and unattended by a translator/interpreter during the proceedings. OEe court found her
guilty of adultery and sentenced her to death by stoning. OEe same court was said to have
recently sentenced a Cypriot man convicted of battering his wife to death with a rock to
four years in jail and 70 lashes. According to reports, the man responsible for the pregnancy was
an Indian citizen who had disappeared without a trace and whom the court acquitted in absentia.
The case was reportedly going to be appealed to a higher court in Fujairah. If her sentence is
upheld on appeal the case may be referred to the Federal Supreme Court in Abu Dhabi and
aifierwards to the President for ratiffication. The Indonesian Embassy to the United Arab
Emirates had reportedly not been notiffied about the trial and only became aware of the case
when the local media announced the death penalty nationwide. Article 36 of the Vienna
Convention on Consular Relations recognizes the right to communicate with and receive
assistance from one's own consular representatives. OEe alleged failure to inform the defendant
of this right may have deprived her of important assistance in the preparation of her defence.
The Special Rapporteurs expressed their concern at the fact that in 1997 six people, including
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one woman, were executed for murder. In 1998 one person, a Pakistani national, was executed
aifier having been convicted of murder and in 1999 two people, a Pakistani national and a
Sri Lankan national, were also executed for murder.
Communications received
383. OEe Government of the United Arab Emirates transmitted information on 14 April
and 8 May 2000 to the Special Rapporteur concerning the case of Karteen Karikender.
On 8 May 2000 the Government informed the Special Rapporteur that aifier Ms. Karikender's
lawyer lodged an appeal against the sentence passed on his client, the penalty of stoning had
been commuted to a term of one year's imprisonment and expulsion from the country aifier
serving the sentence. The Court of Appeal based its judgement, in which it set aside the legally
stipulated penalty of stoning for adultery, on the accused person's withdrawal of her confession
to the crime of adultery, made during the investigation and trial before the court of ffirst instance
and retracted before the Court of Appeal.
Observations
384. OEe Special Rapporteur welcomed the decision of the court to release
Karteen Karikender. On 10 May the Special Rapporteur was informed by the source that the
appeals court in the United Arab Emirates had commuted her death by stoning” sentence, and
that she had been reunited with her husband and two sons in Indonesia.
United States of America
Urgent appeals
385. OEe Special Rapporteur transmitted 11 urgent appeals concerning the following persons
who were sentenced to death.
386. OEe Special Rapporteur, jointly with the Special Rapporteur on violence against women,
transmitted an urgent appeal to the Government of the United States and a letter to the Governor
of Texas on behalf of Betty Lou Beets who was reportedly scheduled to be executed
on 24 February 2000. She had been sentenced to death in 1985 for the murder of her husband.
The Special Rapporteurs were told that at Ms. Beets's trial crucial mitigating evidence, including
her history of severe physical, sexual and emotional abuse from an early age, was never
presented to the jury. Despite the appeals Betty Lou Beets was executed in Texas on the
scheduled date.
387. On S May 2000 the Special Rapporteur sent an urgent appeal to the Government of the
United States on behalf of Mark Lankford, sentenced to death in Idaho on 16 October 1984.
Mark Henry Lankford and his brother Bryan were charged with the murders of two people
during a robbery in 1983. It was reported that Bryan Lankford, who was tried ffirst and convicted
in March 1984, agreed to testify against his brother. It had been brought to the
Special Rapporteur's attention that without Bryan Lankford's testimony, there was no evidence
that Mark had participated in killing the victims. It was also reported that the prosecutor
acknowledged that the case against Mark was weak without Bryan's testimony. According to
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the information received, Mark had always admitted that he assisted his brother aifier the killings,
but that he had no prior knowledge that Bryan was going to kill the victims and he had had
nothing to do with the murders. It is reported that Mark Lankford did not testify at his trial. He
did, however, testify at his sentencing when he denied having killed the two victims. It is also
reported that Bryan, who, at the beginning of the process, accused Mark of committing the
murders, later recanted and stated that he alone was responsible for the killings. In April 1999,
while waiting resentencing, Bryan again affrmed in a letter presented to his sentencing judge
that he alone was responsible for the killing. The Special Rapporteur is awaiting a reply from
the Government.
388. On 2 June 2000 the Special Rapporteur transmitted an urgent appeal to the Government
of the United States concerning the imminent execution in Alabama of Pernell Ford, who
reportedly had a long history of serious mental disturbance.
389. On 7 June the Special Rapporteur transmitted an urgent appeal on behalf of
Thomas Provenzano, who was scheduled to be executed in Florida on 20 June 2000. The
Special Rapporteur had sent an urgent appeal concerning the same case on 10 October 1999.
Thomas Provenzano was diagnosed with paranoid personality disorder and paranoid
schizophrenia.
390. On 13 June 2000 the Special Rapporteur transmitted an urgent appeal concerning
the case of Shaka Sankofa (Gary Graham) who was scheduled to be executed in Texas
on 22 June 2000. OEe Special Rapporteur had also sent an urgent appeal on 1 January 1999.
Mr. Sankofa was reportedly sentenced to death for a crime committed when he was 17 years of
age.
391. OEe Special Rapporteur transmitted an urgent appeal on 16 August 2000 concerning
the case of Alexander Edmund Williams who was scheduled to be executed in Georgia
on 24 August 2000. Alexander Edmund Williams was reportedly sentenced to death for a crime
committed when he was 17 years of age. He had remained on death row for 14 years, since his
conviction in August 1986. It was also reported that Alexander Edmund Williams suffered from
serious mental illness. According to the information received, his lawyer failed to present evidence
to that eLect at his trial. It had been brought to the attention of the Special Rapporteur that
Mr. Williams's lawyer reportedly failed to investigate his client's background. As a result, the
jury was unaware of the severe physical and mental abuse that Mr. Williams had been subjected
to as a child at the hands of various adults and the signs of mental illness he had displayed before
the crime.
392. On 12 September 2000 the Special Rapporteur transmitted an urgent appeal on behalf of
Derek Rocco Barnabei who was scheduled to be executed in Virginia on 14 September 2000. He
was sentenced to death in 1995 for the rape and murder of 17-year-old university student
Sarah Wisnosky in Norfolk, Virginia, in 1993. It is reported that material from Mr. Barnabei's
case ffile, including biological evidence, went missing on 30 August 2000. The evidence was
reportedly found on 1 September 2000 in the Norfolk Circuit Court off cc in a diLerent room
from where it had disappeared. OEere were concerns that this material may have been tampered
with and thereby compromised while it was missing.
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393. OEe Special Rapporteur transmitted an urgent appeal concerning the case of
Bobby Lee Ramdass, who was scheduled to be executed in Virginia on 10 October 2000. He
was sentenced to death in 1993 for the murder of Mohammed Kayani during the robbery of a
store in Fairfax County, Virginia, on 2 September 1992. He was previously convicted twice of
robbery at two trials in January 1992, for which he received prison terms. It was reported that at
his third trial, the prosecution used Mr. Ramdass's involvement in these and other crimes to
argue that he was a future danger to society and should be executed. The Special Rapporteur
was informed that under Virginia's then three-strikes law”, a person convicted of three separate
crimes of murder, rape or armed robbery became ineligible for parole. It was reported that
during the deliberations of the case in January 1993, the jury asked the judge whether
Mr. Ramdass would be eligible for parole at any time in the event he was sentenced to life
imprisonment. Reportedly, the judge did not answer the question, but advised the jurors to
decide the case according to the evidence they had. In this connection, the Special Rapporteur
noted that in 1994, the United States Supreme Court ruled, in Simmons v. South Carolina , that
where a defendant's future dangerousness is at issue and State law prohibits his release on
parole, due process requires that the sentencing jury be informed that the defendant is parole
ineligible. In 1998, a federal judge, citing Simmons v. South Carolina , ordered a new sentencing
hearing. On 23 November 1999, the Supreme Court stopped Mr. Ramdass's execution
three hours before it was due in order to examine his Simmons v. South Carolina claim.
On 12 June 2000, it upheld the sentence. Four of the nine justices dissented, describing as an
acute unfairness” the fact that the State had been allowed to use the second conviction to argue
Mr. Ramdass's future dangerousness while denying the defence the opportunity to argue that
conviction made him ineligible for parole. In view of all these considerations, the Special
Rapporteur was concerned that due process requirements may have been compromised in the
trial leading to Mr. Ramdass's death sentence.
394. OEe Special Rapporteur transmitted an urgent appeal on 12 October 2000 concerning the
case of Zolo Agona Azania, a black political activist and journalist who was scheduled to be
executed in Indiana on 25 October 2000. He was sentenced to death in 1981 for the murder of a
policeman in Gary, Indiana. It appears that a critical witness at his earlier trial perjured himself
at the behest of the prosecution and that black jurors were not allowed to sit on the jury.
395. OEe Special Rapporteur transmitted an urgent appeal on 6 November 2000 concerning
the case of Miguel Angel Flores, a Mexican national who was scheduled to be executed in Texas
on 9 November 2000. Mr. Flores was reportedly sentenced to death for the abduction, rape and
murder in 1989 of Angela Tyson. According to the information received, Mr. Flores was not
informed of his right to communicate with the Mexican consulate. It is further reported that the
Government of Mexico did not learn of his detention until one year aifier he was tried, convicted
and sentenced to death.
396. On 15 November 2000 the Special Rapporteur transmitted an urgent appeal
concerning the case of James Chambers who was scheduled to be executed in Missouri
on 15 November 2000. Mr. Chambers was reportedly sentenced to death for shooting a man to
death aifier a fight in 1982. It was reported that he was sentenced following his conviction in a
third trial and that the two previous trials had been declared unconstitutional. It was further
reported that James Chambers has low mental ability, a fact which was not presented to the jury
at the sentencing phase of the trial.
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Communications received
397. OEe Government replied to all of the Special Rapporteur's communications 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 received
were in response to cases concerning the following individuals: Christopher OEomas,
Steve Edward Roach and Glen McGinnis (10 January 2000), Betty Lou Beets
(23 February 2000), Joseph Stanley Faulder (14 March 2000), Charles Foster (23 May 2000),
Shaka Sankofa (Gary Graham) (19 June 2000), Thomas Provenzano (21 June 2000),
Pernell Ford (15 August 2000), Mark Henry Lankford (18 August 2000), Alexander Williams
(30 August 2000), Bobby Lee Ramdass (6 October 2000), Zolo Angona Azania
(24 October 2000) and Miguel Angel Flores (5 December 2000).
398. Concerning the execution of Christopher Thomas, Steve Edward Roach and
Glen McGinnis, who reportedly committed grave oLences when they were minors, the
Government transmitted to the Special Rapporteur a copy of a letter addressed to the Human
Rights Committee concerning this particular issue. The Government stated that the
United States has consistently taken the position that the execution ofjuvenile oLenders is not
inconsistent with international law.
399. In the case of Betty Lou Beets, the Special Rapporteur expressed her concern at the fact
that mitigating evidence of Betty Lou Beets's history of severe physical, sexual and emotional
abuse was not taken into account when she was convicted and sentenced for murder. OEe
Government informed the Special Rapporteur that even if she had had the opportunity to raise
the defence of OEattered women's syndrome” in mitigation of the charges against her, neither
Betty Lou Beets nor her lawyer chose to present evidence of past beatings at the trial. According
to the information provided by the Government, the Fiifih Circuit Court of Appeals stated that a
jury that had already determined that Betty Lou Beets murdered her husband in a calculated
eLort to proffit from his death would not have been sympathetic to the impression fostered by
mitigating evidence that Betty Lou Beets could not control herself'.
400. OEe Government reported that the United States Supreme Court on 25 January 1999
issued a decision that it would not review the case of Joseph Stanley Faulder and that the Texas
state authorities were then free to reschedule the execution, although Mr. Faulder could also
undertake additional eLorts to prevent it. Joseph Stanley Faulder was executed on 17 June 1999
aifier his ffinal eLorts to obtain judicial remedies and commutation of sentence were unsuccessful.
The Government reported that Mr. Faulder was not told, as he should have been, of his right to
request the assistance of a Canadian consular offcial. In addition, his name did not appear on a
list of Canadian prisoners provided to Canadian oLicials by the State of Texas. OEe Government
believed that the Canadian off cials would have oLered Mr. Faulder consular assistance if his
name had been on one of the lists. According to the Government, the rights to consular
notiffication are not individual rights and the failure of notiffication does not give rise to any legal
right to relief in a criminal proceeding. The Secretary of State had asked the Texas Board of
Pardon and Paroles to give careful consideration to the consular aspects of his case; however, the
Board decided against recommending clemency.
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401. OEe Government informed the Special Rapporteur about the issue of Charles Foster's
mental impairment, that he had had many opportunities during the judicial proceedings to raise
the issue and that he had indeed done so. The issue was ffirst addressed prior to the trial itself
when Mr. Foster was examined by professionals at Eastern State Hospital to determine whether
or not he was competent to stand trial. These professionals concluded that he was capable of
understanding the proceedings against him and that he had the ability to assist his attorney in his
defence. OEe issue of Mr. Foster's mental impairment was reviewed during his habeas corpus
petition to the United States District Court when he introduced an affdavit from a physician,
which stated that his IQ was 68 and that he could not have assisted his attorney in his defence.
The Oklahoma Pardon and Parole Board considered his appeal for clemency and expressed no
concern that he was so mentally impaired that he could not understand the proceedings against
him.
402. OEe Government reported that Shaka Sankofa was arrested on 20 May 1981, tried and
found guilty of the capital murder of Bobby Lambert at a parking lot in Houston, Texas. His
conviction was based on eyewitness testimony. According to the Government, Mr. Sankofa has
availed himself of his due process rights under both state and federal law. In 1993, pursuant to a
second request by Mr. Sankofa for a state writ of habeas corpus, Mr. Sankofa also presented an
affdavit from a former employee who was gathering shopping carts in the parking lot several
minutes before the shooting and had noticed the gunman standing just outside the store. In his
opinion, Shaka Sankofa was not the killer. However, the court ruled that the employee did not
witness the actual shooting and that his affdavit did not undermine the testimony and
identiffication made by the eyewitness. Concerning the fact that Shaka Sankofa was a juvenile
when he allegedly committed the crime, the Government stated that United States practice
regarding execution ofjuvenile oLenders is consistent with international law. The United States
has never undertaken a treaty obligation prohibiting capital punishment of persons who
committed oLences before they were 18 years of age. Indeed, the United States has consistently
made reservations to treaty provisions concerning capital punishment practice. Regarding the
recommendations contained in the Beijing Rules and the Safeguards guaranteeing protection of
the rights of those facing the death penalty, customary international law also does not prohibit
the execution of persons who were 16 or 17 at the time of the crime when they are judged
competent to be tried as adults. OEe Government noted that on 1 June 2000 Shaka Sankofa ffiled
a clemency/reprieve request with the Texas Board of Pardons and Paroles.
403. On the OEomas Provenzano case, the Government reported that Governor Bush of
Florida appointed a three-member commission of psychiatrists based on OEomas Provenzano's
claim that he was not competent to face execution. On the basis of their report, the Circuit Court
determined that Mr. Provenzano was competent to be executed. The Circuit Court's decision
was appealed to the Florida State Supreme Court which in May 2000 afffirmed the decision.
Although both the Circuit Court and the Florida State Supreme Court acknowledged that there
was evidence that Mr. Provenzano had mental health problems to some degree, both courts
agreed that he was aware of the punishment he was about to suLer and why he was about to
suLer it. Based on the decision by the Florida State Court, OEomas Provenzano's execution date
was set for 20 June 2000.
404. On the Pernell Ford case, the Government reported that the convicted man ffiled
on 30 May 2000 a motion to dismiss his habeas corpus petition, claiming that he wanted to be
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executed. Mr. Ford also dismissed his lawyer at that time. Given his history of mental illness,
the court would not agree to his request without a psychiatric evaluation. A psychiatrist
examined Mr. Ford on two occasions. According to the Government, the psychiatrist stated that
Pernell Ford was competent to dismiss his lawyer and his habeas corpus petition. OEe District
Court granted Mr. Ford's requests. In July 1999, the decision was reviewed by the Eleventh
Circuit Court of Appeals, which affrmed the decision of the lower court. On 2 June 2000
Pernell Ford was executed.
405. Concerning the case of Mark Henry Lankford, the Government informed the
Special Rapporteur that according to the Attorney-General of the State of Idaho,
Mark Henry Lankford had two appeals pending; the ffirst before the Ninth Circuit Court of
Appeals where the parties were awaiting the date for oral argument; and the second before the
Idaho Supreme Court on a successive post-conviction petition. Regarding the question of the
recantation of Mr. Lankford's brother, mentioned by the Special Rapporteur in her urgent appeal,
the Idaho Supreme Court concluded that the recantation would not have produced a different
verdict, as there was additional physical evidence of Mark Henry Lankford's culpability in the
murders.
406. According to the information received from the Government, Alexander Williams was
granted an indeffinite stay of execution on 22 August 2000 by the Georgia Supreme Court.
407. In the case of Bobby Lee Ramdass, it had been reported that due process may have been
compromised in the trial because the sentencing jury was not informed that Mr. Ramdass would
have been ineligible for parole. In its reply, the Government conffirmed that this was indeed the
case. However, the Government stated that the basis for the Supreme Court's decision was that
at the time of the sentencing, Mr. Ramdass was not yet parole eligible. Under Virginia law a
person convicted of three separate felony offences of murder, rape or armed robbery, not part of
a common act, is ineligible for parole. Further, under Virginia law, a conviction does not
become ffinal until the jury returns a verdict and, some time thereaifier, the judge enters a ffinal
judgement conviction. According to the Government, extending the law to cover situations
where a defendant might be parole ineligible is neither constitutionally required nor practically
workable. OEere was therefore no denial of due process in this case.
408. OEe Government reported that at the 1996 sentencing hearing of Zolo Agona Azania, a
witness told the court that his testimony at Mr. Azania's initial 1982 trial was false. OEe witness
stated that before he took the stand for the prosecution in that trial, he informed a police off cer
that he could not identify the defendant and that someone had advised him where the defendant
would be sitting in the courtroom. According to the Government, despite this admission the
evidence against Mr. Azania was still strong enough to result in a second sentence of death. At
the 1996 sentencing hearing the witness did not present any identiffication testimony and
therefore his identiffication of Zolo Agona Azania was not an issue. With regard to the charge
that no Blacks were allowed to sit on the jury, Mr. Azania had raised the issue in the federal
court proceedings. The trial judge held a hearing at which Mr. Azania was asked to show that
the disallowing of Blacks was likely to occur. Mr. Azania was unable to make such a showing,
but said that he had reason to believe that the State would do so. Mr. Azania in his ffirst appeal
raised the claim that the jury pool in the original trial included a disproportionately small number
of minority members. However, under Indiana law, this alone was insuffcient to show
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prejudice. According to the Government, to show reversible error it must be demonstrated that
under-representation is due to a systematic exclusion of the group from the jury selection
process.
409. On 5 December 2000 the Government of the United States transmitted a reply to the
Special Rapporteur on the case of Miguel Angel Flores. OEe Department of State noted that
despite the fact that Mexican consular authorities became aware of Miguel Angel Flores's case
in 1991, aifier he was sentenced the trial before the Texas Court of Criminal Appeals was
completed in 1993. The Department noted further that the questions about mitigating evidence,
competence of representation and competence of prosecution witnesses were all addressed in the
courts in the process of Mr. Flores's appeals. The Department understood that Mr. Flores had
speciffically prohibited his attorney from having his family members, many of whom lived in the
United States, testify on his behalf; that counsel for Mr. Flores not only cross-examined the
State's psychiatric witness but also presented his own expert to testify; and that Mr. Flores spoke
English and had lived in the United States since he was three or four years old. OEe Department
informed the Special Rapporteur that it had seen no evidence that Mexican consular assistance
would have aLected the proceedings given the above-mentioned facts. OEe Government stated
that the United States takes seriously its obligations to advise foreign nationals of their right
under the Vienna Convention on Consular Relations. The Department of State regretted this
failure and apologized to the Government of Mexico.
Uzbekistan
Urgent appeals
410. On 30 June 2000, The Special Rapporteur sent an urgent action jointly with the
Special Rapporteur on torture concerning the case of Dmitry Chikunov who was convicted of the
premeditated murder of two men and sentenced to death on 11 November 1999 by the Tashkent
Regional Court. OEe Supreme Court of Uzbekistan reportedly turned down his appeal against
his death sentence on 24 January 2000. It is alleged that while Mr. Chikunov was in pre-trial
detention, law enforcement agents tortured him during interrogation and threatened to rape his
mother unless he confessed to the crime he was accused of
411. On 12 July 2000, the Special Rapporteur, jointly with the Special Rapporteur on
torture, sent an urgent action to the Government of Uzbekistan concerning Oybek Ruzmetov,
a 35-year-old man, his 30-year-old brother, Uygun Ruzmetov, Sardor Allayarov, a 28-year-old
man, and Utkir Yusupov, a 26-year-old man, who reportedly were facing imminent execution
aifier the Supreme Court rejected appeals against their death sentences. Oybek and
Uygun Ruzmetov were arrested in December 1998 aifier police searched their house, in the town
of Urgench in western Uzbekistan, and allegedly planted cartridges in Oybek Ruzmetov's room.
He was later accused of being the head of an illegal group. OEe two brothers were said to
have been held at the Urgench National Security Services, where a confession was said to have
been extracted from them under torture. In February 1999, the police were said to have
arrested the men's parents, forced them to undress down to their underwear and show
themselves in handcuLs to their sons. OEe police are further said to have threatened to rape
Uygun Ruzmetov's wife unless they confessed. The four above-mentioned persons and
Shikhnozor Yakubov, a 25-year-old man, were convicted of planning to blow up a water
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page 89
reservoir, attempting to overthrow the constitutional order to set up an Islamic State, organizing
illegal armed groups, premeditated aggravated murder, and robbery and sentenced to death by
the Tashkent Regional Court in July 1999. Shikhnozor Yakubov reportedly died as a result of
beatings in prison in October 1999.
412. On 8 August 2000, the Special Rapporteur sent an urgent action jointly with the
Special Rapporteur on torture concerning the case of Rafael Mubarakshin, a student at Tashkent
Aviation Institute, who was convicted of the premeditated murder of another student and
sentenced to death in December 1999 by the Tashkent Regional Court. The Supreme Court
reportedly rejected his appeal on 14 February. According to the information his lawyer was not
present when the Supreme Court rejected his appeal, allegedly because he had not been told
when the hearing would take place. It is alleged that while Rafael Mubarakshin was in pre-trial
detention at Khamzinsky police station in Tashkent, law enforcement agents ill-treated him
during interrogation. He reportedly confessed to the murder.
413. On 16 August 2000, the Special Rapporteur sent an urgent actionjointly with the
Special Rapporteur on torture concerning the case of Marat Rakhmanov, Andrey Zolotykh,
Semyon Kimalov and Ruslan Gudimovich who were sentenced to death following separate
criminal trials for premeditated aggravated murder by Samarkand Regional Court. OEeir appeals
to the Supreme Court had reportedly been rejected. It was further reported that they could be
executed at anytime. It was also alleged that Marak Rakbmanov had confessed to the murder
only after he was tortured while in police custody. Furthermore, on 17 August 1999, whilst he
was detained at Samarkand police station No. 6 awaiting the start of his trial, it is alleged he was
severely beaten by police offcers. According to the information received there had been no
investigation by the authorities into these allegations.
414. On 24 August 2000 the Special Rapporteur transmitted another urgent appeal jointly with
the Special Rapporteur on torture concerning the cases of Oybek Ruzmetov, Uygun Ruzmetov,
Sardor Allayarov and Utkir Yusupov, referred to above. Renewed fears had been expressed that
the accused could be at risk of torture or other forms of ill-treatment and summary, arbitrary or
extrajudicial execution.
Communications sent
415. OEe Special Rapporteur transmitted the following allegations to the Government of
Uzbekistan concerning alleged violations of the right to life.
416. It is reported that Rustam Norbaev reportedly died on 18 March 2000, as a result of
torture while he was being detained in Milita district, Yakkagaba department, Kashkadarya
province. Rustam Norbaev was reportedly arrested on 13 March 2000. It is alleged that the
body had numerous signs of torture.
417. It is alleged that Memat Karimov Mametjitovich died while in detention in Navoi
on 23 March 2000. It is reported that he had been arrested on suspicion of participating in
alleged terrorist acts on 16 February in Tashkent and sentenced to 20 years of imprisonment with
confiscation of possessions. According to the information received, his family was informed
about his death by telegram. OEe relatives were reportedly permitted to recover the body of the
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page 90
victim, which was kept in the morgue near the detention camp. According to the source, the
body displayed injuries suggesting that the victim had been tortured before he died. It is reported
that his face was severely disffigured.
Communications received
418. On 24 August 2000, the Government of Uzbekistan informed the Special Rapporteur that
every Uzbek citizen is guaranteed judicial protection of his or her rights and freedoms and the
right to appeal to the courts against unlawful actions by the authorities and offcials. The
Government pointed out that the judiciary in Uzbekistan operates independently of the
legislative and executive branches and that the Uzbek law enforcement agencies operate within
the framework of the Constitution of the Republic of Uzbekistan and in accordance with national
law.
Venezuela
Urgent appeals
419. OEe Special Rapporteur sent an urgent appeal on 27 January 2000 concerning death
threats allegedly received by Solmari Madera from a police off cer who reportedly searched her
house and took money he found during his search of the premises.
420. OEe Special Rapporteur sent an urgent appeal on 21 March 2000 concerning death threats
allegedly received by Eduardo Sojo Diaz, 16 years of age, and his mother. It was reported that
they were told that if they testiffied against the murderers of Eduardo's brother, they would be
killed. According to the source, Eduardo's brother was allegedly killed by a member of the
municipal police of Sucre State.
Communications sent
421. According to the information received, Jrwich Anderson Ramirez and
Antonio Reyes were allegedly murdered in the neighbourhood of San Miguel, Caracas,
on 16 September 1999, apparently by members of the Guardia Nacional. It is reported that
members of the Guardia Nacional allegedly went to the homes of Irwich Anderson Ramirez and
Antonio Reyes to investigate the death of Urwich Leonett, which, according to the source, had
occurred a few days before. OEe National Police off cers then allegedly proceeded to execute
Irwich Anderson Ramirez and Antonio Reyes in the presence, according to the report, of the wife
of Jrwich Anderson Ramirez.
Communications received
422. In a letter of 28 September 2000, the Government of Venezuela reported to the
Special Rapporteur on the case of Hirwich Ramirez Cisneros and Marcelo Reyes Montilla. OEe
Government informed the Special Rapporteur that, on the basis of the autopsy, it was determined
that the cause of the death of Hirwich Ramirez Cisneros was a gunshot wound to the chest and
that, in the case of Marcelo Reyes Montilla, death was the result of internal bleeding caused by a
gunshot wound to the chest and abdomen. OEe Government also reports that the facts in the case
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page 91
are being investigated by the First Prosecutor's Offfice in the Off cc of the Attorney-General of
the Caracas metropolitan area and by the Homicide Division of the Judicial Police Technical
Unit, with two persons (whom the Government identiffies in its reply) having been accused of
aggravated homicide and the unlawful use of a weapon.
Yemen
Urgent appeals
423. On 14 June 2000, the Special Rapporteur sent an urgent appeal concerning the case of
Abdullah Mohammad Ahmad Shayban, who was convicted of murder and sentenced to death
in 1997. It was reported that Abdullah Mohammad Ahmad Shayban appealed on the grounds
that he had acted in self-defence, and the appeal court reduced his sentence to ffive years'
imprisonment. However, the Supreme Court later overturned the appeal court's verdict and
upheld the death penalty. It had been reported that following the decision of the Supreme Court,
Abdullah Mohammad Ahmad Shayban could be at risk of imminent execution. In view of
the fact that the two courts reached diLerent verdicts based on the same evidence, the
Special Rapporteur appealed to the Government of Yemen to order a stay of execution and to
ensure that his case was thoroughly reviewed.
424. On 12 July 2000, the Special Rapporteur sent an urgent appeal concerning the case of
Mohamed Omar Haji, a refugee from Somalia who was sentenced to death on 5 July 2000 by a
court in Aden for having converted from Islam to Christianity. He was reportedly given
till 12 July 2000 to recant and declare that he would return to Islam. OEere were also reports
indicating that Mr. Haji was severely ill-treated and threatened by the police during interrogation
at the al-Tawahi police station in Aden.
Communications received
425. On 14 November 2000, the Government of Yemen informed the Special Rapporteur
about the case of Mohamed Omar Haji, a Somali refugee who converted to Christianity. The
Government pointed out that this act constitutes an oLence under Yemeni law and legislation.
Accordingly, the said person was arrested and referred for trial on charges of apostasy, but the
Government decided instead to expel him from the territory of Yemen, a decision which was put
into eLect on 25 August 2000.
Yugoslavia
Communications
426. By letter dated on 2 August 2000 the Special Rapporteur requested the Government of
the Federal Republic of Yugoslavia to extend her an invitation to visit the country. OEe
Special Rapporteur informed the Government that the purpose of the visit would be to discuss
issues falling under her mandate in connection with the situation in the province of Kosovo, with
the aim of reaching an independent assessment of the reports and allegations received.
E/CN. 4/2001/9/Add. 1
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Communications received
427. On 17 August 2000 the Government of the Federal Republic of Yugoslavia extended an
invitation to the Special Rapporteur to visit the country. OEe Special Rapporteur is in contact
with the Government to determine the dates for the visit.
Zambia
Communications received
428. On 12 May 2000, the Government transmitted information to the Special Rapporteur in
response to an allegation sent by the Special Rapporteur in 1999 concerning the case of
Kosamu Ngome. OEe Government reported that Kosamu Ngome was regrettably shot in
self-defence whilst he was firing at police offcers.
429. On 15 May 2000, the Government informed the Special Rapporteur about the Soweto
market incident and the Limalunga village incident. With regard to the former, the Government
stated that the crowd was dispersed by a police battalion, not armed paramilitary police off cers.
The Government explained that a battalion consists of 30 police offcers armed only with long
batons and tear gas canisters. OEere were no deaths reported. When the tear gas was used there
was a stampede, in which Jane Mwamba was caught. The Government pointed out that the
police offcers were lawfully quelling a riot, as it is their mandate to preserve life, protect
property and maintain law and order.
430. Concerning the Limalunga village incident, the Government reported that in the case of
Kaluminiana Muyangwa Libuku, the police were exercising the internationally recognized
principle of hot pursuit” and in the process of apprehending him Mr. Libuku was shot in the
stomach and died because of the poor medical facilities at the village. OEe Government
conceded that one of the off cers was careless in his use of a ffirearm. This person (identiffied by
the Government in its response) had since been arrested, convicted of manslaughter and
dismissed from the police service.
431. In the case of Josias Jmasiku Mushala, the Government reported that he was a suspect in
a burglary. His arm was dislocated whilst he was running away from lawful custody. OEe
Government stressed that no batons or rifle butts were used in his apprehension.
432. With respect to Masiye Lowendo and Sisheho Sinaali, the Government reported that they
were kept in police cells for 24 hours and then immediately transferred to Mongu remand prison.
433. In the case of Evans Kapaso, the Government pointed out that the offcers concerned
were immediately charged with gross discreditable conduct, were detained and tried by the
Police Tribunal and convicted.
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Zimbabwe
Urgent appeals
434. On 27 April 2000, the Special Rapporteur transmitted an urgent appeal drawing the
attention of the Government of Zimbabwe to serious concerns over the safety of opposition
activists and supporters who had been intimidated and attacked in rural areas, allegedly by
so-called war veterans” and other supporters of the ruling party, the Zimbabwe African National
Union-Patriotic Front (ZANU-PF), since February 2000. OEe Special Rapporteur also expressed
her concern over continuing reports of attacks by former independence ffighters and other
supporters of ZANU-PF against commercial farmers and their employees. At least nine persons
had reportedly been killed since the beginning of the hostilities. It was further reported that
senior police oLicers had refused to comply with the High Court rulings of 17 March
and 13 April that the war veterans” and squatters” should leave the farms they were occupying.
There were reports that police had failed to intervene to prevent abuses or apprehend culprits at
the scene. The Special Rapporteur urged the Government to ensure that the rule of law was
upheld, in order not to encourage perpetrators to believe that they could commit human rights
abuses with impunity. The Special Rapporteur also called on the Government to take immediate
and eLective measures to protect persons at risk from further violence and abuses.
Communications received
435. On 22 May 2000, the Government informed the Special Rapporteur about the occupation
of farms by Zimbabwe's war veterans. OEe Government stated that the farm occupations” are
in fact demonstrations on farms by the war veterans and did not target White-owned properties
only. There had been no deliberate policy by the Government encouraging the demonstrations
on the farms. OEe President of Zimbabwe called on both the war veterans and the farmers to
desist from violence and from provoking each other in the course of the demonstrations. OEe
Government stated that all incidents were investigated by the police.
B. Other
Palestinian Authority
Urgent appeal
436. On 5 July 2000, the Special Rapporteur transmitted an urgent appeal to the Palestinian
Authority concerning the case of Raj i Saqir who had been sentenced to death for the murder of
Ahlam Duqmaq on 3 July 2000. It was alleged that the proceedings before the State Security
Court did not conform to international fair trial standards. The defendant was reportedly not
given suffcient time to prepare his defence. It further appeared that he would not be entitled to
appeal the verdict to a higher court. In view of these allegations, the Special Rapporteur urged
the Palestinian Authority to order a stay of execution so that Raji Saqir's case could be
thoroughly reviewed.
E/CN. 4/2001/9/Add. 1
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Communications sent
437. OEe Special Rapporteur transmitted an allegation of violation of right to life on behalf of
Khaled Mohamed Younis Al-Bahar, who was arrested on 25 May 2000 by the Preventive
Security Service. It was reported that on 6 July 2000 Khaled Mohamed Younis Al-Bahar died at
Dhaheria prison while in the custody of the Palestinian police. It was also alleged that the
charges against him were unknown to the family and that no visitors were allowed to see him at
any time.
