Site icon Iran Human Rights Documentation Center

Report of the Special Rapporteur on the independence of judges and lawyers, Mr. Param Cumaraswamy

          
          UNITED
          NATIONS
          Distr.
          Economic and Social GENERAL
          Council
          E/CN.4/1998/39
          12 February 1998
          Original: ENGLISH
          COMMISSION ON HUMP N RIGHTS
          Fifty—fourth session
          Item 8 of the provisional agenda
          QUESTION OF THE HUMP N RIGHTS OF ALL PERSONS SUBJECTED TO
          ANY FORM OF DETENTION OR IMPRISONMENT
          Report of the Special Rapporteur on the independence of
          judges and lawyers, Mr. Param Cumaraswamy
          E
          GE.98—10499 (E)
        
          
          CONTENTS
          ParaQra hs PaQe
          I. THEMANDATE 1- 6 4
          II. METHODS OF WORK
          C. Communications with Governments
          D. Cooperation with intergovernmental and
          non—governmental organizations . .
          F. Promotional activities . . . . 27
          7 7
          IV. ESTABLISHMENT OF AN INTERNATIONAL CRIMINAL COURT . 28 - 30 11
          V. COUNTRY SITUATIONS 31 - 178
          A. Introduction . . 31 - 32 11
          B. Situations in specific countries or
          territories
          Bahrain
          Bangladesh
          Belarus
          Bolivia
          Brazil
          Cambodia
          Colombia
          Croatia
          Cuba .
          Egypt .
          France
          Georgia
          India .
          Indonesia
          Iran (Islamic
          Kenya .
          Lebanon
          Malaysia
          Mexico
          Nigeria
          Pakistan
          33 12
          33—34
          35—37
          38—39
          40— 41
          42— 44
          45— 48
          49— 55
          56— 57
          58— 64
          65— 67
          68— 69
          70— 73
          74— 85
          86— 95
          96— 98
          99 — 103
          104 — 105
          106 — 116
          117 — 119
          120
          121 — 131
          E/CN. 4/1998/39
          page 2
          III. ACTIVITIES OF THE SPECIAL RAPPORTEUR 8 - 27 7
          A. Consultations 9 — 12 7
          B. Missions/visits 13 - 14
          E. Other United Nations procedures and bodies
          8
          15— 19 8
          20—21 9
          22—26 9
          10
          11
          Republ
          i
          12
          13
          14
          14
          15
          15
          16
          18
          18
          20
          21
          21
          22
          24
          31
          32
          33
          34
          36
          36
          37
        
          
          E/CN.4/1998/39
          page 3
          CONTENTS ( continued)
          ParaQra hs PaQe
          Papua New Guinea
          Peru
          Philippines .
          Rwanda
          South Africa
          Spain
          Switzerland .
          Tunisia
          Turkey
          Venezuela . .
          Yugoslavia .
          132 — 133 39
          134 — 142 39
          143 — 148 42
          149 — 152 43
          153 — 156 44
          157 — 159 45
          160 — 163 46
          164 — 167 47
          168 — 174 48
          175 — 176 50
          177 — 178 51
          179 — 189 51
          179 — 184 51
          V. CONCLUSIONS AND RECOMMENDATIONS
          A. Conclusions
          B. Recorimendations
          185 — 188
          52
        
          
          E/CN. 4/1998/39
          page 4
          I. THE MANDATE
          Introduction
          1. The present report is submitted pursuant to Commission on Human Rights
          resolution 1997/23 of 11 April 1997. This report is the fourth annual report
          to the Corimission on Human Rights by Mr. Param Cumaraswamy since the mandate
          was established by the Commission in its resolution 1994/41 of 4 March 1994,
          renewed by resolution 1997/23 and endorsed by the Economic and Social Council
          in its decision 1997/246 of 22 July 1997 (see also E/CN.4/1995/39,
          E/CN.4/1996/57 and E/CN.4/1997/32).
          2. Chapter I of the present report contains the terms of reference for the
          discharge of the mandate. Chapter II refers to the methods of work applied by
          the Special Rapporteur in the discharge of the mandate. In chapter III, the
          Special Rapporteur presents an account of the activities undertaken within the
          framework of his mandate in the past year. Chapter IV deals with the
          establishment of an international criminal court. Chapter V contains brief
          summaries of urgent appeals and communications to and from the Governments,
          along with the observations of the Special Rapporteur.
          Terms of reference
          3. At its fiftieth session, the Commission on Human Rights, in
          resolution 1994/41, noting both the increasing frequency of attacks on the
          independence of judges, lawyers and court officials and the link which exists
          between the weakening of safeguards for the judiciary and lawyers and the
          gravity and frequency of violations of human rights, requested the Chairman of
          the Corimission to appoint, for a period of three years, a special rapporteur
          whose mandate would consist of the following tasks:
          (a) To inquire into any substantial allegations transmitted to him
          and report his or her conclusions thereon;
          (b) To identify and record not only attacks on the independence of the
          judiciary, lawyers and court officials but also progress achieved in
          protecting and enhancing their independence, and make recommendations
          including the provision of advisory services or technical assistance when they
          are requested by the State concerned;
          (c) To study, for the purpose of making proposals, important and
          topical questions of principle with a view to protecting and enhancing the
          independence of the judiciary and lawyers.
          4. Without substantially changing the mandate, the Commission endorsed in
          resolution 1995/36 the decision of the Special Rapporteur to use, beginning
          in 1995, the short title “Special Rapporteur on the independence of judges and
          lawyers”.
          5. In resolutions 1995/36, 1996/34 and 1997/23, the Corimission on Human
          Rights took note of the annual report of the Special Rapporteur, expressing
        
          
          E/CN.4/1998/39
          page 5
          appreciation for his working methods, and requested him to submit another
          annual report on the activities relating to his mandate to the Commission on
          Human Rights.
          6. Several resolutions adopted by the Commission on Human Rights at its
          fifty—third session are also pertinent to the mandate of the Special
          Rapporteur and have been taken into consideration in examining and analysing
          the information brought to his attention with regard to the different
          countries. These resolutions are:
          (a) Resolution 1997/16 on the rights of persons belonging to national
          or ethnic, religious and linguistic minorities, in which the Corimission called
          upon all special representatives, special rapporteurs and working groups of
          the Corimission to continue to give attention, within their respective
          mandates, to situations involving minorities;
          (b) Resolution 1997/27 on the promotion of the right to freedom of
          opinion and expression, in which the Corimission invited once again the working
          groups, representatives and special rapporteurs of the Corimission on Human
          Rights to pay attention, within the framework of their mandates, to the
          situation of persons detained, subjected to violence, ill—treated or
          discriminated against for having exercised the right to freedom of opinion and
          expression as affirmed in the Universal Declaration of Human Rights, the
          International Covenant on Civil and Political Rights and other relevant human
          rights instruments; and invited the working groups, representatives and
          special rapporteurs of the Commission, within their mandates, to take note of
          any deterioration in the right to freedom of expression;
          (c) Resolution 1997/28 on hostage—taking, in which the Commission
          urged all thematic special rapporteurs and working groups to address, as
          appropriate, the consequences of hostage—taking in their forthcoming reports
          to the Corimission;
          (d) Resolution 1997/37 on human rights and thematic procedures, in
          which the Corimission invited the thematic special rapporteurs and working
          groups to: (i) make recommendations for the avoidance of human rights
          violations; (ii) follow closely the progress made by Governments in their
          investigations carried out within their respective mandates; (iii) continue
          close cooperation with relevant treaty bodies and country rapporteurs;
          (iv) include in their reports information provided by Governments on follow—up
          action, as well as their own observations thereon, including in regard to both
          problems and improvements, as appropriate; (v) include regularly in their
          reports gender—disaggregated data and to address the characteristics and
          practice of human rights violations under their mandates that are specifically
          or primarily directed against women, or to which women are particularly
          vulnerable, in order to ensure the effective protection of their human rights;
          requested the thematic special rapporteurs and working groups to include in
          their reports comments on problems of responsiveness and the result of
          analyses, as appropriate, in order to carry out their mandates even more
          effectively, and to include also in their reports suggestions as to areas
          where Governments might request relevant assistance through the programme of
          advisory services administered by the Office of the High Commissioner for
          Human Rights; and suggested that the special rapporteurs, representatives,
        
          
          E/CN. 4/1998/39
          page 6
          experts and chairpersons of working groups of the special procedures of the
          Commission on Human Rights consider how those mechanisms could make available
          information on the particular situation of individuals working for the
          promotion and protection of all human rights and fundamental freedoms and how
          their protection could be enhanced, taking into account the ongoing
          deliberations of the relevant working group of the Commission;
          (e) Resolution 1997/42 on human rights and terrorism, in which the
          Commission urged all thematic special rapporteurs and working groups to
          address, as appropriate, the consequences of the acts, methods and practices
          of terrorist groups, in their forthcoming reports to the Commission;
          (f) Resolution 1997/43 on integrating human rights of women throughout
          the United Nations system, in which the Corimission encouraged the
          strengthening of cooperation and coordination among all human rights treaty
          bodies, special rapporteurs, special procedures and other human rights
          mechanisms of the Commission and the Sub—Commission on Prevention of
          Discrimination and Protection of Minorities, and requested that they regularly
          and systematically take a gender perspective into account in the
          implementation of their mandates, including information and qualitative
          analysis in their reports on violations of the human rights of women;
          (g) Resolution 1997/46 on advisory services, technical cooperation and
          the Voluntary Fund for Technical Cooperation in the Field of Human Rights, in
          which the Corimission invited relevant United Nations treaty bodies, special
          rapporteurs and representatives, as well as working groups, to continue to
          include in their recorimendations, whenever appropriate, proposals for specific
          projects to be realized under the programme of advisory services and technical
          cooperation in the field of human rights;
          (h) Resolution 1997/62 on human rights in Cuba, in which the
          Commission invited the Special Rapporteur on the situation of human rights in
          Cuba and the existing thematic mechanisms of the Corimission to cooperate fully
          and exchange information and findings on that situation;
          (i) Resolution 1997/69 on comprehensive implementation of and
          follow—up to the Vienna Declaration and Programme of Action, in which the
          Commission called upon all special representatives, special rapporteurs,
          independent experts and thematic working groups of the Corimission to take
          fully into account the recorimendations contained in the Vienna Declaration and
          Prograrime of Action within their respective mandates;
          (j) Resolution 1997/75 on human rights and mass exoduses, in which the
          Commission invited the special rapporteurs, special representatives and
          working groups of the Corimission and the United Nations human rights treaty
          bodies, acting within their mandates, to seek information, where appropriate,
          on problems resulting in mass exoduses of populations or impeding their
          voluntary return home and, where appropriate, to include such information,
          together with recorimendations thereon, in their reports, and to bring such
          information to the attention of the High Commissioner for Human Rights for
          appropriate action in fulfilment of her mandate, in consultation with the
          United Nations High Commissioner for Refugees;
        
          
          E/CN.4/1998/39
          page 7
          (k) Resolution 1997/78 on the rights of the child, in which the
          Commission, recommending that, within their mandates, all relevant human
          rights mechanisms and all other relevant organs and mechanisms of the
          United Nations system and the supervisory bodies of the specialized agencies
          pay attention to particular situations in which children are in danger and
          where their rights are violated and that they take into account the work of
          the Corimittee on the Rights of the Child, took various decisions with respect
          to the situation of children in various circumstances of difficulty.
          II. METHODS OF WORK
          7. The Special Rapporteur, in the fourth year of his mandate, continued
          following the methods of work described in the first report of his tenure
          (E/CN.4/1995/39, paras. 63-93).
          III. ACTIVITIES OF THE SPECIAL RAPPORTEUR
          8. The following sections give an account of the activities carried out by
          the Special Rapporteur in the implementation of the mandate entrusted to him
          by the Corimission on Human Rights.
          A. Consultations
          9. The Special Rapporteur visited Geneva for his first round of
          consultations from 1 to 8 February 1997 in order to finalize his reports to
          the Corimission. He held consultations with representatives of the Permanent
          Missions of Belgium, China, India and Nigeria.
          10. He visited Geneva for his second round of consultations from 24 March
          to 8 April 1997 in order to present his report to the Commission at its
          fifty-third session. During this period the Special Rapporteur met with
          representatives of the Latin American Group, the Western Group and the Asian
          Group and other regional groups to brief them on his work as Special
          Rapporteur and to answer any questions they might have. He also held
          consultations with representatives of the Government of Nigeria. In addition,
          he held a briefing for interested non—governmental organizations and also met
          individually with several non—governmental organizations.
          11. The Special Rapporteur visited Geneva for his third round of
          consultations from 20 to 23 May 1997 and to attend the fourth meeting of
          special rapporteurs/representatives, experts and chairmen of working groups of
          the special procedures of the Commission on Human Rights and of the advisory
          services programme, which was held from 20 to 23 May.
          12. In conjunction with his missions to Belgium and the United Kingdom, the
          Special Rapporteur stopped over in Geneva from 31 October to 7 November 1997
          for consultations. Again, in conjunction with his visit to New York, the
          Special Rapporteur stopped in Geneva from 22 to 29 November 1997 for further
          consultations.
        
          
          E/CN. 4/1998/39
          page 8
          B. Missions/visits
          13. During 1997, the Speoial Rapporteur undertook a field mission to
          Belgium (14 to 18 October 1997) followed by a mission to the United Kingdom
          (20 to 30 October 1997) . The Special Rapporteur's reports on these missions
          containing his findings, conclusions and recommendations can be found in
          addenda to the present report.
          14. During the period under review the Special Rapporteur informed the
          Governments of Indonesia and Tunisia of his wish to carry out an in situ
          investigation. He reminded the Governments of Pakistan and Turkey of his
          previous requests to undertake a mission to those countries.
          C. Communications with Governments
          15. During the period under review, the Special Rapporteur transmitted
          18 urgent appeals to the following 12 States: Bangladesh, ColorcJiia, Egypt,
          India, Mexico, Pakistan (4) , Peru, Philippines (2) , Tunisia, Turkey (3),
          Venezuela and Yugoslavia.
          16. Seeking to avoid unnecessary duplication of the activities of other
          thematic rapporteurs and country—specific rapporteurs, the Special Rapporteur
          has joined during the past year with other special rapporteurs and working
          groups to transmit seven urgent appeals on behalf of individuals to the
          Governments of the seven following countries: Bolivia, together with the
          Special Rapporteur on extrajudicial, summary or arbitrary executions on
          6 March 1997; Brazil, jointly with the Special Rapporteur on extrajudicial,
          summary or arbitrary executions on 20 June 1997; Colombia, together with the
          Special Rapporteur on extrajudicial, summary or arbitrary executions on
          17 July 1997; India, jointly with the Special Rapporteur on extrajudicial,
          summary or arbitrary executions on 13 June 1997; the Islamic Republic of Iran,
          together with the Special Representative on the situation of human rights in
          Iran, the Special Rapporteur on the promotion and protection of the right to
          freedom of opinion and expression and the Special Rapporteur on extrajudicial,
          summary or arbitrary executions on 2 July 1997; the Philippines, together with
          the Working Group on Enforced or Involuntary Disappearances; and Rwanda,
          jointly with the Special Rapporteur on torture, the Special Rapporteur on the
          situation of human rights in Rwanda and the Special Rapporteur on
          extrajudicial, summary or arbitrary executions on 23 January 1997.
          17. The Special Rapporteur transmitted 26 communications to the
          following 18 Governments: Bahrain, Brazil, ColorcJiia, Croatia, France,
          Georgia, India (4) , Indonesia (2) , Kenya (2) , Lebanon, Malaysia (2),
          Mexico, Pakistan, Papua New Guinea, Philippines (2) , Rwanda, Spain and
          United Kingdom (2)
          18. The Special Rapporteur has also joined with other special rapporteurs to
          transmit three communications to the Governments of the following three
          countries: Switzerland, together with the Special Rapporteur on torture
          on 13 June 1996; Tunisia, together with the Special Rapporteur on the
          promotion and protection of the right to freedom of opinion and expression
        
          
          E/CN.4/1998/39
          page 9
          on 4 Decer er 1997; Turkey, together with the Special Rapporteur on the
          promotion and protection of the right to freedom of opinion and expression
          on 7 October 1997.
          19. The Special Rapporteur received replies to urgent appeals from the
          Governments of the following eight countries: Bangladesh, Belarus, Egypt,
          India, Pakistan, Peru (6), Tunisia and Turkey. Replies to joint urgent
          appeals were received from the Governments of India and the Islamic Republic
          of Iran. Replies to communications were received from the Governments of the
          following 12 countries: Colombia (4), Croatia, Cuba, Georgia (1), India (5),
          Indonesia, Kenya, Malaysia, Mexico, Philippines, Spain and United Kingdom (2)
          Replies to joint communications were received from the Governments of
          Switzerland (2) and Turkey. Other communications were received from the
          Governments of Bahrain and Peru (2)
          D. Cooperation with interQovernmental and
          non—Qovernmental orQanizations
          20. The Special Rapporteur continued his dialogue with intergovernmental and
          non—governmental organizations in the implementation of his mandate. The
          Special Rapporteur thanks these organizations for their cooperation and
          assistance during the year.
          21. In its previous correspondence with the Special Rapporteur, the
          World Bank addressed its concern at the incidence of corruption in the
          judiciary, particularly in developing countries. Of late, the Special
          Rapporteur has been receiving information of a general nature of such
          corruption in some countries. The Special Rapporteur will liaise with the
          World Bank on this issue to consider the feasibility of drawing up a programme
          of cooperation in this area.
          E. Other United Nations procedures and bodies
          1. Cooperation with special ra Dorteurs and workinQ
          rou s of the Corimission on Human RiQhts
          22. The Special Rapporteur continued to work closely with the mandate of
          other special rapporteurs and working groups. As previously indicated, the
          Special Rapporteur, in order to avoid duplications, where appropriate has
          joined in interventions with other special rapporteurs and working groups.
          The Special Rapporteur has also sought a joint mission to Tunisia with the
          Special Rapporteur on the promotion and protection of the right to freedom of
          opinion and expression. The Special Rapporteur continued to make reference to
          reports of other special rapporteurs and working groups on issues relevant to
          his mandate.
          2. Cooperation with the Crime Prevention and
          Criminal Justice Division
          23. In his third report (E/CN.4/1997/32, paras. 26-29), the Special
          Rapporteur referred to the importance of the work done by the Crime Prevention
        
          
          E/CN. 4/1998/39
          page 10
          and Criminal Justice Division in overseeing the implementation of the Basic
          Principles on the Independence of the Judiciary and the need for the Special
          Rapporteur to work closely with that Division.
          24. The Special Rapporteur could not attend the Sixth Session of the
          Commission on Crime Prevention and Criminal Justice in Vienna, which was held
          from 28 April to 9 May 1997. However, he was informed by the Centre for
          International Crime Prevention of the Office for Drug Control and Crime
          Prevention in Vienna that replies to the questionnaire regarding the use and
          application of the Basic Principles on the Independence of the Judiciary had
          been received from 77 countries as of 16 Decer er 1997. The Special
          Rapporteur was also informed that the Crime Prevention and Criminal Justice
          Division is still in the process of undertaking a similar survey on the
          implementation of the Basic Principles on the Role of Lawyers and the
          Guidelines on the Role of Prosecutors. The Special Rapporteur will continue
          liaising with the same Division and will work closely with it for greater
          dissemination of the Basic Principles on the Independence of the Judiciary and
          its application in Mer er States.
          3. Cooperation with UNDP
          25. The Special Rapporteur thanks UNDP for the assistance and cooperation
          extended to him by UNDP offices in various countries.
          4. Cooperation with the Activities and ProQrammes Branch of the
          Office of the HiQh Commissioner for Human RiQhts (OHCHR )
          26. As mentioned in his third report, the Special Rapporteur is
          collaborating with the Activities and Programmes Branch of the Office of the
          High Commissioner for Human Rights to develop a training manual for judges and
          lawyers (E/CN.4/1997/32, para. 31), as part of the United Nations Decade for
          Human Rights Education. The Special Rapporteur attended an expert meeting
          from 5 to 8 May 1997 to review the draft manual. The draft will be revised on
          the basis of substantive coriments made by the participants at the expert
          meeting and will be further piloted through forthcoming courses to be offered
          to judges and lawyers by the OHCHR programme of technical cooperation, before
          its final publication. The Special Rapporteur expects this manual to
          constitute a comprehensive curriculum for the training of judges and lawyers
          on international human rights standards, to be adapted case by case to
          particular national needs and legal systems.
          F. Promotional activities
          27. As stated in his third report, the Special Rapporteur considers the
          promotion of the importance of the independence of the judiciary and the legal
          profession for respect for the rule of law in a democratic society, in the
          spirit of the Vienna Declaration and Programme of Action, to be an integral
          part of his mandate. In this regard, the Special Rapporteur continued to
          receive invitations to address legal forums, seminars, conferences and
          training programmes. Due to other commitments during the year, the Special
          Rapporteur could not accept all the invitations. Nevertheless, the Special
          Rapporteur accepted the following invitations:
        
          
          E/CN.4/1998/39
          page 11
          (a) In Cambodia, from 23 to 25 June 1997, the Special Rapporteur
          addressed the opening of the judicial training programme organized by the
          Cambodian Law Training Project. He held consultations with the Minister for
          Justice, the local OHCHR office and other donor organizations.
          (b) From 25 to 30 August 1997 the Special Rapporteur attended the
          fifteenth LAWASIA Conference in Manila where he delivered several addresses
          and participated in panel discussions with several Chief Justices of the
          Asian—Pacific region.
          IV. ESTABLISHMENT OF AN INTERNATIONAL CRIMINAL COURT
          28. The Special Rapporteur wishes to express his appreciation for the
          efforts of the Preparatory Committee on the Establishment of an International
          Criminal Court (created by General Asser ly resolution 50/46 of
          11 December 1995) which has been meeting periodically to create a draft treaty
          on the establishment of a permanent international criminal court to be put
          before a conference of plenipotentiaries in Rome in June—July 1998. The
          Special Rapporteur supports a strong permanent international criminal court
          with jurisdiction over serious violations of international human rights and
          humanitarian law.
          29. With regard to the independence and impartiality of such a court, the
          Special Rapporteur is firmly of the opinion that the permanent international
          criminal court must have a strong independent prosecutor who can initiate
          investigations on his own motion without any political or other
          considerations. A prosecutor with the requisite independence and impartiality
          will add considerably to the integrity and independence of the court.
          30. As the Special Rapporteur discussed in his earlier report to the
          Commission (E/CN.4/1997/32, paras. 45 and 46), it is important that the method
          of remuneration of judges of the court from its inception be seen to be
          compatible with their security of tenure so as to maintain their independence.
          It is equally important for the court's decisions, either interlocutory or
          final, to be complied with by States. If States are permitted to ignore its
          decisions, the very object of the establishment of the court will be defeated
          and public confidence in the integrity of the court lost. The statute
          therefore must provide for a procedure to secure compliance when there is a
          failure to do so. The Special Rapporteur hopes that these issues will be
          adequately addressed at the next Preparatory Committee meeting before the
          final draft statute is presented in Rome.
          V. COUNTRY SITUATIONS
          A. Introduction
          31. This chapter contains brief surimaries of the urgent appeals
          and corimunications transmitted to Governments between 1 January
          and 10 December 1997, as well as replies to the allegations received from the
          Governments between 1 January 1997 and 28 January 1998, including meetings the
          Special Rapporteur had with government representatives. In addition, the
          Special Rapporteur takes note in this chapter of the activities of other
          mechanisms which are related to his mandate. Where he has deemed it
        
          
          E/CN. 4/1998/39
          page 12
          necessary, the Special Rapporteur has included his own observations. He
          wishes to emphasize that appeals and corimunications reflected in this chapter
          are based exclusively upon information that has been transmitted to him
          directly. Where information was insufficient, the Special Rapporteur was not
          in a position to act. Further, he deeply regrets that lack of sufficient
          human resources has prevented him from acting upon all the information
          transmitted to him during the past year, and he apologizes to the
          organizations who have provided him with well—documented and well—researched
          reports on particular situations. The Special Rapporteur also recognizes that
          problems concerning the independence and impartiality of the judiciary are not
          confined to the countries mentioned in this chapter. In this regard, he
          wishes to emphasize that readers of the present report should not interpret
          the omission of a particular country from this chapter as indicative that the
          Special Rapporteur considers that there are no problems with the judiciary in
          that country.
          32. In preparing this report, the Special Rapporteur took note of reports
          of his colleagues, Mr. Thomas Hammarberg, Special Representative of
          the Secretary—General on the situation of human rights in CarcJiodia;
          Ms. Elisabeth Rehn, Special Rapporteur on the situation of human rights in
          the territory of the former Yugoslavia, and Mr. Michel Moussalli, Special
          Representative on the situation of human rights in Rwanda.
          B. Situations in specific countries or territories
          Bahrain
          Communication from the Government
          33. On 7 May 1997, the Government of Bahrain transmitted a letter to the
          Special Rapporteur requesting clarification on the passage in his report to
          the fifty-third session of the Corimission on Human Rights which expressed
          concern that “the trials before the State Security Court violate article 14 of
          the International Covenant on Civil and Political Rights owing to the apparent
          lack of due process in the Court” (E/CN.4/1997/32, para. 76)
          Communication to the Government
          34. On 12 November 1997, the Special Rapporteur replied to the letter
          of 7 May 1997, explaining that he had received serious allegations concerning
          the alleged lack of due process within the State Security Court. According to
          the source, defendants are not allowed access to legal counsel until they are
          brought to the State Security Court; defence lawyers allegedly do not have
          access to court documents, nor do they have adequate time to prepare a defence
          for their clients; defence lawyers are given limited access to their clients
          during the trials before the State Security Court; and the sessions before the
          Court are allegedly held in camera. Further, article 7 of the Criminal
          Security Court Law provides that “the verdict passed by the court shall be
          final and shall not, in any manner, be appealed against, unless the said
          verdict has been passed in the absence of the accused, in which event, the
          procedure stated in the foregoing article shall apply”. It was also brought
          to the Special Rapporteur's attention that of three State Security Courts, two
          are presided by mer ers of the Al—Khalifa family which governs the State of
        
          
          E/CN.4/1998/39
          page 13
          Bahrain. The Special Rapporteur took note of the fact that the State Security
          Court Law does in fact provide for procedural guarantees that address the
          allegations contained in the communications sent by the Special Rapporteur to
          the Government. However, the source presented allegations concerning specific
          cases in which these procedural guarantees were not followed by the State
          Security Court, allegations that were summarized in the communications sent to
          the Government on 16 October 1996 and 18 Nover er 1996.
          BanQladesh
          Communication from the Special Ra iniorteur
          35. On 14 February 1997, the Special Rapporteur sent an urgent appeal to the
          Government of Bangladesh to express his concern over the legal situation of
          Mrs. Zobalda Rashid, wife of Colonel Rashid. According to the source,
          Mrs. Rashid was arrested on 3 November 1996 in her Dhaka residence on a remand
          order and held for five days, during which time she was reportedly tortured to
          make her confess. It has been reported that she was brought before the Chief
          Metropolitan Magistrate on 12 November 1996 without the presence of her
          attorney and that the charges against her were unclear. Attempts to
          manipulate the legal proceedings were also reported; in particular, her
          defence attorney was misinformed of the dates of Mrs. Rashid's appearances in
          court and he did not have access to documents relating to the case.
          Communication from the Government
          36. In February 1997, the Government provided the Special Rapporteur with a
          reply to the urgent appeal sent on behalf of Mrs. Zobalda Rashid. The
          Government stated that Mrs. Rashid was arrested on 3 Nover er 1996 in the
          presence of her attorney, Mr. Forman Ali, and was prosecuted for possession of
          illegal arms. She was held at a police remand centre for five days and on
          9 Nover er 1996, she was produced before the Chief Metropolitan Magistrate,
          who granted further remand for four days. The allegation that she was
          tortured during her detention is false and unfounded. The Government added
          that the investigation has established the involvement of Mrs. Rashid in a
          criminal conspiracy to kill the then President of Bangladesh, Bangabandhu
          Shelkh Mujibur Rahman, and 32 others, including pregnant women and children,
          but she was never charged with any subversive act against the Government and
          she was never detained under the Special Powers Act 1974. The Government also
          asserted that she has been very well treated in jail and that she was allowed
          to receive visitors and lawyers. The Government also listed the names of
          relatives and advocates who visited her in detention between 1996 and
          February 1997.
          Ob s e r vat i on s
          37. The Special Rapporteur thanks the Government for its prompt response to
          his intervention. The Special Rapporteur has not heard further from the
          Government.
        
          
          E/CN. 4/1998/39
          page 14
          Belarus
          Communication from the Government
          38. On 10 January 1997, the Government provided the Special Rapporteur with
          a reply to his letter dated 12 November 1996 regarding the alleged process of
          suspending the Constitutional Court by the head of State following its
          decision concerning the referendum on two draft constitutions. The response
          of the Government contained information with regard to provisions embodied in
          the Constitution concerning the administration of justice and the appointment
          and independence of judges. It also gave detailed information regarding the
          organization of the judicial system and the status of judges as contained in
          the Republic of Belarus Act of 13 January 1995. The Special Rapporteur was
          also informed of the appointment proceedings, the activities and the
          competence of the Constitutional Court judges. The Government stated that the
          above—mentioned general information related to the period covered by the
          inquiry from the Special Rapporteur concerning the situation of judicial
          organs in Belarus. Finally, the Government added that on 24 November 1996,
          the Republic of Belarus adopted a new Constitution by referendum which amended
          the procedure for the appointment of judges. The President of the
          Constitutional Court, the President of the Supreme Court and the President of
          the Supreme Economic Court are now appointed by the President with the consent
          of the Council of the Republic, whereas these persons were all elected by the
          Supreme Council under the previous Constitution. The new Constitution has
          also increased the mercJiership and age limit of the Constitutional Court.
          Ob s e r vat i on s
          39. The Special Rapporteur would like to thank the Government for its
          response. However, he notes that the Government did not provide him with
          information regarding the specific allegation he sent. He remains concerned
          that the judiciary may not be independent from the executive branch.
          Bolivia
          Communication to the Government
          40. On 6 February 1997, the Special Rapporteur transmitted an urgent appeal
          jointly with the Special Rapporteur on extrajudicial, summary or arbitrary
          executions concerning the case of lawyer and President of the non—governmental
          Permanent Human Rights Asser ly of Bolivia, Mr. Waldo Albarracin, who had
          reportedly been detained by eight policemen. According to the information
          received, he was severely beaten and threatened with death. He was recently
          transferred to the headquarters of the Technical Judicial Police in La Paz and
          then taken to a hospital. It is reported that the incident may be related to
          a statement made by Waldo Albarracin to the press about a violent encounter
          between miners and the police which took place in the Amayapampa region of
          Bolivia and in which nine people were killed.
          Ob s e r vat i on s
          41. At the time the present report was finalized, no reply had been received
          from the Government.
        
          
          C
          C
          H
          C )
          çn
          H
          C
          C a
          C
          (D
          0
          C
          (D
          hi
          (D
          LL Q
          < >ChC
          CCrt
          tr
          0
          Q CrtHH0
          CC 2
          Jhh O1
          (D
          rr
          hihi CCC J
          JN J0(D0 J HJCaCHN)
          < .
          hi(D(DH- çn .
          (D•
          (D•
          Ca
          çBC
          (Drthi<
          0D ht rtH- hiCa rt.
          (D
          hiD
          R OOCI-C1-tr
          C
          trE l-
          C H
          (D
          hi
          trt (D (D
          Cat Øhi hi
          c< HCQ H(D0H0
          (Dhi
          LHH.h(D
          H-
          H-C
          
          L(D
          C)
          hihi
          C U)
          H hC(fl
          i(D
          hiH”< ODNL J >(DH-
          C(DCQ
          ‘ h-C N
          H N)
          h -H-
          H-OcLW h
          t (D hot(D
          hi CC J
          C J
          (DDhiH-(Dh
          (D(DC O H-h<(D (D(nH (D
          (DC(D
          nt
          H
          m Jh-h-crhi 0
          h-hN
          (D0h- C (D J
          tCLO
          Lc
          (Dh-h- Jh -
          cD cDcrC C(D J (DH-
          htt
          C J Chit
          hi
           N J
          (Dhi
          L-J- (D 0(D t
          (D
          H (D t
          Ca 0(Dh-t LHh-H
          hi(D
          CahiH-Chi C
          LJ-H
          h-
          >h- (DhiX (D (D
          t hi
          (DCa
          Q (DCa Chi
          h-
          C
          Ca
          C t cBH 0
          CCX J(D (D(D H J t
          Ca
          CU)
          (Dc i .
          H- < cr
          BH (D(D (nCaH
          QK J
          H-CH i iCa J >C
          h-H- J (DC h-H- (D hi
          (DH-
          (D
          . Cflth-(D
          L J (D J r
          JtH
          h -
          hi
          (D
          H CaC0  I hi(D
          h- t JR h-H- hi(D (D
          H-
          çrcn thiH-(DC
          C B
          H
          ci.
          H- (DCL t
          h-C)
          (D C(D J
          crot
          R
          . h-hiH (D hi
          C H-( hi (D(D h-
          t
          00DH- H C
          H-hit
          > •
          Htt r cDH-crcr J
          (DH
          h-
          H- > (D ht h-
          Ca h- t
          BCC
          hi
          hh
          hi
          OH- CCThDCa
          (D (D
          C(Dh-H- H (DH- ycr
          >(D
          CCa
          Ctt(DCt
          tt tc i .X
          hi (D
          h-
          C h-H (Dh-
          h- BChi
          t 0 > çn
          C)hi Q (D cL ci ] LC
          tH-
          çB
          H-H- 0hi0
          C CH-h-H-H-
          H J <
          t
          (D
          CaU) JR C
          (D CaD 0
          t J< hi >CH JU)
          C (D Cci.
          hi
          h-h- H (D JCa
          Nci.H-
          N hi C
          >hi i.C hiU)XCa 
          rrCaU)
          (D
          Cah-U)ci.h-
          ci.L-H
          (D
          CaCaCa X Jci.C
          W (DC
          Cah-
          ci. Hhi (Dh-
          CC
          Ca J ci. (D
          ci. ci.tC Ca JHO 0H-
          (D i. Jhh H-
          tci.
          t
          h-U)
          JH-U)
          BU)
          a C (D 0 J 0 0
          (DH-
          B
          h- h-h-
          (Dh-C) J Cah-h-
          hi
          . B(D 
          
          E/CN. 4/1998/39
          page 16
          48. The Special Rapporteur associates himself with the concerns expressed by
          the Special Representative of the Secretary—General for Cambodia over the
          independence of the judiciary in Cambodia, as expressed in his recent report
          to the General Assembly (A/52/489)
          C 01 omb i a
          Communications to the Government
          49. On 17 July 1997, the Special Rapporteur sent an urgent appeal jointly
          with the Special Rapporteur on extrajudicial, summary or arbitrary executions
          concerning lawyer and City Ombudsman of San Calixto José Estanislao Amaya
          Páez. It has been reported that Mr. Amaya Paéz had received a death threat
          from a paramilitary group called “Autodefensas del Catatur o” which ordered
          him to leave the region within eight days. According to the information
          received, this paramilitary group is linked with the ColorcJiian security
          forces.
          50. On 1 August 1997, the Special Rapporteur transmitted a communication to
          the Government concerning lawyers José Luis Marulanda Acosta and
          Augusto Zapata Rojas. It was alleged that mer ers of the Colombian military
          had submitted a report stating that both men were active members of the
          National Liberation Army (ENL) . Reportedly, this was based on
          Mr. Marulanda Acosta's defence of Jhon Jairo Ocampo Franco, who was arrested
          and charged with being a mer er of the ENL. The source further alleged that
          Mr. Maralunda Acosta and Mr. Zapata Rojas, who merely shares an office with
          Mr. Marulanda Acosta, began having problems following the former's refusal to
          allow his client to be photographed with allegedly confiscated material. The
          photographs were to be sent to the national press.
          51. On 17 November 1997, the Special Rapporteur sent an urgent appeal
          concerning lawyers Alirio Uribe Munoz, Rafael Barrios Mendivil and
          Miguel Puerto Barrera, members of the “José Alvear Restrepo” lawyers'
          collective. Allegedly, the lawyers had suffered threats and harassment for
          several months. It was reported that Alirio Uribe Munoz, President of the
          collective, was accused of supporting a wing of the ENL. The accusations were
          reportedly made in a report submitted by the army to the Bogota regional
          prosecutor's office. It was also reported that Miguel Puerto Barrera, legal
          representative of the victims, was declared a military objective by the army.
          Finally, Rafael Barrios Mendivil, legal representative of the families and
          survivors of the Caloto massacre, had been reportedly subjected to constant
          tailing, harassment and threats.
          Communications from the Government
          52. On 1 October 1997, the Government sent a reply to the communication
          transmitted by the Special Rapporteur concerning lawyers Luis Marulanda Acosta
          and Augusto Zapata Rojas. According to the Government, the Fiscalia ReQional
          DeleQada of the city of Armenia is investigating Jhon Jairo Ocampo for charges
          of rebellion. The investigation started on 7 February 1997 and on 22 April
          the Prosecutor ordered the arrest of Jhon Jairo Ocampo. On 9 May the
          Prosecutor decided to release him. The investigation is currently in the
          examination proceedings, collecting evidence, in order to clarify the facts.
        
          
          E/CN.4/1998/39
          page 17
          53. On 3 Decer er 1997, the Government provided additional information with
          regard to the above—mentioned case. The Government informed the Special
          Rapporteur that according to a report submitted by the judicial attorney
          ( Procurador Judicial en lo renal ) in the city of Armenia, there were no
          irregularities in the investigation of the case of Jhon Jairo Ocampo that
          justify the appointment of a Special Agent; however, the judicial attorney
          ordered special surveillance to the process. Furthermore, the Government
          informed that the complaint made by lawyer José Luis Marulanda Acosta was at
          that moment under investigation. On 16 December 1997, the Government of
          Colombia provided the Special Rapporteur with a reply to his comunication
          dated 16 November 1997 regarding the case of the mer ers of the “José Alvear
          Restrepo” lawyers' collective. According to the Government, the case had been
          studied by the competent authorities of the Government. In particular, the
          Committee on the Regulation and Evaluation of Risks of the Programme of
          Special Protection for Witnesses and Threatened Persons of the Human Rights
          Administrative Special Unit of the Ministry of Interior had ordered the
          adoption of the measures for protecting the office and the integrity of the
          members of the collective. These security measures, located in the “Edificio
          de Avancia” in the city of Santa Fe in Bogota, included the installation of a
          reinforced security door at the entry level, a closed—circuit security system
          and an entry system for staff involving an electronic keyboard and magnetic
          cards. Moreover, a seminar on self—protection was organized for the members
          of the collective. Rafael Maria Barrios, Reynaldo Villalba and
          Pedro Julio Mahecha had been given bulletproof vests and cellular telephones
          in which the telephone numbers of the security branch of the Ministry of
          Interior had been programed in the event that an emergency arose. The
          Direction of Protection of the Administrative Department of Security was
          requested to undertake a study of threats issued against Mr. Alirio Uribe,
          Mr. Rafael Barrios, Mr. Barrios Mendivil and Mr. Puerto Barrera and to
          evaluate the risks. The Government said that notwithstanding the previous
          communication, it had not been possible to obtain within the given time
          detailed information relating to the investigations concerning the mentioned
          allegations. The Government requested an extension of two months in order to
          present its observations concerning the allegations made by the mer ers of the
          wJosé Alvear Restrepo” lawyers' collective.
          54. On 23 January 1998, the Government provided the Special Rapporteur with
          the requested additional information. According to the Government, the Public
          Prosecutor's Department had stated in a recent communication that the
          Terrorism Unit of the Bogota Regional Prosecutor's Office confirmed that the
          Unit was not undertaking any proceedings against Mr. Uribe Munoz,
          Mr. Puerto Barrera or Mr. Barrios Mendivil on the contrary, the Unit was
          investigating the threats against them. In addition, the Special Rapporteur
          was informed that the Protection Department had undertaken the study of the
          level of risk and intimidation of the three men. The study was being
          considered by the Committee on the Regulation and Evaluation of Risks, and the
          Special Rapporteur would be provided with the Comittee's conclusions.
          Ob s e r vat i on s
          55. The Special Rapporteur thanks the Government of Colombia for the
          responses provided. However, he notes that the replies dated 1 October 1997,
          3 and 16 December 1997 and 23 January 1998 do not address the Special
        
          
          E/CN. 4/1998/39
          page 18
          Rapporteur's concerns about lawyers Dr. Marulanda Acosta and Dr. Zapata Rojas.
          The Special Rapporteur will continue to monitor developments in the three
          complaints.
          Croatia
          Communication to the Government
          56. On 4 Nover er 1997, the Special Rapporteur sent a communication to the
          Government containing general allegations concerning the judiciary in Croatia.
          According to the information received, several judges were reportedly relieved
          from their posts following decisions by the State Judicial Council which were
          alleged to have been motivated more by the national origin or political views
          of the judges than by their professional competence. The President of the
          Supreme Court, Dr. Krunislav Olujic, was reportedly dismissed following a
          decision of the High Judiciary Council on 4 January 1997 which was alleged to
          be connected to his determination to work independently of the ruling HDZ
          political party. Some dysfunctions of the judiciary were also brought to the
          Special Rapporteur's attention, in particular the pre—selection of judicial
          candidates by the Minister of Justice. Further, security of tenure is not
          guaranteed for judges. The Croatian courts have also reportedly experienced
          difficulties with implementing their decisions, particularly with respect to
          cases against members of the Croatian army and the police, or where rulings
          were in favour of non—Croats. It was also reported that the accused's right
          to have an attorney present during the investigative phase and during an
          appeal against investigative detention was not always respected.
          Communication from the Government
          57. On 14 January 1998, the Special Rapporteur received a communication from
          the Government of Croatia in response to his letter of 4 November 1997. Save
          for setting out generally the constitutional provisions governing the
          judiciary in Croatia and stating that the removal of the former President of
          the Supreme Court was not motivated by political considerations, the issues
          raised in the Special Rapporteur's letter were not addressed. The Special
          Rapporteur therefore intends to follow up on the matter.
          Cuba
          Communications from the Government
          58. On 25 February 1997, the Government sent a response to a letter
          transmitted by the Special Rapporteur on 8 July 1996 concerning the Cuban
          legislation on the independence of judges and lawyers and the cases of Cuban
          lawyers Leonel Morejón Almagro and René Gómez Manzano.
          59. The Government of Cuba provided information on the reforms of the
          judiciary since the ending of the previous regime, particularly the law that
          abolished the Emergency Tribunals and the Criminal Division of the High Court.
          Both institutions then had the power to impose severe punishments summarily
          without complying with fundamental guarantees for the accused and without
          right of appeal to a higher tribunal. The Government further explained that
          the principle of the independence of the judiciary is enshrined in the
        
          
          E/CN.4/1998/39
          page 19
          Constitution and in the 1990 Law on the Tribunales Po ulares . Decree—Law 81
          of 1984 provides, inter alia , that “the exercise of the legal profession is
          free” and that lawyers are independent and accountable only to the law.
          Article 5 of Decree—Law 81 defines the Organización Nacional de Bufetes
          Colectivos (National Organization Of Collective Law Offices) as a public
          interest professional legal entity, autonomous and national, whose membership
          is voluntary and which is regulated by the law and its own agreements and
          provisions.
          60. The Criminal Procedure Law of Cuba contains provisions with regard to
          the functions of lawyers, including members of the Organización Nacional de
          Bufetes Colectivos. Regarding the latter, the law states, inter alia , that
          disciplinary measures against the mer ers of the organization may be appealed
          to the highest levels and that disciplinary sanctions may be applied by the
          courts against legal professionals for professional misconduct in the
          performance of their functions.
          61. In addition, the Government informed the Special Rapporteur that the
          freedom of association and of speech of lawyers is recognized in
          articles 53 and 54 of the Constitution and, for the mer ers of the
          Organización Nacional de Bufetes Colectivos, in article 34 of its Regulations.
          Moreover, Decree—Law 81 states that lawyers may organize and conduct legal
          literacy programmes for the public.
          62. The Government questioned the motives of the source who complained to
          the Special Rapporteur and suggested that he establish clear rules of
          admissibility for allegations. As an example, concerning the case of lawyer
          Leonel Morejón Almagro, the Government explained that he had been expelled by
          the Organización Nacional de Bufetes Colectivos because of repeated and
          serious failures to carry out his professional duties, thereby harming both
          his clients and the prestige of the organization. As provided for by law,
          Mr. Morejón had appealed to the Minister of Justice, alleging that although he
          had made mistakes, those were due to the number of cases with which he had to
          deal and to his weakness with respect to certain details. The Minister upheld
          the expulsion.
          63. Regarding the case of Mr. Gómez Manzano, the Government explained that
          his request to create a lawyers' association was rejected because it would
          have had similar objectives to those of the existing Union Nacional de
          Juristas de Cuba, which would be contrary to Cuban law.
          Ob s e r vat i on s
          64. The Special Rapporteur thanks the Government for its detailed response.
          From its response, it does appear that the Government, through the Minister of
          Justice, has some control over disciplinary sanctions on lawyers.
          Principle 28 of the United Nations Basic Principles on the Role of Lawyers
          provides: “Disciplinary proceedings against lawyers shall be brought before
          an impartial disciplinary committee established by the legal profession,
          before an independent statutory authority, or before a court, and shall be
          subject to an independent judicial review ” (emphasis added) . The fact that
        
          
          E/CN. 4/1998/39
          page 20
          Mr. Leonel Morejón Almagro appealed to the Minister of Justice and the
          Minister dismissed the appeal, indicates that there may not be a provision in
          the legislation for an independent judicial review as provided in principle.
          Ecp qi t
          Communication to the Government
          65. On 23 September 1997, the Special Rapporteur sent an urgent appeal
          concerning lawyers Mohammad Sulayman Fayyad and Hamdi Haykal, arrested
          on 17 June 1997 in the town of Banha for criticizing, in a public gathering,
          Law 96 of 1992. They were reportedly charged with possession of printed
          material critical of Law 96, which allows landowners to evict farmers, and
          with inciting farmers to oppose the Law, although by peaceful means.
          According to the information received, they were tortured in Tora penitentiary
          by security officers. They were then transferred to the High Security Prison
          in Tora. The authorities did not inform their lawyers or families of their
          whereabouts until 19 June and, even then, they were unable to receive visits
          due to a ban forbidding visits by lawyers and relatives to detainees. The
          Special Rapporteur was also informed that on 9 August 1997, Sayyed
          Ahmad al-Tokhi, a lawyer from the Egyptian Organization of Human Rights
          (EOHR) , was arrested at Cairo airport allegedly in connection with his
          peaceful activities in opposition to Law 96. For two days he was held in
          three different detention centres without charges being brought against him.
          According to the source, he was finally interrogated on 11 August in the
          presence of defence lawyers at the State Security Prosecution Office. Before
          being transferred to Mazra'at Tora prison, where he was reportedly detained at
          the time of the intervention, he was held in al—Mahkoum prison in Tora where
          he was said to have been ill—treated. He has been charged with verbally
          promoting ideas which contradict the fundamental principles of the ruling
          regime.
          Communication from the Government
          66. On 15 October 1997, the Government provided the Special Rapporteur with
          a reply to his urgent appeal, in which it confirmed that all the rights of the
          persons in question were respected and that their cases were being dealt with
          in an orderly manner according to the law. Regarding the cases of
          Mr. Mohamed Soliman Fayed and Mr. Hamdy Heikal, the Government informed the
          Special Rapporteur that both persons had conducted premeditated and organized
          agitation instigating farmers to oppose by force the implementation of the new
          Law 96 of 1992 on tenancy agreements in regard to agricultural land.
          According to the Government, both persons have been arrested by order of the
          Public Prosecutor following a search of their residence where printed material
          calling for opposition by force to the Law was found. The Government
          mentioned that while the two persons were imprisoned in the Tora penitentiary,
          they attacked some military police working in the prison. Those incidents
          were investigated. Regarding the case of Mr. Ahmed Altouhky, the Government
          informed the Special Rapporteur that he was arrested on 9 August 1997 at Cairo
          airport trying to escape an arrest warrant issued by the Public Prosecutor for
          the same reasons mentioned in the case of Mr. Fayed and Mr. Heikal. The
          Public Prosecutor had begun an investigation, but had not then reached a final
          decision. According to the Government, nothing in the facts related to the
        
          
          E/CN.4/1998/39
          page 21
          three cases was connected to their profession as lawyers and all of their
          rights during investigation and detention were fully respected.
          Ob s e r vat i on s
          67. The Special Rapporteur thanks the Government for its response.
          France
          Communication to the Government
          68. On 7 Nover er 1997, the Special Rapporteur sent a communication to the
          Government of France regarding the strike on 6 Nover er 1997 in which most of
          the 33,000 French lawyers participated in order to draw the attention of the
          Government to the lack of human and financial resources of the French justice
          system, resulting in a large backlog of cases in the courts. In addition, the
          Special Rapporteur requested the Government to provide him with the latest
          developments relating to the draft reform of the judicial system in France.
          Ob s e r vat i on s
          69. To date, the Government has not responded.
          GeorQia
          Communication to the Government
          70. On 23 September 1997, the Special Rapporteur sent a corimunication to the
          Government expressing concern about allegations of interference of the
          executive in political and criminal trials and politically sensitive trials.
          It was also reported that judges practise self—restraint in order to retain
          their jobs and that sentences in politically sensitive cases are handed down
          by the Supreme Court of Georgia acting as a court of first instance.
          According to the source, the sentences of this Court are considered to be
          final and the right of appeal to a higher court is denied. The Special
          Rapporteur was also informed that the April 1995 amendments to the Criminal
          Code substantially restrict the rights of lawyers in defending their clients.
          According to the source, certain amendments have the effect of limiting a
          defence lawyer's access to important documents.
          Communications from the Government
          71. On 19 January 1998 the Government responded by sending a copy of a
          letter dated 16 January 1998 addressed to the High Commissioner for Human
          Rights. The Government indicated that Georgia had adopted a new democratic
          Constitution on 24 August 1995 and, pursuant to this Constitution, on
          13 July 1997 the Parliament of Georgia adopted the Basic Law on courts of
          general jurisdiction. The Government stated that the Basic Law completely
          transformed the status of courts in the country as regards their relations
          with other bodies of authority. The Government had sought the comments of the
          High Commissioner on the Basic Law.
        
          
          E/CN. 4/1998/39
          page 22
          Ob 5 JT Vat ions
          72. Georgia obviously Is going through a period of transformation from the
          previous Soviet system to democracy. The Government admits that under the
          previous system there were many ways to influence the courts.
          73. The Special Rapporteur thanks the Government for its response and will
          study the materials on the new Basic Law and express his comments in due
          course.
          India
          Communications to the Government
          74. On 21 February 1997, the Special Rapporteur sent a communication to the
          Government of India in which he requested to be advised of the status of the
          investigations concerning the kidnapping and killing of Mr. Jalil Andrabi,
          lawyer and human rights activist. This case was the subject of an exchange of
          correspondence between the Special Rapporteur and the Government in 1996 and
          was mentioned in his 1997 report (E/CN.4/1997/32, paras. 110-115)
          75. On 29 May 1997, the Special Rapporteur transmitted a communication to
          the Government concerning Jasved Singh, a human rights lawyer who had
          allegedly been threatened and harassed by the police. He was reportedly
          accused of harbouring terrorists and his home had been raided more than 100
          times. According to the source, Jasved Singh received such treatment because
          of his defence of suspected terrorists and his human rights work. In the same
          communication, the Special Rapporteur recalled his previous letters concerning
          the kidnapping and murder of Jalil Andrabi and requested the Government to
          provide him with information on the current status of the investigations.
          76. On 13 June 1997, the Special Rapporteur sent an urgent appeal jointly
          with the Special Rapporteur on extrajudicial, summary or arbitrary executions
          concerning T. Puroshotham, lawyer and joint secretary of the Andhra Pradesh
          Civil Liberties Committee, who was reportedly attacked on 27 May 1997 by
          police in plain clothes and sustained serious head injuries. According to the
          source, the “Green Tigers”, a group allegedly established by the Andhra
          Pradesh Government in concert with the police to counter the activities of
          human rights defenders, claimed responsibility for the attack.
          77. On 1 August 1997, the Special Rapporteur sent a communication to the
          Government in which he provided additional information on the harassment and
          intimidation of Jasved Singh. According to the information received by the
          Special Rapporteur, Jasved Singh resides in the State of Punjab and practises
          in the subregional courts. He is also a member of a local civil liberties
          organization. He allegedly began to have difficulties in 1987 when he was
          charged with terrorist and disruptive activities. He was released after
          33 days of detention and acquitted of all charges. The source also alleged
          that in 1990 Mr. Singh was arrested for murder, jailed for 20 days and
          subsequently acquitted. According to the source, Jasved Singh was also
          aggressively questioned for his defence of two Sikh men charged with the
          murder of Pisham Prakesh, the President of the Congress in Khanna district.
        
          
          E/CN.4/1998/39
          page 23
          78. On 23 September 1997, the Special Rapporteur transmitted a communication
          to the Government concerning the harassment of three lawyers and a judge.
          According to the information received, a team of armed personnel of the
          30th Assam Rifles, along with one Manipur police constable, searched the home
          of lawyer Thokchom Ibohal Singh on 4 April 1997. It was further alleged that
          he was accused of being a sympathizer of an underground organization and of
          giving financial assistance to it, although no evidence was found. The
          Special Rapporteur was also informed that lawyer Khaidem Mani Singh,
          Vice—President of the Manipur Bar Association, was arrested with his wife on
          the evening of 31 March 1997 and charged with harbouring armed opposition
          leaders. It was also reported that lawyer Chongtham Cha Surjeet's house was
          raided on 4 July 1997 by a team of the Indian Army and the Rapid Action police
          Force of the Manipur Police. Finally, the Special Rapporteur expressed his
          concern about allegations received concerning Judge W.A. Shishak, a judge of
          the Gauhati High Court, whose house was raided on 10 Decer er 1996. According
          to the source, the assault was related to his activities in defence of human
          rights in Manipur.
          79. On 24 September 1997, the Special Rapporteur sent an urgent appeal to
          the Government of India concerning the lawyer Ravi Nair, Executive Director of
          the South Asian Documentation Centre, based in New Delhi. According to the
          source, Ravi Nair received two phone calls from a policeman, who identified
          himself as Deputy Commissioner of Police of the Delhi police, threatening him
          with arrest and physical injury.
          Communications from the Government
          80. On 4 July 1997, the Government provided a reply to the Special
          Rapporteur containing additional information on the case of the human rights
          lawyer Jasved Singh. In the same letter, the Government enclosed information
          regarding the death of Jalil Andrabi. According to the Government, the
          Division Bench of the Jarimu and Kashmir High Court of Srinagar took into
          consideration the investigation report of the Special Investigation Team and
          issued an order on 10 April 1997 requesting efforts to secure the presence for
          questioning of a Territorial Army officer, Avtar Singh. The authorities
          concerned were also requested to collaborate with the Special Investigation
          Team.
          81. The Special Rapporteur received a reply from the Government of India
          on 29 September 1997 with respect to the case of Ravi Nair. The Special
          Rapporteur was informed that the Permanent Mission of India to the
          United Nations Office at Geneva had gotten in touch with Mr. Nair regarding
          his alleged harassment and that the National Human Rights Corimission was
          currently seized of the matter. According to the Government, inquiries were
          being conducted into the incident.
          82. On 9 October 1997, the Government provided a reply to the urgent appeal
          sent jointly with the Special Rapporteur on extrajudicial, summary or
          arbitrary executions regarding lawyer T. Purushottam. According to the
          Government, T. Purushottam was attacked by some unknown individuals on Station
          Road, Mahbubnagar. The Station House Officer of the nearest police station
          took T. Purushottam to the government hospital irimediately for treatment and
          also recorded his statement. The Government informed the Special Rapporteur
        
          
          E/CN. 4/1998/39
          page 24
          that the Additional Superintendent and the Superintendent of Police of the
          area also visited T. Purushottam at the hospital to ascertain the facts of the
          case. Efforts were currently being made to identify the persons responsible
          for the assault.
          83. On 23 October 1997, the Government responded to the Special Rapporteur
          regarding a raid allegedly conducted by security forces on the house of the
          Judge W.A. Shishak of the Giwahati High Court. According to the Government,
          the incident was brought to the attention of the Chief Justice of the Guwahati
          High Court who immediately issued orders for a formal petition impleading the
          Union of India and the State Government of Nagaland to be registered. The
          army officers concerned were directed to file their reply within a week and,
          in the meantime, the Superintendent of Police of Dimapur gave instructions to
          visit the spot and inquire into the matter. The hearing of the case took
          place on 7 April 1997 and affidavits were filed by army and police
          authorities. The Guwahati High Court concluded that the incident was a result
          of confusion caused by the fact that the building was not the official
          residence of Justice Shishak and that one of the mer ers of his staff looked
          like a suspect for whom the security forces were searching. The Government
          informed the Special Rapporteur that the information regarding other
          allegations raised in the communication would be provided to him as soon as it
          was received from the concerned officials.
          Ob s e r vat i on s
          84. The Special Rapporteur would like to thank the Government of India for
          its replies and welcomes the positive steps taken in the cases. However, he
          remains concerned about the frequent allegations he has received of harassment
          and intimidation of lawyers by the police and security forces. He requests
          the Government to investigate systematically, thoroughly and impartially these
          allegations, to identify those responsible and bring them to justice.
          85. Regarding the case of Jalil Andrabi, the Special Rapporteur, while
          expressing his appreciation for the investigations into the death of
          Jalil Andrabi, yet remains concerned over the delay in concluding the
          investigation.
          Indonesia
          86. On 12 June 1997, the Special Rapporteur sent a letter to the
          Government of Indonesia with regard to previous allegations transmitted
          on 23 October 1996 concerning Mochtar Pakpahan and Banbang Widjojanto. The
          Special Rapporteur was informed that on 25 October 1996, a Supreme Court panel
          presided by Chief Justice Soajono overturned the acquittal of Mr. Pakpahan
          ordered previously by another Supreme Court panel presided by Justice Adi
          Andojo on 29 Septer er 1995. The process by which this reversal took place
          was by means of “judicial review” pursuant to article 263 of the Indonesian
          Criminal Procedural Code which states, inter alia , “regarding a judicial
          decision that has been made, except one that exonerates an accused of all his
          liability, the person convicted or his beneficiaries may apply for a review of
          the decision to the Supreme Court.” It was alleged that it was the first time
        
          
          LID
          UO I H-U ØLO
          H-ØLO
          h- JQ (fl JCD
          OcLrtCD
          I >crtQcrCD
          QC H-
          N)
          tOH-H (D(DH
          OO
          tH (DOH Lo
          J(D cD
          H-(Di (D 2
          QR
          •
          (D Cart t .
          <.
          (DH (DH
          H hh(D
          crrto(DH-O.
          OCa trtrt(D
          (D
          (DO c(D
          H (D
          B H-Ca(DH-
          hih-h-
          H-rthi o o(D <
          H-hi
          L O JLC
          (D c)
          LJ-H-Ca(D CQ
          hi h J
          hi
          B(Dhihi J
          LOO
          O H- H-
          (D(D
          •
          Ca
          
          t i
          t i
          H
          H
          H
          •
          hi
          C
          H
          H
          C
          >
          H Jt orr H
          H-C (Dhi
          t hi rthi(D(D
          Brth-H-C Ca
          tiCaCart H t1hC1
          ti'. h-LoO(D
          (D H
          (DH-
          H-
          h- J
          çt
          OCaH
          >Q J h-H
          Ca rtCH-
          h-H-tC(D
          H- O
          h-J Jh-Ca(fl
          Cah-H hi ti
          (D HCa
          t(D J h- >
          C rr H-O J
          LJ-OOO Ca
          tH
          hi(D
          C
          CQ J
          (DH
          Hh->ht0
          OhiO
          (D t
          cL(D
          C
          H-
          
          C h-H- LO hi
          hiH- CacD 2cr
          R
          h-hi ' .
          H H-rt(D
          CaLJ.kz t0
          >CQ
          H-(Dh-Ca
          t O(D
          J c rh- N)hh
          0
          
          ci. H- hi
          Lc
          0
          LC
          h (D (D J
          t(D
          t çB JH-
          h-H çn
          ci.H- hi'. (fl
          h-H-
          COh H-
          h- J
          t
          (D ci.
          (DCaH-
          Cci.(D h- J
          hi
          O Jh- hi
          OCa
          CHci.
          thi
          h-
          H-
          h- CH- (D
          t
          L H J H
          (D (D(D
          tH COh-
          hih-
          (D LC
          (Dci.
          çn
          Ca
          hi h-hhHh
          CaD
          H (D (DH-
          CaC
          hi J hihiH
          BC
          t
          (D
          H-
          B
          t
          U)
          N
          (Dh-h-hihi(D(flH-
          OH- BhhitC
          hh
          Y(D
          H-hi(D(Dhih
          Ca(D J (D(D
          (D
          CQ J J
          hi aH-H (D
          Chh- LO
          H H
          
          JCQhh J
          O
          B
          h
          H-OCO (D
          Li-H
          Oci.ØO
          h- H h
          
          H-h
          h- (DR
          H-hi
          0
          0(DH-h-
          H-h
          hihih-LQhi
          JCQ J
          BH- H< t
          (D
          Ca 0
          0
          C
          0'. 0 C(DC(D
          (D
          h Dh- J
          Caci. H
          hi (DH- U)
          > J
          H H-U)
          çn
          <
          (D J(D CahiCa
          ci.h
          (D0 J BhiCa
          h h
          H < Jci.CH-
          h-
          CQ J
          h-hcl
          (D
          i. Jh h-hH-
          (DC(fl
          oh-H- ci.C
          H-Cci. <
          C
          J>0h-
          H-hi
          H J
          
          hi
          
          (DaH-(flh-(D(D J
          Ct ci.
          t t
          (D0U)
          tH- hH-
          COD C
          Y(D J J
          H-(Dh-t
          U)(DCCa(Dh-
          hi< h-h
          ht h
          t
          0Ch J
          h- 1(D(D hih-
          J0
          H- Dhi
          Ca t
          H- ci.ci.(D
          i i
          h-hiH-H
          Ca
          (D
          C CQ0 h- C
          ci.hiH-
          0 h
          WC
          0 h-(D J
          h-
          H-
          •.çu
          (D H-0 H-
          (Dhi J
          Ch Jhi
          C H 0 
          LL J CaU)
          hiCThD
          (D J
          hih(D Ca t
          h- hi H-rrhi
          Ohi
          C
          i.ci.
          h
          H hi tH-H-
          hi ht
          0 J hi
          (D (D JC (D U )
          <
          U)U)hi
          t
          hi
          hi(D(D JCah0C
          H-h-ti
          C H- H-Ø
          H h-
          H-H-
          rr h-
          (D
          (D
          (D 0tCaCaC
          t
          C hih-C
          H-U) B
          0>h-'. CU)
          h-Ca
          C H-h-h-
          (D>h- 0H-H-
          CaH-Ca
          H-h-C
          0h-Cahi Jh-
          H-U)h-
          h- C
          th-
          CaU)
          h- >t (D J
          (Dh-
          hi
          H Ch-
          c
          h-hiH-C JCC
          C J (DCa
          (DCh-
          H J J Jh-
          (DU)
          H iH-h-
          LC
          h-h Cci.
          ‘.
          0h-Ca H-ci.
          ci.
          m0 0
          (D H- H- Ca
          hh < hi
          t B
          (DH- BhiU)
          0
          o C
          0
          Ca Cci.
          H-h-
          H JtrU)
          hi J
          C (Dci.
          rrC
          c <
          C
          O(Dh-0 t JO
          Ca
          OOH” (Dci.
          U)
          h-hh-hih-
          hi
          t
          C Cah- >
          h-C J
          Ca
          hi tCh- 0
          Ca CaCa
          kZ C
          C H-
          (D J
          thiH
          Ca JhiCaCa (D
          h- (D
          h-U)
          (D C
          Ca
          (DH-H U)
          t
          ‘ 0 J•
          h-
          CH
          H-hiCa
          Cahi c rC H-
          (fl
          h- <
          < >
          B
          <
          (D (Dh- C
          h- (D h-
          C
          h-U)Xh-
          (DC
          C (D
          
          h-H- h- h-
          HCa >
          C C
          hih-
          hi
          (D
          B
          i H-
          (DU)
          H-
          ci.
          h-
          tr
          ci.U)(D
          ci.
          H-
          (D
          H-Ca
          t E l
          çn
          (DZ
          N)
          Lfl
          Hi
          co
        
          
          C
          C t
          •
          Ct
          0
          hi
          (DH
          N) TH
          N)
          Y
          hi
          hi
          hi m Ji
          .
          I H-
          Ct
          Ct
          Ct C JCa(D
          ØCa
          H-
          H-
          H- U)
          U)
          C)
          C)
          C) — cL I
          H
          H
          Ct
          (D J
          hiCa
          HOhi
          0 0U)
          U)
          Ct•
          Y .
          hh -.
          OH
          U)
          J Ct JCaCtOtCt
          OCt t (D
          U) 0Ct hi O
          0 (DCt
          00 H-0
          hh
          hThHO
          
          BCt
          Ct
          N)
          U)•
          N)
          CtH-tkc(D JhiU)
          N) 0 hi HCt
          C)
          hiCa
          H
          çn
          H-hit
          Ca CtU)
          m
          C J
          LJ-
          H (D
          C)
          m
          N)
          0CaU)H- hi
          H-hi J C J(n
          hhCt 0m
          Y(D Cahi
          BN) hiH
          H LO (Dm
          Ct — 2
          < J
          hi
          -Ca
          O
          >hi
          Ct(DR Ct C
          H
          H- Z
          Ct
          TCtCaCt -.
          cr —-
          H-U)
          CtU)hi Ca(Dt -.
          I B(D J
          0 CaC
          000
          H-
          LJ- H
          C J
          LC
          N)
          JH-
          H Ca
          çn
          U)U)H0 Ct
          C 0 hh'
          01 Ct01
          H-cL
          çn
          hi
          t(D(D
          H JH >
          U)H-
          B0
          hi
          hi H hi J
          too U)cr 0 0
          hiCaH- hiD
          H- L I hi
          (D
          Ct
          0
          H X
          H
          hi
          hi
          (D
          hi Ct D (D Jhi
          0U) R 0
          t OCt
          U)hiCt
          R
          B t0(D
          H
          <
          0 CtcLhh B H-
          H- cr (D JH
          U) (D
          Ca• t
          H- JJ B J
          <0
          H-
          hi(D J(D<
          J H-
          (D
          (D
          H-
          H Ca
          H
          (D
          0U)NU) (D CaH-
          J Ct hihi o
          (fl Ct
          H 1
          Ct
          t1H JJ 0
          hiU)CaC
          >(D
          hi J
          >
          1 thiCtcL CtCa
          hiU) JrrH
          H hi0 (D>
          Ct Ca
          hi
          (D
          U)H Ca
          .
          H
          H-H Cat0 U)hi
          0(D (D B
          (D hiCt
          ci. J J
          ci.
          ci.o tr
          -.Ca
          H
          H-hici. hi
          U)CaH- 0
          B
          H- H- H-
          t
          LC TCa hiU)ci.
          ci. Ct 0 hi
          C R
          m
          hh
          hiH-
          0
          rr
          tI(D t0 H J
          N) (D (D
          0 (DC
          0
          hi
          LL >U)CtCt
          Ca ci.Ct(D
          >
          Ca
          U)
          hi H-t 0hi
          0(D (DCat1 BCt(D
          himcB Ct
          (DC J
          B0
          hi hi
          0 J
          
          H- (D
          hiD H- (DCa
          hi H-(D(D
          Ct Cahi
          H Ct J
          0
          -.otlci.ci.
          Y(D (D
          B
          B
          ci.
          HJhi ci. >(D
          (D• rr
          — —(D Ct Ca
          ZH t0Ct
          Ct
          0 hh
          ‘hiCt
          hi>ci.
          (D
          ci. BH- (DH-Ct
          C -
          hh 00
          (D J
          t
          çn
          t H-
          J JCtH-
          H-
          Ca
          0
          hi(D Jhihi (DOH-
          (D 0(D H Ct
          X (D H-CaC
          Ca (D <
          hi
          B
          (D
          C
          hi
          Ct
           h-h-h- Ca
          B 0 H- (D
          0
          hiCt
          0
          (D 0
          (D
          Ct Ct
          Ca— hi B(D
          H Ca
          Ca
          Ct
          H JCt
          0
          J J L hiH-cB0
          N) Ct
          Ca ci.
          0
          t
          (DhiH-
          rr
          hh H 00CtCt0
          - J (D(fl
          H-
          (D
          t ci.o
          B
          C t H-U)H-Ct J
          0 —
          0 (DH
          hi
          hi J
          Ct
          Ca
          (D Ca0(D t
          H 0hi cD t
          tH
          0H Ct
          t
          H-
          hi LC F- ci.H-t
          H”-(D hhhi
          (D OCa
          hiH-
          Ct
          < 0 —
          (D
          Ca
          >(D hi(D
          0 < ht(D
          B hThCt
          H-hi
          t
          i
          (D N)
          ci.o i- —-
          t
          0
          B 0CtH B(D J
          >0CtH- ci.H
          > JH- (D
          Ca (D 0(D
          hi hTh J
          (D (D
          CaCa
          OCt
          hi
          B
          h - h
          U) Caci.
          ••ci.>: Ct
          ci. o
          H- C )
          hi
          < 0 Ct
          0
          0(D
          Ct
          Ca(D B
          Ct
          Ct
          (D CtCt 0
          0
          t (D
          (D
          t
          t
          hi CtO
          H-
          (D
          0
          h-h
          (D
          (D
          hi
          Ct
          Ct
          t E l
          çn
          U)Z
          N)
          co
          F- C
          hi
          0
          0
          0
          0
          h-h
          Ct
          (D
          (D
          çn
          t
          hi
          0
          0
          (D
          (D
          c i .
          H
          Ca
          çn
          çn
          H
          Ca
          Ct
          x
          hi
          1:1
          çn
          t
          çn
          çn
        
          
          E/CN.4/1998/39
          page 27
          In this connection, the Supreme Court judge made several mistakes
          in his review of Mr. Pakpahan's case, as follows:
          1. The panel of judges only considered the case in the context of the
          prevalent social transformations in Indonesia while overlooking the
          existing law, which should be upheld;
          2. The panel of judges interpreted the law in the context of the
          social transformations in the country to justify the wrongdoings of the
          defendant and cleared him of all the legal charges against him, rather
          than considering the social factor as one of many dimensions of the law;
          3. The panel of judges focused their decision on the prevalent social
          problems rather than the legal system;
          4. The judges did not consider the law as the basis of their verdict,
          but instead considered it only as a reference in drawing their
          conclusion;
          5. In their considerations, the judges stated that legal Acts were
          not the only legal source of the law and that there were other sources
          which were more important. However, they failed to specify what more
          important sources there were on which they based their verdict;
          6. The panel of judges stated that the defendant, Mr. Pakpahan, was
          not responsible for the loss of life and material as a result of his
          actions;
          7. Clearing Mr. Pakpahan of his criminal conduct would be bound to
          encourage workers around the country to organize unlawful strikes;
          8. The verdict was not in line with another decision of the Supreme
          Court which convicted Mr. Amosi Telaumbanua, one of the men who acted
          under the direct instruction of Mr. Pakpahan in the related case, and
          the fact that the judge chairing the panel in the Pakpahan case also sat
          on the same panel which tried Mr. Amosi Telaur anua.
          D. The Attorney—General based his request for a review on the
          following additional considerations:
          1. Principle of balance: The right to review a case should not only
          be accorded to a defendant or to his/her heir, but should also be
          accorded to the Attorney—General;
          2. Principle of public interest: According to Article 49 of Act of
          Parliament No. 5/1986 on the State Administration Court, by public
          interest one should understand the interest of the nation or the state,
          or the corimunal interest, or the interest of the state development
          programme according to the law. According to the Act of Parliament
          No. 5/1991 on the Attorney—General, public interest should be understood
          to mean the interest of the nation, the state and the community.
        
          
          E/CN. 4/1998/39
          page 28
          3. Principle of Corimon Law: Tap MPR (decision of the People's
          Consultative Assembly) II/MPR/1994 on the GBHN (broad guidelines of
          state policies) stipulates that a new law is not only created through
          enactment by the legislative, but also through jurisprudence. In
          addition, Presidential Decree No. 17/1994 on Repelita VI (five—year
          development plan), under the subheading ‘Law' gives inter alia ‘a
          greater role to the judiciary to develop new laws for the realization of
          social justice for the people through jurisprudence'.
          4. Former Law: The ‘Reglement op de Strafvordering' and Supreme
          Court regulations No. 1/1969 and No. 1/1980 state that the
          Attorney—General may submit for a review of a court's verdict which has
          acquired permanent legal force.
          E. In conclusion, the decision of the Supreme Court to overturn its
          former decision which cleared Mr. Pakpahan of all legal charges
          and to reimpose the four—year sentence previously handed down by
          the High Court, does not violate Article 263 of the Indonesian
          Code of Criminal Procedure, as wrongly suggested in your
          communication, but instead finds its legal basis in the said
          article.
          F. It is not true that either Mr. Pakpahan or his legal
          representative were not notified of the decision promptly enough
          to enable them to challenge the ruling, despite their request for
          a review of the Supreme Court decision, which is still being
          examined to date.
          G. The judiciary concerned has confirmed that throughout the entire
          trial of Mr. Pakpahan, the relevant provisions of the Indonesian
          Code of Penal Procedure were fully observed by the panel of
          judges. Contrary to the allegations, the defendant and his legal
          counsel, as well as all the witnesses were given a fair hearing,
          and the rights of all parties were respected. The panel of judges
          carried out their task with all the independence guaranteed by the
          Indonesian law and throughout the trial, were entirely free to act
          according to their own convictions and sense of justice. At no
          time and under no circumstances was there any interference from
          the executive in the proceedings.
          II. Bambang Widjojanto
          The allegation to the effect that Mr. Bambang Widjojanto, defence
          counsel for Mochtar Pakpahan, was threatened with being forced to
          testify against his own client is totally without foundation. The
          investigation confirmed the absence of any corroborative evidence to
          support the allegation and Mr. Pakpahan's counsel was fully able to
          discharge his duties on behalf of his client. In fact, Mr. Widjojanto
          continues to represent Mr. Pakpahan, who has appealed for another review
          of his case against the decision of the Supreme Court, which rejected
          the conclusions of the first review after the Attorney—General ordered a
          re—examination of the case.
        
          
          E/CN.4/1998/39
          page 29
          III. Megawatu Soekarnoputri
          Regarding the lawsuits initiated by Megawati Soerkarnoputri
          against the Government after her purported removal as the elected leader
          of Parai Demokratik Indonesia (PDI) by decision of the PDI Congress in
          Medan in June 1996, the clarifications from the judicial authority
          concerned are as follows:
          A. In the case No. 229/1996, Mrs. Megawati Soekarnoputri and
          Mr. Alexander Litaay, in their capacity as Chairperson and General
          Secretary of the PDI Central Board of the National Congress of
          1993 respectively, represented by their legal proxy from the
          Defending Team for Indonesian Democracy (TPDI), filed against:
          1. Fatimah Achmad as the representative of the Congress
          Committee;
          2. Fatimah Achmad as the representative of the Congress
          Leadership;
          3. Soerjadi and Buttu R. Hutapea — in their capacity as General
          Chairman and Secretary—General of DPP PDI of the Medan
          Congress;
          4. the Minister of Home Affairs;
          5. the Corimander of the Indonesian Armed Forces;
          6. the Chief of the State Police,
          all of whom are directly involved in the organization and implementation
          of the Medan Congress.
          B. The charges brought by Mrs. Megawati Soekarnoputri against
          Soerjadi and some of his colleagues, the Commander of the
          Indonesian Armed Forces, the Minister of Home Affairs and the
          Chief of the State Police were rejected by the Central Jakarta
          District Court on 10 November 1996.
          C. The council of judges ruled that the organizing of the PDI
          Congress was an internal matter of the party which had to be
          resolved internally without involving the Court. As defendants 1,
          2 and 3 were PDI officials, the court was not competent to handle
          their case. While for defendants 4, 5 and 6 as they were
          government officials, the court considered that their case should
          be brought before the Court of State Administration.
          D. The Court of Second Instance of Jakarta, in its decision
          No. 726/PDT/1997/PT.DKI of July 1997, accepted the appeal
          submitted by Megawati Soerkarnoputri and Alexander Litaay and
          annulled the decision of the Central Jakarta District Court of
        
          
          E/CN. 4/1998/39
          page 30
          10 November 1996 which had refused to try Megawati Soekarnoputri
          and Alexander Litaay on the grounds that it had no competence to
          try the case.
          E. In its ruling, the court stated that, in organizing the Medan
          Congress, defendants 1, 2 and 3 had infringed the Party Statutes
          of 1994, and that defendants 4, 5 and 6 had broken the law
          (article 1365 of the Indonesian Private Code) by permitting,
          supporting, funding and facilitating the Congress which had
          resulted in the losses and damage caused by the accusers. In this
          connection, pursuant to Article 2 (1) of Act No. 14/1997 on the
          Judiciary and Article 50 of the Act No. 2/1986, the Court
          instructed the Central Jakarta District Court to proceed with the
          trial of the case.
          F. All the accused have appealed for a review of this decision of the
          Court of First Instance, which is still being examined.
          G. In conclusion, the allegation that the judges in charge of the
          case acted under the direction of a non—judicial element, namely
          the Government, is totally unfounded since the decision of the
          Court favoured the accusers against government officials. This
          fact confirms that there was no inappropriate or unwarranted
          interference in the judicial process concerning the case of
          Megawati Soekarnoputri.
          Regarding your request for the Government's permission to lead a
          mission to Indonesia to investigate and report on the state of the
          independence of judges and lawyers, I very much regret to have to inform
          you that in view of the Government of Indonesia's present engagement in
          the preparations for the forthcoming five—yearly session of the highest
          State body, the People's General Assembly, ahead of the presidential
          elections of March 1998, the Government would prefer to defer such a
          visit until a more opportune time. However, may I draw your attention
          to the fact that the Indonesian Government will, as always, continue to
          be at your disposal to provide you with any information you may request.
          As you may be aware, the Government of Indonesia puts high value on the
          work of all the United Nations human rights mechanisms, including the
          work of the thematic rapporteurs. In this respect, Indonesia received
          the visit of the Special Rapporteur on Torture in 1991, the Special
          Rapporteur on Summary or Arbitrary Executions in 1994 and, in 1995, the
          highest authority in the field of human rights, the High Commissioner.
          By the same token, I would also like to reiterate my Government's duty
          and corimitment to ensuring that the independence of judges and lawyers
          is protected from any unwarranted interference.
          I can assure you, Sir, that the independence of the judiciary,
          guaranteed by the State and enshrined in the 1945 Constitution, as well
          as all other laws are respected and observed by the Government.
          Similarly, the Indonesian Act on the Basic Principles of the Judiciary
          stipulates the principles of a fair and impartial trial and of the
          presumption of innocence.
        
          
          E/CN.4/1998/39
          page 31
          Finally, I should like to reiterate the corimitment of the
          Government of the Republic of Indonesia to cooperate fully with all the
          United Nations human rights mechanisms, including the Special
          Rapporteur, on the independence of judges and lawyers. It is my
          Government's sincere hope that this clarification will be submitted
          in toto to the fifty-fourth session of the Corimission on Human Rights.”
          Ob s e r vat i on s
          93. The Special Rapporteur thanks the Government for its responses. It is
          not within the mandate of the Special Rapporteur to question the correctness
          of domestic court decisions. But when such decisions are made by courts or
          tribunals alleged to be wanting in independence and impartiality, then it
          falls within the mandate of the Special Rapporteur to inquire into the
          allegations.
          94. The information received by the Special Rapporteur from various sources,
          whose credibility he has no reason to doubt, and the contents of the
          Government's corimunication leave several issues relating to the independence
          of the courts unanswered. An application by Mr. Pakpahan for a further review
          before the Supreme Court is pending. It is of concern, however, that he is
          currently in custody serving his term of imprisonment, despite being in
          hospital receiving medical treatment.
          95. The Special Rapporteur trusts that the Government will facilitate the
          carrying out by the Special Rapporteur of an in situ mission.
          Iran (Islamic Republic of)
          Communication to the Government
          96. On 2 July 1997, the Special Rapporteur transmitted an urgent appeal,
          jointly with the Special Rapporteurs on the promotion and protection of
          freedom of opinion and expression, and on extrajudicial, summary or arbitrary
          executions, and the Special Representative on the situation of human rights in
          the Islamic Republic of Iran concerning the writer and editor—in—chief of the
          monthly Adineh , Faraj Sarkouhi. Mr. Sarkouhi was reportedly a signatory of
          the 1994 declaration of 134 writers appealing for an end to censorship in
          Iran. According to the information received, Faraj Sarkouhi was arrested
          on 27 January 1997 after having been held incommunicado for several weeks in
          November 1996. Allegedly, he was tried in a closed trial on a variety of
          charges including espionage, which reportedly carries a mandatory death
          penalty. It was also alleged that he had not been permitted to appoint a
          lawyer and that the trial was closed to the public and international
          observers. According to some sources, a death sentence had been pronounced.
          Communication from the Government
          97. On 16 July 1997, the Government of the Islamic Republic of Iran provided
          the Special Rapporteur with a reply to the joint urgent appeal sent
          on 2 July 1997. According to the Government, Faraj Sarkouhi had left Tehran
          for Germany in November 1996 and any allegation about his detention during
          this period was therefore baseless. He was arrested on 2 February 1997 on
        
          
          >H r1
          cr X
          CaCa HJ J> CaOCaZOH
          tCa O JhhHWH OOOLo
          (D J J
          t
          H > J
          çLLf
          (Dhihi C
          Ca H-H-H hi cH-
          OR rt
          YcD
          H-(DH-
          (D Ca
          OhiDrt JH- H- h- 
          0
          hh(DH' hh 0H t J
          ci. Y —
          (Drtrt -
          hi hiLC rt
          (DN c-I- OXCO hi
          X
          ohicr
          hh(D(D
          (Dhi
          C) >(D cr(D(D(D Ca(D JH
          J o (D h-h- (Dcrca t LcD
          Cahi(D J J H- (DH
          C) .
          H
          aH hi JCa c i . ct ci.0
          H-( (Dh ' H- Q i
          C) TQ
          ØDO
          Oi t
          (DH H-(D
          (DH-(Dhi (D hO C hiO I
          Ca(D ci.0 H i.(D
          OCa
          
          h i B (D
          H-kz L
          •• Ca
          h1h 0
          Q JQ J
          t rt(DOOhi
          — ci.hiH . H- H-(D—2 Ca
          (D (D
          O rI-hi
          Ca H O(DC hihiH I h - CQ
          CaH- CaO 0
          ci.(D Jhi
          ci.
          0O0ZO (D J> H
          h1
          H-L_JhiH-
          >H-
          CQ J
          O>tH-H-(D (D (D0
          BH
          0O (Di. c-I-C 0H
          h- Ca (D H-(Dhi I JLO
          H-(D
          (D CQ
          H-(D(DQH CQ hici.c)h-Lo
          H-C) X ci. coh-Lo
          CQLL
          H (D
          F - ci.hiH- H-h-Q(D(D0H-Lo
          <(DH-O Ohi OH- —2
          >h-
          hihih -
          (D Cah- Dh- i.ci.ci. J
          (D hihi(DtH CQ th-(DU
          <(DH H(Dh-(Dt
          h-H J(D
          CaJH H
          t(Dh- hiH-Oh-h- J hit
          X (DC) H(D 0hi(D
          t H-
          h -hikz
          UO H-hiO h -H H- h-Ca (D
          hihiXhiO C h- 0
          (D (D 0
          hi 0
          tH U) I H-H O (D H-C)
          . hi(D< J hiCah-H-H-
          ci.(D
          iC
          (DH-(DCahi OO(D rI- J H-
          U) ci.(Dci.>
          ci.
          O H-
          DON (D J> O h- J
          zci. hi 0(D H
          (Dh- H
          hih- JZ
          H-(D0>0 H Dh- H
          ci. ZDDhiH-hi
          CaO J J
          h-
          (DCaO
          Jci.(DH-
          çn (D(D(D J rI- Jh- (Dh-
          CaQhiH- 0
          J H- t hiO J
          (D Jci.R
          ci.
          rI-Ca(D< J(D0Ohih-(D J
          hi ci.Cao H L (Dt
          hiD U)
          h- hi
          h-H- H-
          hi H-
          t JH- (DhiCa O (DH- t
          h - < ci.H- (D N (DCaOH-t
          H- (DhhiLOLO(Dhi t
          hhH- oh-mLoc i .o o
          çn
          H-h-
          tH-(D J Cahi H- 0
          00 OH (D —3 (D hi
          JohiX
          
          J(D
          H hi
          to hi Jt (Dhioci. ci.hi
          0 h -JH h ->Ca (D (Dh- (Dh-
          0hi>(DcDci. H-' hih-
          B H H-hi ci.(D
          ci. CQ
          < J
          hi JCaH Ca(DH-t 0t(D
          H CaCaH- kCH 0 X(D
          TCQh-
          t(D(D
          hi(D < J
          (D 0
          h-htNCa(D hici.oth- (D
          (DO (D 0(D(Dhi(D h- hi
          ci.o H trCahihihi
          hioo JH-rrH-.
          H- ci.H-
          0h- >
          hici.ci. Jhi h- o ci.
          t(D(Dhi O0(D Oh-
          hTh B
          OH-hi(D
          hi (D h- h-(Dci.h-h(D(Dh-
          çn tH-(D0 hi Z hi
          rI-H ci.cT)
          hiD hi
          JH-00 ci.H hi
          
          H h- (D
          H-h-t
          0 rI-Ca (D H H H-H-0kz h-C
          (D ci.h-H R B H”< H
          H- 0
          (D< L-J-
          (D(D
          H- 0h-(DH hiCQcB J hhH-
          0 J0 h-0(DCQCQ h- h-
          (Dh-
          (DR hi(D th- hih-
           . c1
          ci. H h- CaH J(D(D . a
          (D 0 0 H- ci.
          H- h->
          -h 1
          (D (Dhi0 ci. h-Zh-
          0H J
          (D Q
          ci.ci. H (D(D0 H-hihi H-h-
          (DC(Dhi(DL JhiH ci.
          0  Ca(D J- O Ca H-(D
          ci. h- ci.tr
          Ca rr L ç)
          H-H- U )
          h - h
          (Dhi (D JCaci.ci.h-H ci.H-hic)
          (D Jkz Cah- (D (DQ (D H- 0
          cB O(Dt
          atr
          Oh- hi hici. <
          H Ca0
          ( I )
          h-h Ot (D(Dhi H- <
          0>t(D JkC(D (D
          ci.(D hi
          D C )
          0 Jhih-th-Cahi h-h- JH-(D
          . > J0 hi hi hi
          Jh -
          çB J
          H Ca (DH-0 h-0H-H hi
          Ca CaH Cah-Oh-
          H-C)Ca(D
          CQ
          H ' O0hi > 0 B
          (D H-h-(D J0
          1(D ci.
          B
          (DCa
          (D
          B
          
          ci.(D
          0(D(D h- tH- 0H
          >ci.H-(DH-H0h- J (D
          H o
          o
          U)
           B (Dt
          LO
          H
          > H
          h
          çn
          ci. 0
          0
          H
          H-
          hh J
          h
          t
          C) th-
          Y
          çn
          H JJ U) U)
          U)
          t
          h-
          t
          ci. h- J
          0
          0
          H- H-
          0
          hi
          U) a ci.
          <
          h
          U)
          U)
          > çn
          hi
          c-I-H-h -h-
          hi
          tH 0 h-
          (DH U)
          U)
          h
          h-
          t
          hi U) tt
          h-
          B
          H- U) h-
          L-J- H
          to hh
          Ca
          h < JLL
          C)
          h
          IZ t
          U)
          P
          r- o
          cu °
          c-h
          0H 0
          HUh-
          B tH
          H- JU)
          D h - J
          <
          çn <
          U)
          H JXU)
          hi
          hi H hi
          h
          h-hi t
          U)
          hiH-(fl(D
          H- B
          h-
          çn thi C)
          H h ' 0
          h-h
          Ca 0
          0
          çn
          hi
          H- h-
          ci. H hi
          H
          <
          h
          h-O
          Ca
          t0 B H
          U) ci.H
          t
          h-h H
          hi
          hi0 (D
          0
          H-hi (D
          t
          tH-U) H
          h-
          h-h-hiH
          kc
          hi
          h- tr•
          U)
          0>U)
          Ca
          HU)
          t
          Bh- H
          0
          t
          ci. rI-U)
          Ca
          U) ci.hi
          U)
          h-hz H
          .
          (DU)U)
          ci.
          C)
          U)
        
          
          cXi JCaØH
          (D hi U) C) 0 0 0
          0 t h- <
          hi OH-hi U)
          Xhi< C )hi
          U) 0 h- H- U)
          U) h- 0
          < crH- U)
          çn B H U) 0
          crcakz Ca hi h-Hj
          crca LCD
          B U) hi H- 0
          crhi U)
          C)
          (fl U) cr L C
          t H- U) hi U)
          < hTh B t Ca
          Ca ‘ U) U) tr i h-
          o U) cr c
          C) hi C) 0 H
          H' B U) t LCD
          çn B LCD
          H çt Ca 0 c i. hi —J
          (D
          C) U) YU) B h-
          h-NO (Dhi
          Ht ci. U)
          < H Ca B H
          H J h- (fl
          Ca H- tL t
          h hihihi U)
          0 H- U) H C)
          Lc çn B H
          H- th-> J
          crCa h-h-U) < H
          U)
          c i . U) U) hi t
          U) ci.
          Ot
          B U) Ca 0 B hi t
          H Ca 0
          H C) H- ci. hi
          U)U)CaN) Xh
          Lc h-C JH-O U)
          U) H J
          (flh- J hi
          h- U) H-
          < i t Ca
          H Xh-H-U)U)
          C) H U) ci. ci.
          h-H-H J h-
          H H H- tr h- X
          H- Ct U) U)
          rt B hi ci.
          O Jhi hiC)
          hh hi R H H- B 0
          < LO rr
          h-
          o C) hi C)
          hiOO 0
          h Ca H
          hiU) 0 C)
          hi h-C) hi U) C)
          U) . C)C)h-
          • Oh- h-OH-
          hh 0 X H hi 0
          hi 0 ci.
          H H
          rt hi h-
          çn > 0
           :
          H-H-(fl
          C)h-t
          H- (D
          B C)
          hihiH-
          R (D J
          
          H J
          hihi
          ci.
          Z t
          U)h-t
          OO
          R hi
          Bh-h-
          Y(D
          (D
          hi
          t
          Bhi
          hiU)
          
          Ca J
          CaH-
          
          U)Ca
          
          h-C)
          0
          O
          h-bC)
          U)
          H hi
          
          >(D
          :h-
          (D J(D(D
          CahiH
          ci.C)hi
          H” 0
          h- > :
          tU)O
          OU)Ca
          h-b H
          >:h-ci.
          h-H-
          tCaU)H
          (D H-
          (Dt c
          H-CaOU)
          Ca
          :OH-h-H-Cah-H hiCD h-
          h-U)H h-U)H H-
          OCa U)H- H->:0 0
          trci. U) H-C)
          >:h- U) B L h-h-
          OOHhih-h-h- tO h-b
          t OH- 0 C hi
          H tU)H OH-hb JU) 0
          i.H LOH- Ca hi
          J I LOci. CaH hi
          C)h- —DH- JU)H h-
          tU)h- (D>:tLo t
          t O Jh-h-ci.R H Lo U)
          Oh-hi H-O DkZ 2
          H- CQ Thi 0
          U)U)U)kZ h-R h- 0
          h-  :CahiR
          Bh-
          Ca H-OHt
          (D hi (D tO
          hiH-U)H- LL (D(D
          H CaH U) J
          OU) CaOh-hi OH Z
          h-b U) H O JO U)
          TCaU)H H : (D(D <
          h- (D >tOhi J
          Oci. > :H-H- h-
          h-bhi t C) t
          Dh-H- h-U)Ohi
          tC) t O
          h-h-c th-bcflU)h- <
          O H H-
          U)0 Jhi th- ci.
          H Hh-H-U)hi (D
          U)ohi Jthit J ci.
          J DH-U)Ca L
          ci.H-C) hih-C Ca h-
          U)h- H Ca
          Jh-bOci.H-H-H-H-h-U)
          hiH- C)h-
          tX i.<< h-H (fl
          JO U)U)OU)LOt
          CaCa ci.LoU)
          H H- Oh-h- —2 0
          H-Ca h-H-H-Z J H-
          C)h- LL L (D >:cB
          hiC H J C)H-H
          H- c D F - ci.h-h-  :
          CQ
          ci.h-(fl
          U)H-O
          h-C)
          C) H-
          U)h-U)
          H-h-
          BO <
          
          ci. iO
          
          tH-
          h-Z
          R (D
          
          OR
          h-b J
          hi
          H-H- > :
          h- J
          CaCa
          h-
          CaU)hi
          MU)
          HHt
          CaO
          h-hi
          ZU)h-
          (D (D
          C)ci.
          :
          h-Ca
          
          H-
          th-
          BCa
          Ca
          Ca
          h-
          0
          0
          ci.
          
          t
          hi
          
          H-H
          
          LL J —
          ‘.ci.ci.
          <
          H-
          C)
          U)
          H
          C)h-
          U)
          
          h- J
          hiCa
          U)
          B
          H
          >:CQ
          c O
          Ca
          C
          h-b(D
          H-U)
          hi
          U)
          Thi
          OU)
          t
          TO
          U)hi
          ci.h-
          U)
          Oci.
          
          h-
          O
          
          U)h-
          Oh-
          C)
          C)U)
          çn
          CaO
          H-
          O
          H-
          C)
          B(D
          
          ci.O
          h-b
          h-
          tZ
          hiH-
          U)h-
          
          h-O
          U)
          Q
          (D
          ci.
          >rn
          H-
          h-U)
          thi
          H-
          cD
          
          çD
          h- .
          th- J
          ci. Z
          hiU)H J
          U) Nhi —
          > :Ca JH-C)
          ‘Oh-
          
          hiOH-
          C)
          U) >:C
          hi JO
          U)Ca
          X C)
          hiU) J(D
          • hihihi
          hihi
          ZU)U)H-
          Jci.Ca
          hi h-
          H-h-U)
          Oci.H
          B
          HJ J>:
          Ca <
          Ca ci.U)
          H-h- hi
          
          
          U) B J
          ci.Hhi
          LL c
          B T(D
          hici.O
          C)
          O J>:ci.
          hiH-
           :
          h-h-O J
          o Ca
          hi B
          h-X J
          O H
          hi  ‘ ci.
          th- J
          H HUh-
          C)
          t
          
          tC)U)
          U)C)hi
          OH-
          H hiH
          c Dci.H
          h-HcD
          U)
          hi
          H hi
          U) Ca
          
          U) JH-
          ci.h-h-
          
          :
          Y
          H
          C)
          t
          t E l
          cn
          U)Z
          J
          co
        
          
          H-Hj
          CaQCaH
          r rtH
          > I OH
          (DCa0 H
          XX - cL JH
          H
          0
          JWrtrtOCa
          ttt
          rtO H
          t O
          hit c
          tt h- c
          t tLtDh -c
          C
          rr
          t H
          hi H-c
          B (D LCD
          Ht CD
          cD t (DLJ.hi L 2
          O rtCE
          01
          Ca
          B CQt H-C H-cr(D B B Thi
          Q
          .
          LL
          H-hirt.
          C tCQ
          Ct
          hh
          ct(DN) .
          çt JC
          H OH-N)(D•
          H JR ' cDhi
          N) Q J(D.
          cD Z
          .
          (D
          hi
          ctr1-(D Jr1-0hi hi rt
          H-
          (DZ
          (D
          BH-
          (DH
          hiC)O(D(D It
          00 Bçt
          <
          O H LIt(D rt(Drt(D
          C J
          (DH
          cr
          0 H
          
          t H
          t J
          BH
          
          (D Jr1-cr C JH
          CaçtH-
          h -H-H
          
          H
          0
          çn
          1 t
          hi thi J (D crh-hi
          1 t çn W J(D (D
          1 -
          H
          (D
          <(D
          H H (D
          LJ- JcL(D
          H-H-0 (D
          H-H-H O
          H-
          0 tH-O J >cro
          LCD
          ctrt(D
          H-
          Ca
          H- H- Lo
          cr
          0
          X XD Dhitr ØH- hi
          LCD
          hihi
          t Cfl
          O JCn
          2. N)(fl
          (D t
          H H Lo çtH-
          çn
          It0hi hihi ortrt(D
          C D
          It(D
          rt(Dtrt
          cntt
          H t1
          >CIt l cD
          HH J0Ca
          it
          Ca
          hiCa0> 0H-< 0
          -
          H-
          O J
          t (D(D
          (DH (DO
          rl-t(D
          H-(DC)
          (D(D (D
          
          i t i tH- LOR
          Ort(D(DLO hh
          00 hi
          JH Jit
          (D
          hi(D(D hiH- C (D hi
          B 0 i tH hicLH-(D
          LCD
          H H-
          (D H-
          0H H-
          (Dhi H-
          0 t -2 rtH-
          N)Ca t
          It
          hi hi
          H- H-
          :t
          kc (D (D cr i tca 0
          H-
          0 (D JC hi
          çn
          (Drt
          trt
          TCQ
          it(D H- r i-c r 1 i-
          t cr
          hi
          (D
          hi J t
          itOR B
          J(D t
          Ca B
          rt t
          cr B
          t cth-H-H-C)
          (DQ>(DOCaOO
          B J tr
          hihi (Dhi
          0
          0
          B(D (DCa ZOCaOrt
          B• OO
          hi
          0 > C (DC Ca(D i tcrrt t
          Ca
          tthi
          (Dhihi
          H-(D—Jhi
          i t(D J Cahi
          h-hhi
          ItO J BO H- tX J
          cr
          H-H-
          H-t(Drt
          itH (D
          rtrt
          (D
          Ca(D it
          Ca (D
          hi (Drt (D J(D
          i to cH-h-crh-
          JH J it
          H-N ) H
          (D
          hhCart J OH-(DH-it
          tt(Dhi
          lrt
          H-crc
          h-h
          (DL Jh
          hhCaO H-H
          C J Brt
          Ohi (tCa (DC Ca i t)H-rt
          Ca
          H-OH-hi
          Ca J
          H-hhhi
          NO
          cr hi
          cr(D
          0 (D >O J
          hh i Ca H- >
          Ca B>O
          iththiCa
          it
          Cahi(D (D(DtH (DOCa
          >. tcr i OH-Cahi J
          rh CO
          (Dhi
          rt h-h
          thi rtCaCO
          h-hrt rt
          0
          (D O(DH QhiO O(Dhi
          H-
          CaH-
          ci. çn
          t(D(flH-
          I t(D hi '
          i t H-H-
          h-h
          hiXhiC) Ort hh(DhiR W
          it J
          (DOrt J
          H Ca
          (DCatH
          t(D 0 H-
          t. Ort(D
          (D
          tH-
          h t
          hh(D
          (D(D
          t J H Ortrt
          (D H Ca
          LH
          c r (DCa (D (D c rhi (h OH-
          cDt
          O JCa
          B o cr
          (Da O Ca
          (D C
          (D
          hicrH-cn Ohi (D (D hi
          H-Ca
          hhH- H
          hi t(D
          h-Ca hi
          rhrhCartrt(D Ca
          çn rh CO
          H rtH OH-
          1 <
          Ca
          t
          t D Ca
          O
          Ca rt
          cD B(D
          Oh -C)
          0 hiH-(Dhi
          tH H
          ci.tcDcDhicD
          hi
           <(D(fl
          (D
          (Dci.H L hih
          t i
          itci.H-
          oh-h-
          h- h-
          CaC)(D h tXO
          CaCa ti
          Ca
          C)H-(DCahiCaCaCaXH 0
          H O
          H-hi
          X• (D
          çn C(D
          CD
          çB(D
          (Dtl(D
          H- O  (DcDtl
          cDt H ti
          c DH CaH t
          cDh-cDcD
          .
          (D h> (Dci.h-hi hi
          (D H-h (D cDChi(D
          Cahi
          LOtO
          h - c D
          O
          ci.Ca(DH-(DhiH-O
          hH-H- t
          hi (D i t cDocDtrcDcDLJ
          (D
          hhci.
          CDt (D
          H
          H
          0
          h-hitO
          LC
          (Dh-ci.(DcDCa h-
          O C ti
          hH-(DCO
          (Dci. tcDtH-h ' h-
          HUh -
          C (D
          HO
          I (D
          H O h-
          hi h- OcDO t(D
          (DO
          J(D C
          t i
          L H-tt c Dhi
          hi(D
          c r H-CahiH hiH-H c Dci.
          ci.
          h- 0
          (Dhi
          tOH
          (D CahitH
          OH- rh
          Oh-c. Ca(Doh-ci.
          H-
          H-Hz
          h-
          (DO
          ci.cD OH cD
          hh HCahi
          h-h-H-s > (D
          H-
          O(Dci.
          ,
          J C
          tci.C)H-
          hi
          0 O X(DO
          ci.
          (D
          H hi
          ci.t(D(DCLH
          h-H- ci.
          > O hihh c Dci. c D(Do
          h-
          (DcD
          B >
          h -H
          O(D Ca c D
          OcDOhi
          CacD L (D tH-Ca(DcD
          C
          O(D
          h-hit
          OcDci.
          hi
          H-H-
          R
          H-O
          > J(DCah-
          H- t i
          h -H hi ( D
          >
          h- OCahi h-tlCa Ca
          J I t cD t(DCcD (D
          H
          C
          hhH
          •C) O
          H
          i t O O(DJ H
          hi
          rt
          LL
          LCD
          C (D hi
          (D i t hiR h H CaH
          i t
          t
          cD LO
          <
          0 CaCa(D
          .
          H-
          OH-
          —2
          I h it
          çB>H- (D
          hi
          Ca
          .
          O 0
          ci.(D
          ci.
          
          
          H-h-Q000 (flH
          
          h- h-H
          
          0
          tr
          o o>tH hicrcrH
          hi(D(DJ JH
          (DO1
          Ca
          H- cr OO H h-h-
          (D h-H h-H-0 .
          Cau JH-H-tH-
          .
          rt(D(fl
          (D
          hi
          (D t < J J(D(D
          h-hiDH-H h-crcr
          h-ti
          thit
          <
          h- H-O N)0
          0O H J H
          (D 0
          h-
          rt0hihiO C J
          BH- 0H- rt t
          (D H-cD
          H-
          H- hiCaZ
          H J
          0
          rttlH- OC N)
          H-H Cah- 0t
          hH (fl
          tH h- H- < JcD
          o (D(DOh- t1H-
          B ti
          Ca
          (D(D I H-t(D
          Ca 0 OCa
          Ca J(D £ Ohi
          > t(D
          B JQ
          >CQCQ
          rtH H-
          t (D (D (Dhi
          hi tH-Carthikz
          O 
          h-hih-Oh-CathiO
          Ohi
          (D aD(D hi
          Oh-CaH H-O(D
          -rt t
          1 (DH H ” <
          U) <0 H Th
          (D J
          H rt Oh- LOLO
          h- cLH- L-J-
          > J t
          (D h -H- LOW
          thi (D cLhi
          (D hit1
          (D Ca h-HcLH-(D
          hiCa 0
          B t(DH LCD
          Ca t0 ttH-Ot
          (D > çn hi
          H C(D hi H (D H-W
          (D Jhi 0 (D (D 0 JO
          CaH-(D H-h -hi
          (Dtlh-
          C)hitl(D
          CD
          hThHØO ØH
          B ThiH-(fl J(Dh-
          t(Dhi
          H-h-OH h-O hih-
          cDh- tH c r
          BcL (Dhi
          hi ( H-h-
          Q J
          h-kz h- J
          Ca hi hiØtl
          Z h-Ca OOU
          
          h-cD hh-
          H-cDt Jcr (D (D
          (D (D
          hiH-Ca c
          (Dh-(D (D(DCa(D
          hiH- (D hi(D0
          H- Ca
          (DOh-h- h- H-
          hiR J (DO
          N Ct
          Y J h- J
          CaH J(D0t J 0
          • L hi(Dt >
          W h-
          L J
          hhCa J (Da J (DOH
          hi C)
          hiCa OcL J
          (Drt(D
          (DW cØh- c r-h- t
          B J Bhi CaH-
          thi h- Ca
          B
          Ca0h-Ø
          (D J O
          CaO<(Dh-0(Dtl
          t cDc rcD JH-Ca
          H-JO
          h-H->(D to ti
          OCatI cL H-
          hi(D<
          O 0H hiO (D JO
          Ca hiH-hi <0
          çBQ (D
          (D h-H hi
          H-H (D LL (D
          h-oCat JCa
          Øhi
          h-H O
          0 c r (DH (DH h -
          Ohi U) (D (D(D
          H-m(D J Jh-h- —
          H J<
          o hiCa H [ t
          I hi(DU)
          c r c rh-cD Jca Jhi
          h-h-h- D -
          0 hi
          h-H” C t
          tH-H-hihi JO
          OH h-
          0H-h- > H-hi
          h-hi J(D(Dh-Z
          <(D
          h-t J (D H-O (D
          oo H ocrH- .
          (Dh-(D
          H JCa (DH 0
          H-cD
          hih- O
          h-(Dh- hih-Ca(D
          (D 0h-H-HLQ
          (Dh-hi
          Ca C t (D H
          hh OR < H
          hh (Dht . BW
          hi
          (D H-H-
          (D H- J Ca hi 0<
          H-Oh-cD O(D
          cDH ocroH w
          crCah-
          hi o h - c r
          0H (D hiH m
          h-H hi a (D -
          h- J Ca
          
          h -hiH OH h-
          Th- JH-H- H J J
          H- 0h-(D J C J
          • (Dhihi
          0 H J h-
          H hi hi H-H hh
          (DO
          H-htO < LC tH-
          O(D(D J(D> H
          0
          Ct O(DCaH-(DCa
          >t Ca hi çn
          I OCt < JCa N)
          Ca
          H (D
          tLH (D <
          B >hi(D H
          hiCa Ct
          tICt• H-H-
          O
          LCD H-
          WH-H
          —2Ct(D
          O>H-OCaCt H
          cr JoocDcDH-
          Ca(D CtH
          H- crtIhiH-
          B
          
          Hhi Ct JH- tcr
          >Ca CtH-
          OCa H- hi
          
          C) Ct Ca (D (D
          H hi c Jcro t
          Ct
          (D YH CttI<
          Q (DO(DCt(Dhi
          t
          CtH Hhi H-OhiU)
          ci. tI (D
          (D
          B Y(D (D H
          ht(D H I t
          crhiccD crCao
          OCt WCtO
          0
          (D Ca OOH-U)tI
          Ct cL-2Cthi
          0
          <
          0H (D  B Ct 0
          J 0 N(D(fl
          i.H O h-ti t
          B B H H-hh
          (D < thi (D
          H >
          c rDcDcDhiC)
          W J H-cr hThXZ
          Bhi Ca BH-
          Ct hi(D0O JO
          HDH- tIH-hiH <
          >t H CaH J
          H-tI (DU) H
          cDcrhiCa Jhi JcD
          CtocD cro
          hiD B <
          hi CaOCt CtCaC
          thi
          OCtCtH C) B
          hi H H-H-U)
          (D OXti
          BO (D JO Jhi
          h t Jt
          hi hi
          hi H-hiD H O
          R tIhiCt CtH
          0 O(D Jhi
          CttIOCaH hiOW
          (D (D LCD
          o hthiR Ct
          H J (D Ca (D
          LocD crCtoCt—2
          Ca Ca H-
          LCD crH-CtcD -'
          Ct0CaCt Jhi
          2XCtCahiU)H-U)
          H (DOH-
          H-C (Dhi< Ct
          Cthi O J> J
          h-C) (DC
          H Ctcrcr cD
          H-
          CaCa
          Ca (D B H J H-
          LC H > H- 0
          Ct Ct CtC CtU
          H-H-O t
          hiCt (DR (Dt
          Ct J0 hihi
          < tCt ci. crc
          -‘ J H Ca 0 U)
          (D Ct Ct 0
          (D Ctcr t
          O (DH ZH-
          h-H- 0OU)
          hhH”< (D m(D çn
          X O T Ca hi
          CtH
          Hhi> C (flH-
          B J (D H-hi
          H Ct
          H (D tO t
          B cr cr
          (DhiO (D J
          BCa(DCt(D0Cat
          :
          BCt
          h-hi
          Ca
          0
          (D
          Ct
          (D
          tiL l
          çn
          CD
          Lfl
          co
        
          
          t E l
          çn
          (DZ
          co
          C
          0
          H
          C )
          çn
          H
          0
          U )
          0
          (D
          0
          0
          (D
          hi
          (D
          C t
          J C tH- C tH
          CQOCQ 0OC > :(fl H
          (DhihOJPJ ' BH
          crcD (DO
          (D B crca t LcD
          Ct
          JCthi Ct .
          H- (D C thi (D O
          cLH-(D 0
          H ThCQ B 0 (D hi
          cr  :
          HH-h- (D
          U)Cj(D N : (D(DhC)
          (Dcro H-
          >:
          R O H J 0
          (JJ U) H- H
          hi (D C) U) hh hh B C
          t(Dhh
          hh h hihi (D
          C) U) (D B
          O J(fl U)OOhihi
          hi H PJ'(D Y(D (D
          H-H- hit
          H U) U) t H
          B 0 U) cDt
          H H- 0
          ct Jhi
          B U) oIc O J-H LO
          H-H-hh kz LcD
          ocDcDjc1ca cr -2
          tO hih
          B hTh B L(D
          hicrN J HH0
          H- -hi rr 000
          t Ct
          :cLtU)U)h
          Oh J (DH t
          C) hh U) U) U)
          0 C
          
          H- (D U) c r c H
          H-Ca 0 hi• C) H O
          h- hi çn (D 0 (D hh
          0 c r
          hhiU)U)tU) hi
          O h-U)H-
          (DH- U)tt crU)X
          CQ ci.
          c r LcLU)OC)H ThU)
          Q
          . tH- N
          U) H-
          C t OH U)O hiH-
          hi B cr0
          U) -h 1 (D H-hi (DC)
          h-
          U) rtrcrh- O
          (D Zhi
          H-hiH H-H-CO
          i H-U)hi
          U)U)LO JH :U)hi
          U) Irhi 3 H- çn hi
          
          U)hCThDOh(D JO H
          O U). 0U)0 (D
          t
          cnocD JcrcD t L
          OO I >: (D' (D H-(DC
          -1
          P3'H H t OO(D(D
          > : C t Jhi h J hi
          0
          CQ CQ
          H-(Dh< Z H hh
          0H-(DO h UJh-h-
          çn
          <(Dhi OH-U)hi OOhi
          ff
          h- U) cL0H
          (Dhi Oci. U) O <
          S
          N H t > :O cr (D OLO
          CQ (D H- OH T
          t
          (D H- (D LO
          O Q J(fl C)—2
          h- < HO WL_J.OXH
          H J I t O LO(D (DLO
          T)
          H-H (D' h-H i.h- U)
          U)Ø 3i. J H-m0 N w
          0
          3 3hi
          B (DhiH- h -C) h-OH-—2
          <
          tU) w 3U)H hihcr h-
          CtO 3 L hiU)U) (DC) '
          t
          h- cDhicr (DU) H-
          H- U)U)U)hiU) OO O
          -1
          
          U) B tO hi U)
          
          0 hiC OhiO O h-
          00
          U) hirH : JH-U)t
          hi cr crCtOcilrU) H-
          BCQ H- (DR TCa0hiU)
          TCt i L H- U)U)U) Q
          H-N 0 ci.U) H
          cDt C tU)tr H-LQ oc rC
          crhi U)U) 3 U)OU) t
          (D
          O OU)U)hi
          (DO (Dhit BH JJ
          hh . tU)C Oh <
          OU) : HJ 'C Ot
          H- hhhi (D (D U)H t
          h-OU) OU) 3hi 3 3
          h- c roca J 0
          • cr U)U)U)Oo :h-ZQU)ci. hihi
          OCC H-0U)NhiU) 3
          Bhihi
          htU)U) J I J (DZ h-
          cDt hiU)H O J 3 WU)
          ot c rU) Jh- LHh-
          crU) U) tU)hO 3
          U) crh- hiO'U)(flU)
          . iti. i>: OU) hihi
          hihiU) H JOt 3'U)
          H t H”<>:U)O .
          hi U)U) J Oh- Bh-
          H(fl B NhiC)h-
          OOOhiU)LHH. hihi
          h-hiP H- O
          thi U) HJhi I 3 B
          Ohi hi h(D0
          3tr o ohiU)U) N
          H- 3U)h-hi 3H J 0N U)
          Ohh Oh- C)
          t3H t OU)Oh-O 3
          U)hiR UJ.O ZO
          hih- O 3 ' U)hi H-
          h- JNcr
          YH H- — U)crcr hi
          OU)C)hih-U) crOh-
          h- Oh- H-hih-
          (D
          (DH- U) B J 3U)
          hihi OU)'0 hiP 3'
          o tcr H-hi:o
          (DU)U) B (Dci. h-
          h 3h L D J
          U)crh- > : tU) H-
          H-h-h- J U)U)h-U)
          h-h- ttci. O HO
          U)U) U)OO hih-h-
          t U) H- t hi
          çB J H-U) Ca hiU)C
          crH- Oh-
          crh- > : U)o h-U) (DU)
          U)U)>:Wh-U)O>:h-
          H-H- C) ttU)hi
          çB OJ Hci.hh BO
          TOh-hiQOQU)OO h-
          crH- U)H OH U)
          U) U) 3hi 3 hi O
          (D hi h-
          (D U)U)c r Oh-hi J
          otrU)U) t
          3h-t(DH-tC U)0 t
          h- (D (D U) (D (D
          t0 U) OU JcrcD h-t
          0 H' h-h
          i.(D U)(D YU)
          0
          U) C) (D 3
          Lc hi
          (D h-
          x
          U)
          N
          H
          C)
          0
        
          
          C
          0
          H
          C )
          çn
          h-
          H
          0
          U )
          h-
          0
          h-
          (D
          0
          0
          (D
          hi
          (D
          h-
          crhi hi tcJ1
          Z ‘ JJh-hi(D
          O>(Dhi h- J
          < hicrcD H
          (D(DCOH-hiO 0
          hhO
          rr > L H-
          
          hi U ) JrrH
          (DO (D
          H > JhiH- O
          w )th- Ca J(D
          WCO(D Jh-H C)
          - h- J (D
          • (D>h-H-
          OC
          h-C Ohi J (D
          ‘ (D U) hi
          h-hiH J >c i .X
          H-U)h- J OH
          JCOCOO w
          H- < JLo
          CO H-h-rrh- —2
          
          hi L JOO J
          U)U) h- H-ci.h-
          £ h- LL t
          
          U) U)hih-
          Cot • hi (fl
          h-hi(fl h-hi Jt
          U) OU) (D
          CO C)
          h-U)hihih-H-(flH-
          t U)J ci. J
          U)C U)U)U)H
          CU) H-
          t Uh- 'I
          OhiC h- Y J
          H h-OU)h-O t
          H- H-U) t
          (nO
          U)COh- h-h-U)hi
          H- h-
          JC tOU)H-U)
          O
          ci. ci. (flhihi
          BH O
          t c Lhi t i h-
          hiH-H-U) hici.hi
          OO Oh-U)< J
          N).
          (D COH-O(DcD
          COtH-O (D
          CO(DO(D J ZH
          U) H O
          ci. • 0 h-<
          çn hhO (D J
          Y ci. ocD ci.
          H- trci.
          CO Jhi(D(DH-
          OU) ch-Nhih-
          >h- H- (I) H-
          H- (flCOH-C)H O
          COhith- Lo
          Y(D(D J h-LO
          OO CH- —2
          h-U)H- < h-
          OHJ >U)U)h-
          COH-OO
          COU)COH-h- JOhi
          CO O Jhi h-
          H-h- LL R O(D
          OOhi (D
          U)ci.tH-hihi
          
          h-H-H”t J
          (D O JOt
          hiU) ci.Cohit
          CO hi(D h-U)
          h-h-c i .hiCo J
          H- (D H
          OCOh-tO
          
          > h-U)hi
          c1 h-h-
          H- J J0 (D
          o cCo ci.U)
          tH-H-H-
          Coci.U)h-h-
          h- ( (D
          (D J
          h- h-Ca
          H-
          B BO
          h-
          LO(D Jt tC J
          çn h-hiH-(D.
          h- (DO J
          tCO J hiH
          (D(D ' J(D 0
          H- I rt
          H-ocaci.oci.o
          ht h- 0< N)
          ci. Jt oh-
          cDX hiO
          thi h J(DZ
          U)• XCO h- 0
          H-W(D O<
          I COO J CU)
          (D H JhiO<
          hiH-H hhcDrr
          O J H I hiU)
          (D oH-(n
          t. R OCOt
          0 O h-U)
          CO h- hi JO
          Hr > >h- H-
          h-OO J c
          H-C COOOH
          OO hh
          hiU) J t
          ci. Htilr J
          h-H-C H JU)t
          O U)U) t
          hi H JO
          t COU)COH hi
          Oh- ci.h- h-
          H OOH J U)
          H- hhR O
          Oh- h-hhi
          
          (DO Xh-
          0 hih-ci.ohi
          hhCO H- Y J
          OU) O J
          h- hiH- CO
          thiCaci.h-
          (DO J JH-
          U) h-oci.h-
          tl OU)H- h-
          X hiQ (D
          LHh- cci.
          th- hi
          OU) h- J B
          U) hi
          B hiU) CO
          h-COhiU)CO(n(D
          tCO JH- O
          U)JH h- c L (DO
          HDU)H-
          - H cci.
          h- U)h-
          ci. ci.
          H->t 0 hi
          OJ J> LC
          H-COhiH- U)
          B h-h-h-
          hi h-
          (D
          O(D OtCaH-hi OO .
          tH- L-H t OCahi(D
           U)U)K H hhU)
          Co U) i. ci. Lo
          h-X hi h- H LOH(fl
          
          COU)
          OH JOhi Cot çBO
          
          t U)hiCThD B
          h- t O c L JH-H
          OU)H-h-hi h-DH-
          
          h-h- OU) J H c i .CO J
          thih-Coci.>toN jt
          U)U)COU) (D (D JH-t
          h-U) ci.O O
          h-H-C>Ohi Jh- £ hi
          >COO J OH O Wh-
          Oh- CO h-hi JH- (D
          B cB> >h-
          H- hiOLoO
          BCO C- tCO LO O J
          H-> Jh-hiO 010
          t>
          TOO Jhihi h- J
          h-U)R HOH-h- H
          hi c LU) <(D
          tH-
          OHOhi
          hThO
          tCOCO
          h- U)
          t O
          U)U)Oh-
          
          LJ-hi J
          
          ci. O
          H- H-O
          O(DC)
          H-Co J
          Bh-h-
          hiU)H-
          
          
          ttrHJ-crhiH
          (DOOC) H OHtJ N)
          hihi J(DN)
          hihiH-H- hh (D (DH-
          I h- 0LO 0H
          ( nH-(D ' C) H- (D
          CQt H- it t 0 hiito
          HJH (D it . H (D Øhi
          i t (D (D - ] (DLO
          t hi. cm 2
          itU)(DH- t trth-(Dcm 0
          R cm co(D  > J . t <
          Dkz t J < itX cmit(D(D
          (Dhi C
          Jt (DU J
          (D H CQXH-(D(DCQ(Dhi (D Bhi
          H-C)0 t
          cm . cCQ0H
          hi hi J (D
          cm hiC)
          ithiC) J
          thi (D J > Jit I: Jhi h-cD
          H- (DcmH-hi
          Q . 9H- (D Jhi Ti iit
          ca n -cm çBkz
          Yit itH
          it JC) 0
          (DH-itO H
          H-(n m it it cmH-CaCa
          cm H J tC)O i (D Ca (D
          H Jit JLO
          ( nH-H-itH-
          U) it tcD
          cmH-hi Cah Jit Jitit
          it (Dt'
          it H- H- H-(D it'
          t H- 0
          t (D
          hi (Dh hiit
          0 (D N J(D H-Hcm
          0
          Bhi tR cm(nH- >Ca
          hiD(D
          cm t
          H- > Jcm
          Ocm JCaitt (D >H- OR
          cmOca(DhiØ
          hiH-hi OH- Ohi JC)hihi
          (D hi O
          Ca L it
          mQ CQ<
          Ca'. hi (D(D (D (D
          t O (D
          it
          >hicm H hi
          ci] itcDcm hi< Oa Jh-
          H-H-cD (D
          itH-(DQOCQU) it(n
          itCahihiit
          (D(D(D O H- cn t
          H- HJ rr CQH-t(D(D
          Yit (Dit(D
          H- it(D
          itit' cDhitititt C)
          t i H-hint
          Yit cDitH H-Ca(D H-
          O hiU)
          0 B (D J B
          (D
          hi H-cD C) H H H
          H- cm
          (D hh
          C)
          .
          (D
          C
          HH-H-OXthiC)itH
          H C)it>caC)oitH
          hhLHcm>
          ttt
          0
          O itO cDN)
          O JcDH-
          F— cmcm
          > cDH-O cr
          hi>Cait
          C
          JH-cDN)H JcDit .
          otcoca . hicD(n
          C) C)hiCaH Ca
          HC) it H-
          kz t
          tcDH-
          (DZ
          .
          B JcD h-
          hiO HH00
          H-hiit J
          C J
          H-
          rh- zcDH cDttH
          h it (D H
          CacD
          cD--
          C)
          JH-cmohiLocmh-hi
          c1 hi L C) Y
          C a
          H
          i
          cm cD< LO (D
          Jitit(D it(DCThD
          Hhi(D
          LO
          h
          H
          LL cD h-O J
          C) >' O cD
          OH- cD
          H-J JQ OC it(n
          itO (DC)
          hihit
          LO
          co
          0
          tcDrr 0
          Cah cD>t
          (D (Dhi
          -
          H' (DH-ititC)Cit
          it cmH-it Jhi(D(D
          cB JH-
          C J
          U)
          U) hiC)O OO
          Bit (D H (DC)
          Ca h-h-
          LCD
          h- t (D (D
          O (D H H-
          O (D <
          hh
          H- H (D hihihi
          . (D Ow B
          Jcm
          hi
          (DL>it ( nitit
          C- ( nhiOitH
          Ca LC
          0
          h- LO J tt cm
          Ca H- H -J
          çn cm
          (D ( n 2Ca (D (D J (D
          hit hiC)t J<
          H- CatCa (D t
          itcmh-hiH J B
          cmcD
          cmcD Jhi
          h-
          (D(D B H-tcmcD
          H-H-(DCa cDt
          n l-cm
          Y
          CaD > JH H
          c Ch- (DO
          C) h-hiOCaH-cDh-Cah-H-C)
          H L Jh- <
          tCah-
          thi cmH-cD H-
          it cD cOL J-cD
          (DO
          (DOt ooX
          h-H h- Ohi H
          OcD JtrH- hi
          cmkz cacDcm1
          thio
          tcDH-O
          çnCn h-NH-
          hiC)
          cD C) h-hcm (D t
          Jh- Jh-O h- J
          tO i ntC)C)
          t(D hiH-O
          (D(Dt
          Ca hi
          hiOit hihi >t
          00 . cD J
          Ca iO
          H- HcD (Dhi(Dt
          CaH-(nO CahiC)
          HUh-
          h-O C)t JcDO
          C Jittr Cakz cD
          cacD
          H-H J cD hi
          h-DC)
          CacDCah- hi it
          tr cl-O t
          t
          Oith- (nH cD
          H D H- cD
          B H-
          rrØOhicD tLO
          (D J JcaHcm
          h-(DO
          (DO cD hi
          hTh< H-t [ tH J
          tC)N)cm
          TtOcD(D J
          Xh-
          O (Dh it - hi
          hiO hih-h-
          hiH- >
          hihi C cmcD
          (DhiC)Zhi Jt
          . O J
          (D cD BZ C)
          Jh- (DO (D < Jh-
          Ca
          CaO • cBNcD
          Dhi < Dh-
          ‘ (D
          it (D (D J N )H-
          cm cDcD cD
          ccmt
          H- cm <
          0 hi H- hi C) hi
          hi hi
          (DitC)it H C- cD
          > CThDO(D
          cnitO
          JtCa wCa Jcm
          ( nOCacDh-wO
          N hiC)C) J
          BH-
          m H-
          Oth-' (D(Dhi
          (nh -cm
          t Ca(nh- D J
          hhhi hicm
          t cD
          him hi
          (D(D it H
          cDh-cm
          cD hht(D -]L_J.R O
          h-Ca 00 cD
          H-
          C Ohi 0 hi
          tCaCaH c <
          cDh-
          (D Jhi(D
          (D (D (DH h-h- (DcD
          t
          hi hiLO J
          cmC)O
          cD
          C L-J-(DH- LOit
          hi >cDh-H-
          TXhi
          O J cBcDH-
          hiH- tCaO
          (DLH(D
          hicmCcD H 0
          H H-H- (DCa
          çn
          hi 
          
          F- 0 hhh-t t1
          c i rr o o
          C J Ca hi crt
          • U) cDt
          hi H-hi tr j
          < 0(D
          H c h-(DZ
          o rt (D (D
          H Ca >
          c i . 0 H-h- J
          H hiØ
          h- Ca H-h-hit
          (D h- (DH-
          cB(DCa
          rt hi h-cD
          (D oc r
          t< c1
          (D (D tr j
          o hihi(Dhi
          CQ C)H
          (D 0 çn H
          hi
          (Dh-(D(D
          (D
          Ca0h-
          h- H- hh
          C)
          W H-H
          Ca oh-Cat
          hi (D
          Jhi
          O cBC)0Ca
          h- H-h-H 0
          (D
          c1 hi <> hi
          U) U) H-H-H-C)
          hi Ca H h- (D
          t
          o (D 0
          • (flhi
          ci. çn hi
          (D
          ci. cr t
          • H H- (D
          H N hi
          H-
          (D 0
          CQLL hi
          (D
          H J
          çn
          h-t H
          (D (D H
          hi J (D
          C)
          h-hhci.
          H-
          o HUh-
          cr i
          H (D h-
          h-C X
          0 hi
          Ca
          th-
          hihi
          o jc
           JhiLthi
          0kZ crN
          H- (D 0
          C) H C) (D
          o LO
          LO h-h-Hj
          —2h-H- LO
          h- 0<0
          Ca B (D ht I
          oc r to tl
          hh (D H J
          C) hit Ca
          CQ (D h-
          J 0C) J
          H hi h- H
          çn LC hi 0 Z LO
          > (D C) hi (D LCD
          hhcr(D > —2
          0
          H hhG )
          X
          ci. hi rt H- t
          Ca (D • (D
          Cahi (D(D
          (D c1 çn(n
          J JH t
          C hi hi hi U)
          H h- ccr(D C)
          R H0 H- H
          C)t <
          0 H H-hi H
          U) tcrcr
          çn H- t
          N) m ci. çn çn
          Lfl F- LQt
          hi t
          B0(D Jh-0
          htt t hi
          ci. 0 i.(D h-
          hi U )
          N) B hOC)
          m t (D 0 çn hi
          cr Ca
          B H (D Ca
          çn (D
          hiZ
          C) (D tr H hh h-
          > (D h-
          F- 0 hi
          LO t C)
          LOH J H 0
          - 2 hi c1
          (D hi C
          B J (Dh- >
          h- CQ Ca (D
          Ca h- Ca H
          h- (D I C)
          C ci. ci.
          (Dhi < Jh-
          H 0 0 hi H
          C) 0
          H çn 0
          C)t
          çn kc
          0
          H H
          O 0 Jh-
          0 hi>
          c i . kz (D
          (D (D
          hi
          h-Hj H-h-0 H
          0 C J th-ho C J
          H cr(D > C
          t i. (D h-(D
          t hi t<
          U) U) (D (D
          H-H C) hi H
          Ca t ci.(D (fl t
          h-cD (D t (D
          h- (Dh-
          j(n C) C)0(n
          .t (D(DH- t
          (D < B ci.(D
          C) H-cD H JJ C)
          H- h-H-
          h- t (D J
          H h-Ca J H
          t t
          t JH-th- t
          B h- 0 J
          t hi cDt
          t C) h- t
          0 0 J(D O0
          hi 0 hi
          h- H-hi < h-
          (D h-Ca . (D(D
          hih- hi
          hi R B hi
          hi Y(D h-
          (D
          H- t h- J
          3 3 h- H-(fl
          (D C)t c
          hi Y(D çn Ca
          33 C)Ca
          h- TH- h-
          (D
          Ca H-H 0 (D
          Ct
          t
          H B hi 0
          Ca Ht (D <
          t Ca (D
          H- h- Othi
          0hi0
          3 3 h-
          (D £ (D ci.(D
          hi
          (D (D hi ci.h-
          Ca Ca
          h- h-hih-
          H- U) 0 0
          H- 0 hi
          H t H
          C) h- (Dh-
          tCa Ca
          hi (D 0
          hi :
          00
          H (D C)
          CDD hi 0
          (D (D
          
          (D h- H
          C)
          tr H çn
          (D h-
          hi hh H
          00
          H hi
          LO Ca
          LCD U)
          ci. hi
          (D
          Bh-H
          Ca(Dh-
          h- H
          c 0
          h- hhLL
          (D hh
          H- h-
          0C)0
          hh (D
          h-
          (D0
          hTh(D
          (D
          hih-Ca
          
          (D (D 3
          h-
          C) (D
          R H
          O h-LtH-
          O H-C H
          
          
          Ca hi
          h- c)
          H hi B hi B
          o o trcD H
          çn N(Dh-
          h- çn çn çn H
          H- Ca
          o
          > C) H-cD
          Ca t0 Ca
          0hi Jh-
          hh tkz H-
          hi > çn
          o BCa çn
          Ca Oh-
          >: H
          h- Ca hi H 0
          t B H-H
          (D H-h-cD
          c i . • H
          0 h-
          o h- h-
          < 0 3H0
          (D h-
          hi tr (D B
          (D Ca H
          t i
          (D H-cD C) U)
          h-
          h- H-H J
          i.Ca Oh-
          (D Ca H
          h- Ca0
          (D(D
          ci.h-Ca
          h- çn
          H- 0 c 0
          0 hi (D hh
          ci.
          (D t
          hi hi
          H- 0
          Jhh
          LL H- (D
          Ca
          h-CaCa
          t h- H
          (D 0
          hi (D 3
          (D hi H
          B (D H
          CahiCa
          (D(DC)
          0
          0 3
          hhH ci.
          O(DC)
          çn h-
          hi(D
          ci.tr
          (D H”<
          Ohi
          B' cD ci.
          C) H tf
          (D 3 (D
          hih-
          (D(D
          Caci.
          t H hi B hh CI H 0 H
          (J1(D 0 0
          tr th-hi <
          F- ci.o t H 0 U)
          H- B hi 0 B H- hi hi
          CakZ h-hi H C)
          tCa (D H-H c 0
          U) • ci.h-cD h-(D
          ci. hi H-
          h- (D00h-
          çn ci.Ca
          0 cBLC (D 0 (JJ
          o> h- 3 C) C) hi hThcD
          h-cD H-hi cD t
          t < Ca H- h- C) tl h-
          cD cD tCa 0 cD cD cD
          hi hi cD h- cD hi H- hi
          Ca < C
          hi C)0 h-cD cD
          cD H- 0 hh 0 0 ci. C) hi
          0
          O H H- H
          H > ci. C) < 0 B C) LCD
          B H-Hci. cD LCD
          h- Ca C B 0 LC hi hi -2
          H- cDcD
          O hi Ca cD Ca H
          cDci. 30 h-
          t cD 0 C) H t
          >0h- cDt cD
          thi 3 cDh-C
          H- h- H- h- B H- (fl
          C) cD çn 0 ci.t
          tci.cD cD ci.H C cD
          c i . (DC)
          hi h- U-hi C)t H
          cD Y J (DO
          < B h-hi Ca rH H
          Oh- HHt H T
          c n ci.Ca H H J t
          cDci. H-h- JCa B
          ci. R C) B H- 0 t
          cD B cD hit
          h- h-H C)h-ci.cDo
          th-H- cD h-hi
          (D0 Ca B0 Jh-
          (DR h- cD
          htt Ca0 J X
          H- B h- H-H H-hi
          hi tr cD h- C J
          Ca H ci. tCa B Ca
          h-H- cDh-  OcDh-
          hi hi çn 0 çn cr0 h-
          cD cD Ca hhH 0
          HUh-h-
          h- cD t h-
          cD cD t
          cD
          t E l
          çn
          CD
          L O
          co
        
          
          OCQ H
          
          H H
          cBcuC J
          LHCQ tH
          Bh- JC J
          H th- H-ocuo H-hhoH
          
          cuh- - t cao cuQ>
          
          B-
          CThDO
          >tlLo
          > itcD
          CQhiH thi. t hi thi 2 hi(Dhi tcrtcu H m
          crrl-H-cuca pJ crH ca
          Q
          NOL_JCQ.
          (J1(DH-
          t .
          ZO
          rtt
          ZHO
          h-H-H-(DH- hi c uH-H tH- . BCaH- J cu C H N).
          B rt BOW(D rrc jOrr
          L JHr  
          0hi CaN 0W J WO HH- t O' .0(DtH
          tH-H- (D(DhiO(DO h-cr —-(D BthiLOC-
          h- h- J0 H-H t (I)
          H- hi hi Ocurr(Dcr
          CD
          -
          <
          Oh- cD
          OO(D
          tr
          C H-Cd
          oh- c u
          acu 0 — OH-0(DtC cuOLo
          t JH JH' H'(D LohiaONJ Ohi<—2
          Oh-(Dhi H- >hicuN
          cDcD h-H-h- c rh-
          c J
          LcD
          H O hi
          w (D
          LO
          —2 0 (D
          hhhi
          H-
          hi J
          hi
          N )hTh J
          C hi
          cD crh-crH h-h-H H h-hi Hh- OhiH-(Dh-H'. (D
          B (D h- (DLON ) (D cDhi c rcDh- t
          H oh-rrOONLo N aH-H-t trcucDoh-H
          0 H-O(D hi —20 (D 0Cah-(DH-hi (D LO
          tCa t ' . (DO
          (DOh-h-O (D hi
          t H (DCa Ca H- i.
          cuOH-cr h-(Dhih- (D J
          H- h-
          h-C ) Ca
          t Bh-t
          (Dh-H-hi
          H”<
          
          
          LO
          h-LO
          hikz
          Oh-
          (D H
          0(DLO
          (DhiLO
          JCa (D (D> H ah-h- hih-h-Ca(DLO
          H H J X(D J 0 h- H hiHh-H ' . . . —3
          crcrO H- hi (D h-h-0 h- O Jh-
          hihiC) — O H c i .
          cB(D(D>t LJ-K C
          H- Ca R hf C
          c uH-h-hicDhih- c uO I
          N cuoH-CaCaohicr
          H-h-O
          0O <
          O h -H-
          t—2
          (D'.
          —3
          TH ' .
          (D
          O OCh- H (D JO cr' JNh-
          h-tr Ca  OH-CatcrH-
          hi hihi c r cD c u c uO
          H- H-H- CcD hikz cr
          h- h- i . h-
          h- h-JO (D tH-
          (Dt(Dh- H- (D (D
          Cah-CThD
          hi
          (D
          tCaH- C) hiCa Ca00 h-
          (D h-hi 0 hi
          D t
          (D H
          h- BH-
          çn
          1 (D
          h-
          hi J
          H-rrcD
          TO
          (D (D(D HJ [ th-hi C) O h- J J B0
          hi B Chi (D
          (D>tX H OcD c u O
          (D J thiO crcD
          (nH (D
          cut'. Ca
          (Dh-
          ci.
          (D h-
          hih-
          tcutH-H- o hiZht H
          H- hihi h-H h-LO (D0 h- (D O0H- c uhi c uN c r
          hih- (DH-OH t
          cuOh- O cDcDh-h-cu
          h-hi TH H t hi
          H H C)
          R t(D
          tH-hi
          cD c u o
          Nt c uH-
          cD c u
          hi
          H-H
          CThD
          U) U)
          Cahi
          H'H-
          h-h-
          (D t
          h-ocu< aH- Loh-O (Dhih-
          h -Ca h-(D 2h (Dcl) HO cr cu< H-H-Ocu cD
          H- H-tH O h-hihi
          h- DH-H (DOOh-
          tthi
          (Dh-
          Ncuhi
          (DCa(DCa O U)'. çt H- (D hi cuh-crcn
          t L cuh-cuh- <<
          c uhiO
          hih-
          h-cD
          h-O
          >H<
          0cr (Dh-hih-0 hiH- cu X h- X ' t
          H H-OoH-cDOH-tcu h-Cacu hicucr hTh(D
          H-h- 0R C OH-H-O
          t(D H-(D
          H-h- h-
          Oh
          c uOH-
          H- Cahh O Cah-hicucDOhi (n bC)
          H- c u OH DC )
          (DZ
          H- (D
          Wh-
          Ca cr
          U)
          (DOCQ h- cuoH hiCa 0 cuh-hi <'. cuhiH-
          hi(DC- O c u h- OcDh-H'Oh-H- h- cu
          N ) hi H.O (D (D (DLH
          h-H h-Os CQH-
          ( DO
          o c r
          h- ci. hiH-H hi t . H-
          h-H-H 0R (DO
          LL cD
          O h-
          H'h-
          hi
          cu h-
          Cacu Ca hi c u h-cD CaCa H- 0 kz t
          h- c rH-' tH h- h- OOH H-(D h-Om t
          tt0  c
          t
          h-ZOO
          
          (D<>
          c i ]
          t
          1 (D
          cr0
          (DH-
          cr -cn
          Tt
          c ucDcD
          hi0
          h-H-
          O(D . cuh-cuh-h-• CThD h-(D hi C)'. crciiO
          hi' U) (D U) R H • c rcDh-o c u 'L- cD C1
          0 (D - (D(D 0 hi
          h-C U)
          h-W
          H- hiW I h- c uh- ( n > hiR t0h-
          h-cr'. Ca hicDcuOO
          h-U)h-
          c uhi
          R (D
          
          h-tH-(D h-Cat < h- X U)
          cucDO O h-C) (DU) H-H- cu
          (DN'. hi<
          c ucDtrhi c u U) h-H
          0 U)
          H'
          hihihiH' th- hi ohi 0 R C ) c uH-h-
          hi 
          
          t C- çn U. hi J
          çn H (D LL
          crcrh-tr cr J çn
          Y H H- C) H
          (D C H- Ca U) t
          (D hiC)çt. (DCa
          (DLtH- (D crh-
          H h- hi
          tr H hi H- 0 C C-
          hi çn U) C çn C
          (D Ca C) H cr
          Cah
          o hi hi hi U)
          N (D çn (D çn
          (Dh-Hh-Ca h-X
          cr J tC C (D H-
          • (D hi H C)
          Xhi hC J
          H (D h h H
          hh C H”< t B
          BC C H
          :
          h-H-Ca B
          Yh-h- J Ca
          o Ca
          h-h-h-
          C t hi h- (D (D
          H- (D (D C)
          h- Ca(D J(D
          tC) C H Ca
          cr(D C H X Ca
          H-C) B
          0th- C hi
          LC C H H- H-
          (D < B C Ca t
          hi (D H- h- H h-
          hi hi JC
          h- C R H
          çn hh >:
          Ca(DC Ch- J
          (D — 2 H
          h-h- C)h-
          Y-' C C- h-C
          (D hi
          h- (D H (D H
          hi t R
          (D (D h- H H
          Ca t i
          Ct (D h-cD
          H (D cr(D B
          hi Ca hi H
          h- Ca B H C <
          H- C t C ci. (D
          o (D h-hi hi
          (Dci.
          H < C H- ci. H-
          o H-hi Ca C)
          hh H Ca H Ca B h-
          H- C N
          —3 C hi (D (D B >:
          (D R ci. ci. H i
          C hi Ca
          h- h- JCa
          t h-
          (D
          C h-
          hh
          (D
          h- B H- B C) B C C1
          H- H- Ca LC H- C hh
          h- (D ci. Ca B h- tr
          H-H- HH< tt H
          Ca Ca C C) H- (D Ca (D C hi H
          h-h-hi hi ci. Ca h- < hi CC)
          hihiH-H- h-(D(DH-
          < h- ci. J hici.h-(D
          kC(D(D C H- H-Cahi
          C C Ca hTh çn h-cD Ca C
          hh hh (D H- ci. H t Ca H- Ca
          B C (D C (D
          h- C C) hh C) H- (D hi Ca C C)
          h- (D Ca (D (D hh J
          (DCaH-< h-XCa HUh-
          h-CH-C(DH-C h- C
          H H- C h -h hi H B t hi
          C) Ca H H J C) (D H
          h-cD (Dh- J :
          C h- R LC —3 (D H- t
          h-h CaC)H- LL h- C
          H-h-(D h- HH J
          h-Ca(D
          t h- (D h-(D JH-
          (Dhi C J (Dt(D' H
          (D LL (Dhi flU)
          B Ca B h- B hi X H- h- B ci.
          ci. C t H- C H- B C t
          ci. (D Ca H hi (D H B
          H- Ca (D H- (D
          h-h- Jh-C)CaC) c1
          H-H-(D h-Chi >: J
          Ca C hi h- C- h- hi D tr H- ci.
          h- hi CR t H h-
          hi CCci.hi H H- H-
          B hi hi C B (DC)
          h- H- H- (D h- h-h H- Ca h- H
          HCCah- C
          :tr h-(D Jh-hi ( D
          H h-(D 0 (D h-C<
          B t< Ca B C hi H hi H-C)
          H-U) (D (D H H-C B Ca C
          hi H Cci.
          h- C (D Thi hit
          h-h (D (D < H
          h- h-h ci.
          t C J H
          (D hiH
          h-h h-
          JC) J0h-C)C
          hi çn tC (D
          h- H- ci. hi (D C)
          t - _ C) J
          C (D C (D t (D
          hi hi hihiCa
          HC C (D
          h- h-0Ca (D
          H hi B U) ci.C-
          (D J(DC)C)
          Ca rr j U) Cci.
          • Ca hi h-hi
          CaCU)C (D
          (D Cahi J
          o
          C C H
          h-h rr H- çn h-
          LCD (D Ca Y J
          B h-h o (Dkz
          C CCahihi J
          h-hih-U)
          YU) hi çn 0
          (DC C C) J
          hi H- N H- h- H
          H H- Ca B hi H- H
          LCD h- Ca (D (D
          Lo' ci.
          H->:
          ttro çn
          C C < ci.
          h-hi
          çn >: H H-
          (D < çn çn HCa
          H U - Ca >: Ca Ca
          OC •
          HH ci. YU)
          ZU)H- (Dci.
          o C) ci.Xhi
          0C)H-U)C H
          HU) çn hi hi Th-
          L i H (D (D
          çn HC t>:
          C) LC ci. < B H
          C B (D < (D H h-
          H- C) (D hi h-h t
          HCa' C
          CaCah- çn
          h- H- H- Ca h-
          H- C tci.
          C) J JU) çn
          h- >:
          h-ci. H- H-hi
          (D >:C Jh-U)
          ci. hi t ci. rHf
          (D H- C
          h- Ca C) h-h C (D
          t H- t C hi h- Ca
          (DCa hici. h-
          Cah-C) (Dh-
          (D B C C) hi Y
          hi (D (Dkz
          h-h C) Ca H- ci.
          BU)h- Hh-
          C) HDh-
          h-h-h-Ca th-U)
          CaC (DU)
          h-C hit
          h-h-U) h-hhi < (D
          C tCa (D (D hi
          (D h-H Ca
          h- h-U)U)h-C
          Y thi çn H-
          (D (DhiCaC
          CU)
          hi
          H C C
          Ca h-h h-h
          C) t H- h- H
          çn B t (D H
          hi C) H
          BU) J J
          C) h-
          h- Cah-0
          (D h- H- çn
          hi t C)
          H- (D H ç
          Ca (D • C
          h-h-h
          H J C
          C)>: t
          Ca h- H- C) hi
          C) H
          B h- C H
          hi hi
          (D B h-ci.H
          h- C H- LCD
          h- LO
          kc h- h-
          t1U)
          H hi (D h- h-
          C) hi C
          BC>: (D
          H hi çn h-
          H”<
          CCa (DC
          h-hh- J <
          Ca t (D
          h- ci.C hi
          (D
          hi Ca C) H-
          hi (D H- C) (D
          C hiU)
          hi ci.C) h-
          H- H- hi
          Ca h-h (D C
          h- Cat h-h
          CaU)h-C
          hi Jhi
          BU) h-U)
          C) C) hi
          h-h-U)
          H- Ca çn
          C Ca
          (D H- h- (D
          Cah- U)
          Y hih-
          C>:hi
          ci. C h-h
          Ca H- hi
          C) H- hi
          tCa h-
          çn h-
          h- (D
          ci.t J hi
          (Dh-
          h- h-H
          t H- B
          çn C) h-h
          h-C) C
          H- hi
          C ci.>:
          h-U) J B
          t Ca h-
          (D h- H
          hi C)C
          h-Ct
          C
          CCa J
          H- rr
          ci.C
          (D
          hih-
          (D
          ci.
          OHC OH>: hi H>:
          hi h-h H- t t (D hi t
          • h-h hi (D Ct HH
          C B (DR C C)
          Zhi C) >:hi
          h-h-CaU)h-
          LL B (D C t hi B h-
          (Dh-hihiCU) H C
          H-hi c h- C) C
          h-CCh- thiC N
          hi (D çn hi H-
          B H- h-U) h-t
          >: Ca B Ca H- H
          ci. n h- h-cD çn çn
          Ca B t JLL C)
          Y BH-U)h-H JU)
          H Jh- CaH
          CaH h-Cath- >:
          Ca h-C C >: Ca
          h-hCC) H U)h-Ca
          B HH-thi
          t U)C) hi U) ci.
          Hhi B hi (DC H
          H C hi h-h- hi
          C U) U) hi U)
          H- H- hi C) < C)
          ci. H' h-HHh-
          U) Ca Ca ci.U)
          ci. h- h- U) i.
          H-
          C) h-— H U) h-h-
          C OH CH-C
          U)HH- t1 h-hh-
          C) Z hi JH-
          U) C1 0 U) h-U) c
          hihi o Cah-ci.
          U)Hh-H J B
          H- Ca Li >: ci. C) t H
          H- C U) U)
          c i . hiCa
          U) H- C h- B Ca h-
          C
          th-ci. Cci. h-
          U) H-h- Y
          C C) t C >: U)
          t h-h J U) h-hi t
          hi C
          Ch-U) (D hi
          h- i. J H' U)
          (DU) oci. Ca
          C) h-ci.C JH-
          h-0 JC)ci.
          H C B H Ca t C) U)
          C h- h- C
          Ca UJ.H->: hi h-
          h-h-c h- ci.
          t H- t hi U) H- C
          hi h- U) H- h- h-h
          C hi H- LC
          : B B (DC U)
          U)
          ci. JCaC h-fl
          H h-HCa C
          h-h thi B U)
          COCU)H>: Ca
          hiC hiC th-
          U) h- C H
          hi <
          h-H- BU)H-
          ci.HH C)h-
          U) Y t U) H
          U) C C
          C)
          U) H- B
          C) H
          U)
          o Ht C 0>: H
          U) hi H-
          C) H < i.U) h-N)
          U) n U) ci.tr h- Y
          hi >: Ca H- U) B
          (D h-
          Ca H- XX 0
          H tf H-H-hi
          cB J U)
          H t h- Lc B B t H
          çn U) B R H C
          C tr ci. H- B B R
          CaU) (fl
          h- J TCa 00h-U)
          hi Ca R h- B B C t
          C H H h-
          N C) h- Y H H Y U)
          B C t U) U) U) H-
          hi U) hi • Ca C
          t H- U)
          Ca Ca hi
          HCa Hhi
          t
          (D >: U) C C U) U) LO
          hihi>:h- LO
          >:H: Bkz U) U) U)
          Bh- BC J
          Ca B t U) H Ø
          h- çB C
          th- J hi h-C <
          U) tci.ci. h-hU)
          H C kz U) hi
          BUJ-hi H- N
          H- nt
          h-h ci. h- H Ca H (fl U)
          H-Ca B U)
          H U) U) h-h- Ht h-
          Ca hi h-
          t c U) U) U)t
          B B C h-hi ci. hi
          C) ci.h-hH-U) TC
          C) < h-U)<
          C H- h- U) H- t hi H
          hi Ca t Ca J ci.
          ci.CaU)C) h-H U)
          H- C Loci.
          U) U i- C h- LCD
          ci. t tmh-
          ci.H C) U) t
          h-H-H Jhi C)U)
          C C) H- Ht C
          H U) (fl
          h- h-h B h- H hi C) t
          Y J hi Ca U) U)
          U) < R H B C hi C)
          C Ca H H
          O hi BH J
          C hi U) tr C) H
          < H U) C Lc
          U)C B H- H t
          hi h-h h- t H C çn
          H- H- t t
          JU)ci.t
          U) JLL H-hi C
          hi h-U)hi
          h- h- h- < h-
          U)C LiU)
          C H
          h-h Thi
          çn
          t E l
          çn
          U)
          
          co
        
          
          t E l
          çn
          (DZ
          N)
          co
          Ct H C t hi H
          C J hh (D
          çn t co
          rt Ht çn H
          (DC kz
          h-trH
          Y hi H- hi hi 0
          (D 0 H- (D
          çn
          Ohi Y J( J
          hikz C h-hi
          H- hhCa crc
          B hh H-
          H- H- H
          cr0 JLL (D
          çn (D>
          C J hi < h- H
          Ca (D LO
          HZ hi(DLO
          B H-Ca —3
          : th-
          o 0 B H hi
          (D C H h- (D t
          h-< (D Y J hi
          (D(DH h-C
          Ohi(Dh-Ca<
          H
          H LL (D c i .
          < (D H J (D
          (D 0 hi crcr
          h- J (D
          Z Ca H- h-
          B H (D çn Y
          < (D
          B hh C çn
          C H H- ci ]
          (D hi hi < t
          (D Ca (D
          (D(D(D h-O
          cr (D H
          h- h- h- J
          Ct rttH
          C t i (D
          ht(D OH- t
          h- H J
          h-(flH- LHt
          tt C h- i t
          (D (D tOC
          OCa(D hi
          Y c crt (D (D
          H H çn hi
          H h-CC hi
          H t (D Ca (D
          t B cr(D hi>:
          ttl 0 Ca H
          Ht h-
          C h- J
          (D hi H-
          h- C
          (D
          hi
          0
          C
          H
          0
          çn
          Ct
          H
          C
          Ca
          Ct
          C
          Ct
          (D
          0
          C
          (D
          hi
          (D
          Ct
          0
          OhiH
          Ca crtrZH J>:H
          h-H > :h-u OH
          C
          C(D
          h-(D(D(DN) H-
          (D (DC
          —2
          Cah- h- H h-m
          (DO1
          H-H-(Dohihicr h- >: J :
          (D (D çnQ.
          0 Cah-(D
          H H- O (D<(D  :hi
          h-
          H-
          (DH
          H
          C t<(DH-LO
          hh H- H LOZC(n
          h-ZN) CaCa c
          H- cD (D ci]
          BC(Dh-H
          t (D(Dh-Oh-Ca. C hi J C J
          C
          h-c)
          H- (fl J--2H-hit
          C(D t hiH-crt
          Z J > : cr (D(D CH ' h-C
          Ca
          tCO
          (D<(D
          O (D
          (D t TCH-O
          L-J.H-h-(D(D
          Cah- J (D(Dh- JO
          Jh-H-trH c r HCa H-CahhH
          h- h-(DR h- JH . J(D t (D
          (DO
          H- h-hi :Ohi(D C J
          h-h-LO hh
          hi —3 h- hi J
          H Ca(D h-hihi J hi hi
          (DCa(D(D C DC J I
          h-
          h-h-
          : h-
          cLCa t (D
          H J(D th- h-
          h-cr hi(D (D
          OH H C1 h- (D I OHCQtJ
          (D :
          crC(D H- C (D
          t H-h-(D hi tCa
          hiC(D
          h- CaCacBCCa
          h-C) h-
          hiH< JLH(D (D
          H- h- CaCahi(D
          C H- h- Jhi
          h- t(D h-C C (D >:
          (D
          crcn
          H Ca(D hh(D O
          hi J CaJCa J
          hiH-H-hi ( D O H- (n
          t t
          H (DH-(D Jcr J(Dh-
          (DH 0
          h-cr hi(D(D ci] H JCh-t
          h-
          h-(D
          (DH hi rrcr
          H O h- JH-Ca
          t(D(D
          H-CO
          Lc OH-H-cr çn
          C J(D t hiH-
          (Dhi HDhiC>: H 0
          N H-
          J OCH C
          H J CcrCaH-
          Z H- CH-hi O ChiH-
          h- J
          JtH
          H C < Ohi
          hiCat Th-
          H:(D J
          h-C(D LJ- J hiCaH-CaH
          1(D
          B h-(D H (DHhi
          trcrC h- C(fl(D
          hi H-H crH cr OH- t
          c i . t
          
          o JCh-H- Jcr c
          h- cr(DH o <(D
          hi hi cro(Dcr
          Jh- cBH-H-
          (DH C< H-Locr O Ca (D t
          JH (DtroLo H-h- O J
          Zhit
          H-tR (D c>:C
          B (D thi J J B
          h- J (D(Dm.(D h- JL J.h-t
          hi t
          (DC
          <(D h-cr H-HUh-
          H-hi hth-
          hiR t(DH h-
          R hi (DO C
          CaCaH (Dh-Ca CaH ZC t
          B (DChiocrh-C
          hi
          h-Ca J Jhi J
          hi Jh-C hi
          OCa h-(D N (D(D Chi
          h-h-
          B (D
           : Ch- JCa  :
          hiH-(D (D ( D
          CH OH (D
          Chi W J JH- HWh-H J
          I
          (Dcr J CaH
          (D H JJ J JX
          cDt CQ(fl cI
          th- cB>:h- J
          hiH
          t
          Ch- B J LO
          hih- H”: tW
          Ca C t(DW
          h-(D > :(DH JH Jh-
          Ca ohi crR H t
          LOhi
          çB
          hi hiH J —3
          C BR (D (D0 tcr Jh-
          LO
          (D J HUh-
          (D h-Ohi
          Ca hi BH C
          —3h-
          crh- Cht H
          (D h-
          hi DH Ca c i .
          C
          R
          C
          hh
          H
          hi C
          c i . hh
          0 LOC H cr(D h-
          (D HLOhi (D Ca
          — ](D (D
          c1
          H
          H
          H
          (D
          Ca
        
          
          H rr
          r JO(D > Q J(DtLL w
          (DhhihCj(D(Dh(DhiHCQrt(D J(D<0 .
          (DOCO H(DhiH-
          CO (D (Dht JCOH I (D cL
          H-CO kz >rt t(D•
          hi (D J (D (D Jhicrç1- o
          (DH00 hiO Jhihirt
          (D hi (D(Dhi (D(DQ (D(DhH ThHO
          
          t1 00 . H-ct 0
          OLL h - (D J (D J(D J
          00 (DhiH-(DO Jct B(D < (D(D t J
          cL(D> J J çB (DrtC J
          LoO
          hi oCocr H t
          it hi(D cLhiit COhitN)
          (D JCocrh- h-COO (DC J
          LH-LO0H J DH-cr J(Dcr(Doocro
          Oh- 0 O J
          (DCOmH-LO0 Jh-hiO cB (D (D (n
          h-CO. cLLOOhiO (D
          BH- (D 2 hihicr OH-CO it 0h-t
          H-C CO(DCO J(DCO'. hi (D H- hirtR (D
          H r J> t(DhiOO H C
          R (Dcr Jhi(Dhihi
          Hhi(Dh- H cr (DL J-
          (D J O JH-LQNO
          OtL J- itQ hiit (Dh-H J
          (D it crh- H-crhi COOçt
          (Dcr cr(D (D J O (D(DDH-O C
          Co(D> (D(D
          hicr • (D
          rh- tr hi h-0L JH
          J0(Dhh' CO O(D Yh- hi hiL J- hi
          H-h-CO J H-H- t(D(D> hh0 Ø
          hi JO cLCO hih-hi H-cr(D(DcroH
          H-hthi JH-ith-h- O (Dh- J LL  : tithi 0O t(DO
          (D t kZ L t
          CO (D>:(D (Dt croh-H-H-< . H- (Dh-
          ithiH-hit1 Bhi J H-H ThCOH- it0cL
          O h- JhiOh-hh BO(D J tH- h-cD
          (DO Xhi(DCOH JH t (n(D JH
          hi h-cL(DOH-CO h-ti OH-H JO(fl
          H-CO(D0 H- 0 H >:hi(Dt1 hi >:htt
          0 hiR 0O (D H-H J B(D OkZ (I )
          (DH-(DL-J- tI(D OH- :LO
          H- h- C)hi t
          
          R cLcL JCO(D çn
          CO rht COcrH h
          hi Jhih- BO h-
          J (DO J > :h-H- 0 Y(D
          crt H J hihihiCO(D
          h- O COCO J 0H- (fl
          Dh-hi O h-h-(D (flt
          (D h-0 hi hi (D t1(D
          Q (DDH-hi(DCOH- CO J(D0
          . L<(DCOO Jt hiOH-
          OhihiHH-hih- Jcr Jh- Jhihi (D t0
          (D(D L t O H (Dh-OH- hi>:H-
          hh(DtDH- J chicrh- (DCOQ H-hh:tl
          0 H' . hiH Th DH 0 (DH-t
          h-O h - cL (D (D (DQ COJ JH hO
          CO Jh D : c JcDrrH-hicD
          H-h- tO hi H >:crH- L (DO(D
          crh-h- (D0 J cDH h- OcD L hi
          W J(D ( Dh-CO hi çn
          (D (D J0 CO . H-(D(D(D h-hiCO
          C) hi 0OtH cD cDcr t1 cLOcL(D
          (DCODH- 0(D J B OH-H-
          (D h-COH0 > :H hihi (DhiH CO h -h -h -
          h-H- O
          crH-h-h-. to TtO
          D< (DhCO H-Ohi
          (D (D J hhih
          0Q h- (fl Jtr (D hih- (D
          (D h- O0(D J J(D
          0 h- 0(DC hi hi
          
          H (D(D CO Lh- CO
          < hiO (D H ” < (DO (D
          h- O(D cL (D
          t hi H cr>:cD h-
          (Dt(D - H tOh-
          Jt JR H-H- Oh-
          LJ h-h-cLOcL 0h-hiO
          cL(D (D CO 0HO(Dh-H-(D B
          H-hi>: tDoh-ocr JCO
          ti t0 0O JOh-hi(D H- hiC H
          trJhh J CO CO > :cLkZ kZ (D (DH
          CO h- tH-h-
          ci. (Dtr(D JH- O h-
          H- (D
          oO (D JcrcDh-hiCOcDcD
          h-cDcr cBH h- JCO J (D cr cDhi
          O(D Q J Jh-OH CO rr j OLL L
          tr i : Ø
          hi hiO OH- H-H- O
          hi (D : (DhiH H (Dhi :t h- COcr(D
          hi ( D(DO 0 J
          h-H-cD L rh- crh-crcr O
          0 (D h- CO
          H-cD h- H-h-H-
          H O J
          (D H- B 0 c i .
          F-
          h-H-hit 0
          C
          h CO 0 H 0 ci. 0 h- H H Z
          0
          Y h- hh (D hh H- hh t t
          cDcD h-hhci. (D<(Dh
           : 00
          <
          hi H-w it (Dh-cDh-
          (D
          ti CO LOh < hi
          hi
          i.hi CO —3 B (D B
          OH- ti hTh 1
          ith-OCOhiO tci.t
          (D
          H-cD (DO hi hiD B hi
          (D 0 (D < H- hi B 0
          h-
          CO i thihH- i t CO JH O
          ci. t t H- H CO (D
          >: h- hh h-cD (D h- H 0 CO
          H-JO 0 ci. CO cD CO
          h-cDhi ti H-H hi
          Xh-hiH (DO
          t
          >:
          B
          (D h- >: 0
          it < (Dkz B <(DO
          ci.
          CO J t (flO(D (DCOO
          hhH- Jth-hih-COh-
          çn
          (DO H (DH-CO h-cDci.
          B B tt 00 CO Hci.
          hi H H- H- 0 H- 0
          c
          t N H rr H- h- H
          (Dh- J (D COH-(D
          H COO tH- 0 LL
          H” ‘ J 0 Z
          I Bh-
          TH-H-t 0 Oh-
          (D OO it H-(D
          H- hi h- 0
          > : it hih-
          Y 0 (D (D (D (D t çn (D
          H-ht hi B (D H O
          00 hthi (D hth- (D
          hhtH- ci. COO WCO
          0>: 0 B CO
          it H- (D H- C it B CO hi i
          tithih < (D(Dhi
          (D I t h- J. Bkz
          BH- it H-
          H CO B Y J H
          BCO I (D i tCO O
          > : oo i to <
          R hi t0 CO CO 0 (D
          (D(D Jt1(DOitO CO
          hi ci.hi < 0 thi it
          CO LC (D (D ci. H
          Y(D 0 hi H- LC
          CO H- hh H- H
          O O it J(D it
          hh J < >: H
          h-it k yh- 0
          t i t (D (DO
          B hi hi
          tiL l
          çn
          CD
          J
          co
        
          
          H(Dcr(DcrcnL JH
          h-thiH
          CaOCa OOh-h-< JH-L_J H
          O OO H
          O OO JH
          0
          ttt
          tN(DN O1
          thi(DO1
          ttOO iOi
          tO O1
          H-OcrH-O JcJ1
          tr
          çn--
          Jh-O JhitrcLm
          (D0t101
          H-ccrH- (D Jocrh-cr
          J J hih- J
          N)
          hh rH (DCa
          0HCa
          Ca h- CahiCah-O JH
          (D Hhihi
          (D hi(Dcr
          I Cah-Ca t
          <
          1 
          O OH- H
          
          (D(DH
          
          CaC h-(DC Ca(D(DH> BH
          H (D HCahi
          Ca(Drr JH-H
          
          L (DH
          L-J- .
          CaCa J 0(DH
          (DH HO 0
          B
          h-
          1 
          H
          OC HO(D
          H”U
          DH
          h-h-HDci.tl
          OH tr J
          aD
          CQ thi titi
          H- H-(D
          C) O H J c D t
          hi Ca (D (D CaCaaOH t
          U) (D ci.
          h -H-H-C)
          OCa h- 0
          R H-L_J LC hh J
          thh
          LC hi hh hi (D (DkZ hhh- J
          ci. c i .
          (D B B (D H-
          H- H-H-hi 0
          Ot(DOt
          (D
          ci. H- hi CaCa cDt
          hh (D hi
          OO (D ONO
          Ca J
          BCaH-
          H (Dh- J-h-H- thi
          B(DC '. iOtt
           h-h-
          ØOO J
          h-O (D JO J
          aH-H
          t< OQh- H (D(DH
          hi H- J
          (DH-L_J.H
          (D hi h-(D
          O ocDc i .H- 9 <
          O
          h- hi
          t JH-h- L H- hi J(D
          (D CaO cDOh-hici.h-hi J
          h-C) B Cah-
          H-
          Bhi JCaCa
          h-ci. i
          (D B(DCaCa
          h-Ohi H-H-
          0 (D
          hi
          rt ci.OH-O
          rt h-H-
          hi O h-
          H O J J BCaCa
          C)
          hi H-(D JcD H-rr
          ci ]
          H-CQOH-h
          h- H hCa (D
          h0h-
          tOh-(DCaH L (D(D
          OLoOci.Ca
          0
          < H-O
          H JJ hO
          O H OH-H-ci.
          t O
          ThD Oh- H- i.
          Camhi(Dh-O
          (Dt J (D J
          h- tH- h-
          h- h- < OO
          t J J
          (D C hih-
          (DCa
          
          LJ-H t
          (Dhi (DOC O CaH- O
          hhH- hiO OH- L hih-
          00 H- (D ci. (D
          (DO hiHO
          t h-
          Jh-hih-
          h
          t
          tH h-
          H0 CaH-
          hi J Cah-hi H-h- B
          cD ' tH-h-h-h- HH-
          (Dhih- >hi (Dh-
          U) hi
          Cah-
          h-Ca th- i. cDci.h-cDh-
          hiCa t
          (DOO H-
          Ca h-ci.CaO
          H-
          C)
          hi
          H CaOHh-hi
          R H- H-h-ci.
          t tH-(D(D<
          tH-
          (D Oh-h->(Dh-U J(DO(D
          XH-cD'
          çn
          (D h- t
          H-cB(DO (D
          (DH-(D O (D>
          H- tOhiO
          h- (D
          0
          hi H-hi H-tH 0
          OH- (DOH-hiC)(D H L-J-
          hh BOhi
          hi < CaOH-
          B BO>
          Cahi J
          Oci.
          (flCa
          ci.Cahi (DO
          cnt
          Oh-cD
          0 h-hiCa
          (D hh
          i tt
          (Dh-
          H- JtH- 9Oc i .
          Ot(D
          O(Dhi
          h-hihhcBh-H--' H- L Hci.
          9(D OH (D Ji. JCa
          LO J (D
          h-C) cci.
          tOH- J
          (n>cDcD h-
          N) JtOH- H
          Oh-O (D H T
          OCa
          Hci.Ohi (Dh-H H Ca(D
          tLO ci.
          (D CaO
          hiHC (D
          (D O CaH
          h-OC) Ca(DO
          tHO
          (D J
          Ca t O ci. U) H-Ca
          Ca BH-(DOhi (D tCaCaO
          H-h-
          t' h-Nhi
          h-
          (D JH J
          (D
          N) BCaH LL
          OH- OC)H- h-
          H H
          H- Dhi D < O
          t
          hi OCa
          N) (D O(D(n
          hhO hi JOH-
          h-hiCa h-C
          C
          h- t(D
          OCa hithi t Ca hh
          1(D Oh-hiOOt h->
          (D J B(Dh-Ca
          H-h-
          cDci.
          H JJ J
          Ca tO t
          h- J O (D
          h- B(D(D Ca(D
          . tC ' (D hiO J(D h-
          Hci. hiO(D
          Bh-h-(D J
          irr jt oo
          thIroCa J
          (DOH-h- CaOt
          (DtO
          thi
          J H- Ca hici. H-
          hiCa (Dh- (D J (Dh- C)(D
          hiO ci.
          h-H-H Ca
          h-H-h- ci.
          (DO(D (D
          h-tH-H-H-
          H-H-OCaci. J
          hiH ci. Thi
          O(D
          h- thicDoci.
          O (D' >
          hi (D
          (Dh- O
          H-h-t Jh-
          0 Oh-h-
          (D (DOh- t
          :i.:tkz CaH- C)(D
          (D
          (D Oh- J h-H J
          O H-
          ci.O hi J
          ci.h-h-hi
          B (D
          >‘. Ca(DH-hiH-H hi Cah-
          H-cD B(D
          h- 
          
          (DO H
          0
          H-Xt Oh-W H>h- tH
          N0001
          rr
          t hLO
          Ca
          rr D iO
          Ca (D (D
          i h- t hi hi çn H-H-cD
          (Dh-hi o
          h- Llh-HDH-H-h-h-Oh-0
          ‘ H-
          (D H”< Ca (D 0
          h-cD B
          CaWh-Ca
          (D h-H
          (DLIX• h-(D i h- ihi i
          L1
          : rrO
          • H-
          hiR Ca t0 B h- < h-
          B hi
          ci. hi 0O(Dh-Ca h-
          h-H-
          (DX(D (D Ca Bh- (D
          h-Cah-
          tOci.h-hi X• HH (D
          (Dh-
          (Dhi th- H- H (D 0
          (D J
          (Dh- (D JO (D BO
          thi
          ci.OO H-h-H-0 c (flC <
          h- ‘ N
          (D< 0 Ca i(DtO(D
          H-Ca Ca
          i.(D Oh- h- oci.cD: hi 00 H-(fl
          Ca
          ih-(DO (D(DOO hiOt
          (Dh-
          t Cah- J hh h-h- J
          B (D
          t >: (D hhhi B Y(D Ca H
          0h-
          D J ci.H-Cahih- icD .
          (D(Dh-
          Ca 0 (D hi
          Ca >:h-H-t3 (Dhit t
          h- (D
          (D J Bhi>:Hhi
          t O
          H- i h-H h-ci.cD itO
          (Dh-hi
          0h-h- H hiH-CaCa(D<
          hi B hh H-C Ca H
          OOH-
          H-hi h- O J c)ci.
          O h-
          ci. i. >: hi 0 F- H-rro 0 (D
          Ca
          hi h-
          DH-(D hi k h-: ci.
          C)0 H- 0 (D >: H-C) h-t
          tH-Ca
          h- i i(Dhihi [ t h- (D
          BO (D
          0h-(D(Dh-Nh-H- CaD
          h- •
          ih-H H-ci. . çB(D Ca h-H-
          C )
          H H- 0 (D H-C) (D h- B
          H-C
          oci. ci. (DHh-H
          h (D H h-XhiH-U)
          H (D
          hi Ca H- h-H-H- hi ci.
          ci.
          H- h- Ca (D t< 0 Ca
          i (DH- h-h-
          rr
          H J U) Oh- Ca
          (D
          Ca hi h-h- < J
          D ' h-
          N hiU)
          o
          O OH-LfltNh- (DOOO1
          ci. B (D B hTh B <-2
          tH- (fl C)h-U)C hiU)
          0 Ca (D (DC) (D ci.hi
          oCah-tcDh-ci.h-hi
          H- h-H-hih-H-H- CaO 0
          C) kz (D  hi :hi (DO Ca i i
          (D 0 H J hi hi C) YH H
          t Ohih-hi (D C)Lo
          0 OH hih- H-LO OtOLO
          O Ca ci. H-cD 00 i
          < H- C)hiWX :hi(DCaH (D C)(D
          (D i(D LO (D(D J
          Cat WC) hih-U
          h- h-h Oh- i—3Oh-hiH-t
          B (D hi t H-C (D
          :H
          O (D h- Ca ci. H- Ca Ca C) t
          h-hci.tt H h- (D J
          B B hi H JJ hit
          h-h- h-t (D t (D h- B t
          ‘ (D C) H- (D H-C
          (D J hi(DCa(D hi
          h- J H- i.(D h-
          C) C)Ll: 0 H' Ca C) thi
          <0 hi Xt 0 (D
          H- ci. hiH-h-h-hi h
          C) 0 H- H- 0 t o ci. h- hi
          h- ci.Ca U) H-hi i
          H- OO h- H-
          Oh- h-X L iCa
          th-t tH-U) H
          (D 0 Ca (D h- H
          CThD H-too h-
          h- iH Cahi hhh-
          H- H-h-U)h-U)h- (D
          H hi Ca Ca (D hi Ca t h- ci.
          (D (D 0 t C < Ca (D t
          (D U)C)U) (Dh-
          h- hici.U)hiOh-Ca 0
          t C) Ca Ca hh O Lt
          (D JU)O cB Nh-
          LL OOh-h-hiU)
          O H- hhhh 00 (D
          h-Cahi (DC)U)
          th-O h- O h-
          (Dhi O H H
          hi B hi (D H Ca <
          h -h - U) h-ci.OU)
          OU) (D
          CaU) hi (D
          (D H
          0
          t U .h-H Th-C) iC)C
          0
          (D YU) H-COO
          hi ci. LC H (D h-
          t
          0 (D H LOH-Ca
          Cah-H-OLci. H H
          H-
          h- U)C CaCa
          C)
          H (Dkz UJ-H-O
          çn
          H C) hih-C)U)O
          h-
          < 0 0 0 H- t (D C) h-
          H-
          0 hh (D h- t
          0
          H thi H-U) C) (D
          ci. H- h-U) ci.o
          H-U) Ca H
          h-
          >:h-h-H
          0
          B Ca H-hh i t0 ci.Ca
          H-Ca 0 Ca (D
          h
          (DO H hi t : H-H i H
          0
          i L hiC)C)h-O
          <
          hh< (D H-H- (D
          (D
          H-H- Cah- JU) c
          hi
          h-hiNh-H
          ci. Hh-DkZ it
          H- 0 0 (D H
          (D
          h-hi OH-
          t B 00 Hci.
          h-
          Ca (D h-to (D
          H h- t
          >: tr (D H Ca ci. H- (D
          H-U) CakZ h- 0
          h- U) HI H-ci.
          YU) Bh-U) h-U)
          j
          O hthi H”<
          H-U)ci.h- C)
          H-
          
          h-h- J H- C)U)
          Caooci.h-o
          o U) o
          B hh hi (D hThhTh
          < Cah-H- (D
          H->: t H- hi h-
          hi (D H hi t
          H-h- flU) iU)U)
          h- C O ci. ci.
          h-h-U) i (D
          OU) Cah- O
          (fl H- t tr 0 ci.
          C) t Ca (D h-h H
          OCaU) I i UJ-C)
          C) 0 h-h hi h- H
          t C H- h-h hi H- t ci. c
          (D B H- (D hi
          H H-H >: C) (DR
          Ca Y J Ca•
          h-Ca tH- H(D
          t H- B C) >: ci.
          (Dot tH- H- H
          h- iH
          CaOh- H ' H-hi
          h- hiO
          O h-hh- i ci.t
          hi (D hi H U)
          h-C H hi
          t hi H (D t
          t (D B H-
          (D J h-h-C) Ca
          i i ci.o hi H-
          hi < cDt h- bC)
          R H- hi
          Cah-C)H h-
          (D t O t
          ci.U) (D hi (D
          c i .
          t E l
          çn
          CD
          Lfl
          co
          0
          hi
        
          
          t E l
          çn
          (DZ
          co
          C
          0
          H
          0
          çn
          h-
          H
          0
          CO
          h-
          0
          h-
          (D
          0
          0
          (D
          hi
          (D
          h-
          H-h-th-th- tth-h-H
          Oh-H-XO JOh-XU H
          0hi cL(D hi>: Jm
          < JH-(DCThDtO (DN)
          (D • Ca t(D . H-tH
          0h- JH t< i
          H Oh-H-OOH- 0
          0 çj-H-cn c l -ti .
          (DthiZ0 hitCN0
          o > :crH-h-oH (Dhi
          (DH-t(D cBh-(D COO
          aH thi(Dcr(D(D
          OH H : Bh-(D hiN)
          H- t0 I h- . h-crCa 2
          H 0 Y(D Oh- 0
          :00
          (D Jtl h-h-(D J H
          Oh- hi C O J
          hi0X H- R
          t(D H- O h-H-(D
          OR H hi0 (D Ju hiZ
          hihi (Dhi O0
          çn H > : t(D>:H
          0 h-CO h-hi > :Dht H
          CO BO (Dh- (D BLO
          O(D h-O H-cL0 Ow
          (DO(DZ< BO LO
          (DQ JH-(DH-OH- H-hiLO
          h- > :(DC tH-hi 2
          (D
          H-C Jhi t J0>: ' .
          0(D '. h-(DH 0
          ci. t  :h-OH th- t
          <0 0 (D
          CO(Dhi h-H (D J (D
          >:H- (D Ot(DC
          H- h-0H-h- h-
          OOhi  :hi O H-L_J-h-
          th-hi COh- J JOh-
          H0
          (D (Dh-H- (D(D (D
          (D CC h-0C t cLC O
          iCa 0XCa H-tCO
          < H-ht (D H-cD
          (flH (D hith-(flN (D
          (D < hhO
          h-Ca>: CO• 0'. >: Jh-
          Bhi0(Dh-(D00H-h-
          çn 0 0 i hi H-h-kz h-
          t 0hi J
          h- t0Zh-h-COH-
          H-(DH < H JJ
          H-cD H- LO(D h- i.
          i.H
          1 Owhi ci.ci.
          h-hcl. 0h- H- BCOhihi
          COh- 2 (D(DH-
          (D
          h- OH J Oh-
          hiD DH-(D > : H-h-H JCO
          0hihi (D H-H-
          çn (D 0(D t
          h-hi < J hiCO0
          ci.h-h-COH- ci.H-o (DO
          t(D cDci.h-cDH-
          cB(D J hiH-COhiØ
          (D > : OO <0 J
          ‘ 0 (D Jh-H-(Dh-Ca
          hi00 JH-(D H
          B (D Oh-(Dh- (D
          H-(DDhiH-(D t
          0h-HO H-
          (D h-hiH-H (D<(Dh-
          CJ Jtkz :(DH-h-(D hi
          i.CO O(Dh-
          XH-0 DOH-OCOt
          oH-H-c i .COcDc i .o
          hi 0 (D > :h- (D (D
          H 0h- h- cL hh B
          CO< t
          H- h-H- h- >:h-
          h-cD OH- hiH (Dh- (fl
          O t X HH-H-
          Z hi(DH t < Jt
          (Dh-J J hi (D0h-0
          >:h- D (Dci.(Dh-(D
          00 h- hi
          h- çn H-ci.H-O
          0 0 B (flh-
          1(D(D H- 0 : (D hi (D
          h- 0 H
          H- (Dh- (D (D JO (Dhi
          0(D H t Oh- 0
          O B CO H- (D J
          J(D0 (D hh
          (Dht C h- J>:COhi
          hi JH > :H cDtci.
          OC h-H 0
          ocDci.h-H- (DCO
          COO(D H-C hi OH
          hi (DO <(D
          h- (D
          H CO hi (D çn
          0 C O
          ci.
          (D
          0 h-
          hh 0
          fl
          1)
          hi hi çn çn hiD H- B t çn 0 hi 00 tm
          :i. H- > :cDOh-i. Jci.CO Ooh- cDO
          t
          (D CO < Y(D h- OL-J-H-O
          hiZH- (DO 0
          - -
          :i. J . h-0hiOH CO h-CO :
          0 (D ci.H-cD (D >: ci.
          0
          C CO(D CO jrr oci.oci.h-(D
          0
          cD>:h- Jtt  :Lt (Dh-
          c nN
          t
          N CO(DO0(D
          1
          t 0 CO (D (D 0 n hh
          0
          (DO t h- hi>: ci.cncDcn Ca H
          hih-(D(flLO
          H :hiH- >L0
          ff
          (DH- 0 HI J(D<0H- 2
          S
          c LOh-H- > : 0hi c L(D H-COCO(D h- ' .
          t
          h-0 c n c n c L(D< L h- N
          ht(D COO tH-(DOX(Dh-
          T)
          0
          hici.H->: h- 0H- c nh- ci.H-hihi
          0 thi H-ht(Dt CO hi
          <
          oci.cncDh-CO ci.oci. ØH-(D cn
          t
          hh(Dh-t h- H J(D OC U
          1
          h- t 0 c nO h-H J h-H ci.t
          h-cDcnhih-ocD O ci.cD0ocD (D
          (D th- (D(Dh- <(Dhi >:O
          t
          cDci.tcD t (D>: J (DH-H-
          O DcDci.cDCOhihi hi J (D0 h- J
          0h- JH (DOH- COh- < h- H
          Ohi > : O H 0 J
          J ( D ( D cn cD H J h-Zh- t
          h- ci.h-CO (Dh-(DCOhi c n0 >: J
          hici.cn hi ci. hih- (D J (Dt
          < h-H- H-h-U J(Dh- t
          CO ci. C) (D (D 0 ti hi CO (D 01 L- (fl Q
          (D ci. i LC (Dhih- n>:thi
          H- rr'. rr >: CO 0 0 (D (D ci. 0 (D h-
          Hh- (D t H-COci. tiO' OcD
          t(Dt O(DCOC h- Jh- h-hiCO H-
          (D JH” 0 H- I
          Ohi h- JhtH- 1cDH rr H
          CO(Dh-h- <0H 0 tX Z CO
          (Dci.H-hiH- COhi c nhiCO H COHt(D
          n H0hi0 (D0t H-LO(D B
          h-h-H c nh-(D Ct CO Loci.cDth-
          (D0H-H (DcnOh- 0Zth- 2 hit
          h- c L c L0 hi>:H”< CH-Ocn
          ON ) < (DCOh- JO I B0 Jhi
          (DO 0 JH-t
          (DO
          >:ci. ci. H N hi>: H- h-H H-
          n n 0 trH cn 0 0 hi ci.H-cn hi
          CO : Oci.(Dh->: h-
          CO DcDOci.H- J>: h- <0
          CO -.(D J CO Jh-(D O
          h- h-H-H- COCO(DH-H-hi 0
          COH-h-h-(DCO0 CO J tCO 0 h-
          t hi0 (D LC H CO0CO(D J0
          cDt H- 0 CO 0 CO cDt ci. i hi
          H ci.h-
          ci.H- tci.h- n 0 (D H- hh H
          (DCO (D L H-H-hi 0 t hiO
          ci.Ocn >>: H-O (Dh-0hiH- (D J
          H tH-cnh-CODH H- LL h-
          . h-CO h- 0kz cn H
          (D tr H-hi Jhi h-H-h- 0
          H 0 H-CO n tr. t< CO
          h- H- h-ci.cDcD (D(D hi
          Oh- (D ci.cn H- h-
          >: h-H ci. LC 0
          n (Dh- n t
          ci. CO
          H
          h-
          N
          (D
          hi
          cn
          ci.
          kc h-
          CO CO
        
          
          C) CO C J H- h- X > H
          hi h- C t CO H- rn
          H-cD  (DO H-
          tro crhhH-CO rr
          (D C) h-
          (D h-C h-CO
          tH t Y (D
          H H C (D hi h- H
          CO(D(D (Dh-LO
          (D < C CO (D LCD
          (D LC cD hh t hi —J
          h-COt
          (D (DO H- c i.
          COCOcDh-
          0 c DC (D(Dh-
          (D cr t (D
          H C c i .
          trxcD h- 0
          (D CO H tH C
          C(D X(D <
          h-CO I (D
          (D Z O hi
          cn çn
          h-hiCO c DZ<
          C hi hi crcD (D CO
          (DcD(DCOhih-
          (DCOC hi h-
          H h- tr cD
          LC (D H- (D C (D LCD t
          LOhi
          h- COCH-h----JC
          cD. hi
          (D > H0H
          C c i .
          Hh-CO (D
          C cci.
          Y çD hi (D h- hi (D
          CO i.h- :t hi h-
          -. 0 (D (D
          cD (DC cLH-(D
          H-ci.hi CO
          t h- LL (fl
          t HC (D tr t
          hi h- hi h- LJ- (D h- (D
          H-h-(D(D(D t0
          CO (D C) (fl (D H
          Cci. h-h-t cn
          h- (D0H
          h- cD CC) cD
          (D C (D hh H- CO t
          h- cD(DcD
          h-h- ) cDH t
          tC C Ct
          (D < hi U- t hh C
          R H-cD H- cD hi
          hihih-ci.t h-
          h- HHt (D
          Y (D0C
          (D (D CO H-hi hi
          h- C H (D
          hi
          fl
          hh h-C(DC0H
          cDhiCO H-ØH
          0
          C tN Crn
          (Dh-0(D Crn
          H (DH-t <01
          ci.tC0hih-<
          H cD hih-(D
          CH C H(D
          t
          C (flH-(D hi
          H-hi(Dhi > hi
          > tCCO(D
          h- ci.CH-
          - -
          9
          H t(D CO O
          H-C) Ht (D
          (D H-hici. o
          H i. (D
          33
          K K HcDChi
          LCD YU h-
          ff
          cDCO Ch-
          LOh-(D H-(Dh-H
          th-H
          ( -fl hih- ci.
          0
          HCO >H-Ch-O
          cD C C I
          CO t(D h-C(D
          h-t ci. JhTh
          CcDH H C)
          th-(D
          t
          < tH CChi(D
          COC ci.H
          i
          H- t hi (D
          (D (D CO
          0
          COc CcDci. tr
          (D(D
          H- hi CO (D cD (D
          COO cD H
          h-HUh- hi (Dhi
          tci.C(DhiCOH
          ff
          R (D h- ci.CO
          çD H- çn H-Lo
          S
          h- h-Hj
          ci.COhiCCOcDLO
          t
          C H hi (DCt LCD
          DC ) hThCO —2
          LCD hicDLO
          TC(D (Dhi
          T)
          HLOhiH-cDC —J
          (D :
          Ch- h-CcD
          H- C <
          DH-hih-(D t
          O (D hh J (D
          hi -h- hi cD
          h- t
          C CO C t
          H-hiUJ- hi C çD
          C) (D hi H- t
          hThhTh hi hh tt
          HC (D cD C
          t ci.H- Ht
          CO N)ci.hi
          cD C L t C
          H-cD hh J LO h-
          hi(D h- hi
          COH- H-cD
          ci.h-COh- H-h-
          H- 0ci. I cD
          COh-CO(D
          H H-(D t hi
          (flCcD CH-
          ChiZ
          C CO cDhi
          hih- > :h-HcDCO
          C) i.H-
          (D çD tH CO (D
          H-h- h-hi>:CO
          cDhiCO(D hi
          cD tH (D H-(D
          C) hh hi H cD h-
          H (D c D c D(Dh-
          h-(DC LOC
          > :h-ci. h-
          COhihi LO c D
          fl :
          t CO C (D H
          C t hi
          C) hi h-h (D
          H-H- hi C
          H-fl (D (flh-
          h-H-hi (D
          H C Cth-
          h- H-hi
          H c Dt(D(D
          hi H-C) hi
          H h- (DcDh-
          C YcD ci.
          COH- i. H-
          H- h-CO
          DCOh-H-HcDh-
          ci.H COChit
          (DCO CH C
          cDh- (Dt
          H-H-
          h- (D :hiH- CcD
          hThcD cD t
          C çD C hi hi H
          H (Dhihi t ( D
          CO0H (Dh-
          LCD hi (D (D ci. t
          C çD H (D h-
          LCD LC (D C
          rn cDci. hi
          H-h-h h- c Dci.C
          tH-h-H
          C hi C h-
          hi C H”< h-
          cohici. (D
          
          H h-h-
          LO (D CO CThD
          C hi
          LO(Dhi (D
          h-h
          hi h-(D
          C
          fl
          Dh-hi h-0h-ucD 000tH- tH
          0
          0
          NDH- C ttcDCC(Dhi (Dhirn
          rr
          t(D0H (D (DDC > : hiHci. CC J
          CO
          t
          (DhiC(D C) 0H <:t
          T)
          hiCH-C CO CcD ci.ohi (Dt
          J < LL c D X hit(D(DH-CH C
          0
          C) (D CO H-C) H-rrhi :H- (D H H-COhi
          0 (DC(D cDC C H C
          t
          H-h-
          < UX (Dh- (D thi tt
          H-Ch-hi c D HH-COX(Dh-H- > :(DcD
          H hh c D COt h- bC CO H-hi tC) çD
          h-hh- H H- CO• h-h(D tCOt c
          H (D(DZh-cD(DC th- cDhi CCO
          H
          
          
          H
          CO
          H
          c D
          H-hi > : h-ci. : h- C hi Hh-
          H-XC COci.h-h-h- cD h- Ch-
          hihi H- h- <: h-hcD cD (DC) cD c (D HH<
          h- 0CcD h- hi>:cD oci.(DcT)
          HZC hici. 0H hiCh-(nh-cD C
          C > : c D cDCcD(D tcDci.CO<
          cDt hih- :(Dhi
          0(D hiR DH-XH-t
          >:COH-(Dhihi h-h(D cDhih-CO
          ci.CcDh-H-(Dh- ci.C cDH . t (D
          h-CO < (DH-hiCOt h-
          h-cDH- (DC(D CO cDt tZhicDh-
          tci.C CO ci.hi hi h-h-cD (D çD >: (D
          (D(D (D
          cDChi
          hi LC hit h-hC C C) C hi
          (DcDh-(D (Dt H- Cohi>:ci.H-cn
          >:
          (DDh->hiJ>: (Dhi (D h- H
          H-(DJH H- h-hi H-Ch-h-
          h-0u C c DH-(D(D0H
          (D H- ci.(D h-h cD cD
          C) cD cD Hhi hi çD (D Hci. >: HcD CO
          CCOH h- C . C) COCOcDH (Dci.
          CO cD ci.H H-(D
          h-h- t h- Z H h-h->:0(D h-h
          CO H-cD (D tci.>: LC t H-(D C
          Ct (DhicD D cDh- (D hi
          cD t0 cD Hh- H-CO Cci.C
          CC > : h-H- h-h >:H-
          ci. hi H-H->: (DC (D ci.cD H (D h-
          h-H C h-h
          
          crohi(DL0
          (DO
          hihiH-Ø
          crCao
          h-H- : >:o
          3 J Bkz hi
          JO (Dh-
          c ci.hicD
          H-rr
          hi(D Xhi
          H-hi J
          H (D h-
          L CO hi
          o H- J
          ci.ci.h-
          O(D(D CO
          
          Jh - JH-
          H-H- h-
          O O Jh -
          (D(D hi ( D
          ci. ci.
          t H-
          B Jh-c J
          ci. CaH-
          ci. C)
          hi O(D
          (DH-H- ‘hi
          t < L
          Oh- Jhi ( D
          hi (Dhi (D
          h -hiC COh -
          (Dhi JH-
          c i .O c i . i
          H LQH- (Dt
          < Jhi t
          h- h-cD
          CThDC çn
          (Dci.hiOH
          (D çB
          h-
          Oh-O
          t
          • (D
          H-O O(Drt
          Ca cL LC
          c cLH- >
          H- O JCa J
          h -CaOhiR H Ca
          0 > CQ J
          H Th h-
          (D çn H-
          rtt< Oh
          h-(D(DH h
          (D(Dhi Ct t
          hihitC >(D
          h (D(D>thi
          C tt(D JH-
          0hi CaO J
          (D çn YH
          hht J H
          J OhiH J(D
          (Dhi (DCaH
          CaOH (D
          HØ Ca Oci.
          OO c CO>:
          Ca:
          • ci. BH <
          Hci.h- > :ocD
          (DH-O < Jhi
          rrh-hicDci.Co
          hiH-h-hiO
          O CO >:
          B hi i.(D
          hi (D Dhi
          R i. Jh-(D
          h ' <(D
          (D h
          LO(DO h-hi
          LO hiCaH-H-
          m(n O(D
          ttr ci.
          H-(D(D
          OO(D
          H-OhiO
          >: J (Dhici.
          tH (Dci. (I )
          H- Bhi
          O th- ( D
          t J Ot ( D
          t (DO (D
          tt hi(D
          (DOh-OH-hi
          hi J O
          (Dh-hiHci.(D
          N(D O
          t (D 00
          hihih-COhtR
          (D
          COhiO
          CO (D Ot
          (D h-
          i.G) H-h-
          hi 00
          thi
          H-cD Co
          COci.
          c i .
          LH
          B
          >
          R
          (I )
          hi
          Ca
          >:
          t
          0
          C)
          0
          
          
          (D
          
          h-
          0
          
          h-
          t
          (1)
          Z
          
          hi
          ci.
          H-
          CO
          t
          Ca
          H-
          h-
          
          çn
          h-
          H-
          0
          
          .
          hi
          c
          (D
          R
          
          o
          
          
          L
          LH
          B
          >
          R
          ( I )
          hi
          Ca
          >:
          t
          0
          t
          
          rr
          H
          H-
          C)
          H
          R
          C)
          0
          
          
          (D
          
          h-
          0
          
          h-
          t
          (D
          t
          
          
          çn
          
          hi
          H-
          LL
          t
          h-
          CO
          t
          hi
          B
          C)
          h-
          H-
          C)
          (D
          CO
          0
          h - h
          t i
          CQ
          rr(D
          H Ca
          H-
          OO
          mrr
          (D
          çt
          (DO
          hi
          HhLH
          (D J
          Cahi>
          (DR
          (D
          Bhi
          CQ
          ci.
          B
          cD t
          Nt
          h -cD
          hi J
          Bhi
          L-J-H
          
          c i .tr
          H-
          OH-
          H-
          B
          HUh-
          hi
          H-
          H- J
          H H
          F— Co
          H-
          rr
          ( D
          COhh
          0
          Bhi
          ( D
          ci.
          h-
          > :
          Y ( D
          0
          Cn
          th-
          çB J
          
          
          hHLH
          (DO J
          hi >
          hi R
          OO(D
          hi Jhi
          H-C OCa
          COG)
          h- >:
          h-
          H O
          B ( D
          >:ci.
          OH-C
          H hO
          H- h-
          C)
          (Dh-ci.
          Y ( D
          (D
          h- (D
          tci.
          (DG)C)
          ht(D
          t(DCO
          
          Tci.tr
          H JJG )
          H-
          C)h-O
          Cahi
          t (D
          hi
          OC)h-
          O J
          (D ( D
          OCO
          (DCJJ
          h- h-
          O J J
          hi h-
          COci.(D
          
          B (fl
          J ( D
          i.COO
          
          TCOhi
          R H-
          h-
          <
          
          CThD(D (DOm
          cLhi Jtr :c c)H H- C)
          <(D : Oh-
          OG)Nhi OH
          >:hi ' (Dh-C)(D
          H-COG) H-(D
          ci.X :H- hiU
          J(DCahi t
          hi JH- ( D
          CaQO H JH O
          H- (Dk (D H-
          h-C H h-(D'
          (D h -H
          cB(D WQ:H t
          h- H-H JX(D t
          H- UC (D B
          OD(D(DH-hi t
          hici. Nhi JOt
          CoO J
          • h- Lt H hi
          LL (fl I H WOh
          t I H-hi C) (D > : ( D
          h -CO NH-CaH-
          h- hi
          h- J
          O (n :h-
          H- hi h-(Dkz
          B JH-' CO(D J
          Lt hi
          i. Hhih-CO
          0 h- “
          J(DW hi
          LC
          OCO Coç )(D
          JL 1U h- J
          J ci. JZ JNh-
          hi H- (DCO J
          OtH<'
          (DO N htt
          LL ' BZ(Dt
          BH- h-H-hi(D
          hi H (fl R
          (D i.H-Z H
          H H- JNC
          B N : H
          K ( D
          h-CO hi
          0
          
          H-
          C)
          J
          h-
          H-
          0
          
          h-
          0
          h-
          t
          (D
          0
          0
          <
          (D
          hi
          
          
          (D
          
          h-
          IH
          I
          Ihi
          I '
          lcD
          f<
          tOhit hi COCOh-
          Oh-(Dhi < h-
          t H- CO 0 H B h-h hi H
          (DOh- h- hh J
          CO t(D H- (DhCO
          H-h - 0 hi(Dh-
          h- J (fl G)• J
          O hit CO ci.
          ci.< (D (D C)
          hi H-COO H- (D
          cDt Cot H- 0
          OhiH-O J h- > :C
          (DOh- H H-cDO
          H-h -H-CO
          < (D (D t H-cD hi
          (D O . ci.hi h-
          h t çu
          BH-H t h- 0
          O HO H-h-
          O
          0 H- h- (DH
          COOCO J(D
          H- Hci. çn ç) 1
          h- J ci.hi 0H
          H-h-' H- ci.< CO
          < h->: cD
          (D (DL J-H-O thi
          OO çn j
          hi hi H- H hi
          (DH ci. cB(Dci.
          CO h CO
          t H hH h -h-
          0 h- < tH-
          (D c cDci.cD
          Cah->: (D cD
          (DOH-(fl h O
          h-t h- . H-h -
          h- (DO (D
          Ohi C) i .cD
          (Dh-H-h- hi
          h-cD J h-
          tci.cD H JJ
          H0 (DO
          Ca n t
          t çn B h-h
          hi 0 cDt h- H O
          cD h-hot t
          £ H0 cD cD hi
          O Jhi
          cDtH h-c) çn
          COH- (DO h-O
          h- t < H-
          H J hi cD Oh-
          Ot hi
          t hi Co CO
          OcD
          cBhiH-cD h-tr
          h-h-
          ci.cD cD h- çn
          hi hh-
          cD hi çn 0
          N h- XcD
          t 0 (D Ca
          hi Ca H • L i-
          cD
          Cah-
          Ca tH-H- B cD
          HcD Ca Ca Ca
          0 H- hi H
          B H
          OcD
          h-h
          0 H
          hi
          .
          
          C D
          H
          Lo
          LC D
          CD
          -
          C J
          LCD
        
          
          E/CN.4/1998/39
          page 49
          searched and magazines, books and correspondence were confiscated. It was
          alleged that Mahmut Sakar had been detained solely on account of his work as a
          human rights advocate.
          170. On 7 October 1997, the Special Rapporteur sent a joint corimunication
          with the Special Rapporteur on the promotion and protection of the right to
          freedom of opinion and expression concerning the lawyer, writer and doctor of
          philosophy Esber Yagmurdereli. According to the information received,
          Dr. Yagmurdereli was tried and sentenced to death in 1978 for “trying to
          change the constitutional order by force”, under article 146 of the Turkish
          Penal Code. The sentence was commuted to life imprisonment on account of a
          physical disability. In 1991, Esber Yagmurdereli benefited from a conditional
          amnesty which suspended sentences for offences such as the ones contained in
          article 146 of the Turkish Penal Code. As a result of a speech made after his
          liberation, the Istanbul Security Court convicted him of “separatism”, and
          sentenced him to 10 months' imprisonment. The sentence was confirmed by the
          High Court of Appeals. Consequently, the Samsun Criminal Court decided that
          Esber Yagmurdereli will be obliged to serve the remainder of his previous
          sentence. An appeal was reportedly turned down in mid—SeptercJier.
          171. On 7 Nover er 1997, the Special Rapporteur transmitted an urgent appeal
          to the Government of Turkey concerning Judge Kamil Sherif, who resigned from a
          case on 6 November 1997 because of alleged intense pressure to influence the
          case from some foreign and Turkish institutions and politicians. The judge
          was presiding over the trial in the town of Afyon of nine police officers
          charged with the death of the leftist journalist Metih Goktepe in
          January 1996. The Special Rapporteur also referred to his letters to the
          Government of 16 February 1996 and 21 May 1997 in which he expressed his wish
          to undertake a mission to Turkey in order to investigate, in situ , allegations
          concerning the independence of judges and lawyers.
          Communication from the Government
          172. On 27 November 1997, the Government provided the Special Rapporteur with
          a reply to the joint urgent appeal sent on behalf of Esber Yagmurdereli.
          According to the Government, Mr. Yagmurdereli is a member of an illegal
          terrorist organization called THKPC (Revolutionary Pioneers of the People) and
          was sentenced to life imprisonment for having violated several articles of the
          Turkish Penal Code, including incitement to robbery by use of force and
          incitement to looting. He was released under a conditional amnesty
          on 1 August 1991, but corimitted another crime by contravening article 8 of
          the Anti-Terrorist Law (incitement to violence against the State through
          propaganda) only a month after his release. The Turkish Penal Code stipulates
          that if a person to whom a conditional amnesty is granted corimits another
          crime, he or she would be required to serve the whole remainder of the
          previous sentence along with the new sentence. Mr. Yagmurdereli was then
          sentenced to 10 months' imprisonment on 28 May 1997 by the Istanbul Security
          Court and as he was required by law to serve the remainder of his previous
          sentence, he was consequently sentenced to a total of 23 years of
          imprisonment. His appeal was rejected on 20 October 1997. However,
          Mr. Yagmurdereli was released on 9 Nover er 1997, on the grounds of his poor
          health, in compliance with article 339/2 of the Turkish Code of Criminal
          Procedure. The Government emphasized that the release does not constitute an
        
          
          E/CN. 4/1998/39
          page 50
          amnesty but a release on health grounds, and his sentence has been suspended
          for one year. The duration of this suspension is subject to the discretion of
          the Chief Public Prosecutor.
          173. On 5 January 1998, the Government of Turkey provided the Special
          Rapporteur with a reply to his letter dated 7 November 1997 regarding the case
          of Judge Kamil Serif. According to the Government, Mr. Serif asked to resign
          as he claimed to be under pressure from public opinion, the media, the press
          and other circles, including some political parties. He claimed, furthermore,
          that he had been receiving letters and telephone calls from Istanbul, Ankara
          and Australia, and that he had been hurt and disturbed by local and foreign
          reports that he had been bribed. The Government added that Mr. Serif had
          declared his unwillingness to continue to preside over the trial as he had not
          been in a position to maintain his impartiality. The Special Rapporteur was
          also informed that in conformity with article 29 of the Turkish Code of
          Criminal Procedure a judge may request to be excused from a case on legal
          grounds and the approval or refusal of the judge's request is decided by the
          Superior Court. In this regard, the request of Judge Kamil Serif to be
          excused from the case of Mr. Metin Goktepe is being considered by the Sandikli
          High Criminal Court.
          Ob s e r vat i on s
          174. The Special Rapporteur thanks the Government of Turkey for its responses
          and welcomes the release of Esber Yagmurdereli, albeit on a suspended sentence
          for health reasons. With regard to the case of Judge Kamil Serif, it is not
          clear what steps the Government had taken to protect him from inappropriate
          and unwarranted interference with the judicial process as provided in
          principle 4 of the United Nations Basic Principles on the Independence of the
          Judiciary. The Special Rapporteur has not received a response to his earlier
          interventions dated 21 and 27 May 1997. In addition, the Special Rapporteur
          reiterates his interest in carrying out a mission to Turkey and hopes to
          receive a positive response to this request.
          Venezuela
          Communication to the Government
          175. On 19 February 1997, the Special Rapporteur transmitted an urgent
          appeal to the Government of Venezuela concerning the case of lawyers
          Adrian Gelves Osorio and Joe Castillo, members of the Human Rights Office of
          the Apostolic Vicariate. According to the source, the Public Ministry brought
          charges of “usurpation of functions” against the Office of the Apostolic
          Vicariate. The charges were alleged to have arisen from two complaints sent
          in November 1996 to the General Commander of the State Police, concerning the
          death of a civilian at the hands of police agents. These complaints contained
          detailed information on the incident, including the names of witnesses, and
          requested an investigation. The Venezuelan Penal Code defines the felony
          charge of “usurpation of functions” as the “unauthorized assumption or
          exercise of public, civil or military functions”. According to the source,
          there was no basis for such charge. It was reported that one of the main
          tasks of this organization is to monitor arbitrary acts of violence corimitted
          by police forces, especially against indigenous people. Registration of
        
          
          E/CN.4/1998/39
          page 51
          formal complaints is part of its functions and is supported by the
          constitutional right of petition (article 67 of the Venezuelan Constitution)
          Ob s e r vat i on s
          176. To date the Government has not responded.
          YuQos 1 avi a
          Communication to the Government
          177. On 19 August 1997, the Special Rapporteur sent an urgent appeal to the
          Government of the Federal Republic of Yugoslavia in which he expressed his
          concern about Mr. Nikola Barovic, a lawyer and human rights advocate who,
          during a live television debate, was reportedly assaulted and seriously
          injured by a bodyguard of Mr. Vojislav Seselj, leader and presidential
          candidate for the Radical Party and Mayor of the Belgrade municipality of
          Zemun. According to the source, Mr. Barovic defends many politically
          unpopular clients in the former Yugoslavia, including both ethnic Croats and
          Serbs as well as Albanians. He was reported to have defended a family of
          ethnic Croats evicted from their homes following an eviction order issued by
          the Zemun municipality which was reportedly overturned by the Belgrade
          District Court on 10 July 1997. It was also reported that Mr. Barovic has
          spoken out publicly against the authorities' policy of ethnically motivated
          evictions.
          Ob s e r vat i on s
          178. So far, no response had been received from the Government of the Federal
          Republic of Yugoslavia.
          V. CONCLUSIONS AND RECOI Th 1ENDATIONS
          A. Conclusions
          179. The Special Rapporteur views with some concern the increased number of
          complaints concerning Governments' identification of lawyers with their
          clients' causes. Lawyers representing accused persons in politically
          sensitive cases are often subjected to such accusations. Generally only a few
          lawyers undertake such cases in any jurisdiction; hence, they are usually
          quite visible. Identifying lawyers with their clients' causes, unless there
          is evidence to that effect, could be construed as intimidating and harassing
          the lawyers concerned. The Governments have an obligation to protect such
          lawyers from intimidation and harassment.
          180. The United Nations Basic Principles on the Role of Lawyers expressly
          call upon Governments to guarantee, inter alia , the following:
          W 16 Governments shall ensure that lawyers (a) are able to perform all
          of their professional functions without intimidation, hindrance,
          harassment or improper interference; (b) are able to travel and to
          consult with their clients freely both within their own country and
          abroad; and shall not suffer, or be threatened with, prosecution or
        
          
          E/CN. 4/1998/39
          page 52
          administrative, economic or other sanctions for any action taken in
          accordance with recognized professional duties, standards and ethics.
          Where the security of lawyers is threatened as a result of
          discharging their functions, they shall be adequately safeguarded by the
          authorities.”
          Principle 18 expressly provides that “Lawyers shall not be identified with
          their clients or their clients' causes as a result of discharging their
          functions.”
          181. Hence, the Special Rapporteur considers that where there is evidence of
          lawyers identifying with their clients' causes, it is incumbent on the
          Government to refer the complaints to the appropriate disciplinary body of the
          legal profession.
          182. There has also been an increase in complaints of Governments'
          non—compliance with internationally accepted standards of due process,
          particularly in terrorist—related crimes, raising questions concerning the
          integrity, independence and impartiality of the courts. The Special
          Rapporteur is continuing to gather information on this issue in order to
          better understand the difficulties faced by Governments in complying with the
          standards of due process in such cases and the extent of miscarriages of
          justice committed by the courts.
          183. The Special Rapporteur also expresses concern over the nur er of
          countries where judges are appointed on a provisional basis without security
          of tenure in breach of principles 11 and 12 of the United Nations Basic
          Principles on the Independence of the Judiciary. Such appointments become a
          serious threat to the independence of the judiciary, particularly where the
          provisional judges are conferred with the same powers as permanent judges and
          remain on the bench for a prolonged period of time. Such provisional judges
          are vulnerable to executive interference and even tensions within the
          judiciary.
          184. The problems faced by countries in transition in providing an
          independent and impartial justice system are a matter of concern. It is
          acknowledged that in addition to the lack of financial resources, the lack of
          human resources and of infrastructure are serious contributing factors.
          The prevailing situations in Rwanda, CarcJiodia and some countries in the
          Eastern European region are some examples. The Special Rapporteur continues
          to liaise with the Activities and Programmes Branch of the Office of the
          High Commissioner for Human Rights in this regard.
          B. Recommendations
          185. Arising from some of the observations made earlier on the country
          situations and on his activities, the Special Rapporteur wishes to make some
          specific recommendations.
        
          
          E/CN.4/1998/39
          page 53
          186. In the case of Switzerland, the Special Rapporteur recommends that the
          Swiss Government offer adequate compensation to Mr. Clement Nwankwo and
          thereby avoid any protracted civil suit before the Swiss courts and the
          resultant cost and expense.
          187. In paragraph 4 of resolution 1994/41 creating this mandate the
          Commission urged all Governments to assist the Special Rapporteur in the
          discharge of his mandate and to transmit to him all the information requested.
          In the spirit of this paragraph the Special Rapporteur urges Governments that
          have not responded to his interventions and requests to undertake missions to
          do so.
          188. The Special Rapporteur requests all Member States to respond promptly to
          the questionnaire on the implementation of the Basic Principles on the Role of
          Lawyers which is expected to be sent to Governments before the end of 1998 by
          the Centre for International Crime Prevention in Vienna. In this regard, the
          Special Rapporteur also requests Governments that have not responded to the
          earlier questionnaire on the implementation of the Basic Principles on the
          Independence of the Judiciary to do so as soon as possible.
        
Exit mobile version