UNITED
NATtONS
Econqmic and Social
Counc i l
C( *I1SSI 1 ON Ut iiN RIGHTS
Forty—fifth session
Agenda item 17
Dintr.
Gz qER L
E/CN.4/1909/25
S ?ebr'J,ry 19O
Oriqina1 ENGLISH
QUESTION OF THE VLOLATION OF RURM RIGWFS MID PWIDAMENTAL FREEDOMS
IN AWY PART OF THE WORLD, WITH AflICULAR REPEREKCE TO COLONIAL
AND aFH R DEPENDENT COUNTRIES AND TERRITORIES
Su., ary or arbitrary executions
Report by the Specia l Rap rteur Mr. S. J 1iOS Wako , pJrsOaat
. to Economic and Social Council resolution 1980/30
E
CE • 89.10 4O2/OlB6
E/OI.4/1909/25
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. CONTENTS
I ntroduction .
I. AOPIVITIES OP OEE SPECIAL PSPPORFEUR .
A. Co..nu]_tations .
5. Co.atjnlc .tiorrs .
C. Joint hearings on southern Africa .
II. SITUATIONS
A. General
B. country situations
III. i ALYSIS OF TEE PHENOI4EWON
A. Reoedial and/or preventive measures for
the protection of the right to life:
international standards
B. Co—ordination and co—operation of aechanisas
Iv. CONCLUSIONS MID RZCOF IENDATIONS
Chapter
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B/cN.4/1989/2S page 1 Introduction 1. The present report is subm itted pursuant to Economic and Social Council resolution 1980/38 entitled Su’ ary or arbitrary etecutionC. This is the seventh report of the Special Rapporteur to the Commission on Human Rights on the subject. 2. In his six previous reports {E/CN.4/3S83/l6 and Add.l, E/CN.4/]S84/29, E/CN.4/l905/17, E/CN.4/i986/2l, 5/0 1 .4/ 1 9 87/2 0 and E/cPq.4/1908/22 and Md . 1 and 2) * the Special Rapporteur has dealt with and examined the varices aspects of the phenomenon of sulmary executions, including legal and other theoretical issues. Re considers that all the basic elements of the phenomenon have been discussed in earlier reports and that a sufficiently clear and comprehensive picture has been presented. 3 OEe present report follows the genera]. structure of the Last report, except that urgent appeals t 0 Coverneents are desaribed in chapter II B of the present report together with other co unications forwarding aLlegations to the Soverneents concerned and replies and observations therefrom – The Special Rapporteur believes that this, together with a more detailed description of alleged situations and cases • will present a more comprehensive picture of the situation in each country. I. In chapter 111, the Special Rapporteur describes two issues which are being dealt with or are expected to be addressed in the near future. The two issues ares (a) recent develop.ents with regard to establishing international standards on remedial and/or preventive measures for the protection of the right to life; and (b) co—ordination and co—operation of various mechanisms and organs relevant to the mandate of the Speo a1 Rapporteur, which the Speosa]. Rapporteur considers of vital iliportance in enhancing the effective implementation of his mandate. . 5. Pina lly, in chapter IV, the Special Rapporteur gives conclusions and recofllendationS, Which are based on his analysts of the inforisation he has received and consideration of practical Imeasures to be taken in the immediate future.
E/cN.4/1989/25
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I. ACTIVITIES OF THE SPECIAL RAPPOR 4Jk
A. Consultations
6. The Special Rapporteur visited the Centre for Euman Rights,
United Nations Office at Geneva, in July and October 1 1 ovei.bet lflS for
consultations with the Secretariat and again in January fla' to finalize his
report.
5. Coununications
1. Information received
7. En the course of his present nandate, the Special Rapporteur received
comnunications containing information concerning sus. ary or arbitrary
executions from Governments, non —governmental organizations and individuals.
0. Information of a general nature, in reply to the Special Rapporteurs
request on 30 September 1987, was received from the Governments of Barbados
and Venezuela.
9. Information of a qeneral nature and/or concerning specific allegations of
suimaary or arbitrary executions were received fran the following
non—governmental organizations in consultative status with the Economic and
Social Council: Afro—Asian People's Solidarity Organifiation, A inesty
International, Andean Commission of Jurists, International Association of
Democratic La /ers , International Commission of Jurists, International
Confederation of Free Trade Onions, International Federation of Human Rights,
Inter—Parliamentary Union, Regional Council on Uwsan Rights in Asia.
10. En addition, information concerning alleged oases of summary or arbitrary
executions was received frea a number of regional, national and local non—
governmental organizations, groups and individuals in various parts of the
world.
2. Allegations of summary or arbitrary executions
11. In the course of his mandate, the Special Rapporteur sent cables and
letters to Governments concerning allegations of imminent or actual summary or
arbitrary executions in their countries.
a) urgent appeals
12. In response to information containing allegations of imoinent Or
threatened sunuary or arbitrary executions which appeared prima facie relevant
to his mandate, the Special Rapporteur addressed urgent messages by cable to
23 Governments, appealing, on purely humanitarian grounds, for the
Governllents protection of the right to life of the individuals concerned and
requesting information concerning those allegations. These Governments are:
Algeria. Mgola, Bangladesh, Bulgaria, Burundi, China, Colombia, tI Salvador,
Equatorial Guinea. Guatemala, Haiti. Indonesia, Iran (Islamic Republic of),
Iraq, Jamaica. Jordan, (auritania. Peru, Somalia, South Africa, Suriname,
United States of Ajuerica, Viet Nail.
E/CN.4/1989/25
paqe 3
13. Replies were received from the following Cover,aents, Algeria.
Bangladesh. Burundi, China. Iraq. 3ordan, United States of America. Viet 11am.
14. These messages and the replies received are sugnarized in chapter 11, the
full texts are available for consultatioy, in the Secretariat files.
(b} Requests for information concerninq alleged summary or arbitrary
execut ion
15. OEe Special Rapporteur also sent letters to 36 Governments concerning
alleged Sunnary or arbitrary executions in their ccontries as follows:
Bangladesh, Benin, Brazil, Burma, Chad. China, Colombia, Czechoslovakia.
Democratic Yemen, El Salvador, Ethiopia, Guatemala, Haiti, Honduras, India,
Indonesia. Iran (rslamic Republic of), Iraq, Israel, Mauritania, Nepal,
Nicaragua, Nigeria. Pakistan. Peru. Philippines, Somalia, South Africa,
Sri tanka, Sudan, Syrian Arab Republic, OEailand, Uganda. United XingdcB of
Great Britain and Northern Ireland. Yemen. Zaire.
16. Replies were received from the following Governments, angladesh, Henin,
Brazil, Durma, Colouibia. Czechoslovakia, Bonduras, India, Indonesia, Iraq.
Nigeria, Philippines, Sri Lanka. Syrian Arab Republic, United Kingdom of Great
Britain and Northern Ireland.
In addition, replies were received from the following five Governments
concerning the allegations transmitted by the Special Rapporteur during 1907:
El Salvador, India, Mexico. Nicaragua, Syrian Arab Republic.
18. Furthermore, in the course of his present imandate, the Special apporteur
met the representatives of the following Governments in connection with
alleged sunisary or arbitrary executions in their countries Algeria, Benin,
murnia, China, India, Indonesia, Iraq, Nigeria, Sri Lanka.
19. The Special Rapporteur would like to express his utmost appreciation for
their positive co—operation with bin. He values these consultations and culd
like to have more of the with note countries in the future, as they help him
to be better informed and thereby to Bake a rare comprehensive report to the
C o mm ission.
20. The alleged summary or arbitrary executions transmitted to Govern. ents
and the replies thereto are su, aarized in chapter II. The full texts are
available for consultation in the Secretariat files.
C. Joint hearings on southern Africa
21. The Special Rapporteur joined the Ad fcc Working Croup of Experts on
southern Africa for hearings on southern Africa at the Working Group's 714th
to 731st meetings held in Harare. tusaka, and Dar es Salaaja. United Republic
of Tanzania, from 3 to 17 August l9BO. OEe infontation obtained at the joint
hearings is reflected in chapter II, section S. (paragraphs 236—245).
E/CW.4/1909/25
page 4
I I. SIWATI 1S
A. General
22. OEe information received by the special Rapporteur in the course of his
present mandate includes alle3ations of executions or deaths whrch may have
taken place in the absence of the safequards designed to protect the right to
life entodied in various intetnational instruments, such as the International
Covenant on Civil and Politictl Rights arts. 4, 6, 7, 9, 14 and 15), the
Standard Minimum Rules for th, Treatment of Prisoners, the Cnde of conduct for
Law Enforcement Officials, th Convention against Torture and Other Cruel.
Inhuman or Degrading Treatment or Punishment. an the Safeguards guaranteeing
protection of the rights of those facing the death penalty adopted by the
Economic .nd Social Council i; resolution 1984/50.
23. This infornation generaLly related to allegations of the following nature;
Ca) Actual or imminent k,tecutions:
Ci) Without a trial;
Cii) With a trial btifi without safeguards desigaed to protect the
rights of the efendant as provided for in articles 14 and 15
of the Internataonal Covenant on Civil and Political Rights.
Cb) Deaths which took Place:
Ii) As a result Of torture or cruel, inhuman or degrading treatment
during detentirjn;
(ii) As a result of abuse of force by police, military or any other
governmental C t quasi—governmental forces;
(iii) As a result of assault by individuals or paramilitary groups
under official control
(iv) As a result Of assault by groups opposing the Government or not
under its contl ol.
E, country situations
Algeria
24. on 13 October 1988, a cable was sent to the Government of Algeria
concerning t he widespread unr st throughout the country at the beginning of
October 1988 in which a large number of persons aLlegedly died as a result of
confrontations between civilb.ns and security forces.
25. OEe SpeciaL Rapporteur aDpeaied to the Government to take every necessary
measure in order to protect the right to Life of individuaLs and requested
information on the above—rRent&oned situation, and in particuLar the measures
taken by the Government to Pttvent further Loss of Life.
E/cS.4/19 69/25
page 5
26. On 2 Ilove.ber 1908. the Special Itapporteur met the Permanent
Representative of Algeria to the United Ilations Office at Geneva in connection
with the above—mentioned situation.
27. On li December 1988, a reply was received fro, the Government of Algeria,
stating that no sululary or arbitrary executions had occurred during the
incidents in question. It was also stated that the Government deplored the
death of 159 persons during the unrest among whcn ,,ere demonstrators as well
as members of the security forces. Mcording to the reply, the Government was
responsible under the Constitution for the maintenance of public order and the
protection of persons and their property and therefore had proclaimed a state
of siege on 5 October 1988 which was lifted on 12 October 1988, when the
situation returned to normal. Tt was further stated that, under the
instructions of the President of Algeria, the Cooncil of Mininters had adopted
a series of measures at its meeting on 6 December InS in favour of the
deceased and those wounded during the incidents and that it had also taken
decisions concerning those arrested.
MQ0 la
28. On 15 Noventer 1988, a cable was sent to the Government of Mgola
concerning two alleged cases of imminent execution. Mcording to information
received, two persons named Marcolino Pazenda and Joaquim JIItonio were
sentenced to death on 24 October 1999 by the Loanda Garrison MiLitary
Tribunal, following their conviction for murder and robbery. In this
connection it was aLleged that, since the beginning of 1988, five persons had
been sentenced to death, without the right to appeal to a higher tribunal
against the death Sentences.
29. The Special Rapporteur appealed to the Government to look into the
above—mentioned canes and requested information on the., in, particular
regarding the proceedings of the Tribunal, as a result of which the two
persons had reportedly been sentenced to death.
30. At the time of preparation of the present report no reply had been
received from the Government of Mgola. .
Bangladesh
31. On 30 May 1989, a cable was sent to the Government of Bangladesh
concerning ar alleged case of inninent execution. According to information
received, a man named Mohiuddin was allegedly sentenced to death on
3 Iqovember 1985 by special Military Court No. 9 in Jessore. It wan alleged
that at that time th, defendant was not granted the right to appeal against
the verdict and sentence of the Special Military Co irt. Furthernore,
Mohilk6din's petition for mercy was Raid to have been rejected by the
President.
32. The Special Rapporteur requested information on the case, in particular
on the procedures of the Special Military Court.
33. On 9 November 1989, a letter was sent concerning an alleged case of death
in detention. According to information received, on 5 Noveier 1987, a person
named Abe Sayed MokseduL guq Rinto, a student fro” Cotwali in Barisal, died as
V O l. 4 / 1 9 89/25
page 6
a result of beatings while in detention at Barisal gaol. It was alleled that
the post—mortem, ordered by the Deputy Coimninsioner of Sarisal, found that
Rinto had died due to head injuries and that his body carried oeart s of
beatings. No investigation Wan knc 4n to have been carried Out so far on the
case.
34. The Special Rapporteur requested information on the above—mentioned case,
and in particular. on any irlllestigation carried out into the case, including
an autopsy, and any measures taken by the authorities to bring those
resronsible to justice and prevent further occurrence of such deaths.
I Jut, 3 t9&&. a rept,3 was received trot the Govettoeattt at aaqOEdsatt ta
the cable of 30 May 1988, stating that on 26 Kay 1908 the President had
consjted the death sentence iIT osed on Mohiuddin to life isiprisoni,ent.
36. On 16 Decenter 1988, a reply was received from the Covernoeent of
Bangladesh to the letter of 9 Nove*er 1988, stating that a judicial
investigation was carried out into the death of AS. Moksedul Huq Rinto in
Barisal gaol, that subsequently the chief and another gaol guard were charged
with havin9 contravened certain sections of the Fangladesh Penal Code
concerning the treatment of prisoners and that the cases were currently being
tried by the session judge of Barisal.
Sen in
37. On 9 November 1988, a letter was sent to the Government of Benin
concerning an alleqed case of death in detention. According to infornation
received, a person nai,ed Resy Clele flpokpo, died in custody on
18 January 1988 as a resu .t of torture in the Central Police Station
CoTtlissariat central) in Abolley. No investigation or inquest was said to
have been carried out concerning his death.
38. The Special Rapporteur requested information on the ahove—eentioned case
and in particular on any investigation of the case, including an autopsy, arid
any measures taken by the authorities to prevent further occurrence of such
deaths. .
39. On 23 necejiber 1988, a reply was received from the Government of Benin,
stating that there were no poritical detainees or prisoners of conscience in
aenin. It was stated that, during the periods of grave tension in the
country, certain people who bad decided to carry out activities wiII a view to
seriously disturbing the social order had been suinoned and placed under
administrative detention for questioning to clarify their involveeent in
activities which would endanger the social peace and stability of deijocratic
institutions. In order that those convicted of such activities cou1 assu e
full responsibility in accordance with the law, measures ware taken by the
competent Organs. It was further stated that, in order to deal with the
abusive practice of deprivation of liberty in garrisons by certain officers,
the Need of State had reiterated relevant provisions of the Fundamental Law
which embodied the principles of habeas corpus as well as Art No. 81—004 of
23 March 1981 and that he had again forbidden the practice of excessive
detention without charge. According II the reply, the People Central
Prosecutor • s Office (parquet populaire central) had a piandate to ensure the
legality of detention, to visiting places of detention regularly and supervise
E/CN. 4/1989(25
page 7
the adainistration of detention. It was also stated that various activities
were organized to inform and educate administrative bodies and the people in
general with regard to human rights, in order to protect citizens against
arbitrary action, With regard to conditions of detention, it was stated that
regular visits by the People s Prosecutor's Office ensured respect for human
dignity arid contributed to the rehabilitation of offenders in their social
life.
40. On 1.3 January 1989, the Special Rapporteur met the Permanent
Representative of Bentri to the United Nations Office at Geneva. With regard
to the case of Slfle Akpokpo, the Permament Representative seated that he lad
urged his Sovernment to carry out an inquiry into the case. According to the
Permanent Representative, if the person in question had been found dead, a
judicial investigation would have been held regarding the circumstances of his
death and the result of the investigation would be communicated to the Special
Rapporteur.
41. In addition, the Permanent Representative hriefed the Special Rapportelir
with regard to the recent developments in Benin concerning human rights,
including the estab usheerit of various national institutions under the new
Constitution c c .976, such as the People's Tribunal., and Peoples Prosecutor s
Office, the appointoeent of judges, the creation of the national. section of the
&ssociation of African Jurists, the organization of national seminars on human
rights and the recent reinstatesent of privately owned newspapers.
hrazil
42. On 28 July 1988, a letter was sent to the Government of Brazil concerning
the following allegations.
43. During the past several years. hundreds of persons, said to be criminal
suspects, have beer, killed in various parts of the coontry by so—called
vigilante groops whose meBbers alleqedly included current and former poLice
officers. In spite of efforts made at various levels of the Government to
suppress this phenomenon, killings continued to be reported. In Rio de
Janeiro alone, 47 persons ,,ere reported to have been lUlled by vigilante
groups in one week at the end of September 1987.
44. On 29 December 1987, in Pars State, at least eight unarmed persons died
when Pars State military police opened fire while clearing gold—miners and
their families who had been blockading a bridge at Maraba. in addition to the
eight confirmed deaths, 55 persons were said to be still missing, presumed
dead. Later, one witness, who had reported on television on 30 December 1987
that he had seen eight corpses below the bridge, was aLlegedly beaten to death
by a group of unidentified men.
45. On 28 March 1988, in the vicinity of the sro Leopoldo Indian area.
District of Benjamia Constant, State of Amazonas, four Ticurta Indians were
aLlegedly kilLed in Sri attack by the employees of a timber company operating
in the area. Despite the fact that the incident was seen by numerous
eye—witnesses those involved in the killings were allegedly released from
police custody.
E/CW.4/1989/25
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46. 0,, November 1988, another letter was sent transmitting information
alleging that, during the past several years. a number of persons, mainly
peasant soeallholders ( pesseirOs ) but also trade—unionists, priests and
lawyers working with peasant cosaunities, were killed by persons hired for the
purpose In a number of cases of such killings the police personnel were
alleged to have been directly involved. It was further alleged that the
authorities had failed to take effective action to investigate the killings,
to bring those responsible to justice or to protect those whose lives were
threatened.
47. The Special Rapporteur described, by way of example, 13 such incidents
which had allegedly occurred since 1987 In the States of Par , GOIIs.
Pernambuco, Minas Cerais, Espirito Santo, Rahia and Acre.
40. The Special Rapporteur requested information on the alleged occurrence of
summary and arbitrary executions and in particular on any investigations of
those cases, Including autopsies, and any measure taken by the authorities to
bring those responsible to justice and prevent further occurrence of such
deaths.
49. On 22 September 1988, a reply was received from the Government of Brazil
to the letter of 2ffi July 1980* statIng that the so—called vIgIlante group
were extermlnatio,? gro ups set op by highly dangerous outlaws of the
organized crime underground, and that the Government was taking the necessary
measures to suppreas such groups, for example in the state of S o Paulo, where
a highly specialised corps was being trained and deployed to deal with the
problem, With regard to the incident of 29 December 1987 in Pan State, it
was said that the Cc4usission appointed by the council for the Defence of Human
Rights (CEOW) of the Ministry of Justice II investigate the incident had
reccsmtended in its report an inquiry by the Department of Federal Police.
With regard to the alleged killing of four Ticuna Indians in the State of
Anazonas, it was stated that on 30 March l9 8 the Departnent of Federal Police
had begun its investigation of the killings and that the National Foundation
for Assistance to Indigenous Populations FU1IAI) had requested the Oepartnent
of Federal Police to detain those suspected of the murders, had folloved the
progress of the investigation in Benjamin Constant and requested the Ministry
of Welfare to extend pension benefits to the widows of the victims.
50. On 21 December 1988, a reply to the Special Rapporteur ‘s letter
of 9 Noventer 1988 was received from the Covernoeent, stating that the
allegations were under consideration by the competent authorities. The reply
stated further that the overnment considered as summary or arbitrary
executions only tbuse cases in which Covernment officials were actually
Involved.
Bulgaria
51. On 11 May 19 58, a cable was sent to the Government of Bulgaria concerning
three alleged oases of Imminent execution. According to information received,
three persons named Elm Madzharov, Aitsek Chakarov and Sava Ceerqlev were
allegedly sentenced to death or, 25 April 1q88 by the Supreme Court of
Eulgaria. It was alleged that there was no right of appeal to a higher
tribunal. The Special Rapporteur, stating that, in cases of capital
punishment, he was concerned wIII any allegation of absence of t],e safeguards
L/CIL4/ 1989/25
page 9
intended to ensure the basic rights of the individual, including the right to
appeal, requested information in particular on the legal provisions and
procedures under which the above—mentioned persons were sentenced II death.
52. At the time of preparation of the present report no reply had been
received from the Government of Bulgaria.
Burns
53. On 28 July 1908, a letter was sent to the Government of Burma
transmitting IIe allegation that during 1986 and 1987 a 1 -arge number of
unarmed civilians, said to be members of the Karen ethnic minority. had been
killed by the Burmese army during its counter—insurgency operations in Karen
State. It was alleged that the victims, who were suspected of links with
opposition groups, had disobeyed travel or rationing restrictions, or had been
sei2ed by the army to work as porters or guides were alle edly killed by
them. In his letter the Special Rapporteur stated that he had received a list
of 60 such victims.
54. on 9 November 1908. another letter was sent concerning the alleged
killing by Government forces of civilians belonging to the shan ethnic
minority during the past several years in Shan State. It was alleged that the
victims. either suspected of links with opposition groups or seized by the
army to . rk as porters, had been shot, stabbed or beaten to death. The
Special Rapporteur described, by way of exa.ple. eight alleged incidents of
such killings since the beginning of 1987.
55. rurtheniore, the Special Rapporteur transriitted by the saim letter
information alleging that, during the unrest in Rangoon and other cities since
June 1988. a large ntjiiber of persons had been shot dead by government troops
during demonstrations or had died in detention as a result of torture and
i 1 l—t re ataent.
56. The Special Rapporteur requested information on the alleged oocurrence of
susnary and arbitrary executions and in particular on any investigations of
those cases, including autopsiesr and any measures taken by the authorities to
bring those responsible to justice and prevent further occurrence of such
deaths.
57. On 4 October 1980. a reply was received from the Government of Burma to
the Special Rapporteurs letter of 28 July 1988, stating that, according to
the authorities concernedr including those in the remote frontier areas, no
cases of sumeary and arbitrary executions had taken place in the military
operations in the years 1986 and 1981.
58. On 22 December 1988 another reply was received stating that, with regard
to the allegations transmitted in the Special Rapporteurs letter of
28 July 1988, the burmese authorities had ro land it difficult to establish the
facts. since relevant particulars, such as names of victims and exact
locations of alleged executions. were not specified. However, it was also
stated that general and comprehensive inquiries, carried out in the oonand
areas IIere counter—insurgency operations took place during 1986 and 1987,
indicated that no sunny or arbitracy executions had occurred in those areas
as alleged. It was further stated that there were no records of official
E/CN. 4/1909 /25
page 10
coisplaints lodged by the families of the alleged victims with the local
authorities concerned. With regard to the allegations transmitted by the
Special Rapporteur a letter of 9 t ove'IIer 1980, inquiries and investigations,
carried out with the regiments and infantry divisions concerned, revealed that
the alleged sum mary or arbitrary executions had not taken place.
59. Concerning the demonstrations in Rangoon and elsewhere in the country
since June 1980. it was stated that the security authorities, in the process
of restoring law and order. had acted with the utaost self—restraint and had
resorted to shooting only when public and private property and the life of
citnens were in jeopardy. It was also stated that, in the general confusion
caused by certain unsccup flo s political. elements which had reached its peak
between 8 and 16 August 1988, action taken by the security forces had resulted
in 192 deaths and 570 injured nation—wide. including the death of
four soldiers and 19 members of the police force. It was further stated that
since 19 september 1980 when IIe national defence authorities had been forced
to intervene to assume State responsibilities, the security forces had taken
action to prevent vandalism and looting and to quell the general violence.
According to the reply, this had resulted in the death of 516 and the injury
of 212 looters country—wide and the death of 15 and the injury of 21 other
persons in the confusion of the violent demonstrations. With regard to the
arrest and detention of those believed to have been involved in the
disturbances, it was said that the State Law and Order Restoration Council had
enacted a new law ensuring due process of law with proceedings in Open court,
unless otherwise provided for by law, the right of the detainee to defence and
the right to appeal. .
60. On 11 January 1989, the Special Rapporteur met the Permanent
Representative of Burma to the United Nations Office at Geneva, who briefed
him on a number of positive develop ents which it was hoped would remedy some
of the conditions which had given rise to a situation in which loss of life
had taken place. J,ong the points mentioned ware:
a) More than one political party fly be registered and permitted to
operate and participate in elections but they lust be committed to the true
democratic system. Currently there are more than 167 political parties which
have been registered with the Multi—Party Democracy General Elections
Commission ,
h I The Multi—Party Democracy General Elections Commission has been set
up to prepare the successful holding of free and fair multi—party del*ocraoy
general elections,
cJ The persons who have been appointed II the said Coimsission have been
accepted by all the parties in Burma as persons of integrity, impartiality and
good reputej
{d) The groups of youths, students and monks who have been repatriated
from Thailand have been aocorded individual attention to ensure that each of
them has returned safely to their parents. up to 5 January 1989,
1,929 students had returned home.
61. On the same day additional information was received fro,, the Government
of Burma. Stating that the recent rumours that students who had returned from
the horder areas had been arrested and killed were totally false.
E!0L4/l909/25
page 11
Burundi
62. On 26 August 1988, a cabj.e was sent to the Coveriment of Eururidi
concerning alleged deaths as result of a tribal conflict. According to
infor,rntion received. thounnds of people had been killed since aid—August
1988 during a tribal conflict which had broken out in the north of the
country. OE rther inrornation received alleged that the intervention of the
arisy had resulted in even i r*, victil's.
63. The Special Rapporteur appealed to the Government to take all necessary
measures to ensure that the r qht to life of every citizen was fully protected
and requested information on she above—mentioned situation, and in particular
on the steps taken by the Government to prevent further loss of life.
64. on 3L august 1986, a note verbal.e ,,as received from the Government of
Burundi concerning the situation in the communes of Ntega and 4arangara and
the nature of the operations carried Out by the army. According to the note
verbale, on 15 August 1988, one week after tension had been increased by
elements who had infiLtrated the Local population and misled them to believe
that an attack by the other hnic populatton ,as imminent, a group of rebels
armed with spears, machetes, clubs and stones had attacked and killed the
inhabitants of Nteqa and pr eeded to the comment of Marangara with similar
intentions. It was also stated that, when the Government troops had arrived
at Uteqa on 16 hugust 988, thousands of peopLe had already died or
disappeared and hundreds or houses had been burned down, It was further
stated that the government troops had intervened %n order to stop the carnage,
but that a number of persons rot involved in the killings night have been hit
by stray bullets fired by the government troops. According to the note
verbale, in such a situation the security forces had no alternative but to use
their arms, not against innoc,nt civilians, but against the rebels who were
engaged in killing, raping and arson. It was stated that the victims included
people from all ethnic backgrounds.
Chad
6 . On 28 July 1988, a letter was sent to the Government of Chad concerning
the allegation that several persons had died in secret detention centres as a
result of ill—treatment. The causes of death were alleged to have included
lack of medical treatment, exsremety poor diet, lack of vater and Lack of
ventilation in overcrowded ceils, in addition to beatings and other physical
ill—treatment. One of the prisoners, named Guilou lassane, allegedly died on
18 November 1987 in a secret detention centre in NDjamena. It was further
alleged IIat no investigation Or inquest into these deaths had been carried
out.
66. The Special Rapporteur requested information on the above—mentioned
allegation and, in particular on any investigation of the case, including an
autopsy, and any measures taken by the authorities to bring those responsible
to justice and prevent furthee occurrence of such deaths.
67. At the time of preparation of the present report, no reply had been
received frc.' the Government.
B/CL 4/l 9 /25
page 12
China
6 . On 10 June 1988, cable was sent to the Government of China concerning
the alleged Umjp,ent execution of four persons named Lobsang Tensin, rsering
Ohondup, Gyaltsen Chophel and Sonam Wanqdu, who were allegedly involved in the
killing of a Chinese policeman during the demonstration on 5 March l9BB in
Lhasa, Tib et Autonomous Region. Since the official announcement of their
arrest a lr&gedly referred to them as the four principal crimina ls. fears were
expressed to the Special Rapporteur that the four might not have been granted
a fair and open trial and that they might be executed shortly after the trial.
69. The Special Rapporteur, being concerned, in cases of capital punishment, .
with any allegation of absence of the safeguards intended to ensure the basic
rights of the defendant as provided for in article 14 of the International
Covenant on Civil and Political Rights, requested information on the
above—mentioned oases, in particular on the legal provisions and procedures
under which the four might have been charged and tried.
70. On 12 December 1958. another cable was sent concerning alleged cases of
kifling of deilionstrators in the Tibet Autonomous Region. According to
information received, on 10 December 1988 at least two persons, a Buddhist monk
and a nun, were al].eqedly shot dead in Lhasa when the security forces fired at
a crowd of demonstrators at clone range without warning. Rxpressions of
concern were received by the Special Rapporteur that further deaths might occur
in sirailar confrontations between the security forces and the local population.
71. The Special apporteur appealed to the Government to take all necessary
measures to ensure protection of the right to lire of the individual and
requested information on the above—mentioned incident.
72- On 20 July 1988, a letter was sent to the Government of China concerning
allegations that, in the situation of ethnic unrest in the Tibet kutonomous
Region, notably since September 1987, several deaths mostly of Tibetans, had
allegedly occurred, including cases of shooting and beating to death of
demonstrators by the Chinese police forces and execution of detainees after
torture in prison. Several such alleged cases brought to the attention or the
Special Rapporteur were described as follows:
a) on 3 October 1907, two monks from Sera Monastery were shot dead when
they tried to prevent the police fron entering the monasteryi
b} During 1987, in Drabchi prison a number of persons were executed
without trial after having been tortured;
Cc) On 4 November 1987, Lobsang Wengchuk, aged 74, died shortly after
his release trom detention due t 0 repeated torture and maltreatment during his
imprisonment. However according to an official account he died of Liver
cancer;
(d) On 5 March 1988. during the demonstration in and around the Jokhang
Temple in flhasa several persons, including monks and lay Tibetans, were shot
or beaten to death by the police forces;
e According to an official account, a Chinese policeman was killed by
demonstrators during the above—mentioned demonstration.
E/OI.4/1989/25
page 13
73. On 9 NOvember 1980, another letter was sent to the Government of China
concerning the allegation that, in the tibet Autononous Region, several deaths
were alleged to have occurred as a resuLt of assault by police or prison
officers. Two examples of such alleged oases were described as follower
a) On 10 Nay 1988, a IIampa from Xanze died in a Lhasa hospital as
result of severe beatings in Cetsa Prison
II ) On L2 June 1999. in r.hasa, Tsangpo, aged 35, died as a result or
severe beatings after he had been arrested, together with two other men, by
the Lhasa TengtOr, Chue branch security police.
74. The Special Rapporteur requested information on the above—mentioned
cases, and in particular on any investigation of the cases and 3ny measures
taken by the authorities and/or the judiciary to estabLish the facts and bring
those responsible to justice
75. On 21 July 1988, the Special Rapporteur met the Permanent Representative
of China to the United Nations Office at Geneva and received a repLy from the
Government to his cable of 10 June 1988. The reply stated that the riots
which had occurred in Lhasa since Septe m ber 1997 were the work of a handful of
Tibetan separatists encouraged by the Dalai Lama, and that the incident of
latch USO was a case in point. It was further stated that, in order to
safeguard national security and maintain social order, the local Tibetan
authorities had been forced to take action to arrest the organizers of the
riots as well as those participants who had committed serious crimes,
incLuding those who had killed a police officer. This action, according to
the reply, was fully justified and Chinese judicial organs would bring the
criminals to trial strictly in keeping with the legal procedures and mete Out
due punishment to them in accordance with the law. with regard to the
judicial procedure concerning the death penalty, the reply referred to the
Government's cou unication of 1.3 January 1989 to the Special Rapporteur which
was described in his last report to the Commission on Human Rights
E/c l. 4/1988/22, pares. 79—80) .
76. On 29 November 1988. a reply was received from the Government of China to
the Special Rapporteur' $ cable of 12 December 1989. According to the reply,
on the s rning of 10 December 1988, leaflets advocating the independence of
Tibet had been found in the streets and later about 30 lasas and nuns had
gathered at the Ramoqe Temple and headed the Jokhang Temple square in Bargor
Street. On the way, a few other people had joined in and some of thea had
unfolded and waved the so—called national flag of the independent State of
Tibet e It was said that, as the cro,.d grew unruly, policemen on duty tried
to persuade the marchers to stop making trouble. but the latter had refused.
They had even thrown stones and bottles at the policemen. It was also stated
that after repeated unsuccessful admonitions, the policemen were forced to
fire warning shots, that, in the ensuing chaos, One lana, not two persons as
alLeged, was killed and 13 injured, all of whom, except two, had suffered only
minor injuries sad that they had received timely treatment. It was further
stated that, Since then, public order in Lhasa had returned to normal and no
conftontatiorr of the kind mentioned by the Special Rapporteur had occurred.
E/Q .4/1989/25
page 14
Colombia
17. On 28 October 1900. , cable was eent to the Government of Colombia
concerning alleged death threats to Nigela Toban Puertas, leader of IIe
teachers union of the DepartJTent of ATltioqoia (ADIDA) .
78. On 10 NoveiIIer 1988. another cable was sent concerning alleged death
threats to Ft. Jorge Eduatdo Serrano Ord65ez, a parish priest of San Pie X.
Cucuta, Department of torte de santander . made by a paraailit,ry group calling
itself 9luerte a revolucionarior liaR).
79. In both cables, the special Rapporteur expressed his concern for the life
of the persons named and requested infonation on the measures taken to
protect them.
00. On 28 July 1988. a letter was sent to the Uovernment of Colombia
concerning the allegation that dur ing the past year more than 1,000 persons
had been killed by members or the security forces and by paramilitary groups.
security forces units which were alleged to be responsible for such killings
included the police intelligence unit of the National police, (F—2) , the
army s intelligence division, (0-2) • the arrlys intelligence and
counter—intelligence battalion ( sataLZ6n de Enteligencia V Contra—Inte ligencia
(nI T)) • and regular army battalions and region l brigades. Evidence
allegedly suggested that the paramilitary groups known as death scjtiads
included police and military personnel and their civilian auxiliaries. It was
alleged that, in many of the killings by the ‘death squads • military weapons
and vehicles without number—plates were used and that those vehicles had been
seen near army premises or police stations. It was further alleged that both
civil and military authoritiws had failed to bring those responsible to
justice. Many of the victims were trade—union leaders and activists, members
of political parties, farm workers. human rights activists, lawyers, i dges
and journalists- rasts of several hundred victims, including many members of
the Central workers union of Colombia {CUT) and of the Uni 6 n Patriotica (UP).
were received by the Special Rapporteur, who described by way of example
16 incidents of killings which had allegedly cecurred during the period
between ;ugust 1977 and Nay L988
81. on 9 November 1988, another letter was sent to the Government of
Colombia, transmitting further allegations that, according to several sources.
between January and P.ugust l9SR, 50mm 400 persons, mostly peasants, were
allegedly killed in 4 incidents of oeassacrer of five or more persons. The
Special Rapporteur, having received, since August 1908, more than 150 names of
victims of such killings, alleged to have occurred since the beginning of
1988, described by way of exampLe 14 incidents which reportedly nccurred
during the pertod between March and October 1908.
02. In both letters, the Special Rapporteur requested information On the
above—mentioned allegations and in particular on any investigation of the
cases and any measures teken by the authorities and/or the judiciary to
establish the facts and bring those responsible to justice.
03. Letters were received fran the Government of Colc.iibia on 2!
and 29 August, U October, 9 and 11 Iloventer 1900 and 9 January 1989,
transmitting iricormation on a number of cases as followss
/cN.4/l969/25
page 15
(a) With regard to the oases of Salvador Mince Martifitez,
Nevardo Fern&ndez, Carlos Pass Lizcano arid Lija Stella Vargas, who were
allegedly killed on 22 October 1987 by meiters of the police in the
municipality of Bobo, Departrjent of Huila, it was stated that investigations
were in a prelij,inary stage;
(b) With relard to the case of the deaths of 21 peasants, members of the
ricultural Workers Union {SmTAGROI on I March 1960 on the estates of
La Negra and Honduras in the municipality of Currulao, Departrlent of
Mtioquia it was stated that the dninistrative Security Oepartnent DAS) had
conducted the preliminary inquiry and the prosecution was being prepared by
the judge of the Second Court for Public Otder. T 4O persons, a civilian and a
soldier, were stated to have been detained and 10 arrest warrants had been
issued so far;
0) With regard to the case of the killing of Alvaro Carc4s Parra,
Mayor of Sabana de Tones, Department of Santander on 16 August 1985, charges
were brought against two national army officers on 1 July 198B and the
criminal investigation was being carried Out by the Eleventh Court of Criminal
Investigation, sucaramanga. The proceedings were still in the pre—trial Stage
end no one had yet been detained;
(d} With regard to the case of the killing of E ctor Julio Mejia, Judge
No. 13 of Nedell.in court of Criminal Investigation was conducting the
prelininary investigation with a view to identifying the perpetrators of the
offence;
Ee l With regard to the case of Luis Mtonio Eoh6rquez, the Bucaramanga
Court of Criminal Investigation was conducting a crii.inal investigation into
the alleged disappearance of Eoh6rquez;
(f) With regard to the case of Osvaldo Teher4n, the investigation was at
the prelininary stage in the Fourth public Order Court in 8ogot ;
(g) With regard to the case of Juan Diego Arango Morales, Judge No. 49
of the Nedellin Court of Criminal Investigation Was investigating the casel
(h) With regard to the killing of Car I es Nauro HOyOS, Fiscal
General de l.a Naci6n (Attorney—Oeneral of the Nation) * and his two bodyguards.
the Second Specialized court in Medellin was handling the pre—trial stage of
proceedings. A detention order was issued for five persons implicated in the
abduction and murder of the Attorney—General, three of then were detained and
sw nses and arrest warrants were issued against three other persons
(i i With regard to the death of Marco p tonio Sincher Castell6n
preliainary proceedings were being held by the itinerant judge of the
Eighth Court of Criminal Investigation, and on 26 October 1908 the court
requested the local DAS and crfninal police officials to apprehend two persons
for the murder. No disoiplinary proceedings had been initiated in the absence
of evidence of the responsibility of the national police;
(j I With regard to the cases of Honduras Farm and La 4egra Farm in
Turbo, Urahi, on 4 March and that of Punta Coquitos in OErbo, Urab ,
Antioquia, on 11 Ppril 1980, it was stated that, since they were connected, it
H/CL 4/19R9/25
page 16
had been decided by a court order of 25 June .988 that there should be joint
proceedings. The proceedings were currently with the Higher Public Order
Tribunal ot Bogot awaiting a decision on the appeal. lodged by the persons
under investigation, requesting cancellation of the detention orders and
dismissal of the cases. With regard to disciplinary proceedings, the National
Police Prosecutor decided to open a formal disciplinary investigation of a
captain on 9 September 1988;
t<) With regard to the case of La 4ejor Esquina in Buenavista, C6rdoba.
on 3 April 1988, it was stated that the case was in the investigatory stage
and that several persons had been sentenced by the Public Order Court to
10 and 6 years imprisom 'ent. It was also stated that there was no evidence
of any participation in these events by State security forces. It was further
stated that a disciplinary investigation was being carried out into possible
irregularities that the First, Sixth and Tenth Criminal Examining Magistrates
of Nonterfa might have coni,itted in the trial concerning the Nejor Esquina
oassacre, by releasing s e of the persons charged;
1) with regard to the case of Llana Caliente . San Vicente de ChucurC
Santander, on 29 May 1988, it was stated that the events had resulted from a
violent armed confrontation between the forces of order and demonstrators in a
peasant march. According to the investigation, a person named
Luis Uribe Su rez, alias Com.andant Camilo, who had been amnestied and was
collaborating with the army as an informant, was with the soldiers when the
action occurred and he fired at and killed four army officers and soldiers.
Wine civilians also lost their lives. It was stated that the investigation
was almost completed;
rn) With regard to the case of La Fortuna, Barrancabermeja, Santander,
on 23 May 1989, it was stated that despite numerous statements and items of
evidence collected in the case • it had not been possible to identify the
individual perpetrators of or participants in the punishable offences;
n j With regard to the case of San Rafael in Antioquia, on 24 June 1900
it was stated that the case was still at the investigatory stage. It was also
stated that a captain had been arrested and remanded in custody and that the
accused had filed an appeal against the security measure,
oj With regard to the death of Humberto Santana Tovar in Rivera, Huila,
on 26 June 1988, it was stated that the case was still at the investigatory
stage, the perpetrators of the crime being unidentified to datep
(p) With regard to the death of huts Augusto onilla in Cumaral, Meta,
on 3 August 1988, it was stated that the investigation had not been completed;
(q) With regard to the case of Explanaci6n Settlement, varies, El Careen,
Santander, on 20 July 1988, it was stated that the proceedings wece still at
the investigatory stage, that it was not poesible to identify the perpetrators
and that the Office of the Regional Prosecutor, Barrancabermeja, was continuing
the investigation to establish whether State forces had been involved. It was
further stated that the preliminary report submitted by the committee of
inquiry concluded that the multiple homicide had been carried out at
txplanacitn Settlement, by a group of criminals known as mIS, on members of the
peasant cosinunity of the Tres Amigos, Explanaci6n and Los Olivos Settlements,
for the purpose of dominating and controlling the areas in question;
E/cN.4/1989 125
page 17
{r) With regard to the death of Ricardo Rios Serrano, in Sucaramanga,
Santander, on 26 August 1968, it was stated that on 20 necember 1988, the
Fifth Public Order Court of Bucaramanga declared itse].f incompetent to
continue the investigation, since it took the view that there was no reason to
suppose that the murder had been committed for terrorist purposes and ordered
that the case be returned to the Rinth Court of CriNinal Investigationj
Cs) With regard to the death of Le6n Cardona, Willie '. Antonio Arboleda
and Sergio Ospina in Medellin, Antioquia, on 30 August 1988, it was stated
that the cases were still at the investigatory stage, items of evidence having
been collected without it being possible to identify the perpetrators,
Ct) With regard to the case of Popay&n, Canalete, C6rdoba, on
30 September 1900, It was stated that it was at the investigatory stage and
that the authorities had not been successful to date in establishing the
responsibility of specific persons or anti—social groups for the acts in
question;
Cu) With regard to the case of Nartin Calderdn in C cota, Marts de
Santander . on 7 October 1988, it was stated that the case was still at the
investigatory stage and that there was no indication that State security
forces were involved,
(U) With regard to the death of csar Castro Espeja, in Puerto EspaYla ,
Caucasia, Mticquia, on 16 O ctober 1986, it was stated that the case was at
the investigatory stage and that the investigation was encountering
difficulties of collecting evidence due to the refusal of witnesses to come
forward. It was further reported that there was Ie indication that State
agents were invo1ved
O ) With regard to the death of Alvaro Fajardo in Isnos, Huila, on
1.4 October 1988, it was stated that on 24 October 1906, a warrant of arrest
was issued for a second lieutenant and that on 23 fleceisber 1980 the
investigation had ended and pre—trial proceedings had begun.
84. Tn addition, the reply of 9 Januaty 1989 from the Government of Colombia
stated that the allegations cosnonicated to the Governsent by the Special
Rapporteur lacked toth truth and objectivity. he Government recognized the
complexity of the situation experienced by the country and the difficulties
encountered in preventing cri,.inals from escaping justice, but that did not
indicate either its complicity or its acquiescence in the commission of
atrocious crimes against the civilian population. It was further stated that
the President, in order to deal with that problem, had suggested a number of
policies, such as strengthening the Office of the Attorney—General Of the
Natio4l, appointing civilian prosecutors for the armed forces and national
police, establishing the Presidential Council for the Defence, Protection and
Promotion of Human Rights, signing and ratifying the international instruments
relating to the defence of fundanental rights and promoting the,, as an
objective of the country with the participation of the ara,ed forces,
establishing Public Order courts and Tribunals dedicated exclusively to this
purpose and suspending the emergency military courts for the trial of
civilians. The reply further stated that the Government was not unaware of
the possibility that members of the State security forces, abusing the powers
entrusted to them, might oomit illegal acts, for which they would be held
E/CN.4/l989/25
page 18
criminally and administratively responsible, but that the allegation that the
entire arited forces were compromised an institutional policy of violating
human rights was contrary to all the evidence. According to its reply, the
Government was using the institutional coercive machinery to put an end to new
forms of violence and crinal activities of the extreme left and extreme
right as well as drug traffickers.
Czechoslovakia
85. On 28 July 1988. a letter was sent to the Covernaent of Czechoslo vakia
transmitting the allegation that on 26 April 1988 a person named Pavel Wonka,
aged 35, had died in Nradec Krhlov4 prison after having been detained since
April 1988. His family was allegedly not allowed to see his body and was
given no explanation of his death. It was also alleged that during his
previous detention which had lasted until 26 February 1988, his physical and
psychological health had been affected by the physical abuse in Ninkovice
prison.
86. The Special Rapporteur requested information on the above—mentioned
allegation and in particular on any investigation of the case, including an
autopsy, and measures taken by the authorities to bring those responsible to
justice and prevent further occurrence of such deaths.
81. on 20 October 1928, a reply was received from the Covernnent of
Czechoslovakia, stating that in the course of his detention from 26 May 1986
in prisons at firadec Xr lov and No. 1 in Prague, and during his prison terms
at prisons No. 2 at Liberec and No. 2 in Prague and at Pizen from
13 hugust 1987 to 26 February 198B, no violence had been used against
Pavel Wonka nor had he been subjected to any degrading treatment. It was
further stated that he had died on 26 April 1988 in the prison at
uradec Kr lov4 and that the autopsy performed i.Tsllediately after his death had
established that death had been caused by heart failure after a blood clot had
penetrated the pulmonary artery. The source of the blood clot was said to be
thrombosis in the veins around the prostate. rt was also stated that the
representatives of Helsinki Watch, a non—governmental organization, had
mentioned in their report of 4 May 1988 on the result of the autopsy on the
deceased that they had not found any evidence of violence or mistreatment on
the body.
Delaooratic Yeeen
88. On 9 November 1988, a letter was sent to the Government of Democratic
Yemen transmitting the following allegations:
(a) On 12 December 1987 Ifadi Ahmad tiasir and 34 other defendants were
sentenced to death by the Supreme Court on charges of treason, terrorism and
sabotage, in connection with the fighting which broke cut in the capital in
January 1986. It was arleqed that the defendants were granted access to their
defence counsels only shortly before the trial, following months of
incommunicado detention, and that they were tortured in detention. It was
further alleged that they were not allowed to appeal against the verdicts by
the Supreme court. on 29 DeceiIIer 1987, Hadi Ahmad Nasir and four others
sentenced to death were reportedly executed in al—Mansura Prison in Men?
E/(2t.l/1989 125
page 19
(b) Detween May and July 1988, three lien, named Said ba IIuawLad
he naruran, Alnad Barghash bin Daggar be narwan and Ali Sa • id al—A udi, who
had allegedly been arrested on 23 January 1906, died in custody either at
al—I4ukalla or al—Path Military Camp in Aden. Tt was alleged that although the
authorities claimed that the detainees died as a result of a heart problem.
their bodies had not been returned to their families.
69. The Special Rapporteur requested information on the above—mentioned
allegations and in particular on any investigation of the cases, including
autopsies, and measures taken by the authorities to bring those responsible to
justice and prevent further occurrence of such deaths.
90. At the tiNe of preparation of the present report, no reply had been
received from the Government of Demooratic Yemen.
El Salvador
91. On 30 November 1986 a cable was sent to the Oovernment of El Salvador
concerning the alleged killing of fot.r day labourers, nesters of the
Asooiaci6a Nacio, al de Trabajadores Agropecuarios (N TA (Natioi al association
of farm workers) from El Chile Piedra r.una, jurisdiction of Yamabal, MorazSn,
on 12 November 1988 by members of the OEird Brigade, Infantry of San 1igael
and Military Detachment No. 4 of San Francisco Gotera, MoraIIn, and the
alleged threat to the life of Ren4 Eenftez Medrano, father of one of the
four victims,
92. The Special Rapporteur. expressing his concern for the life of
Rena Benifie, Medrano and his family, appealed to the Coverrosent to take all
necessary measures to protect the life of Rend Benitea Medrano and members of
MITA who were allegedly arrested or threatened.
93. On 20 July 1988, a letter was sent transmitting allegations that during
the past year an increasing number of persons were allegedly killed either by
emhers of the Salvadorian armed forces or by paramilitary groups, so—called
death squads. The victims were said to have included peasants, workers,
students, politicians and trade—unionists. Some of the victims were allegedly
suspected of support for and collaboration with the guerrilla groups.
According to the sources of the information, such killings were carried out in
a suanary or arbitrary manner, although military authorities had claimed that
some of the victisis had died in combat or had been the targets of guerrilla
attacks. It was also alleged that, despite the authorities' clam that the
death squads were independent extremist groups of the right and left which
were beyond Covernment control, evidence suggested that members of such groups
included police and military personnel acting in plain clothes, under the
orders of superior officers. It was further alleged that inquiries into such
killings were repeatedly hampered by intimidation, interference in the work of
the judiciary and selective application of the rules governing evidence.
Consequently it. was alleged that, with a few exceptions, no investigation of
such deaths was carried out and that only a very few of those who had given
the orders to kill were brought to justice.
94. The Special Rapporteur described, Lv way of example, 13 incidents of
killings which allegedly occurred during the period between Tune 1987 and
April 1980.
E/cN.4/ 1 989/25
page 20
95. n addition, the Special Rapporteur mentioned the alleged killing of
three women in San Martin, in an attack by Frente Farabundo Marti de
Liberaci6n Nacional (THrill guerrillas on a bus carrying textile workers.
q . On 9 November 1988, another letter was sent transoeittin9 further
alleqations of summary or arbitrary executions. The Special Rapporteur
described by way of example seven alleged incidents of killing, including the
al1e ed killing of 10 pessants on 21 September 1980 in the village of
San Francisco. San Sebastiin. Departaent of San Vicente. by soldiers of the
Jibes Battalion.
91. ru both letters, the Special Rapporteur requested information on the
sbove—mentloned allegations, and in particular on any investigations of the
cases and measures taken by the authorities to briny those responsible to
justice and prevent further occurrence of such deaths.
98. On 21 July 1908, a letter was received from the Government of
El Salvador, concerning the killing of Herbert Ernesto Maya Sanabria on
26 October 1907. which was mentioned by the Special Rapporteur in his last
report (E/CN.4/l908/22, paras. 92—94). According to the letter,
Herbert Ernesto & aya Sanabria. Co—ordinator of the non—governmental
Human Rights Coirinission of El Salvador (COHESI was assassinated in an act of
terrorist violence. It was stated that on 28 October 1987 the office
of the Government Attorney had appointed two special investigators
to Icok into V ie case and that, on 4 January 1988, a person named
Jorge Alberto Miranda Ar4valo, a suspect implicated in the killing of
Maya Sanabria, was handed over to the First Criminal Court. It was further
stated that the accused confirmed before the judge his confession concerning
his participation in the killing, as a result of which an order was issued for
his detention. It was also stated that the President of the Special Criminal
Investigation Cenission and Minister of Justice had indicated that evidence
revealed that Maya Sanahria had been executed by the Peopl&s Revolutionary
Arily ERPI.
Equatorial Guinea
99. On 20 October 1988, a cable was sent to the Government of Equatorial
Guinea concerning the case of Joaguin Elena Borengue. former member of the
military police, and Francisco Benifacio Mba Nquej.a, sub—lieutenant of the
armed forces, who re alle ed1y sentenced to death by the Military Court
( conselo de guerra ) on charges which were net made public. It was alleged
that a group of 19. including the a ve— .entioned two, arrested in the first
week of September 1980. were tortured during their detention and that the
trial by the Military Court was of a sumary nature, without guarantees of the
rights of the accused as provided for in article 14 of the International
covenant on Civil and political Rights.
100. OEe Special Rapporteut requested information on the abeve—mentioned cases
and in particular on the proceedings of the Ililitary Court as a result of
which the two persons were sentenced to death.
101. At the time of preparation of the present report no reply had been
received from the Government of Equatorial Guinea.
z/al.4/1s89/2s
page 21
Eth ic9ia
102. On 9 November 1900. a letter was sent to the Government of thio?ia
transmitting the following allegations.
1.03. During IIe eviction of the inhabitants of iihlarb and Bet—Sehehaghe
villages in Ertra (Eritrea) in ifiugust/Septe'sber 1988, Said Osman Ramm and
Mobamed Ker—Keblan were allegedly shot dead by soldiers of the government
forces when they resisted eviction.
104. In another incident on 24 October 19S 1, in the village of NM Harast.
Caret District, Akeleguzai, Li persons were allegedly killed by government
soldiers when they shot indiscriwinately at the villagers to enforce eviction.
105. The Special napporteur requested information on the above—mentioned
allegations, arid in particular on any investigation of the cases and measures
taken by the authorities to bring those responsibl, to justice and prevent
further occurrence of such deaths.
106. At the time of preparation or the present report reply had been
received frcfl, the Government of Ethiopia.
Cuateiua la
107. On 7 July 1988, a cable was sent to the Covernoeent of Cuateaala
concerning the al l egation of death threats by government agents or individuals
acting with the Oovernnent's acquiescence against officers and members of the
Electrical workers union SPI) DE) in El Pet&n and their families.
LO S. tn vie', of a number of allegations of killings or trade—,,nionists, the
Special Rapporteur, expressing his concern for the life and security of the
above—mentioned persons, appealed to the Government to take every possible
measure to protect their lives and requested information on those cases, in
particular on any investigations thereof, by the appropriate authorities and
steps taken to ensure the safety of the persons concerned.
109. On 20 September 1908, another cable was sent concerning the case of
Pr. kndr s Gir6n a priest and leader or the Asociaci6n ?Iacional de Carapesinos
pro—Tierra (ABC} National association of peasants for land) • who was attacked
on 11 September 1988 near Tiquisate, Escointla, by a group of armed men.
Rodolfo de Le6n VeUsquez who was accoupanying Pr. Gir6n was allegedly shot
dead. It was alleged that Pr. Gir6n had repeatedly received death threats roe
his role in f t c, frora paramilitary groups such as OEe E$rcito Secreto
Anti—Cojaunista (ESA ) Secret anti—Co'anunjst arIs }, whose members reportedly
included certain ailitary and security force personnel acting under superior
orders.
110. In view or a number or allegations that several persons were killed by
paramilitary groups after receiving similar threats, the Special Rapporteur
expressed his concern for Fr. Girdn's lire and requested information on the
measures taken to protect it and that of others receiving similar threats and
on the appropriate authorities' investigation of the aurder of
Rodolfo de Le6n vel squez.
E/O .4f1989/25
page 22
ill. On 30 September 1908, a third cable was sent concerning alleged death
threats against members of the Grupo de Apoyo Nutuo por ci Aparecimiento con
vida de Nuestros Familiares (GAll) (Kutual sapport group for the return of
missing relatives alive) in the village of Pachoj, Department of El Quich .
It was alleged that Juan Ajanel Pixcar and Sebastiana R,3lIos, in particular,
were acc' sed and threatens at a coitmunity aeeting by the Coilmander of the
Patrullas de Autodefensa Civil (PAC) (Civil Defence Patrols) of the region.
112. the Specia' Rapporteur, expressing his concern for the life of the
above—mentioned members of CAM, requested inforniation on the measures taken to
protect the lives of the persons receiving death threats.
113. Oji 20 July 1908, a letter was sent transmitting the allegation that,
during the past year a large number of persons were alleged to have been
killed in various parts of the country by groups of unidentified armed aen in
sone instances said to be members of the security forces. ccording to one
source, a total of 420 persons were kilLed in a swwlary or arbitrary manner
during 1997.
LL4. Aaong those killed, a number of persons were allegedly victIIs of
military operations. The Special Rapporteur described by way of example the
following incidents:
(a) On LO April 1987. in the village of Xecnup. Joyabaj. l QuiCh4.
12 farmers were killed when they attempted to return to their village frofli
which they had been e,cpelled five years earlier,
(b) On 26 september 1987 in Tisujual, Nebaj • 01 Qt.ich , two persons were
kiLled by army shelling, bombing and strafing by planes and helicopters;
(ci On 27 September 1987, in Xeucalbitz. Nebaj, l Quich4. 13 persOns
were killed in a ailitary operation, including a 3—year—old girl.
115. In addition, a number of persons were allegedly abducted by groups of
unidentified armed men arid later found dead on roads or by the wayside, often
wiII signs of torture. !t was alleged that these paramilitary groups used
particular kinds of vehicles normally used by the security forces and acted
with total impunity. The Special Rapporteur described by way of exanpie.
four incidents of such killings which allegedly occurred during January arid
February 1908.
1.16. On 9 November 1988, another letter was sent transmitting allegations or
killings by groups of unidentified men in various parts of the country. The
Special Rapportelir described, by way of example, 50 such incidents which
allegedly occurred during the period between February and September 1988
117. In both letters, the Special Rapporteur requested information on the
alleged cases and in particular On any investigations made and any measures
taken by the authorities and/or the judiciary to establish the facts and to
bring those responsible to justice.
118. At the time of preparation of the present report no reply had been
received from the Government of Guatemala.
.4/1989/25
page 23
ha iti
119. On 7 Jnly 1988, a cable was sent to the Government or haiti concerning
the alleged death threats made by local government and security officials and
others against several members of lay Catholic organizations, including
nt Misaii in the Jean Rabel area.
120. In view of several similar incidents during the past year when a number
of persons were allegedly killed or seriously wounded L v members of the
security forces or groups of armed civilians, the Special Rapporteur expressed
his concern for the life and security of the above—mentioned persons, appealed
to IIe Government to take the necessary measures to protect their Lives and
requested information on the above—mentioned cases
121. O 14 September 1988, another cable was sent concerning the incident
which occurred on 11 September 1988 at St. Jean Bosco Catholic Church in
port—au—Prince where a group of armed men allegedly attacked the congregation
during mass in the presence of ‘embers of the security forces and killed
five persons.
122. As in his previous cable, the Special Rapporteur expressed his concern,
appealed to the Government on purely humanitarian grounds to take the
necessary measures to protect the lives of the persons concerned and requested
information on the above—mentioned incident, in particular on the
investigation made or Measures taken to guarantee the right to life of these
persons. .
123. On 9 Noventer 1988, a letter was sent concerning allegations that during
the pest year a number of persons were killed by nembers of the security
forces or armed individuals allegedly acting with the connivance of the
security forces or government officials. he victims were said to include
nembers of Catholic lay organizations, human rights organizations and trade
unions. In scae cases the victims had reportedly been attacked or threatened
before being nirdered. The Special Rapporteur described, by way of example.
three alleged incidents oE such killings, incluMng the killing of
Joseph Lafontant, one of the founders of the Ligue 9a tienne des droits
humains (Haitian human rights league) and Executive Director of the Centre de
promotion des droits humains (Centre for the promotion of human rights), on
the night of 10/11 July 1988.
124. The Special Rapporteur requested information on the allegations and in
particular on any investigations of those cases, including autopsies, and any
measures taken by the authorities to bring those responsible II justice and
prevent further occurrence of such deaths.
125. On .23 December 1988, a letter was received from the Government of Haiti
transmitting information on the measures taken by the military Government of
Haiti concerning human rights and stating that the military Government. in its
determination to consolidate the process of establishing a representative
democracy, had issued four dacrees confirming hait i's adherence to the
International Covenant on Civil and Political Rights, the International
Covenant on Economic. Social and Political Rights, arid the Convention iainst
Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment and its
ratification of the Inter—American Convention to Prevent and Punish Torture.
E/CN.4/1989/25
page 24
Ho nd ur as
126. C i 28 July 1988, a letter was sent to the Governsent of Honduras
transmitting alleqations of killings by members of the security forces Or by
unidentified men. The Special Rapporteur described, by way of exaiiple, the
fo1lo iing cases:
(a) On 6 october 1987, in the port of Tela, Department of At1 ntida,
Gilberto Isau].a Requeno and Narciso Ortiz Leiva were killed allegedly by
agents of the Direccidn tiacional. ic Investigaciones IDNI) (Criminal
investigation service ). It was alleged IIat after having been questioned at
the D?41 office, agents accompanied Isaula nequsno to his house where they shot
him 1
(bi On 7 September 1987, in Caaayagtia, Jos Luis flrez Ochoa, aged five.
was beaten by members of the security forces when he allegedly tried to Stop
them from mistreating his parents. OEe child died in the Tegucigalpa hospital
on 11 October 1907. According to the police the child died of pneumonia,
(C) On S January 1988, in Tegucigalpa. os Isafas Vilorio, a former
sergeant and alleged member of a Meath squad . was shot dead by
four unidentified qurusen. On i i January 1900. in San Pedro Su].a.
Miguel Angel Pav6n Salazar, regional head of the Honduran Human Rights
Coseissic,,, and Moises Landaverde were shot dead by a gunman. Isafas Vilorio
and Pav6n Salazar were two of tl e witnesses in the cases of disappearance of
four persons in Honduras before the Inter -American Court of Hunsn Rightap
(d l On 7 April 1988 in Tegticigalpa, five students were allegedly killed
when security forces shot at the cro.a during a demonstration in front of the
American Entassy.
127. c m 9 Noven er 1988. a, ther letter was sent to the Coverrnent of Honduras
transmitting the following allegatioflS
(a) On 27 September 1977 in San Pedro Sula, Juan Caballero Sanchez and
Roberto Ortiz L6pez were alleged ly shot dead by eight ONI agents after their
car was stopped and they were forced out of it. One of the victims was
reportedly the ccn,on—law husband of a leader of the Pederaci6n Unitaria
de Trabajadores de Honduras n$14) (United Federation of Workers of Honduras )
wI had taken part in a hunger_strike in support of claims being made by the
textile workera union SITPATE,dIalSA (Sindicato de Trabajadore . de Textiles
de Honduras S.A.),
(b) On 27 July 1900 . in the Mesa Grande refugee camp, JoII Maria Leiva
was allegedly arrested by members of the army and later executed.
120. In both letters, the Special Rapporteur reguested information on the
alleged cases and, in particular. on any investigations made and any measures
taken by the authorities and/or the judiciary to establish the facts and bring
those responsible to justice.
129. On 19 May 1988, an official comsonication was received frce the
Permanent Mission of Honduras tO the United Nations Office at Geneva,
transmitting a report by the Interinstitutional Commission of Human Rights of
t/CTI.4/ 1989/25
page 25
Honduras {CIOH) referring, inter alia . to the cases of jos4 Isatas Vilorio,
Miguel Imgel Pav6n Salazar and Noises Landaverde. Regarding the death of
JoII Isajas Vilorio. it was reported that a group called FLz Cinchonero had
claijied responsibinty for the killing. Regarding the deaths of
Miguel Angel pav 6 n and Noises Landaverde. a report On the preli ,inary
investigation, including testisony by a forensic expert, was attached.
India
130. on 28 July 1980. a letter was sent to the Goverrp,,ent of India concerning
the allegation that, on 19 April 1986 In Arwal, SO nar State, 21 persons were
allegedly shot dead by the police during a peaceful gathering in connection
flth a land dispute. Several persona were said to have died, on the way to
hospital, of injuries sustained in the police shooting. Sharat Sao was
allegedly found dead after hating been taken alive to the police station. It
was alleged that the police opened fire, without a prior warning, at the
gathering crowd, which included women, children and elderly persons.
131. OEe Special Rapporteur requested inforsiation on the alleged deaths and in
particular on any investigations of those cases. including autopsies, and any
measures taken by the authorities to bring those responsible to justice and
prevent further occurrence of such deaths.
132. on 13 September 1980, a reply was received frci. the Governaent of India
concerning the alleged deaIIs at the end of May 1907, during coniunal violence
in and around Meerut, Uttar Pradesh, which the Special Rapporteur referred to
in his latest report fE/ON. 4/1988/22, paras. 106—108 ). A Ccording to the
reply, the state Government of Ottar pradesh was carrying out investigations
and the final outcome wan awaited. It was also stated that, meanwhile, the
State Covernmerrt had activated a scheme for providing financial relief to the
families of persons who had lost their lives in the course of the riot. .
133. On 30 November 1988, a reply was received fr a u the Governaent of India
concerning the alleged incident of shooting of 21. persons by police on
19 April 1988 in Arwal, Sihar State, in connection with a dispute over a piece
of land in the village. According to the reply, on 19 April 1988, so ,e
600 or 700 personn gathered on the land in question disobeying the orders
prooeulqated under section 144 of the Criminal Procedural Code and indulged in
violence. It was stated that, after the police had arrested four persons and
withdrawn to the police station, the police station was surroonded by a
violent oeob, de*andinq the release of the arrested persons. It was also
stated that shots were fired at the police station, police barracks and the
family quarters nearby. Under the orders of the Sub—Divisional Officer and
the niaqistrate, shots were fired by the police, resulting in 11 deaths. It
was further stated that the injured persons ere given first aid and taken to
the Patua Medical Colleqe Hospital where 10 of the l, subsequently died, thus
bringing the total number of deaths to 21.
124. On 13 January 1989, the Special Rapporteur met the Representative of the
Government of India.
E/CN.4/1fl9/25
page 26
Indonesia
135. On 7 November 1988, a cable was sent concerning alleged oases of imminent
execution. According to the information received, two prisoners named Jayari
and Sukarjo, sentenced to death for their alleged involvement in the 1965 couP
attempt were executed during the n ight of 15 /16 October 1988. Fears were
eapressed to the Special Rapporteur that other prisoners sentenced to deaII on
similar charges might be facing jiuminent execution. The names of 11 prisoners
were mentioned.
136. The Special Rapporteur, recalling his previous appeal made on 3 June 1965
for the life of those sentenced to death in connection with the
above—mentioned coup attempt, requested information on the present status of
legal proceedings concerning the prisoners mentioned above.
137. On 28 July 1900. a letter was sent transmitting the allegation that,
during the past several years, a number of persons had been kiLled in
East Timor by Indonesian military personnel. Thirteen alleged cases of such
killings 10 in 1986 and 3 in 1987) were described by way of examples. In
addition, the letter transmitted the allegation that during 1906 and 1967
several persons had died in police or military custody. The following
seven cases were described by way of example:
(a) Leman bin Idris died following a disturbance in Salemba prison in
1906 during which he was allegedly kicked and beaten. In August 1987,
two prison officials were convicted by the East Jakarta District Court of
causing slight injuries to the prisoner and were sentenced to suspended
sentences of 3 years and 18 ‘ nths ioeprisonaent
(b) Ferdinand Tarigan died in Sintlangun police station on
November 1906. His body was said to have borne marks of torture, but the
police was reported to have announced that he hanged himself in the police
station lavatory. Although the arrest of the Chief of the Simulangun police
station and three other police officers was ordered, no charges had been filed
by April 19873
(0) Joni Silvester Ioban, from Cengkaren, West Jakarta, died in hospital.
on 12 April 1987 after having been arrested on 1. April 1987 by the local
military district command Koramil) and released on the following day, lie was
alleged to have died as a result of injuries following ill—treatnent in the
Eoramil
(d) qasehat bin Slamet died on 8 July 1987 allegedly on the way to
hospital fros, the police station in South Jakarta after having been arrested
on 7 July 1987. flis body was said to have borne marks of torture;
(e) G ina ! Mar iuki from ilar in Rarang Asing, Cikajang, West Jaws (Java),
died on 9 September 1987 on the way to hospital from the Rekasi main police
station, after having been arrested on 7 September 1987. The police were
reported to have stated that he had been attacked by other prisonersi
f) Saipin bin Pu b w a found dead Qn the night of 21/22 Oot br in the
Citarue River after having been arrested on 19 October 1987 and taken to the
ara Gembong police station. The police subsequently denied that Saipin had
ever been detained,
E/a.4/lgB g/25
. page 27
(g) paijan, alias Buang, died on 2 December 19S7 in the police station
in Tanal, Jawa, after having been arrested On November 1987 by the
Tanah Jawa Koraitil and taken to the district office in Afdeling 1, whore he
had allegedly been tortured.
130. OEe Special Rapporteur requested information on the above—mentioned
allegations and in particular on any investigations of those cases, including
autopsies, and any measures taken by the authorities to bring those
responsible to justice and prevent further occurrence of such deaths.
139. On 4 January 1989. a reply was received from the Government of Indonesia
stating that, with regard to the prisoners involved in the 1965 attempted
coiw . the sentences of those convicted of treason were carried out in total
conformity with the due process of the law and in accordance with Indonesian
criminal law an 4 procedures. rt was also stated that, throughout the trials
of the defendants who were involved in the abortive coup , the courts had
adhered to and implemented, inter a].ia , the principles of presumption of
innocence, rule of law. open and public trial, fair composition of the court,
and guarantee of the rights of the defendant to legal counsel and to appeal
for clemency. It was further stated that the trials were indeed fair and open
to the public and IIe press, that those convicted had had the right to appeal
for clemency to the ?resident of the Republic and that their appeals had been
rejected on the grounds of the gravity of the crimes, as they had been
directly involved in instigating and carrying out the a rtive coup which had
resulted in considerable loss of life and inflicted much suffering on the
Indonesian people. According to the reply, the seemingly long delay in
carrying out IIe executions was due to the time needed by the judiciary and
the executive to ascertain that justice was really upheld. It was also stated
that the magnitude of the crimes, which involved several thousand persons,
required a considerable time for trial and clemency proceedings. and that. i i,
fact, the defendants were afforded every legal avenue, It was further stated
that the sentences were carried out only after all lelal recourse had been
coIT letely e, hausted and after those convicted were given the opportunity of
meeting their families and relatives and that their burials were carried out
in accordance with their religious beliefs. In conclusion, it was stated that
the Oovernment firely believed that there was no question of sunhlary or
arbitrary execution.
140. On the same day, another reply was received with regard to the situation
in Bast Timor, stating that the true situation prevailing there was as shown
by the findings of humanitarian organisations, such as the International
Committee of the Red Cross ICRCI . The reply also mentioned the findings of
the Chief Minister of the australian Northern Territory who had led a
delegetion of officials, journalists and Timorese to the province of
East Pii.or fro 9 to 11 November 1900. It was stated that the party had found
no repression, no starvation and no restrictions on freedc' of movement and
religion. Ibe reply also referred to the United States State Departeest's
categoric rejection of the allegations by a number of United States
Coifigres en and Senators of akises of human rights in East TimOC • It was
also stated that the province had been officially opened as of 1 January 1969
and thus East Timorese residents were free to travel without restriction and
entry restrictions for outsiders had been lifted.
141. Oi l 13 January 1989, the Special Rapporteur met the Permanent
Representative of Indonesia to the United lations Office at Ceneva.
E/cX.4/1989/ 25
page aS
Iran (Isla.ic Republic of )
142. Cables were sent to the Goveritment of the Islaeic Republic of Iran
on 26 August, 14 September, 1.1 and 15 November , 1, 0, 9, 20 and
23 December 1988 concerning allegations that since July 1900 a large number of
prisoners, said to be members or supporters of groups or organizations
opposing the Government, had been executed and several others were facing
i.ieinent execution in various parts of the country. According to information
received, a number of prisoners had their sentences of imprisonment changed to
the death sentence or were executed even though their terms of imprisonment
had been complete& OEe Special Rapporteur. mentioning a total of some
150 cases of prisoners whose nanes had bee n received, appealed to the
Government on purely humanitarian grosnds to ensure that the right to Life of
those persons was protected and requested information on the aforementioned
cases.
143. On 13 January 1989, a cable was sent concerning 302 persons who might be
facing imminent execution. According to the information, these persons, as in
the cases congnunicated to the Government by the previous cables, had already
served or were currently ssrving sentences of imprisonment. It was alleged
that many of the persons in question were tortured and deprived of visits from
their families.
LII. In view of persistent reports received that several thousand persons had
been executed without tria l or with a trial of a summary nature, the
Special Rapporteur appealed to the Government to ensure that the right to life
of the above—mentioned persons was protected as provided for in the
International Covenant on Civil and Political. Rights. He also requested
information on the above-mentioned eases as well as any information on the
fate of the persons mentioned in his previous cables, as followsr cable of
26 August concerning 12 persons, cable of 1 November concerning
5)4 Akbar Shalgoolney and Mel Talebi. cable of IL November concerning
Fereidoun Faroughi, cable of 15 NOvember concerning 24 persOns, cable of
uecenber concerning 55 persons, cable of 8 December concerning
Soraya A u Nohaimeadi, cable of 9 December concerning 4onireh Rajavi, cable of
20 December concerning a l. persons and cable of 23 December 1908 concerning
43 persons.
145. On the same day, the List of 302 persons was coiunicated to the
Permanent Mission of the Islamic Republic of Iran to the United Nations Office
at Geneva.
146. On No vember 19S0, a Letter was sent to the Government transmitting the
allegation that, since July 1988, a large number of prisoners had been
executed in various parts of the country, without trial or with a trial of a
sulmitary nature. The victims allegedly included members and supporters of
organizatIons and groups opposing the Government, and also Kurdish prisoners.
The Special Rapporteur described by way of example the fol1owin allegations,
(a) On 10 July 1988, 10 persons accused of being counter—
revolutionaries and Iraqi spieC were executed;
b) On 20 July 1988 about 20 persons belonging to political opposition
groups were executed in Evin prison. The victims included three members of
the Tudeh Party and a member of the PeOple s Fedaiyan Organintioe Of Iran
(majority).
K /cR .4/1909/25
page 29
(c i AlLeged collaborators with the neeters of the People s Mujahedin
organization of Iran (wOfl were publicly executed in Kangavar • Rakhtaran and
Islaaabad—e—Oharb. Aecording to the official account. 15 Pt401 supporters were
executed on about 5 August 1900. They included seven persons executed on
I AGgust 1988 in Oakhtaran and one person on 3 August 1900 in 11am
(4) On 28 July 1908, 200 prIsoners said to be Ff01 syn sthizers, were
executed in Evin Prison. In Machad, 50 Other PFI sympathizers were executed,
e l On 14, 15 and 16 August 1900, 060 corpses were transferred from Evin
prison to the Behecht tahra cenentery
{f) rt was further alleged that on the night of .5/16 nay 1980 a large
number of Iraqi prisoners of war were found killed, their feet bound with
ropes, in the Mawat reqion in northern Iraq.
147. The Special Rapporteur requested information on the alleged cocurrence of
sulnary or arbitrary executions and in particular the legal proceedings
foLlo ir'g which the alleged executions might have been carried Out.
148. At the time of preparation of the present report, no reply had been
received from the Government of the Islamic Republic of Iran.
Ira q
149. 0., 6 April 1980, a cable was sent to the Government of Iraq concerning
the allegation that, on 16 March 1988 in the towns of Halabja , Serwan , Ehormal
and the surrounding villages in northern Iraq, more than 2,000 civilians.
mostly women and children, were killed during the air—raids carried out by the
Iraqi Air Force using chemical and incendiary weapon .. Further loss of
civilian lives in the above—mentioned areas was feared.
150. 0.i 5 September 1908. another cable was sent to the Government of Iraq
concerning the allegation that, at IIe end of August 1988, in the Dahok area.
a large number of civilians, including women and children. were killed in
operations carried out by the governnent forces using chemical weapons.
Further loss of civilian lives was feared.
151. In both cables, the Special Rapporteur appealed to the Government on
purely huinnitarian grounds to ensure that the right II life of civilians in
the affected areas was protected in every possible manner, and requested
information concerning the above—mentioned cases.
152. On 11 August 1988, a cable was sent to the Goverru ent of Iraq cofficerning
the allegation that three Iraqi nationals residing in Egypt. Abdul A ir Azhab
fl Ruba • ay. Sadi Salel Mahd i and Mmad t4ohamed Mad i Said • who were said to
have been sentenced to death in 1782, were detained by the Egyptian
authorities and handed over to the Iraqi authorities on 5 August 1988. It was
alleged that their death sentences might be carried out.
153. The Special Rapporteur requested information on the ahove—nentioried
cases, in particular on the charges, trial and procedures leading to their
conviction and sentencing.
E/QI.4/l909/2
par 30
154. On 28 July 1989. a letter was sent to the Governnent of Iraq transaitting
the allegation that hundreds of persons were executed without trial or after
trials of a suI ary nature by the Revolutionary court or ad hoc special courts
following procedures without the safequards for a fair trial, notably without
the right of the defendant to appeal to a higher tribunal. Aitong the victb•s
were civilian nee ers of the Rurdisti ethnic minority, including woaen.
children and elderly people and opponents of the Governaent.
155. OEe Special Rapporteur described by way of example acne aneged cases as
follows;
(a) Thirty—one urds, including five persons under 18. were executed
after having been sentenced to death by a military court foflowing su!.ltary
proceedings, nine of the, on 10 November and eight on LG December 1987 in
Fa ideh Garrison . and 14 on 28 December 1907 in Mosul Training Camp;
(b) On 12 May 1987, in Sulaymaniyaheight Kurds were publicly executed
without trial.
(C ) On U August 1987, two members of the T
E/cN.4/1989/25
page 31
158. OEe Special Rapporteur requested information on the cases, and in
particular on any investigations made and any measures taken by the
authorities and/or the judiciary to establish the facts and bring those
responsible to justice.
159. on 5 September 1900, a note was received from the Government of Iraq.
trans*,ittinq an official statement issued on 2 September 1988 in Baghdad which
strongly denied the use of chemical weapons in the north of Iraq.
160. On 10 September 1908 * information was made available by the Permanent
Mission of Iraq to IIe United ? ations Office at Geneva concerning the alleged
use of chemical weapons by Iraq. According to the information, a Turkish
Foreign Ministry spokes an had announced that. in the light of the tests and
examinations conducted, there was no proof of the use of chemical weapons by
Iraq .
161. On 14 September 1988 . a note was received from the Government of Iraq
transmitting two decisions promulgated by the Iraqi Revolutionary Coiwuand
Council on 6 and 8 September 1988, concerning the granting of a general
alimesty to fugitive and convicted Kinds and political prisoners.
162. On 28 December 1988 . a reply was received from the Government of Irsq to
the Special Rapporteur s letter of 9 November 1988 se. pan. 157) • requesting
him to furnish the najues of victims so that the Government could provide a
reply.
163. On 11 January 1909. the Special Rapporteur met the Representative of the
Government of Iraq.
164. on 12 January 1909. a reply was received from the Government of Iraq.
stating that, with regard to the cases of three Iraqi nationals said to be
under sentence of death, and handed over to the Iraqi authorities by the
Egyptian authorities see pars. 152) • Sadik Mahdi and ?.haad Mohammed Mahdi
were currently in Iraq, residing under the same conditions as any other Iraqi
citizen and no legaz action had been taken against them. As for the third
person. Abdul Amir Azhab Al—Rubaay, it was stated that he had been outside
the country since 1981 of his own free will for medical reasons concerning his
wife and had not returned, With regard to the allegation coununicated to the
Goverineent by the Special Rapporteur on 9 November 1988, the reply, referring
to the Government' s reply of 25 December 1980, stated that it was lot possible
for the competent authorities to give answers about unknown people and
requested Uie Special Rapporteur to provide the Government with accurate
information so that the authorities could provide an answer.
Israel
US. On 28 July 1988, a letter was sent to the Government of Israel
transmitting the following allegations.
166. Since 9 December 1987, over 160 Palestinians in the West Bank, Gaza and
East Jerusalem, inc luding women and children, had been killed by members of
the Israel Defence Force (ID ?). Many of them were reportedly shot daring
confrontations between ID and Palestinian protesters. Some others, however,
2/CN.4/1989/25
page 32
had reportedly not been engaged in violent demonstrations when they were
killed. Others allegedly died an a result of severe blown received from
soldiers. A list of 166 victims was received by the Special Rapporteur. It
was alleged that live aiTmunition was used excessively despite strict
guidelines on the rules of engagement. Since the guidelines on the use of
live aiTmunition had beer' changed, in March 1980, permitting soldiers to shoot
directly at Palestinians who attacked them with petrol bombs, the incidence of
fatalities had markedly increased. It was also alleged that few cases of such
deaths were adequately investigated and that those found responsible received
only light punishment. It was further alleged that, since December 1981, at
least 17 Palestinians had been shot dead by Israeli settlers and two Israelis
had been killed, one army reservist by a Palestinian and a 15—year—old girl
accidentally by a settler during a confrontation between settlers and
Palestinian villagers. in addition, it was alleged that tear—gas was nisused
by members of ID? and had consequently caused or contributed to the death of
more than IC Palestinians. Victian were said to be those who were especially
vulnerable to tear—gas inhalation, such as babies and elderly as well as sick
persons. The Special Rapporteur described seven cases of victims among those
who had allegedly died after having been heavily exposed to tear—gas.
167. On 9 November 1988, another letter was sent to the Government of Israel
concerning the allegation that, from the beginning of the uprising in the
occupied territories in December 1987 to the beginning of September 1989, same
250 Palestinians had died as a result of the action taken by IDF. The
majority of the victims were said to have been shot dead during confrontations
between IDP and Palestinians. Others had allegedly died as a result of
suffocation from tear —las and beating. In addition, during July and
August 1999 several more Palestinians allegedly died while in the custody of
the Israeli authorities. The Special Rapporteur described four such cases
which had allegedly occurred in July and August 1988.
168. In both letters, the Special Rapporteur, requested information On the
alleled occurrence of suhlnaty or arbitrary executions and, in particular, on
any investigations of these cases, including autopsies, and any measures taken
by the authorities to bring those responsible to justice and prevent further
occurrence of such deaths.
169. on 10 January 1909, a cable was Rent to the Covernment concerning
Soha Bechara who was allegedly arrested on Lebanese territory and accused of
having made an attelwt on the life of Antoine Lahad, •General of the
South Lebanese Arg . Expressions of concern were received by the
Special Rapporteur that she might be handed over to the scoth Lebanese Army
which wouLd alleqedly mean that her life was in danger.
17 G. The special Rapporteur appealed to the Government of Israel on a p urely
husanitarian basis to ensure that the right to life of the above—mentioned
person was protected and requested infarmatinn On the case.
171. At the time of preparation of the present report no reply had been
received from the Government of Israel.
E/cN. 4/1989/25
page 33
Jams ica
172. II 15 November 1988, a cable was sent to the Government of Jamaica
concerning three cases of imminent execution of three priso, ers named
Rudolph Walker, Ezekiel Pryce and Lenford 9aailton. It was alleged that the
three could not file an application for leave to appeal to the Judicial
cci,mittee of the privy council in London as legal counsel was not available to
prepare such appeals and represent them. It was also alleged that the Court
of ppeal of Ja maica had rejected appeals in the cases of Lenford Hamilton and
Rudolph Walker, without giving any written reasons for its decisions In the
case of Ezekiel Pryce, existence of a written judgement was allegedly not
confirmed by the relevant authorities.
.73. OEe Special Rapporteur appealed to the Government on purely humanitarian
grounds to stay their execution for the time being and to ensure that the
rights of the above—mentioned persons were protected throughout the leqal
proceedings, and requested information on the legal proceedings concerning the
above—mentioned cases.
174. subsequently, the Special Rapporteur learned that the three had been
granted a stay of execution.
175. At the time of preparation of the present report no reply had been
received from the rjovernment of Jamaica.
Jordan .
176. on 29 June 1988, a cable was sent to the Goveranent o Jordan concerning
four cases of death sentence. o rding to information received, Fa'eq Saleh
‘Add Al—Azis Al—Salti, Taye l ‘Abd Al—Halirt Nahtsad Al..Salti • Faisal Ui
Mustafa Al—salti and Muhamead Atnoad itustafa Al—Salti were sentenced to death
on 21 June 1988 by the Military Court.
177. OEe Special Rapporteur referred to a note dated 25 April 1988 from the
Government of Jordan concerning tile cases of three persons sentenced to death
by the Military Court, mentioned in his last report (5/01.4/1988/22
paras. 46—47). and stated that it confirmed that there was no right of appeal
against verdicts of the Military court. Stating that it still remained a
matter of serious concern that the Military court did not grant the right to
appeal to a higher tribunal, IIe Special Eapporteur requested that the latter
be looked into and that the right to life of the four persons be protected, in
accordance with the International Covenant on Civil, and Political Rights and
tconoaic and Social Council resolution 1984/50.
ly e. 17 october 1988. a reply was received frca the Government of Jordan.
stating that the trials of the four persons had been conducted in accordance
with the j icial procedures and the legislation in force. It also stated
that the courts were presided over by highly qi alified professional judges and
that the proceedings before those courts did not differ frou, those in other
civil courts with regard to the guarantee of the rights of the accused. It
further stated that death sentences passed by the Military Court were executed
only after they had yone through a nimber of stages in which they were
carefully scrutinized as a safeguard for the convicted persons and that such
sentences required ratification by the Prime Minister and the King.
E/at .4/1989/25
page 34
179. Subsequently, the Special Rapporteur learned that three of the foor
persons had been executed on 19 July 198 5 and the tourth, Muhamuad fl iiad
Mustafa Al—Salti had had his sentence commuted.
Maur itani a
100. On 23 Nove mber 1988. a cable was sent to the flocerneent of Mauritania
concerning a certain number of prisoners, including Thrahim Sarr wha, detained
for political reasons at Oualata. were alleged to be gravely ill due to
inadequate prison conditions. in particular unavailability of medical care.
It was alleged that three other prisoners, tens Toussouf Goeye. Chief warrant
Officer Ba Alassane Oumar and Lieutenant Abdul GhoudOuss Ba. died of illness
in the recent past in sisilar conditions.
151. OEe Special Rapporteur appealed to the Government on purely humanitarian
grounds to take the necessary measures to protect the prisoners detained at
Dualata and requested informstion on the above—mentioned cases and in
particular on any investigation carried out or measure taken to guarantee the
welfare of those persons.
102. On 28 July 1908, a letter was sent to the Government of Mauritania
transmitting the allegation that on 6 December 1987 three officers of the
Rauritanian armed forces, Lieutenants Saidy Ba, Amsdou Sarr and Saidou Sy,
were allegedly executed after having been sentenced to death on
3 Deceilter 1987 by the Cour sp Oiale de justice (Special. court of justice) on
charges of plotting to overthrow the Government. tt bfl5 alleged that there
was no right to appeal to a higher tribunal.
183. The Special Rapporteur requested information on the alleged cases of
summary or arbitrary executions and in particular on the legal proceedings
following which the aL l eged executions might have been carried out.
la4. At the tiste of preparation of the present report no reply had been
received fran the Qovernnent of Mauritania.
Rex ico
185. On 13 September 1988, a reply was received from the Government of Mexico
concerning the alleged kiLling of 10 peaSants from Ilamatl n . Veracruz. on
27 April 1987. which was mentioned i i i the Special Rapporteur's last report
(E/O4. 4/1988/22. paras. 128—130). According to the reply, the
Secretary— eneral of the veracruz State Government reported that the incidents
had originated in disputes between the eewbers of two local fajitilies and no
politicaL conflict was involved. It was stated that nine persons died as a
result of the incident. Criminal proceedings were instituted in the Court of
First Instance of Mixed Jurisdiction, which issued a detention order against
five persons, and an arrest warrant against 34 fugitives. It was further
stated that on LB ApriL 1988 the five prisoners were sentenced to 20 years'
innprison ent and a fine of 40,000 pesos in cash and that the convicted man had
sought Leave to appeal, which was granted. The case was currently pending at
the Higher Court of Justice.
E/CN.a/l%q/25
page 35
Nicara na
186. On 28 July OE80, a letter was sent to the Cavernrpent Of Nicaragua
concerning alleged killings ef civilians by the security forces in the
continuing armed conflict between the government forces and the Contra
rebels. The Special Rapporteur described the following incidents:
(a) In May 1987, eight farmers from the cb district, near the Tna
River, Oepartoeent of Zelaya, were allegedly killed by soldiers from a unit in
the to-rn of Matigu s, Department of Matagalpa. On 16 September 1987,
Pablo Antonio Manzanares L6pez, aged 12, from the same village was allegedly
S lled by soldiers from the same unit. Furthermore, on 1 October 1987,
tieriberto L6pez and Funio M4ndez S nchez, from the same village, were
allegedly killed by soldiers from the same unit. A boy named Abelino Escorcia
arcia was killed when he stepped on mine allegedly planted by the soldiers;
b} On 4 September 1987. in the district of La Cailpana, Department of
Chontales, Maria Eufrasia Le6n Estrada was killed in her house by government
forces who ere allegedly looking for anti—goverw ent forces in the victims
house,
(C) on 1 and 2 November 1987, in El Carril and El 1oj6n, Department of
Jinote 1 a. Marvin uern ndez, a farmer from El Carril, and Inooeneio Ot z lez
Rodriguez, a farmer from El 40j6n, were allegedly arrested and killed by
soldiers of the Swift Hunter Oscar Trucios Battalion;
(d l On 9 February 198S, in the l ality kr wn as Cal o de gua5 in the
Copalar district of Rio BSanco. Departaent of Matagalpa, Paula Rui Ruiz was
killed, allegedly by a member of the government forces;
e l On 16 February 1908, in a place known as •La Cuesta del COyol .
Deparulent of Matagualpa, Walter Antonio Silva, was allegedly killed by an
officer of the government forces;
fl On 17 March 1988. in a place known as La MicC. in the El Silencio
district. Department of Chontales, Jorge Alejandro Rojas Urbina was found
dead. It was alleqed that Rojas, a former Contra rebel, was killed by four
agents of the State Security after he had refused to continue collaborating
with them in identitying other Contra rebels.
@ 1 On 16 March 1985, in La Frescura district, Departlient of
Rio San Juan, Jo 5 4 F6li Lago Soto, was killed by members of the
Pedro Altallirano Sattalion
{h) On 19 March 1988. in the Arilnas district of the Acoyapa
jurisdiction, Departaent of Chontajes, Fidel Mastasio Garcia Sevilla was
killed, allegedly by members of the Caspar Garcia Laviana Battalion.
107. In aGdition to the foregoing, a considerable number of civilians.
including children. were allegedly killed by the Contra rebels when they
attacked co—operative farms, buses and private houses. The Special Rapporteur
received information concerning such incidents, including the names of the
vic tims.
g/CL 4/fl8 /2
page 35
198. On 9 November 999, another letter was sent to the Government or
Nicaragua transaitting aLLeged cases of kiLling by government forces which
were said to have occurred since the beginning 0f ]SBB:
(a) On 17 January 1988, in the village of El Chile , jurisdiction of
San Ram6n, Department of Netagalpa, four members of the Crus Mairena family
were allegedly shot dead by members of the Sandinista Heraanos S nchez
co—operative.
(b) On 27 January 1988, in the Matigu s region, P4lix Manuel Riza, was
allegedly detained by a group of government soldiers. A week later his
mutilated body was found near his house;
(C ) On 14 March 1928, Cruz Castillo, was allegedly detained by troops
from the La patriota army base near Apantillo. His bo j was reportedly found
a week later with stab wounds and marks of torture;
Cd ) On 21 March 1308. Mateo Lansas, Vicente Lanzas, Juan Iglesia,
Norvin Mrez and Mastasio Martinez were allegedly arrested by soldiers from
the La Patriota base. Nejt day their bodies were found with stab wo4IndSl
Ce) On 26 March 1388, three kiloraetres from the El Coral village.
Department of Chontales, Cruz Teodolinda Segueira Urbina, Abraham S nchez, and
his father Pedro Sanchez, were allegedly killed by two soldiers
(f) On 26 April 1988, the mother of Edy Mois6s Barrera Norales, aged 23,
was allegedly informed of his death in a confrontation with police after
having attacked a taxi at k m 15 on the Le6n—San Isidro highway. His body was
said to have been battered and decapitated;
(9) On 6 May 1988, ira Managua, Francisco jo4 Ldpe2 Hern ndez was found
dead in a Street with a bullet nund; security forces were suspected of the
killing. No investigation was alleged to have been carried out so far;
h) on 20 Nay 198$, it was announced that Carlas Ilools Downs. from
Bluefields, Zelaya, had been killed at the B].uefields Coim,and of the
government forces. It was alleged that his body showed signs of torture and a
bullet wound in the pelvis
Ci) On 23 May 1988, Roger Francisco poveda Osorio allegedly died at the
military base in Sumubila, Tasba pc i , Puerto Cabezas, Zona Especial I, Zelaya
Norte. Although his death was reportedly explained as suicide, his body
allegedly bore marks of torture;
C i ) On 24 August 1908, in P uerto La Esperanza, Valeriano Torres 6tiez, a
‘ember of the municipal council of valle de Wapi in the El Rama jurisdiction,
was allegedly shot dead by Sandinista supporters.
189. In addition to the foregoing, a considerable number of civilians.
including children, were killed by Contra rebels. Among cases of such aLleged
killings received by the Special Rapporteur was an incident on 16 April 1988
in Cerro Colorado, Matigu s, Department of Matagalpa in which a group of
3u Contras belonging to the September 15 regional command attacked a house and
killed Rigoberto Ldpez Ramos, aged 1, arid Reina IsabeL Ldpez, aged 10.
/CN.4/l P89 /25
page 37
190. In both letters, the Special RapporteLir requested infornation on the
above—mentioned cases, and in particular on any investigations made arid any
measures taken by the authorities and/or judiciary to establish the facts and
bring those responsible to justice.
191. on 7 November 1908, a note was received from the Governeent of Nicaragua
transeitting information concerning the case of Fredy Eduardo Garcfa Tar tea
which had been communicated to the Governi,ent by Letter dated
6 November 1987. According to the inforaation, the investigation carried out
on the case established that Garcia Torres, had been arrested on 1.7 May 907
and that his health had deteriorated in prison without the competent
authorities taking the requisite steps to provide him with the medical
assistance he required ha result there was criminal liability which fell
within the jurisdiction of the military court. On 20 April 1980 . the Court of
First rnstance of the ,tnagua regional circuit found two me,IIers of the armed
forces guilty of homicide. The defendants were sentenced to one years
deprivation of liberty and the accessory per,alities of civil interdiction and
suspension of their civil rights.
Nepal
192. On 9 November 1988, a letter was sent to the Government of Nepal
concerning the allegation that on 13 December 1987 on the left bank of the
River Rankai near Surung village, Jhafa district, Laxmi Panday, a sti,dent,
aged 19, was shot dead by the police. rt was allerd that. arter a lawful and
peaceful meeting on the bank of the River ankai where about 500 people had
gathered, the police were confronted with a group of seven persons and One
police officer fired point—blank at Panday without warning. No official
investigation was reported to have been held into Panday s death.
193. The Special Rapporteur requested information on the alleqed case of death
and in particular on any investigation of the cast, including an autopsy, and
any aeasures taken by the authorities to bring those responsible to justice
and prevent further occurrence of such deaths.
194. At the time of preparation of the present report no reply had been
received from the Government of Nepal.
Nigeria
195. On 28 July 1988, a letter was sent to the Government Of Nigeria
transmitting the allegation that during the past several years a nw,ber of
persons had been executed after having been sentenced to death by Robbery and
Firearms Tribunals, under whose procedure the defendant had no right of appeal
to a higher tribunal. It was further alleged that at least 145 persons were
had been executed after having been convicted of armed robbery in 1987 and
that during the first three months of 1908, 27 persons were executed,
including 12 persons in January 1988 at Benin City prison in Sendel State.
A number of others were said to be still facing execution.
196. On 9 November 1988, a' ther letter was sent transmitting the allegation
that, between January and August 1988, at least 29 persons had been executed
after having been sentenced to death by Robbery and Firearms Tribunals.
E/CN. 4/1969/25
page 30
19'. It was further alleged that several others, sentenced to death by Robbery
and Pirearms Tribunals, were facing execution. The Special Rapporteur
described ec e examples of such cases as fol lows
(a) In June 1988. 13 persons aged between 16 and 16 were sentenced to
death by the Robbery and Firearas Tribunal in Ikeja. Lagos State. It was
alleged that although Robbery and Pireariss Tribunals were special courts
outside the ordinary court system, they folLowed ordinary criminal procedure
except where specifically apcwered to do otherwise and that there was no
specific provision allowing Robbery and Firearms Tribunals to sentence
juveniles to death. It was said that under ordinary criminal law, no juvenile
under the age of 17 might be sentenced to death;
Ia On 10 June 1986. Danda Baloqun, a labourer, was sentenced to death
by the Robbery and Firearms Tribunal in Oyo State ;
(C) In late June 1968, Frank Sregory Osang and Joseph Otuba were
sentenced to death by the Robbery and FUearms Trib4inal in ogoja, Cross River
Statei
(4) In early July 1966, London Uwajeya, a student, Samuel Utuedor, a
driver • and Ambrose Ogbanefe, an electrician, were sentenced to death by the
Robbery and Firearms ribuna1s in Warn, Bendel State.
98. The Special Rapporteur requested in orIRation on the above—mentioned
cases, and in particular on the legal proceedings following which the alleged
executions might have been carried nut.
199. On 13 January 1989, the Special Rapporteur met a representative of the
Government of Nigeria and received a reply to the effect that death sentences
were passed only in proven and established cases of wmmission of the heinous
crime of armed robbery. Armed Robbery and Firearms Tribunals had been set up
to try inter alia cases of armed robbery, and at their inception, had been
presided over by military officers. lowever, the Tribunals were currently
presided over by High Court judges and their procedure was the Sante 55 that of
the ordinary courts. All accused persons were entitled to defence counsel
and, if the accused was found guilty and sentenced to death by the Tribunal.
the sentences were normally reviewed before their implementation and Were
either confirmed or commuted to terms of ieprisoment. In the case of
Ganiyu Ibrahim in Kwara State, the death sentence was commuted to five years
imprisonnent. Wigenia never executed juveniles. The representative of the
Government added ta the reply by stati!w that all cases coeniunicated to the
GoverTment by the Specia' Rapporteur were under review.
Pakistan
200. on November 1988. a letter was sent to the Government of Pakistan
transmitting the allegation that on 27 December 1987, AJTeer Mi, from
Ghangro Mon village, Sind province, was found dead outside a house near
flyderabad, after having been arrested on 20 December 1q87 with two other men,
Gulab and Niaz Machal. and detained at Kosri police station. Although the
police reportedly claimed that Ameer Alt died of natural causes, the two men
detained together with him allegedly witnessed Moeer Mi being beaten by
police officers at the police station. Subsequently, on 25 January 1908, the
E/CN. 4/1989/23
page 39
two aen, the alleged witnesses of the beatinq of Ameer M i, were killed
together with Mashar Maohhi and MOhaT ad A u, when police and army personnel
raided Shangro Mon village and shot at people on a boat Tt Was reported
that on 17 February 1988 a judicial inquiry into the incident of 25 January
was ordered by the Sind Coverneent.
201. The Special Rapporteur requested information on the alleged deaths, and
in particular on any investigations of those cases, including autopsies, and
any measures taken by the authorities to bring those responsible to justice
and prevent further occurrence of such deaths.
202. At the t% e of preparation of the present report, no reDLy had been
received from the Government of Pakistan.
Per u
203. On 13 July 1q88, a cable was sent to the Governaerrt of Peru concerning
the alleged abduction of 12 persons, said to be Witnesses Ot Killings in
Cayera on 14 May 1485 (see para. 310). The 12 were allegedly abducted by a
group of ilitanv patro lMen on 30 June and 3 July .950 Sn Cayara. Department
of Ayaciicho. . .
204. In view of the circuestances of the ahove—aentioned incidents, and in
particular the alleged killings in Cayata on L I May 1985, the Special
Aapporte'sr expressed his concern for the life and security of the 12 persons,
appealed to the Goverjoeent to take every possible measure to ensure the safety
of the persons concerned and requested information on the cases, in particular
on any investigation carried wt by the appropriate authorities.
205. an 14 October 1900, another cable was seat concerning the alleges death
threats Sn September 1980 in Ayacucho against Angela Mendora de A.carsa.
President of IIe Aaociaci&n Nacioaal de Pasiliares de SecUe5tra ,5 V
Detenidos—Desaparecidos en las Zonas Declaradas en stado de ,erqencia del
Peru (ASVASEP) I tiona1 association of relatives of abducted per1 s and
disappeared detainees in the woes under a state of emergency in Per. ' and
Mario Cavalcanti Gamboa, a member of the College of Lawyers.
206. On Nove.ter 1988, a cable was sent to the Government of Peru concerning
the death threats to the families of Lois Miguel Pasache and S crates Porta
Solano who were found dead in nqust 1988 in the s c ot t. of Liaa. The two
persons were allegedly killed by a paranilitary group called Rodriqo Franoo.
207. In boII cables, the Special Rapporter requested information on the
messures taken by the Government to protect the Lives of those who had been
threatened.
208. On 4 January 1989, a cable was sent to the Government of Peru concerning
IIe alleged killing of the witnesses of the Cayara incidents and death threats
directed against Carlos Escobar Pineda. ccording to information received, on
14 Oece.r 1985, two cceounity officials of Cayara, Justiniano Tinco Garcia
and Fernandina palomino guispe. were killed together With Antonio Pdlix
Garcia Uipe. the driver of a truck carrying passengers, including the
anove—ijentioned two, by troops wearing black ski masks • The three Were
allegedly the nost recent victims among at least eight persons who were killed
or disapsiesred after detention because of their testimony to civilian legal
/23
page 4C
officials investigating the deaths in Cayara on 14 and iS Nay 1988, or because
of their relationship with the eyewitnesses. In that connection, expressions
of concern were received by the Special Rapporteur for the life of
Carlos Escobar Pineda who, as Special Commissioner, investigated the killings
in Cayara and subnitted a report. It was alleged that Escobar had been the
object of harrassment and death threats. Furthermore, fear was expressed to
the Special Rapporteur for the life of Benedicta Maria Valenzuela Ocayo, the
wife of Justiniano Tinco Garcia.
209. The Special Rapporteor appealed to the Government to take every possible
measure to ensure the riqht to lire and security of the above—mentioned
persons and requested information on the above—mentioned deaths, and in
particular on investigation of those cases.
210. on 22 July 1908, a letter was sent to the Government of Peru transmitting
the allegation that, on 14 May 1908, in the village of Cayara, Distriot of
Huancapi, Province of victor Fajardo, Departsent of Ayacucho, at least
29 persons were allegedly killed by members of the military forces. According
to reports, the killings took place in the course of a counter—insurgency
operatiofi ordered by the military coanander of the regiont following an
incident on 12 May 1988, in which several military personnel had been killed
in an as ush in the locality of Erusco believed to have been set by members of
the Sendero Luminoso (shining path) guerrilla group. OEe victims allegedly
included schoolchildren, the headmaster of the local school and members of the
local council. Sone of the victims were allegedly tortured before being
killed. The approximately 300 troops participating in the operation were said
to be from the nilitary bases of Kua].].a, Canaria, Colca, Panpa Cangallo,
Cangallo, luancapi and Huanca Sancos. Lists with names of alleged victims of
the killings were given to the Special Rapporteur.
211. It was further alleged that, during January and February 1988, in the
localities of Chaihuanca Pichirhun—Abancay) , Taquebamba and San Miguel
(Tintay—Ayanares) , a nuater of persons were killed by members of the military
forces. During that period, the mutilated hodien of three women, one of whom
was decapitated, were found in the area.
212. In addition to the foregoing, the Special Rapporteur described three
incidents alleged to have taken place in January 1928.
213. on 9 November 1988, another letter was sent to the Government of Peru
transmitting the allegation that, during the past year, incidents of killings
by both the government forces and armed rebel groups, such as Sendero Luminoso
and the Movimiento Revolucionario Tupac Aesru (M TA) (Tupac Maru
Revolutionary Movement), allegedly continued, especially in the areas under a
state of emergency and administered by political—military commands. The
majority of the victims were said to be local villagers in those areas, who
were allegedly suspected by the security forces of support for the guerrillas,
but a number of villagers were said to have been killed also by the rebel
groups for their refusal to co—operate with them.
214. According to the Peruvian Senate's official statistics, during the period
from June to the middLe of October 1958. 6,4 politically—motivated killings
occurred.
215. The Special Rapporteur de scribed by way of example nine cases.
E/CN. 4/1989/25
page 41
216. In both letters, the Special Rapporteur requested inror!rntion on the
alleged cases of su,mtary or arbitrary executions and in particular on any
investigations at those cases, including autopsies, and any measures taken by
the authorities to bring those responsible to justice and prevent further
occurrence of such deaths.
217 • On iS December 1988, a letter was sent to the Government of Peru
concerning the proceedings of the Supreme Council of Military Justice in
regard to the reported killing of 13 peasants, including two minors, on 22 and
23 October 1986. in Pomatambo and Pan000 Alto, Province of VilcashuajMn.
Department of hyacuoho, by members of the Peruvian arn t. According to
reports, the Supreme Council. of Military Justice dropped the charges against a
number of military personnel in the case and terminated the penal proceedin
on 22 June 1988. It was also alleged that, in spite of appeals by the
families of the victims. they were not represented in the proceedings.
According to the Sa n reports, the Joint Coimnand had stated earlier that the
investigation of the incident “established that acts occurred which constitute
infringements of the applicable regulations pertaining to the operations of
the law entoroei.ent authorities.
218. The Special Rapporteur requested information on the leqal proceedings of
the Supreme Council of Military Justice concerning the above—mentioned case,
in particular on its decision to acquit the Qilitary personnel originally
charged with the killings.
219. At the time of preparation of the present report no reply had been
received frci the Governfljent of Peru.
Philippines
220. On 28 July 1988, a letter was sent to the Government of the Philippines
transmitting the allegation that during the past year unarmed civilians were
killed either by meTmbers of security forces, the Integrated Civilian Ho.T
Defence Forces {ICWDF) or sc—called “vigilante groups, said to be acting with
Covernaent support. ? st of the victfl.s were said t 0 have been suspected
supporters of the New People's Army NPA) or members of conimunity or church
organizations, It as alleged that official investigations rarely led to
prosecution due to such reasons as fear or intimidation of witnesses, lack of
co—operation from the military and lack of impartiality by military courts
which have jurisdiction over cases involving soldiers and the police. In
addition, it was alleged that tipA was responsible for a number of killings of
soldiers, policemen and others, including the killing of Secretary of Local
Coverynent Zlaine Ferrer in July 1987. Furthermore, during the local elections
held in the beginning of 1988 a number of persons, including election
candidates. were killed.
221. The Special Rapporteur described by way of example 28 incidents of
killings during the period between February 1987 and January 1985, for which
the security forces and paramilitary qroups were allegedly responsible.
222. Or, 9 Novemher 1988, artother letter was sent II the Government of
the Philippines concerning the allegation that, during the previous several
months. killtngs in a su.saary or arbitrary manner by members of the ar.ed
forces. paramilitary vigilantes groups and unidentified armed men had
continued.
page 47
223. OEe Speciai Rapportetit described by way of example nine incidents of such
killings which allegedly occurred during the period between December lfl7 and
July 1988. including the cases of three human rights 1a ers killed in
June and July 1988.
224. In both letters, the Specia l Rapporteur requested information on the
above-mentioned allegations and in particular on any investigations of the
cases, including autopsies, and any measures taker' by the authorities II bring
those responsible to justice and prevent further occurrence of such deaths.
225. On 20 December 1988, a letter was received from the Coverrnent of the
Philippines transmitting the following documents prepared by the Philippine
Copsaission on Human Rightsi
(a) Primer On the Philippine commission on Human Rights 1
b) Statement on human rights issued by the Philippine Commission on
Human Rights and Guidelines on Visitation and the Conduct of Investigation,
Arrest. Detention and Related Operations;
(C) Manual of Services and Programmes of the Philippine Commission on
Human Rights
(d) Consolidated monthly accomplishment reports for January—April 1988.
226. Oii 21 December 1988, a reply was received from the Government
transmitting case reports prepared by IIe Philippine Commission on Human
Rights on a number of alleged killings, as follows:
a) According to a Commission on Human Rights CHR} case report of
17 August 1988 concerning the alleged killing of Andr s Rio and Manuel Dotollo
on 30 3anuary 1988 at Farangay Himacugo, Hindang, Leyte, by a Philippine arm?
patrol a team of CHR investigators was sent to investigate the killings.
While the affidavit of the witness interviewed by the a iR team was sutficient
to establish that the circumstances immediately prior to the killing of Rio
and totollo were not in the nature of an armed encounter, as stated in the
official army report, it was not sufficient to indict the members of the army
patrol IIo had arrested and taken away the two persons CER was endeavouring
to obtain sworn statements from persons who were reportedly eyewitnesses of
the killing, but were hiding in fear of their lives;
(b) According to a Off case report of 12 August 1988, the alleged
killing of Pr. Carl Schmits on 7 April 1988 at the Parish Convent of Baranqay
Bolol, Koronadal, South Cotabato, the Investigating Officer of the
45Sth Philippine Constabulary (PC) stationed at Koronadal conducted an
on—IIe-spot investigation of the case and reported that witnesses saw an ICHOF
member shoot Pr. Sahmitz to death- Based on eyewitness testimonies, the
Commanding officer of the South Cotabato PC Command filed a criminal case
against the ECKOF member with the 11th Regional Trial Court, Branch 24, on
8 April 1988 for murder. Subsequently, a commitment order was issued on 11
April 1989 for his detention at the provincial gaol. It Wes established by
the investigation that the killing of Fr. Schoeitz arose from a personal grudge
and was without any political n tivation;
E/CN.4/1909/25
page 43
(ci According to a CUR case report of 25 July 1988, the alleged killing
of Alfonso A. Surigao, a human rights lawyer, on 24 June 1988 at his home in
Tabucanal. Part, Cebi City, the National Bureau of Investigation NUt) as
well, as cUR carried out an investigation which resulted in the arrest of a
persom. who, after having been apprised of his constitutional rights, among
others, the right to remain silent and to be assisted by counsel, willingly
and freely aduitted under oath that he had killed Surigao under the
instructions given by a major of the PC Regional Security Unit in Cebu. The
PC major was subsequently placed under technical arrest by the ni iitary
authorities and confined to barracks. A charge of murder was filed with the
Cebu City Fiscal 5 Office against the defendant and his two companions and the
PC JGdge Mvocate—General was to initiate a preliminary investigation of the
charge of murder against the PC major. A petition was filed with the
president to waive the court martial jurisdiction over the major and to have
him tried simultaneously with the defendant in a civil court. b waiver had
been issued at the tine of preparation of the CUR case report. The other two
companions of the defendant were still at largep
(d} According to a CUR case report of 11 August 1980. concerning the
alleged case of killing of Vicente Mirabueflo, a human rights lawyer, on
6 February 1988 by two gunmen at the public market in General Saritos City, the
police authorities of General Santos City arrested one of the two alleged
gulsuen on 7 March 1988 and the suspect was charged in court on the same day
and detained at ‘the city gaol. Us companion was still at large. The CUR
investigation reached the conclusion that Mirahaeno's killing did not result
frcoe his activities as a huoean rights lawyer. The CUR regional office was
directed to monitor the case and to report any significant developaent to Read
Office;
(e) According to a CUR case report of 11 & 090 t 1908. concerning the
alleged case of killing of Ramos Cura, a lawyer, on 18 June 1908 in Pampanga
by two unidentified armed men, a OIR team was sent to investigate the case,
but the victims widow refused to say anything out of fear for her safety and
that of her family. The victim's father and nephew, who had reportedly
witnessed the killing, had left their residence and their whereabouts were not
known. The physician to whom Cure was brought after being shot was also
killed. CUR was keeping the investigation openi
f l According to a CUR case report of 9 August 1980, concerning the case
of Rodiger de log Santos, who was allegedly abducted on 21 February 1988 by
members of the Integrated Special Operations Group of the Pasay Police in
Nalibay, pasay City, and was found on 29 March 1988 in Valley Golf Club in
Aatipojo, Rizal, and died in hospital on 23 April 1988, the CUR team
interviewed the only eyewitness to the abduction, who refused to give a
written affidavit and also said that he would refuse to testify in court out
of fear for his life and that of his family;
gi According to a CUR case report of 26 July 1988, concerning the
killing of Reynaldo 0. Francisco and, the attempted killing of
Uilario I i. austamante, in March 1998, MDI and CUR bad conducted the
investigation in April 1fl8. The two nen were abducted by unidentified armed
men on 19 March 1900 in Malate, Manila and found on 21. March 1988 in Caloccan
City. Eustamante told the investigators that he and Francisco had beer,
tortured by their abductors in fatigue uniforms, who had introduced themselves
E/CN.4/l9o9/ 2
page 44
as members of the PC Capital Regional Coi.oearrd (CAPCa) • and that they were
then brought to Caloccan City by a blue CA1 CaI car and thrown out of the car.
CaR considered that the case needed further investigation, since Bustamante
had not fully recovered nor had he been able to identify any of his abductors.
Sosa 11 a
227. On 9 February 1988, a cable was sent to the Government of Somalia
concerning the death sentences U,posed by the National Security Court on
7 February 198g. According to information received, the defendants, including
eight persons sentenced to death, had been detained incoessunicado since their
arrest in June 19B2 and nose of t ie, had beer ' tortured during detention. It
was also alleged that the National. Security Court had been coi,posed or one
government Minister and two military officers, that the prosecution had
depended mainly on the confessions of the defendants which were said not to
hav, been submitted as written statements to the court, and that the
allegation of torture had not been examined by the court. It was further
reported that the right or appeal to a higher tribunal was not possible under
the procedure.
228. OEe Special Rapporteur requested the Government to provide information on
the above—mentioned cases, in particular the proceedings of the National
Security Court, as a result of which the eight persons were sentenced to death.
229. IIm 23 November 1988, another cable was Sent to the Government of Somalia
concerning IIe cases of five cadets who had allegedly been forcibly returned
from Egypt to Somalia. According to informetion received, one of the five had
died as a result of torture. Expressions of concern were received by the
Special Rapporteur about the remaining four who were allegedly detained
incommunicado without charge or trial. and whose whereabouts were said to be
.nknown.
230. OEe Special Rapporteur appealed to the Government of Somalia to ensure
that the right to life of the above—mentioned four persons wan protected in
every possible manner and requested information on the alleged death in
detention of one of the five cadets, in particular on any investigation
carried out by the appropriate authorities and on the current situation of the
remaining four.
231. On 13 January 1989, a cable was sent to the Government of Somalia
concerning alleged indiscriminate bombing raids, possibly including the use of
chemical weapons, carried out by the government forces on the three northern
towns of largeisa, Berbera and Burao. reportedly causing some 20.000 deaths.
According to the information, the internal armed conflict in the northern part
of the country had intensified and a large number of civilians belonging to
the Issag clan had allegedly been killed by government forces in a suamary or
arbitrary manner.
232. The Special Rapporteur, expressing his concern for the life and safety of
the civilian population in the affected areas, appealed to the Government to
take all necessary measures to ensure that the right to life of every citizen
was protected. In addition, he requested infonsation on the above—mentioned
allegation, and in particular on any investigation of the incidents in
question as well as any measures taken II bring those responsible to justice
and prevent further occurrence of sUch deaths.
/CN.4/l909/25
page 45
233. On 9 November 1988, a letter was sent to the Government of Somalia
transmitting the allegation that, during the pant year in the internal armed
conflict in the northern part of the country, a large number of civilians had
allegedly been killed in indiscriminate bombardments by the government forces
or executed without trial or after a trial of a susnary nature. The
Special Papporteur described by way of example the following alleged incidentsi
Ca) On 12 March 1908 in eli1eh, foLlowing attacks by the Somali
National t4ovement (SlIM) in the area. 16 men, mostly farmers and nomads, were
summarily tried and executed shortly after being sentenced to death. t
22 March 1988, six others were tried and executed in a sinilar •annerj
b) On 31 May and 1 June 1985. in Hargeisa after the SIM attack on
31 May, 21 persons were executed in three separate incidents. The total
nuuter of persons executed was alleged II be very high.
234. Subsequently the Special Rapporteur learned that on 11 February 1988 the
president had conted the death sentences i.posed on the eight persons by the
National Security Court on 7 February 1980 (see para. 227) • Two of the eight
persons were transferred to house arrest and the other six were given prison
teri of 24 years.
235. At the tine of preparation of the present report no reply had been
received from the CoverMient of Somalia.
South Africa
236. On 1 Febr Uary 1988, a cable was sent to the Government of South Africa
concerning IIe alleged iminent execution of the so—called SharpevIlle six,
who were arrested In November 1904 in connection with IIe unrest and murder
which occurred on 4 September 1904 in Sharpevil].e and Sebokeng and sentenced
to death on 13 December 1985 by the Pretoria Supreme Court. It was alleged
that the defendants had been tortured during detention, that statements
t,ctracted under torture had been admitted by the court as evidence against
then, that many of the findings of the Court had been based on the evidence of
a single State witness and that most of the evidence given by the defendants
had been rejected by the Court.
237. OEe Special Rapportelfl, requesting information on the cases, in
particular on the proceedings of the trials as a result of which the six
persons were sentenced to death, appealed to the Government On a purely
humanitarian basis to stay their execution.
230. On 16 March 1980, another cable was sent to the Government of
SouII Africa, again concerning the Sharpeville six, further information having
been received to the effect that IIe six were scheduled to be executed on
18 March 1998.
239. The Special kapporteur reiterated his sppeal to stay the execution of the
six.
240. Subsequently, Urn Special Rapporteur learned that on 23 November 1999 the
State President had connuted the death sentences imposed on the Shnrpevtlle
sic to terms of iwrisorwent varying from 18 to 25 years. At the same LII.
he conuted the death sentences i.posad on six other people, including four
white police officers.
E,Cl. 4 /1989/fl
page 46
241. On 10 August 1900. a cable was sent to the GoverniTbent concerning
Nelson Mandela who, according to reports, was gravely ill. During the
hearings conducted jointly by tbe Special Rapporteur and the Ad HOC Working
Group of Experts on southern Africa in August 1900. fears were expressed to
the Special Rapporteur that Nelson landela might not be receiving adequate
medical attention and that his life might he in jeopardy.
242. OEe Special Rapporteur. expressing his concern, appealed to the
Soutb African Government, on a purely husanitarlan basis, to ensure that
Mandela's right to life was protected and that steps were taker' to provide him
with every possible medical care and attention.
243. On 20 July 1988. a letter was sent to the Government of South Africa
transmitting the allegation that during the past year a large number of
persons had been killed in violence in various parts of the country, and in
particular as a result of continuing conflicts between the Inkatha movement
and the supporters of the United fleoeocratic Front tm ?) in Natal- According
to one source, approxisately 500 persons had been killed between the beginning
of 1987 and May 1988. Tn January 1988 alone, a total of 108 persons were said
to have been killed, and, according to s e reports, the police had tailed to
intervene to prevent killings during violent incidents. It was also alleged
that several persons, said to be anti—apartheid aotivi .ts, were killed by
unidentified men. The Special Bapporteur described, by way of example, the
following cases:
(a) On 26 Januar y 1988 in Soweto, Godfrey Sioe1 o Dlo.,o was foond shot
dead six days after he had been questioned at the police headquarters in
Johannesburg ahout a television intervie4g in which he reportedly described how
he had been tortured by the police in detention
(h) On 29 January 1988 in Helmoed near Welcojie, Orange Free State.
Linda Brakvis was killed by unidentified men three days after his release fCO
6 weeks' detention without charge.
244. In addttLon, several, persons, said to be members of OEe African National
Congress of SouII Africa (Air) were allegedly killed outside the country by
unidentified men al1e ed to be under the control of the Governi,ent of
South Africa. The following cases were given as examples:
a l In January 1988 in Nantini, Swaziland, Sipho Ngema was shot dead by
a black gut an in a restaurant;
b} On 23 March 1988, in Maseru. ?4azizi Magekeza was shot dead in a
hospital bed by a gursian who fired through the window,
(C) On 29 March 1988 in Paris, Dulcie Septeiter was shot dead by
unidentified guniten.
245. Furtherrore. on 28 March 1908. in the suburbs of Gaborone, four person!.
three of whorm were said to be nationals of Botswana and one a refugee frooe
South Africa, were allegedly killed in a raid by menibers of the South African
Defence Forces.
E/CX.4/1989/25
Page 47
246. On 9 I ovember 1988, another letter was sent transmitting the allegation
that the death penalty was extensively used against those convicted of
politically related murders of policemen, black township councillors and
suspected police inforners. Official statistics allegedly showed that the
death sentence was disproportionately imposed on the black population by an
alj ost entirely white judiciary. AS of February 1988. 267 persons were said
to be under the sentence of death and by 11 June 1988 at least 71 of theis had
reportedly been executed. Furthermore, in the case of the conviction of the
Sharpeville six, the Appeal Court judgellent, upholding the trial court's
decisioq , reportedly introduced an interpretation of tbe legal principle of
col lon purpose which potentially could spread the net of criminal liability to
all participants fri a demonstration or riot. tt was also alleged that several
persons were killed in violence in various parts o the country, in particular
in Natal, as a result 0 f continuing conflicts between rival groups in black
tovnships. In a nuiaber of incidents. members and supporters of UOF. the
congress of South African Trade Uniats CO TU) and the Natal Organization of
Wo..en (N q) were allegedly selected as targets for assault. It was further
alleged that several persons were killed by members of the police. OEe
Special Rapporteur described such case, as follows:
al on 26 November 1987 in Ilamafubedo toMnahip near Petrus Steyn in the
Orange Free State Josias Tlaki, aged 15 . was shot dead at his home by
police. It was alleged that he was killed while police were ordering his
family to vacate the house;
b) On 23 August 1907 in Bononi, East Rand, Caiphus Nyoki, a student and
UDF member, was shot dead by policemen who raided his house l
(C ) In early Acgust 1986 in Soweto, Clement Gwiji, a 14—year—old high
school student, was shot dead by the municipal police. According to the
police statement, the shooting was to disperse the pupils who were throwing
stones at a delivery truck escorted by the police. Eyewitnesses. honver,
contested tile police statement;
(d) On 12 January 1906. Sithestele Zokwe wan shot dead by the Transkei
Security Police in sutterworth shortly after having been detained.
Subsequently, two members of the Transkei Security Police were reportedly
arrested and charged with murder,
e l On 2 March 1980, in Ceorge, Southern Cape, And Re tobe. from
Sandkraal, died of head injuries caused by severe beatings by police.
247. In hoth letters, the Special Rapporteur requested information on the
above—oeentioned allegations, and in particular on any investigations of the
cases, including autopsies, and any measures ta?en by the authorities to bring
those responsible to justice and prevent further occurrence of such deaths.
240. On 30 Deceatjer 1908, a reply was received from the Covernment of
South Africa to the effect that
(a The conflict between Inkatha and on? continued to be a cause of much
unrest and tragedy in Natal. Since the middle of 1907. this conflict, which
mainly concerned the question of superiority and effective control in a area
which is traditionally a u1u stronghold, had severely escalated. OEe area
E/QL4/1969/2 5
page 48
baa always been one with a high crille rate. In the circulistances, the
South ififrican police, already stretched by the prevailing emergency situation,
did their best to defuse and stabilize the situation;
(b) Godfrey Sicelo Dlcino was arrested on 12 June 1986 with six other
youths on the campus of the Coauercial College in Soweto. following an
investigation into attempted murder and arson. All six were charged but were
acquitted on 6 January 1987. Dlomo again came under attention after the
broadcasting of a CBS documentary in which a certain ‘Goafrey made some
sensational accusetions concerning the detention of children. Godfrey was
identified as Godfrey Dlciao and on 20 January .988, he was questioned On his
involvement in the documentary. He said that he had been invited to tea by
the Detainees parents Support Comittee (DPSC} where a man had asked him to
relate events surrounding his detention for videotaping. kccording to Dlcec,
he was instructed to say that he had been assaulted. Godfrey Dlomo then told
police that he was afraid of certain members attached to the Azanian People's
Organization AZAFO) and since his life might be in danger, requested that he
be taken to Zhotso House, where the offices of the South African Council of
Churches were located. He was not seen again. On 23 January 1988, his body
was found in Soweta. It had three bullet wounds. investigations were still
continuing,
Ic ) Gordon Linda Brakvis, aged 76, was detained between 12 June and
17 September 1987 on suspicion of inciting youths to arson and violence. He
was - also sought for armed robbery in which he had allegedly been involved
during November 1986. He was chargnd but found not guilty of robbery on
3 September and released on 17 September l987 His body was found on
29 January 1988. It was alleged by witnesses that Erairvis and a friend had
been attacked by three unknown men, resulting in Brakvis' death.
Investigations were still continuing. Since 1SS3, tr. arakvis had been
sentenced for various criminal offences and had served an la-month term for
rc bery between December .985 and June 1986,
(d l With regard to the other cases, the South African Government
repeatedly denied involvement in the eli.,ination of people abroad. 8T I said
that no evidence linking those incidents with the Government• had been found.
Sri Lanka
249. On 28 July 1988, a letter was sent to the Government of Sri Lanka
trans.itting the allegation that, although the rndo—Sri Lankan agreement had
been concluded on Z9 July 1987 to establish peace and a return to noreaLcy in
Sri Lanka, killing of unarmed civilians continued in the context Of internal
armed conflicts. The Special Rapporteur described, by way of exaisple, cases
of such killings attributed to the Indian Peace—Xeeping Forces (IPX ?) and the
Sri Lankan police as follows ,
(a) On 21 October 1987 at the Jaffna teaching lospital, so.e 100 persons
were allegedly killed by IPXF soldiers It was alleged that the victims
included three doctors, a number of medical Interns, 10 nurses and patients,
(b) On 22 October 1987 at kraLithurai Jetti, 35 persons were allegedly
killed when an IPX? helicopter attacked a group of people with rocket mrtars
g/cN.4/l909/25
page 49
(C) On 24 October 1907 in Sallguppitti, two women were allegedly killed
by IPKY soldiers after havinq been raped,
(dl On 27 October 1987 at Chavakachcheri market, 60 PersonS Wttt
allegedly killed when art IflF helicopter attacked a large crowd of shoppers,
Ce) on 30 October 1907 at the gindu Women 's Co lLege, three children were
allegedly killed in an IP X ? artillery attack on a refugee Callpj
Cr) or' 16 NoveI,ber 1987 in Valyettiturai, seven persons, all young
males. were detained by IPKF soLdiers and taken to the IflP camp at
Valvettit'arai. On 17 November 1907 . one of the seven, named Paramanathan, son
of Paramasamy. died aLlegedly as a result of tOrture. On 19 Noventer 1907
another. named Baburaj, son of Munusamy, was allegedLy shot dead in the grave
which h had been forced to dig at Vallai—VelLi along the road fro
Valvettiturai to JaCfrra
Cg) On 12 December 1981 at Alaveddy Rorth, Jaffna, three brothers named
Pathsanathan Kiritharan, aged 31, Pathmanathan 4ura1itharan, aged 21, and
Pathmanatlian Balenthiran were detained by IPX? soldiers and tortured.
Pathjaanathan Kiritharan was allegedly killed by oi l . of the soldiers with a
bayonet,
(h I On 29 December 1987, Kanagalingam Natban was detained by tPK? at the
IPX? caw in Inuvil. Ois dead body, which was handed over to his rasily On
16 January 1988. allegedly bore marks of tortl lre. The death certificate
issued by IPX? stated that Xanagalinga Nathan. said to be a Liberation Tigers
of Tail zeta (LIfl) militant, died on 16 January 1988 probably due to
sudden cardio—respiratory arrest;
(i i On 27 December 1987 in 3atticaloa. at least 25 persons were killed
in a crowded market, allegedly in indiscriminate shooting by local policemen
and IPX? soldiers, after an attack by Tail rebels on three policemen in which
one policeman was killed.
250. In addition, a considerable number of civilians were allegedly killed by
a Tail araed opposition group. The following are some of such cases:
Ca) On 1. xarch 1900 in Itorawewa , in Trinconalee district, 17 persOns, 16
of whom were said to be Sinhalese, were allegedly shot dead in an attack by
Tajail rebels
I I) On 5 March 1980 at Sittaru, in trincoirialee district, 26 civilians on
a truck were killed when the truck hit a land—mine allegedly set by Tail
rebels
Cc ) On 17 flarch 1988, near the town of Digawapi in Amparai district,
15 Sinhatese villagers were killed by Talail rebels.
251. Furthermore, since July 1987 more than 250 government officials and
supporters of the United National Party, the ruling political party, including
its chairman, had allegedly been killed by a group named Janatha Vimukthi
Peramuna (JvP) , which was said to be opposed to the tndo—Sri Lankar, agreement
of 31117 1907.
S7CN.4/ 1909/25
page 50
2 2. On 9 November 1900, another letter WAS sent to the Government of
Sri Lanka transmitting the allegation that a number of persons were killed by
the Special. Task Force (STF} of the Sri !ankan army before the Indo—Sri Lankan
agreement in July 1997 and by IPX? after the agreement. The victims of such
killings were said to be Tamil villagers. OEe Special Rapporteur described,
by way of exaspie, seven alleged incidents of such kiLlings. In addition, the
Gpecial Rapporteur transmitted allegations that, during the past several
months, indiscriminate killings had been carried cut by the TamiL rebels. One
incident of such killings was reported to have occurred — 9 October 1998 in
the village of Ulukulama , where 47 Sinhalese villagers, including 13 women and
18 children, were alle9edly killed by Tamil rebels.
253. In both letters, the Special Rapporteur requested information on the
aLLegations, and in particuLar on any investigations of those cases, incLuding
autopsies, and any measures taken by the authorities to bring those
responsible to justice and prevent further occurrence of such deaths.
254. c . U January L989, the Special Rappocteur met the Permanent
Representative of Sri Lanka to the United Nations Office at Geneva and
egplained that the situation or continuing violence in the area where
incidents oE suo.ary or arbitrary executions had been alleged had hampered
investigations of the incidents. The vioLence, particularly On the part of
LTTE made systematic judicial investigations of specific allegations
impracticable currently. However, investigations into the Lahugala
(Udumankulam) incident in &mparai district on 19 February 1906 had been
compLeted by the Inspector—General of PoLice who had submitted his report On
the alLeged incident to the Righ Court which had issued sujNaonses and the
judicial inquiry was due to commence on 18 January 999. The Permanent
Representative listed a number of positive developments aich gave hope that
some of the conditions Which had Led to the emergence of those reports would
change for the better. The developments were stated to be as follows,
(a) rirting or the emergency with effect frce midnight on
12 January 1989. rn deciding to Lift the e'.ergency, the President had taken
into account the improving security situation, which in his opinion is due to
the confidence the masses of this country have placed in themselves'. As a
resuLt, 6G0 persons had immediately been released and others were expected to
be reLeased in the near future
(b) The Government had declared that it would he ready to discuss the
repeal of the prevention of Terrorism Act as security conditions continued to
improve. A final decision, however, would have to await the election of the
new Parliament after the general elections
(C) Holding of Provincial Council elections in all parts of the island
was completed on 19 November 1989 and had led to a substantial measure of
administrative devolutiot,. In the temporarily merged Northern and Eastern
Provinces. members of former militant groups have become members of the
provincial administration, eschewing violence
(d) General elections were scheduled for 15 February l9S9 and would
provide further opportunities for political participation by all militant
groups which had resorted to violence in the past. OEe Tamil United
Liberation Front, a TaaliL democratic parliamentary party, had formed a
coalition with the militant groups to contest the general elections,
E/O .4/1989/25
page 51
Ce) OEe proscription on JVP which had been opposing the IPX? presence in
Sri Lanka had been lifted affording it an opportunity to participate
democratically in the countrys political life.
255. The Permanent Representative hoped that, as and when the security
situation iniproved, lore infoniation on the incidents qoula be forthcoming and
in particular that it ..ould be possible to conduct proper investigations.
Sudan
256. On 20 July 1908. a letter was sent to the Government of Sudan,
transmitting the allegation that, during the past year, in the internal armed
conflict in the southern part of Sudan . a large number of civilians. mainly
members of the Dinka ethnic group, had been killed by government forces or
militias recruited by those forces. The following three incidents were given
as examples of alleged killings:
(a) On 27/20 march 1987 in Diem, Darfur Province. more than
1 .000 civilians were allegedly killed by the Rizeigat militias;
II) On 1]. and 12 August 1987 in qsu, at least 600. possibly
2,000 civilians • were allegedly killed by the security forces,
Cc) t the beginning of September 1907 in the to ..n of Suk 3ou. hundreds
of civilians were allegedly killed by the security forces and militia nembers.
257. OEe Special Rapporteur requested information on the alleged occurrence of
swimary or arbitrary executions, and in partioular on any investigations of
those cases and the measures taken by the authorities to bring those
responsible to justice and prevent further occurrence of such deaths.
258. At the time of preparation of the present report no reply had been
received from the Government of Sudan.
Surinane
259. On 15 Deoember 1900. a cable was sent to the Government of Burmese
concerning IIe arrest and detention of Stanley Rensob, whoa the
Special Rapporteur had met daring his visit to BurinaiTte in August 1987.
according to information received, Stanley Rensch was arrested on
10 December 1900 by the Military Police on his return to Suriname from abroad.
260. The Special Rapporteur, e cpressing his ooncern about the arrest and
req iesting information in particular on the charges brought against Stanley
Renach, appealed to the Government to ensure that all legal guarantees and
human rights, including the right to life. were respected in his came.
261. Subsequently the Special Rapporteur learned that Stanley Renach had been
released on 21 osoester 1988.
262. At th, time of preparation of the present report no reply had been
received from the Government of Surinan.
E/0L4/ 1999/25
page 52
Syrian Arab Republic
263. On 20 July 1988, a letter was sent to the Government of the Syrian Arab
Republic, transmitting allegations of deaths in detention. OEe Special
Rapporteur described, by way of example, IIree such oases as follows i
a) On 14 November 1907 in Saidnaya prison near Diaashg (Damascus).
Ibsan mo was said to h.ve died as a result of torture and denial of tedical
treatment,
b) In late December 1907 or earLy January L980 at Fara' Falastin in
D amascus, 4LJhaflasad al—'Arraj died in circumstances similar to those described
above
0) Between 20 and 22 ApriL 1980 at Para al—Tahjiq al—'Askari in Disiashq
(Damascus ), Aba aL—Raszaq Abaaid also died as a result of torture during
interrogation.
264. OEe Special Rapporteur requested infornatiom o , the above—aentioned
allegation, and in particular on any investigations of those cases, incLuding
autopsies, and any measures taken by the authorities to bring those
responsibLe to justice and prevent further occurrence of such deaths.
265. On 9 November 1988, another letter was sent to the Government of the
Syrian Arab Republic concerning the allegation that, during the past several
years. in Tadmur (Palmyra) prison. A number of prisoners had been executed
immediately after a su'aary trial, in which the accused were not given the
right to legal derence nor the right to appeal. Twenty—nine names oE
prisoners allegedly eaetuted in Tadmur prison were given.
266- OEe Special Rapporteur requested information on those cases.
267. On 7 September 1988, a repLy was received from the Government of the
Syrian Arab Republic concerning an alleged incident of killing of civilians in
Tripoli, Lebanon, on 20 December 1986, by Syrian troops and an alleged death
in custody on ] . May 985, which were described in the Special Rapporteur
last report (E/cN.4/l988/22, para, 165). With regard to the incident in
Tripoli. the reply stated that the Syrian presence had been established at the
request of the legitimate Lebanese authorities, with a view to halting the
internecine fighting, helping the Legitimate authorities to re—establish
security and stability throughout the country and endeavouring to achieve
national reconciliation among the Lebanese in order to protect Lebanon's
unity, independence and sovereignty, with regard to the alleged death in
custody, it was stated that the claim that a person had died in lay 986 as a
result or torture was totaLly unrounded.
768. On 2]. December 1908, a reply was received from the Government to the
Special Rapporteur's letters of 20 July and 9 OElovember L988, referring to its
note of 16 December 1908 to the Centre for Human Rights and attacheents
thereto. The note stated that the documents transmitted to the Government
from the Centre for Human Rights contained various allegations concerning the
human rights situation in the Syrian Arab Republic and the methods empLoyed by
its security agencies, as well as a list 0 f detainees. OEe note was
accompanied by eight annexes Listing the acts of terrorism, sabotage and
E/CL4/ 1989/25
page 53
assassinstion perpetrated by the persons named in the above—mentioned
documents and it was stated that those annexes also showed the errors and
fallacious allegations contained in thoee documents as well as the terrorist
and criminal nature of the detainees, It was further stated that the
infornation contained in the documents was totally unfounded and was
propagated by terrorist or extremist groups and social outcasts.
Thai laid
269. On 9 November 1998. a letter was sent to the Government of Thailand
transmitting the allegation that, during the period from July to October 1907,
five Xampvohean refugees had allegedly been killed in a su cy or arbitrary
manner by members of Thai military or paramilitary forces operating along the
Thai—Kampuohean border. OEe Special napporteur described four alleged
incidents as follows;
(a) In July 1987, two Eampuchean nationals, a pregnant b man and her
handicapped husband, were taken into custody and killed by a soldier of the
OEai Arsw• s Task Force 80. as punishment for collecting firewood outside
site 2 refugee encampment in Prachin uri Province;
(b) On 6 August 1907, a Kampuohean was shot dead after having been
arrested 2 ha from the Site B border camp in Surin Province, near Ban Khot
village;
(C) On 9 August 1987. a Ranpoohean as arrested by militia foroes 5 km
from Site 5 and near Ben Cham village and was shot dead after severe beatings
Cd) On 18 October 1987, a
B/CN.4/1fl9/25
page 54
274. Subsequently, inforriation was received in connection with the
above—mentioned all. jetion to the effect that the Major—Ceneral, commanding
the National. Resistance ray NRA) had reportedly announced the establishaent
of an inquiry into reports of NRA killings of civilians in the course of
counter—iTisurgency operations in northern Uganda.
275. The Special Rapporteur ackno *ledges that since his letter was Sent to the
Government on 15 December 1988, it might not have had enough tiwie to reply
before preparation of the present report.
United Kingdom of Great ritain and Northern Ireland
276. On 28 July 1988. a letter was Rent to the Government of the
nite4 Kingdom of Great Britain and Northern Irelsnd concerning the allegation
that, on 6 !Iarch 1988 in Gibraltar, three persons said to be meabers of the
Irish Republican Army (IRA), 4airead Farrell. Daniel Mccann and Stan Savage.
were shot dead by jeenters of the Special Air Service (SM). It was reported
that, according to eye—witnesses, the three persons were shot while having
offered no resistance when confronted by members of SM, and that they were
repeatedly shot when lying wounded.
2 7. OEe Special Rapporteur requested information on the above—mentioned
allegation, and in partitular on any investigations of those cases, including
autopsies, and any measures taken by the authorities to bring those
responsible to justice and prevent further occurrence of such deaths.
278. On 9 November 1988, a reply was received from the Government of the
United Kingdom, stating that the inquest in Gibraltar into the deaths of the
three IRA members had been opened on 6 septe m ber and concluded on
30 september 1985. Under the direction of the Gibraltar Coroner,
Felix Pi2zarello. the Il—man jury had considered evidence from Rome
68 witnesses and had decided, by a 9 to 2 majority Sn each case, that the
three had been killed lawfully. The two appropriate prosecutional
authorities, the Gibraltar Atto ney-Qeneral and the Director of Army Legal
services, had received statements taking during the police investigations and,
following reports of the inquest from their representatives who had been
present throughout, they had each separately and independently concluaed that
there Were no grounds for prosecution. It was also stated that the Gibraltar
judiciary was totally independent of, and separate from, the administration.
United States of Merica
279. On 30 March 1988, a cable was sent to the Government of the United States
of Ajiterica concerning a case of imminent execution. According to information
received a person named John Selvage, who was convicted of murder and
sentenced to death in February 1980. was scheduled to be executed in Texas on
30 Narch 1988. It was alieged that the jury at this trial had not been
intormed of the fact that Selvage had a history of mental illness dating back
to 1970 and that he was later evaluated as being ‘psychotic.
280. The Special Rapporteur, requesting information on the above—mentioned
case, in particular on his mental state as examined by a psychiatrist.
appealed to the Government, on purely humanitarian grounds, for a stay of
execution until the a1le ations mentioned above had been clarified.
R/a . 4/1909/25
page SS
261. D i i 16 Kay 1988, a reply was received from the Government of the
United States of America, stating that John Selvages execution, scliedu]ed for
30 March 1988, had been postponed by the United States Supreme court pending
consideration of a writ of certiorari . 74ocordirrg to the reply, John Selvage,
who was convicted in 1979 for capital murder and aggravated robbery, was
sentenced to death in 1980 and his sentence was confirmed in 1904 by the
Texas court of Appeal. In 1965, the District Court of the Southern District
of Texas, after initially ordering a stay of execution, had denied
Mr. Selvage's first petition for habeas corpus to overturn his sentence and
the United States Fifth Circuit Court had confirmed that decision in 1967. On
3 March 1988, the District court had temporariLy granted a second writ for a
stay of execution, but the Fifth Circuit Court had reversed that decision on
28 March 388 on the ground that the case on which the District court had -
relied in granting the stay had been dismissed. As stated above, on
29 Match 1988, the United States Supreme Court had granted a stay of execution
pending its decision on whether to accept Mr. Salvage a case on appeal.
282. ncording to the reply, at the tine of his arrest, Selvage was not being
treated for any psychological disorder and his attorneys, after conducting
investigations into Selvage's psychological condition, had not put forward
any defence based on his psychological state or challenged his competence to
stand trial. Mevertheless, in Pebruary 1988, after selvage had for the first
time sought a stay of execution based in part on the issue of his mental
competence, the 230th District court of Karris County, Texas, had ordered a
psychiatrist and a clinical psychologist to conduct thorough psychological
examinations of Selvage and their reports had both concluded that, despite
some evidence of psychosis, Selvage was competent to be executed under
the standards established by the United States Supreme Court in
yord V. tainwright , 477 US 399 91 L.ED.2D 335 106 S.Ct. 2593 19861.
283. Together with the reply, the Special Rapporteur received copies of the
decision by the United States court of Appeals for the Fifth Circuit on
28 March 1969, the decision by the united States Supreme Court in
Ford v. Waiiwright and the reports by Dr. Jo hn I). Nottinghaa, Jr.. a
psychiatrist and Dr. Jerome B. Brown, a clinical psychologist.
Viet 11am
284. On 18 October 1988, a cable was sent to the Government of viet Nail
concerning the alleged iiainent execution of two Buddhist monks and a lay an.
According to information received, Pham Van Thuong, also known as ThiCh Tue By
and Le Manhi OEat, also• known as Thich Tn Sieu, were reportedly sentenced to
death on 8 October 1908 and Tran Van Luong on 22 September 1938 by the
people 's Tribunal in Ho Clii Minh City. It was alleged that the three.
arrested in April 1984 and detained at Phar. pang Lull prison. had suffered
ill—treatment and torture and that the trial as a result of which the three
were sentenced to death had not guaranteed the safeguards designed to protect
the rights of the defendant, including the right to have legal assistance.
205. Tte Special Rappoxteur, expressing his concern at IIe allegation of the
absence of safeguards intended to ensure the basic rights of the defendant,
reqoested infonation on the above—mentioned cases, in particular on the legal
provisions and procedures under which the three eight have been charged arid
tried.
E/CN.4/1989/25
page 56
296. On 5 January 1989, a reply was received from the Governnent of Ytet 11am
stating that Phait Van OEuong, one of the leaders of an anti—State organization
called the rree flet 11am Force and having close ties with another anti—state
organization, had participated In subversive activities with a view to
overthrowing the Government and that Le Manh That had also participated in the
subversive activities of the same anti—State organuations. Mcording to the
reply, the two accused were sentenced to death on 30 September 1988 by the
Court of First Instence in jo Clii Minh City for their attempt to overthrow the
Government, in accordance with article 73 of the Vietnamese Penal Code
Subsequent ly, by a decision of the court of Appeals in jo CbS t4Jnh City on
15 Noveirher 1988, the death Sentences were coesouted to 20 years'
ijoprisorment. With regard to Tran Van buong, it was further stated that,
being one of the leaders of anti—State organizations called the Truong Son
Division 5 and the ‘Popular Front for the Restoration of the Romeland, and
being also Presidente and prime Minister' of the Volunteer Forces for the
Restoration of the Romeland in the Interior of the Country' and the ‘National
League of Resistance for the Restoration of the Homeland of Viet Nan', he had
participated in subversive activities in order to overthrow the Goverraent.
After his arrest on Decejaher 190S and his trial on 23 September l 88 by the
Court of First Instance, he had been sentenced to death in accordance with
article 73 of the Penal Code. lfis case would be reviewed by the Court of
lippeals in no Chi Minh City in due course.
Yemen
287. On 9 November 1980, a letter was sent to the Government of Yemen
transmitting an allegation that, during the past several years, some
aSo persons had allegedly been assassinated.
288. The Special Rapporteur described two examples of such alleged
assassinations as follows:
a) On 28 December 1987, Abdo Saleh ehanem, Mi Sen Mis Shurbani and
Aimed Ben Aimed Chouthabi, said to have been involved with the National
Opposition Front, were assassinated by agents of the security services;
(b) Zn January 1980, Sheikh Mrned Nasser Al—Thahab of the Qaifa region
was assassinated.
209. The Special Rapporteur requested inforeation on the above_nentioned
al leqatioi's and in particular on any investigations of those cases and any
measures taken by the authorities to bring those responsible to justice and
prevent further occurrence of such deaths.
290. At the time of preparation Of the present report no reply had been
received from the Government of Yemen.
E/CM.4/ 1989/25
page 57
Zaire
291. On 28 July 1988, a letter was sent to the Government of Zaire
transmitting the allegation, that on 13 Noveiter 1907, in Beni, three persons,
arrested on their return from a visit to Uganda. were allegedly executed at
Kibwe on the road from Easemire to KaguIT a. The three 4ere said to be
Eita.uriko from Karorona village, Muhindo from Museya village and Viahoereho
from Kilindera village.
292. OEe Special Rapporteur requested information on the alleged 000urrenoe of
summary or arbitrary executions and in particular on any investigations of
those cases. including autopsies, and any measures taken by IIe authorities to
bring those responsible to justice and prevent further occurrence of such
deaths.
293. At the time of preparation of the present report no reply had been
received from the Covernment of Zaire.
Z/ I.4Jl989/25
page 58
III. ANALYSIS OF TUE PUENC4W I
A. Remedial and /or pre ventive neasures for the protection -
of the right to Life: international standards
294. In his last report (B/al. 4/1908/22) the Special Rapporteur described the
background and deve].opoeent of the idea of establishing international standards
designed to prevent the occurrence of suntary or arbitrary executions and to
ensure proper investigations of a ll deaths in suspicious circumstances. Be
also described the efforts and co—operation of various organizations and
groups. He now considers that it has been clearly understood and widely
accepted that there is an urgent need to develop such standards.
295. At its tenth session held in Vienna froe 22 to 31 Aogunt 1988. the
Committee on Crise Prevention and Control, based on Keonomic and Social
Council resoution 19 56/16. section VI. decided to recojinend to the Economic
and Social Council the adoption of draft resolution X, entitled •Effective
prevention and investigat ion of extra—legal arbitrary and suR tary
executions. The text of the draft resolution is found in the report of the
ColTinittee on Crime Prevention and Control (B/flaB/L I; B/AC. 57/1900/17).
296. During the process of preparation for the Connittee's tenth session, the
Special Rapporteur was consulted and close co—operation was maintained between
the Centre for Human Rights and the Crime Prevention and Criminal Justice
Branch of the Centre for Social Development and Humanitarian Affairs.
297. The annex to the draft resolution, which sets out 20 draft principles on
the effective prevention and investigation of extra—legal, arbitrary and
summary executions, consists of three parts on prevention, investigation and
legal proceedings. In the part on prevention, the prohibition of all
extra—Legal, arbitrary and sulemary executions is elaborated in eight
principles, prescribing legal, administrative and organizational measures to
be taken by Covernments. In the part on investigation, nine principles deal
with various elements of a thorough, prompt and impartial investigation.
including an adequate autopsy, as well as related elements, such as the
protection of compLainants, witnesses, investigators and their families and
the publication of the findinqa. OEe remaining three principles, in the part
on legal proceedings are devoted to the bringing to justice of those
identified as having been involved Sn extra—legal, arbitrary and sutnary
executions, the fact that a superior's order nay not be invoked to justify
participation in extra—legal, arbitrary or sunnary executions, the prohibition
of blanket immunity from prosecution for any person allegedly involved in
extra—leqal. arbitrary or sunnary executions, and fair and adequate
compensation to the families and dependants of victims.
2%. The Special Bapporteur was gratified by the outcome of the concerted
efforts made by various organs of the United Nations and other international
organizations. tie is also pleased to see, in the annex to the above—mentioned
draft resolution, all the elements to which he referred in his last report
(E/CN.4/l980/22, para. 194) as a minimum in international standards concerning
summary or arbitrary executions. The principles embodying these elements and
elaborated in the annex to the draft resolution are explained in Sufficient
detail and clarity. The Special Papporteur hopes that the draft resolution
win be unanimously adopted in the forthcoming session of the Economic and
Social Council.
g,'c.. 4/1 989/25
page 59
S. Co-ordination and co—operation of machanisi.s
299. In the preceding paragraphs, the Special Rapporteur referred to the
co—ordinatad efforts and effective co-operation with regard to the
establishment of standards for the prevention of swmaary or atbitrarv
esecutions and for proper investigations into deaths in auspicious
circu.stanees. similar co-ordination and co-operation are yet to be explored
is the followinq IIree areas.
1. Thematic Special Raprorteurs
300. The Special Ilarvorteur has examined the reports subittad: to IIe
Coirnission on lunar Rights in past years by the Special Rapporteur on the
question of torture arid the Worki. Group on Enforced or involuntary
Disappearances and has noted IIst Certain parts of the mandates of the
IIem tic Special Eap orteurs and IIe Working Group overlap, in fact, a
considerable n(nber of cases were concurrently brought II the attention of the
Special Rapporteurs and the Working Group. since they contained elements which
were relevant to all IIree mandates. &, exai le of such cases would he one in
which a person is abducted, tortured in detention and IIen fo's.d dead. IIe
three IIencaena namely, enforced or involuntary disaptearance . torture and
swmaary or arbitrary esecutic.,. being present in one Case.
301. The Special. Rapoorteur would amply like to state at the present stage
that he is willing to explore the possibility of co—operation among the three
thematic mandates. reaching beyond a Sinple e*nhange of information on alleged
cases relevant to the mandates concerned. In this respect • he would welcome
arty Suggestions or proposal..
2. Methods of ilejientatloo
302. As described in chapter I . IIe mandate of the Special Raptorteur has been
irplemented by the tollo.'ing action:
(a) Inquiries concerning allegations of stesmary or arbitrary executions,
which are comni ,icated to the vernaents concerned • requesting inforrration,
in particular on official investigations, trial proceedings, praseoution and
p' ishment of those responsible and measure, taken to prevent sumeary or
arbitrary executions;
(hi Urgent ap ea1s to the vernsents concerned regarding alleged cases
of Ininer't or threatened execution which appear prima facie relevant to his
mandate, appealing to the Government to ensure that the right to life of the
individual is protected and requesting information an the alleged cases and in
certain cases, appealing, on humanitarian grounds, for a Stay of execution,
(C) On—site visits to the ooimtries concerned upon the invitation of the
Government, enabling the Special Rapporteur to inform himself of particular
situations. cases or relevant background material;
(d) Meetings with Government representatives for consultation in.
connection with the alleged sUmmary or arbitrary executions in their country.
E/O4. 4/1989/23
p,qe 60
303. It ts clear that, tn all four types of action ta*en by the Special
Rapporteur. co—operation by the vernoeents concerned is fltal for the
effective impleuentatton of the Special Ra rteflr 5 mandate • To that sad,
the Eoonoaic and Social Council, in paragraph 12 of resolution ]98a/30,
Ur es all oo',ernoents. in particular those that have consistently
not respoaded to cc.numications transmitted to the n, by the Special
Rapporteur, and all oIIers concerned, to CO—Operate with and assist the
Special Rapporteur SO that he hay carry it his Isandate efeectively .
304. in this connection, an examination of the Special. Repporteur seven
reports to the Canaission on Human Rights ives Soh indication of the
aituation . The following table shows the ninber of Covernoents to which
aU.egations of sinmary or arbitrary executions were addressed and fra u which
replies were received eros ' 1982 to 1989.
Wu ber of Governoeents to whkch allegations were addressed
and fros' which reoLies were received
1982<19 89
; ; T Nuaber of Replies
Covernhents received Goveranents received
to whicti letters r to which
cotltain ulbg appeals were
allegations Sent
were sent
E ICN.4/ 1983/13 40 13
5 / .4/lfl4/ 29 10 a' s 9 9
E/CN4/198W 17 24 W 6 2
E/o .4/L9S6 / 7l
Concerning 1984
allegations 16 11
Concerni 1985 .
allegations 16 12 14 .
E ICN.4/l987/20 21 13 11 3
EfOl. 4/198 5/22 25 10 11 4
E/C 1.4/1989/23 36 15 23 S
a' Governments not named in IIe report.
b/ Of whiob 21 Covernj ents were not named in the report.
. l/l'a9/2 5
page 61
305. FurIIermore, the Special appottsur, reviewing his past activities, Would
like to focus on the following two points in order to enhance the effective
implementation of his nandatei
(a pb s possibility of l re on—sits visits should be expLored,
especially to th, countries where serious alLegations of suI ary at arbitrary
executions have been tRade, in order that the Special Rapporteur may better
inform himself of the situation or incidents so as to be better placed to m ae
reco *endst ions;
(b} The possibility of greater co—operation with other international
organizations, whether governmental or non—governmental, should be considered,
for exasple, with a view to making a team of forensic medical experts
available to acc pany and assist the Special Rapporteur during his visits to
countries i x, order to examine allegations of summary or arbitrary executions.
a. visit in situ, advisory services and technical assistance
906. OEe Coimissica on uqimall Rights, in its resolution 1998/54* entitled
a4visory services in the field of his.an rights, requested its special
rapporteurs and representatives, as well as the Working Group on Enforced or
Involuntary Disappearances. to include in their reconuendations, whenever
appropriate, proTtsals for specific projects to be realized under the
programme of advisory servicer pars. 9} .
307. Of those recommendations and proposals which the Special Rapporteur on
summary or arbitrary executions made in his past reports, two are relevant to
the programme of advisory services.
308- II e concerns the Special Rapporteur a proposal of a general nature. In
his last report 1E/CN. 4/1983/22, para. 207 (a) I he recoanended that as a
matter of urgency, training prograsmes shau].d be organized with a view to
training or educating law enforcement officers in hunan rights issues
connected with their Work'. For this purpose he proposed that regional
seminars and workshops should be organized. He has since learned that such
seminars and wrkshops are organized by regional inatitutes in co—operation
with the Crime Prevention and Criminal Justice Hrarieh of the Centre for Social
Development and Itumanitar ian Affairs.
309. OEe other concerns specific countries, namely Uganda (E/CN.4/1987/20,
annex IL) and Surinase (E/CN.4/1988/22, armex) . In both cases, the Special
Rapporteur, after having visited the countries within the context of his
mandate arid infored himself in situ of the situations concerned, identified
the questions and issues involved. The recommendations and proposals lade for
these co zntries were the outcase of his visit in situ .
310. In order to iu 1ement these proposals, co—operation and co—Ordination
between Governments and United Nations offices would be indispensable. The
Special Rap?orteur considers that in certain cases hi . experience in the
specific coentry sight be of s ke help in formulating a project in or for the
country concerned .
E/CN.4/1989/2 5
page 62
TV. CtN USIONS A O SEC lEND TIONS
311. As mentioned in previous reports. hundreds of thousands of people have
died in situations of international and fnteoeal armed conflicts. In 198R,
however, a number of positive initiatives were taken in various international
conflicts leading to the creation of an atmosphere in which situations
conducive to summary or arbitrary executions can be reduced. It is Very much
hoped that these ettorts will give rise to definitive solutions so that
international peace and security can be achieved. It is only in an atmosphere
of peace that human rights, and in particular the right to life, can be
guaranteed and that the national institutions established to protect human
rights and enable persons to enjoy IIem can be strengthened and operate
effectively. Therefore the efforts under way to resolve these conflicts are
to be welcomed.
312. unfortunately, the Initiatives ta]cen in dealing with international
conflict areas have not so far been matched by similar initiatives to resolve
Internal armed conflicts or tensicas. Consequently, thousands of lives still
continue to be lost by civilians in such conflicts. In the period under
review, there has been a lot of indiscriminate killing of unarmed civilians on
the part of governMental forces. OEe groups opposing Governments have also
been guilty or this practice. In fact, in some situations where Governnents
have genuinely tried to address the grievances giving rise to such groups and
have tried to involve all persons in the democratic pr ess, such groups have
tried to sabotage those efforts and in so doing have wantonly killed people.
313. It is a matter of regret that. in some areas where peace negotiations
have ended international armed conflict, reports are emerging which indicate
that the qovernmental instruments of power have turned from the enemy across
the border to civilians within the country, with the result that there has
been a very noticeable increase in summary or arbitrary executions by the
Governments concerned of their own civiLians. In some Cases, according to the
allegations made, persons who had already been tried, without the proper
procedural safeguards, and sentenced to a term of imprisonment have been
ececuted without further due prucess of the law or trial.
314. In the period under review, the Special I apporteur has received more
reports than at any time during the period of his mandate, alleging increased
use of chemical weapons, In at least three areas, there were allegations that
chemical weapons had been used and that they had resulted in thousande of
deaths. In this regard, the Special Rapporteur welcomes the determination of
the international community as reflected in the Final Declaration of the
representatives of States participating in the Conference on the Prohibition
of Chemical Weapons ich Met in Par is from 7 to 11 January 1989 when they
resolved to prevent any recourse to chemical weapons by completely eliminating
them, and solemnly affirmed their commitment not to use chemical weapons and
condemned such use.
315. disturbing feature of the period under review is the increasing number
of allegations which the Special Rapporteur has received to the effect that
thousands of people have lost their lives at the hands of police or other law
enforcement officials in demonstrations. It would appear that the law
enforcement officials did not act with the restraint required in such cases
/CN.4/l9O9/2S
page 63
according to the Code of Conduct for Law nforceiient Officials. The Special
Rapporteur would therefore stronq2y reitnate the recoister,dation he oeade in
his last report that the rinited Nations Ceuitre for Roman Rights should
organhte seminars or workshops for law enforcement officials to train them and
inculcate in them the principle that they should carry m it their work with due
respect for the homen rights of the individual, and to familiarize them with
vazfous international human rights iflstrunents which are directly related to
their work. Tbere is also rooOE for bilateral and aultilateral techijical
assistance in thin regard.
316. One of IIe prcblematic issues that has faced the Special Rapporteur is
how to determine whether a deaII sqoad or an extre.e right— or left—wing
group which is responsibl.e for killing people is acting independently or with
the support, tolerance, connivance or encouragei.ent of the Governaent. In
some cotkntr in it is alleged tiiat, although such groups are ostensibly
independent, they are sponsored by the Government or the Gover.wsent tolerates
them or in fact they include police and ailitary personnel in plain clothes
and under orders Iron their superiors. The Governments have said that such
groups act independentLy of them. The Special Rapporteur would welco.e the
Counission' s views on how to deal with this problem. Whatever the position,
it is the primary duty and responsibility of the Government to ensure that the
right to life is 9uaranteed and protected fro,u anyone who attempts to violate
it -
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