Aadel Collection
Summary or arbitrary executions: Report by Special Rapporteur, Mr. S. Amos Wako, pursuant to Commission on Human Rights resolution 1990/51
UNITED
NATIONS
Economic and Social
cttncil
COMMISSION ON HUMAN RIGHTS
Fourty-seventb session
Agenda item 12
Distr.
GENERAL
‘ /CN.4/1991/36
February 1991
ENGLISH
Original:
ENGLISH /FRENCH!
SPANISH
QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND
FUNDAMENTAL FREEDOMS IN ANY PART OF THE WORLD,
WITH PARTICULAR REFERENCE TO COLONIAL AN]) OTHER
DEPENDENT COUNTRIES AND TERR I TORIES
Summa or arbitrary executions
Repprt by the £ ecia1 Rapporteur . Mr. S. Amos Ma1co ursuant
toCormnission on Human Rights reso lutioaA92Oi5 ] .
E
GE. 91—1O314/2827B
EIcN41l991/36
page ii
CONTENTS
L!aragraphs i ag e
Introduction • .s.......... I — 5
Chapter
I. ACTIVITIES OF ThE SPECIAL RAPPORTEUR 6 — 20
A. Consultations 6
B. Communications .. 7 — 19
C. Joint hearings on southern Africa ............. 20
S ITUATIONS
A. General ... . ..... 21
B. Country situations 22 — 567
Afghani stan
Bangladesh
Brazil
Bulgaria .
Burkina Faso
Cameroon •4
Chad . . .
Chile
China
Colombia ..... ..
El Salvador ..
Ethiopia .....
Ghana
Guate mala .
Haiti
ilonduras
India
Indonesia
Iran (Islamic Republic of)
Iraq
Israel
Malawi
Mali
Mauritania
Mexico
Morocco
• Myansn.ar
• Nepal
Niger
Nigeria
22— 24 4
25— 28 4
29— 63 6
64— 66 14
67— 70 14
71— 74 15
75— 80 15
8 1 16
82— 99 19
100 — 138 22
139 — 149 34
150 — 157 37
158 — 160 39
161 — 193 39
194 — 196 48
197 — 206 49
207 — 215 52
216 — 227 56
228 — 268 60
269 — 289 68
290 — 296 74
297 — 298 76
299 — 301 77
302 — 309 77
310 — 329 79
330 — 331 85
332 — 336 85
337 — 341 86
342 — 346 86
347 — 355 87
II .
1
2
2
2
3
4
4
4
21 — 567
E/CN.4/ 199 1/36
page ii i .
CONTENTS ( continues l)
Chaoter Paragraphs Page
II. . Papua New Guinea 356 —358 89
( cout'd ) . Paraguay 359 — 361 89
• Peru . ... 362 — 390 90
• Philippines 391 — 422 95
• Romania 423 — 431 104
• Senegal 432 — 433 105
• Somalia 434 — 439 106
• South Africa 440 — 464 108
Sri I.anka . ••...• 465 —484 114
• Sudan 485 — 493 121
Suriname 494 — 495 124
Syrian Arab Republic . 496 — 498 124
Tunisia . 499 — 500 125
• Turkey . 501 — 504 125
• Union of Soviet Socialist Republics 505 — 513 128
• United States of America 514 — 520 130
• Venezuela • 521 — 537 131
• Yugoslavia 538 — 564 136
Zaire . 565 — 567 142
I II. LEGAL AND ANALYTICAL FRM4EWOR1( WITHIN WRICIL THE
MANDATE OF THE SPECIAL RAPPORTEUR IS IMPLEMENTED .. 568 — 575 143
IV. CONCLUSIONS AND RECOMMENDATIONS 576 — 599 146
A. Conclusions 576 — 596 146
B. Recoiwnendations 597—599 150
Annex
Basic Principles on the use of force and firearms
by Law Enforcement Officials •..•.••
152
E ION.4/l991/36
page 1
INTRODUCTION
1. The present report is submitted pursuant to Commission on Human Rights
resolution 1990/51. of 6 March 1990 entitled “Suninary or arbitrary
executions”. This is the ninth report of the Special Rapporteur to the
Commission on Human Rights on the subject.
2. In his eight previous reports (E/CN.4/1983/16 and Add.1, E/CN.4/1984/29,
E/CN.4/1985/17, E/CN.4/1986/21, E/CN.4/1987/20, E/ON.4/1988/22 and
Add.l and 2, E/CN4/1989/25 and E/CN.411990/22 and Add.l), the Special
Rapporteur dealt with and examined the various aspects of the phenomenon
of summary executions, including legal and theoretical issues.
3. The present report opens in chapter I with a suninary of the activities
undertaken by the Special Rapporteur over the past year. Chapter II describes
country—specific situations in which the Special Rapporteur has invoked his
mandate: in part B thereof, the Special Rapporteur describes urgent appeals
and other communications transmitted to Governments, together with any replies
or observations received from them. The Special Itapporteur hopes that be has
presented a comprehensive picture of the situation in each country.
4. In chapter III, the Special Rapporteur sets forth the legal and
analytical framework within which he carried out his mandate. Finally, in
chapter IV the Special Rapporteur sets forth his conclusions, highlighting
four issues: (1) death threats, (2) deaths in custody, (3) executions
following inadequate trial or judicial procedures, and (4) extra—legal
executions within the context of situations of internal conflict.
5. Based upon his analysis of the information received, the Special
Rapporteur closes his report with a number of recommendations designed to more
effectively ensure, in future, respect for the international instruments and
standards to which his mandate refers.
E/GN .4/1991 / 36
page 2
1. ACTIVITIES OF THE SPECIAL RAPPORTEUR
A. Consultations
6. The Special Rapporteur visited the Centre for Human Rights,
United Nations Office at Geneva, in July and October/November 1990 for
consultations with the Secretariat and again in January 1991 to finalize
his report.
B. Communications
1. Information received
7. In the course of his present mandate, the Special Rapporteur received
communications containing information concerning summary or arbitrary
executions from Governments, non—governmental organizations and individuals.
The amount of communications has increased every year.
8. Information of a general nature was received from the Governments of
Brunei Darussalam, Colombia, Cuba, China, El Salvador, Kenya , Mauritania,
Myanmar, Pakistan, Roinania, Rwanda Sri Lanka, United Republic of Tanzania and
Yugoslavia.
9. Information of a general nature and/or concerning specific allegations
of summary or arbitrary executions was received from the following
non—governmental organizations in consultative status with the Economic and
Social Council: Amnesty International, Andean Commission of Jurists,
Anti-Apartheid Movement, Arab Lawyers Union, Commission of the Churches on
International Affairs of the World Council of Churches, International
Association of Democratic Lawyers, International Commission of Jurists,
International Commission of Health Professionals, International Committee of
the Red Cross, International Confederation of Free Trade Unions, International
Defence and Aid Fund for South Africa, International Federation of Human
Rights, International Federation Terre des Homes, International League for
Human Rights, International Organization of Journalists, Pax Christi —
International Catholic Peace Movement, Pax Romana — International Catholic
Movement for Intellectual and Cultural Affairs, Regional Council on Human
Rights in Asia, Union of Arab Jurists, Women's International Democratic
Federation.
10. In addition, information concerning alleged cases of simvnary or arbitrary
executions was received from a number of regional, national and local
non—governmental organizations, groups and individuals in various parts of the
world.
2. Allegations of summaryor 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.
12. In reply to the Special Rapporteur's cables and letters, a number of
Governments provided him with information and observations concerning the
allegations. For the sake of the preparation in time of the present report,
the Special Rapporteur was obliged to leave the Government replies which
reached him after 15 January 1991 to his next report.
E/CN.4/l99l/36
page 3
(a) Urgent appeals
13. In response to information containing allegations of imminent or
threatened summary or arbitrary executions which appeared nrima fade relevant
to his mandate, the Special Rapporteur addressed 64 urgent messages by cable
to 25 Governments, appealing for the Government's protection of the right to
life of the individuals concerned and requesting information concerning those
allegations. These Governments are: Afghanistan, Brazil, Bulgaria, China,
Colombia, El Salvador, Ethiopia, Guatemala, Honduras, India, Indonesia, Iran
(Islamic Republic of), Iraq, Israel, Mexico, Nepal, Nigeria, Peru,
Philippines, Roniania, South Africa, Sri Lanka, Sudan, the Union of Soviet
Socialist Republics and the United States of America.
14. Replies were received from the following Governments;
Brazil, China, Colombia, Guatemala, India, Indonesia, Iran (Islamic Republic
of), Iraq, Israel, Mexico, Peru, Philippines, Romania, Sudan and the
United States of America.
15. In addition, replies were received from the following six Governments
concerning the cables sent by the Special Rapporteur during 1989:
Brazil, China, Mexico, Sri Lanka, Sudan and the Union of Soviet Socialist
Republics.
16. These messages and the replies received are summarized in chapter II ;
the full texts are available for consultation in the Secretariat files.
(b) Requests for information concerning alleged summary or arbitrary
executions
17. The Special Rapporteur also sent 61 letters to 45 Governments concerning
alleged s mmiary or arbitrary executions in their countries, as follows:
Bangladesh, Brazil, Burkina Faso, Cameroon, Chad, China, Colombia,
El Salvador, Ethiopia, Ghana, Guatemala, Haiti, Honduras, India, Indonesia,
Iran (Islamic Republic of), Iraq, Israel, Malawi, Mali, Mauritania, Mexico,
Morocco, Myanmar, Nepal, Niger, Nigeria, Papua New Guinea, Paraguay, Peru,
Philippines, Senegal, Somalia, South Africa, Sri Lanka, Sudan, Suriname,
Syria, Tunisia, Turkey, the Union of Soviet Socialist Republics, Venezuela,
Yugoslavia and Zaire.
18. Replies were received from the following Governments:
Bangladesh, Brazil, Burkina Faso, Ethiopia, ilonduras, Indonesia, Iraq, Malawi,
Mauritania, Mexico, Papua New Guinea, Peru, Philippines, Sri Lanka, Turkey,
the Union of Soviet Socialist Republics and Yugoslavia.
19. In addition, replies were received from the following 10 Governments
concerning the allegations transmitted by the Special Rapporteur duriug 1989:
Brazil, Chile, Colombia, Indonesia, Philippines, Sri Lanka, Venezuela and
Yugoslavia.
C. Joint hearings on southern Africa
20. The Special Rapporteur joined the Ad Hoc Working Group of Experts
on southern Africa for hearings held in London, United Kingdom, from 20 to
24 August 1990. The information obtained at the joint hearings is reflected
in chapter II, section B (paragraphs 454ff.).
E/CN.4/ 1991136
page 4
II. SITUATIONS
A. Genera] .
21. The information received by the Special Rapporteur in the course of his
present mandate includes allegations of executions or deaths which may have
taken place in the absence of the safeguards designed to protect the right to
life embodied in various international instruments, such as the International
Covenant on Civil and Political Rights (arts. 4, 6, 7, 9, 14 and 15), the
Standard Minimum Rules for the Treatment of Prisoners, the Code of Conduct for
Law Enforcement Officials, the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, and Safeguards guaranteeing
protection of the rights of those facing the death penalty adopted by the
Economic and Social Council in resolution 1984/50 of 25 May 1984 and the
effective prevention and investigation of extra—legal, arbitrary and sununary
executions, adopted by the Economic and Social Council in resolution 1989165
of 24 May 1989.
B. Country situations
Afghanis tan
22. On 7 May 1990, a cable was sent to the Government of Afghanistan
concerning Seyed Haniza, son of Seyed Mahboob, who had reportedly been
sentenced to death by a Special Revolutionary Court in April/May 1988 for his
alleged involvement in an armed confrontation with the Government. It was
reported that there was no judicial review of sentences passed by the Special
Revolutionary Courts, and concern was expressed that his execution night be
imminent.
23. The Special Rapporteur, referring to articles 6 and 14 of the
International Covenant on Civil and Political Rights to which Afghanistan was
a party and also to safeguards 5 and 6 of the annex to Economic and Social
Council resolution 1984/50 of 25 May 1984 entitled “Safeguards guaranteeing
protection of the rights of those facing the death penalty”, appealed to the
Government to make every effort to guarantee the right to life of Seyed Hamza
and requested information on the above—mentioned case and, in particular, on
the legal proceedings according to which this person bad been sentenced to
death.
24. At the time of preparation of the present report no reply had been
received from the Government of Afghanistan.
Bangladesh
25. On 9 July 1990, a letter was sent to the Government of Bangladesh
transmitting allegations that in 1988 and 1989 a number of persons died in
police custody as a result of torture. It was said to be rare that impartial
investigations were carried out by the authorities and that criminal charges
were brought against security forces personnel.
E/CN.4/1991/36
page 5
26. The Special Rapporteur received information on alleged cases of death in
detention as follows:
(a) Or ' 2 June 1989, in Jessore District, Shahidul Isla m died at the
district hospital shortly after he was admitted to the emergency ward.
Reportedly, Shahidul Islam was arrested from his bone in Bara Bail Danga
village on 31 May 1989 by the Kotwali police, Jessore district and ‘was
tortured at the Kotwali district police station by a police sub—inspector
and other police personnel before being taken to hospital. According to a
post—mortem report, his death was caused by “trauma in different parts of the
body”;
(b) On 7 February 1990, in Jessore District, Wazed All died at Kotwali
police station as a result of torture. According to the official explanation,
he couwnitted suicide while be was in police custody;
(c) In late June 1989, a person named Ofazuddin, from Laduakunda
village, Dhamrai District, was arrested and detained at the Dhamrai police
station where he was tortured by a police sub—inspector during the
interrogation. Ofazuddin died in Ohaka Medical College hospital a month
later. A judicial inquiry was reportedly held on 27 September 1989, but the
outcome was not yet made public;
(d) In June 1989, Khoka Mia, from Mukuddapur village, Kaharol
sub—division, was arrested, together with several others, and detained at
icaharol police station, where he died as a result of torture. It was reported
that eight policemen were charged for assault and murder at the Kabarol
Sub—Divisional Magistrate's Court. The outcome of the trial was not known at
the time of the receipt of the allegations;
(e) On 17 July 1988, in Kushtia, Kusbtia district, Kumaresh Ghosh died
at the Kushtia Sadar Hospital. According to the report received, he was
apprehended and beaten by two policemen and a night watchman on 15 July 1988
while on his way home from a hotel where be had worked and was again beaten
and kicked at the local police station before being taken to the main police
station. The result of the post—mortem conducted on 17 July 1988 was not made
public. According to the police, Kumaresh Ghosh died as a result of heavy
beating by the night watchman, who had absconded.
27. On 16 July 1990, a reply was received from the Government of Bangladesh
to the Special Rapporteur's above—mentioned connunication, stating that the
allegations were baseless. The reply gave the Government's account of each
case as follows:
(a) Sbahidul Isla m: The deceased Shahidul Islam was arrested
on 30 May 1989 in a criminal case for illegal possession of weapons (guns).
During the detention, Shahidu]. Islam told the law—enforcement officials that
he had been suffering from tuberculosis for some time and accordingly was sent
to the hospital in Jessore for medical treatment. Re died in hospital on
2 June. His father and his brother corroborated this fact. The post—mortem
report said “there was no injury or trauma on his body” and the report was
submitted to the judicial magistrate who confirmed the veracity of the
post—mortem report. Though there was no evidence of misbehaviour on the part
of the police officer, Faruqul Islam, he was, transferred from the Kotwali
police station by the police administration;
E/ON.4/1991/36
page 6
(b) Ofazuddin: Ofazuddin was arrested on a charge of murder on
30 June 1989. During the time of his arrest, be tried to escape but the angry
public caught him. As a result of violence Ofazuddin was injured. The police
sub—inspector sent him to the sub—divisional hospital for medical treatment
on 1 July 1989. The medical officer recommended Ofazuddin to be sent to Phaka
Medical College hospital for adequate medical treatment. He was in the
Medical College hospital from 1 July to 17 July. On the submission of a
written application by his father, Ofazuddin was granted bail and released.
He died on 7 August 1989 under the care and attention of his father and close
relations;
(c) Khoka Mia: There was a robbery at the homestead of Mr. Afazuddin
in Mukandapur of Kaharol sub—division. After a lapse of several days, the
police, on secret information, arrested on 6 June 1989 IChoka Mia along with
six others. The police officials were rather rough and manhandled the
accused, including Khoka Mia. Since Khoka Mia was suffering from high blood
pressure, he was not feeling well and was sent to Kaharol hospital for
treatment. On 7 June, he was again transferred to Dinajpur district hospital
for further treatment. Re died on 9 June in the hospital while undergoing
treatment. The incident was reported to the higher police authorities and
they ininediately suspended and released all police officials — five officers
and eight others — from service and constituted a judicial inquiry under
section 176 of the Penal Code. The case is under investigation by the
judicial magistrate;
(d) Wazed Ali: Wazed Ali was arrested on charges of robbery. During
the time of his arrest, the public got very emotional and violence took place
which caused injury to Wazed Ali. Re died a few days after he had been sent
to Jessore hospital for medical treatment;
(e) ICumaresh Ohosh: Kumaresh Ghosh, accused of theft, was caught
on 15 July 1988 by an angry mob. As a result, Mr. Obosh was injured and was
sent to Kusbtia Sadar hospital for treatment on the same day. He died on
17 July 1988 in hospital. The suspected culprit who had injured Mr. Ghosh has
since absconded.
28. It was stated that the above clarifications would clearly show that none
of them died in custody as a result of torture. It was further stated that in
spite of the best intentions and the coninitment of the Government, there were
unavoidable situations which would arise due to the emotions of an angry
public towards offenders, particularly in a developing country, where poverty
often results in social tensions accompanied by violence and
counter—violence. The Government, to the extent possible, would try its best
to spread consciousness about basic human rights and fundamental freedoms
among its citizens, many of whom were illiterate.
Brazil
29. On 23 May 1990, a cable was sent to the Government of Brazil concerning
two priests, working in the south of Pará state, who had allegedly been
threatened with death. According to the information, Fr. Robert Vallecourt,
French parish priest of Nova Maraba, bad been threatened on 30 April 1990 by
the secretary of public works for Maraba municipality that he would be killed
by the end of the year. Fr. Paulo Joanil, another priest and co—ordinator of
the church land commission for Maraba region, had allegedly left the region
E/ON .4/199l136
page 7
temporarily in December 1988 after the assassination of a state deputy in
Path. He had reportedly been under death threats because of his efforts to
bring to trial those responsible for the killing of a 42—year—old nan and his
three—year—old son in a land dispute in Goianesia, Pará, in October 1987. It
was further alleged that many of those appearing on “death lists”, drawn up by
landowners, had subsequently been killed, without the authorities having taken
steps to investigate the death threats or protect those threatened. Many of
these killings were said to have been carried out with the acquiescence of the
local authorities. Recent examples of such killings allegedly included
Altenir Carvalho, aged 31, a trade unionist leader of the Piquia estate,
Maraba, shot dead on 24 March 1990 and a posseido named Domingos shot dead
on the Jandaia Estate, in Curionopolis municipality, in April 1990.
30. In this connection, the Special Rapporteur, having taken note of the
position of the Government of Brazil expressed in its previous conuunications
addressed to him that only those cases in which Government officials were
actually involved were considered as sununary or arbitrary executions,
reiterated his view in this regard that the State has the primary
responsibility to ensure that the right to life of those under its
jurisdiction is protected in every possible manner. Therefore, he appealed
to the Government to take all necessary measures to protect the safety of the
persons concerned, and requested information on the measures taken to protect
the above—mentioned priests and also on the investigation carried out by the
authorities on these cases.
31. On 14 June 1990, another cable was sent to the Government of Brazil
concerning four persons who had allegedly been threatened with death since
March 1990 in Xapuri, Acre state. They were said to be: Ilzamar Mendes and
José Alves Mendes Neto, respectively widow and brother of Francisco Mendes;
Jorge Gomes Pinbeiro, President of Xapuri rural workers trade union; and
Francisco de Assis Monteiro de Oliveira, President of the Xapuri
rubbertappers' co—operative.
32. According to the information, two persons had been indicted for the
murder of Francisco Mendes and were awaiting the jury trial scheduled to
take place in Xapuri in June 1990. Since March 1990 when relatives of the
accused persons had arrived in Zapuri, the number of threats against the
above—mentioned four persons and others, including witnesses and potential
jurors in the trial, had allegedly increased.
33. The Special Rapporteur also referred to information he bad received
regarding trade unionists from several towns in Acre state, including
Brazileia, Xapuri and Rio Branco, who had been threatened with death for the
attempt by the rural workers union to prevent deforestation in areas decreed
to be under special Government protection. The names of nine persons among
those trade unionists who had been threatened with death were transmitted.
34. In this connection, the Special R pporteur, emphasizing the fact that the
State has the primary responsibility to ensure that the right to life of those
under its jurisdiction is protected in every possible manner, therefore
appealed to the Government of Brazil to take all necessary measures to protect
the safety of the persons concerned and requested information on the measures
taken by the Government to protect the above—mentioned persons and also on the
investigation carried out by the competent authorities in this regard.
E/CN4/l991/36
page 8
35. On 6 July 1990, a letter was sent to the Government of Brazil
transmitting the following allegations:
(a) During the past year several persons were killed in incidents
implicating the direct or indirect involvement of the police force. The
following case was reported:
(i) On 14 October 1989, Francisco Ecliodo Bezzera da Silva, aged 24, and
his brother Francisco Rerminio Bezzera, aged 21, rubbertappers in
Manuel Urbano, Acre state, were taken into custody by five police
officers. The two were then taken by the police officers by canoe
down the river Purus. The two men had not been seen since and the
police reportedly gave contradictory explanations, first saying that
the two men had committed suicide by throwing themselves into the
river, and later that the canoe overturned and the two had drowned.
However, witnesses reported that they saw the police rowing
downstream in the canoe claimed to have been lost. Another witness
reportedly saw a body floating in the river. The authorities were
said to have opened civil police and military police inquiries into
the alleged incident and related allegations of ill—treatment by the
police, but the outcome of the inquiries had not been made public;
(b) Several persons were killed or threatened by gunmen hired by
landowners in connivance with the local authorities. No effective measures
were taken by the authorities to protect the life of those under threat or to
arrest the perpetrators, and local police gave support to or tolerated the
activities of groups known as justiceiros to the extent that the groups used
official police vehicles for their operations. Several examples of such cases
were reported as follows:
(i) On 22 April 1990, in Rio Maria, Pare state, four armed men in plain
clothes claiming to belong to federal police abducted three
brothers, Orlando Canuto Pereira, aged 25, José Canuto Oliveira,
aged 27, and Paulo Canuto Oliveira, aged 19. Having been
handcuffed, the three brothers were driven 60 kilometres north
of Rio Maria. The kidnappers then shot at them, injuring
Orlando Canuto Pereira who managed to escape and killing on the spot
José Canuto Oliveira and Paulo Canuto Oliveira whose bodies were
found on 23 April 1990. Prior to the above incident, on
3 April 1990, also in Rio Maria, Pare state, Braz Antonio de
Oliveira and Ronar Rafael Centura were killed in the same manner
after having been kidnapped by gunmen using the same car;
(ii) On 30 April 1990 in Vila Alice in Diadema, a town on the outskirts
of SaS Paulo, Marcello Rosa de Oliveira, aged 17, was stopped by a
group of armed men in civilian clothes and was shot dead along with
his older brother, Marcos Rosa de Oliveira, aged 18. One hour later
the same day and four kilometres away from the place of the above
killings, Alexandre de Oliveira, aged 21, Andre de Oliveira,
aged 18, llarcello Goncalvo de Oliveira, aged 15, Osmar Zago Filho,
aged 15, Emiliano Figuereido de Souza, aged 21, and Edilson dos
Santos were forced by a group of four or five men to lie face down
on the ground and were shot. Five of them were instantly killed and
Edilson dos Santos was badly wounded;
E/CN.4/l991/36
page 9
(iii) On 2 June 1990, in Santa Fe, near Maraba, Path state,
Sebastiao Francisco da Silva, aged 51, leader of the Union of Rural
Workers of Maraba, was shot dead by two men in civilian clothes
outside his home. Ba Silva had played an important part in
defending the rights of a group of 85 peasant families to remain on
the land inside the fazenda Donrada. INCRA, the government land
agency, had granted the families permission to stay on the land in
question. The manager of the fazenda Donrada was taken into custody
by police and questioned about the killing, but the outcome of the
investigation by the local police was not known.
36. On 13 July 1990, another cable was sent to the Government of Brazil
concerning Raimundo Barros de Oliveira, a peasant, and Father Martin Murray,
parish priest of Colinas, who had been threatened with death in Tocantins
state. According to the information, a local landowner accused of having
killed Raimundo Barros de Oliveira 's brother, José, on 2 February 1990, was
alleged to have publicly stated that he would kill the two men. Although the
landowner was said to have confessed to having killed José Barros de Oliveira
and to have threatened other peasants, he had been released from custody and
was reported to move freely about the locality. Father Martin Murray was said
to have been threatened in 1987 by a gunman and a military police sergeant for
the help and advice he had given peasants in regard to a land dispute.
37. The Special Rapporteur added that since April 1990, armed gunmen
allegedly contracted by the above—mentioned landowner had been threatening
members of Raimundo Barros de Oliveira's community in the municipality of
Guarai, in connection with a land dispute which the State appeals court had
ruled in favour of the peasants. Despite complaints to the local authorities
regarding these threats, there appeared to have been no action taken to
prevent further assaults on the peasants.
38. In this connection, the Special Rapporteur appealed to the Government of
Brazil to take all necessary measures to protect the safety of the persons
concerned and requested information on the measures taken by the Government as
well as on the investigation carried out by the competent authorities in this
regard.
39. On 10 August 1990, a cable was sent to the Government of Brazil
concerning Jocimar Borjes Da Silva, aged 18, who had reportedly been arrested
on 20 June 1990 by two officials of the civil police in Ipatinga, State of
Minas Gerais. He had been accused of theft but had denied the charge, as a
result of which he had allegedly been brutally ill—treated. Re had been
released the next day, but the two officials had allegedly been threatening to
kill him since his release.
40. In this connection, the Special Rapporteur appealed to the Government to
take all necessary measures to protect Jocimar Borjes Da Sib-a and requested
any information on the measures taken by the Government to protect the
above—mentioned person and, in particular, on the investigation carried out
by the authorities on this case.
E/ON .411991 / 36
page 10
41. On 5 november 1990, a letter was sent to the Government of Brazil
transmitting the following allegations:
(a) It was reported that a recent study by the Brazilian Institute C r
Social and Economic Analysis revealed that death squads were responsible hr
most of the violent deaths of 457 children or adolescents killed in three
Brazilian cities in 1989. In April 1990 the Rio de Janeiro police department
reportedly admitted that half the city's identified squad members were police
officers. Furthermore, members of the police on duty reportedly shot dead in
a suzinary manner suspected petty criminals, often destitute street children or
adolescents. It was also reported that during the period of 45 days up to
15 June 1990, in the “ABCD” region in Sa Paulo, 37 killings by vigilante
groups, known as justiceiros , were registered. In Recife, in the first three
months of 1990, 144 cases of killings by death squads were reported. The
following examples are illustrative of the allegations received:
(i) On 5 December 1989, • imone Amaral Cerqueira, aged 17, and
Disney Erwin Rodrigue, aged 18, were found dead with signs of
torture on a waste—tip on the outskirts of Nova Friburgo, Rio de
Janeiro state, after having been abducted by five men in
plainclothes, four of whom were later identified aè members of the
military police. Criminal proceedings were reportedly initiated
against two military police officers, but the trial is allegedly
not foreseen before 1991;
(ii) In February 1988, in the shanty town of Corto Oito in
Duque de Caxias, Rio de Janeiro state, two teenage brothers,
Aldenir Calisto Nendes and Magno Fernando Nendes, were abducted from
their home by armed men claiming to be police. They were found shot
dead next morning. It was alleged that the police was reluctant and
slow to act, although their mother contacted the police immediately
after the abduction. Their brother, Evandro Sergio Mendes, aged 19,
allegedly implicated in the shooting of a military police officer,
was shot dead on 2 January 1989;
(iii) On 23 November 1989, in Saô Paulo, Marcelos Domingos de Jesus,
aged 19, was shot dead in the metro by two military police
officers. Although the police reportedly claimed that he had
touched his belt in such a way as reaching for a gun, the boys who
had been with him at the time of the killing claimed that one of the
military police officers entered the metro carriage firing his
revolver and that Narcelos Domingos de Jesus was hit in the head by
a bullet;
(iv) On 22 March 1990, in Sad Paulo, Tchai da Silva Ferreira, aged 14,
was shot in the head when the police fired from an unmarked
police patrol car which had been following the car carrying
Tchai da Silva Ferreira and his friends. He died in hospital
three hours later;
(v) On 25 March 1990, in Rio de Janeiro, Adriana Ceres Zago Buenes,
aged 17, was shot dead by a police officer while she was riding
pillion on a motor cycle. It was reported that when the driver did
not stop at the police officer's signal, the police officer drew his
gun, took aim and fired, hitting Adriana in the back;
El CN .4/1991/36
page 11
(vi) On 25 October 1989, in Belém, Path state, Jeremias de Souza Santos,
aged 17, a mentally retarded deaf—mute, died in hospital after
having been found suffering from convulsions. He had allegedly been
arrested one month earlier by military police in Muané, Path state,
and tortured with electric shocks in the police station for
suspected membership in a youth gang which had been robbing local
shops and businesses;
(vii) In May 1990, in the Greater Sa Paulo area, seven youths were killed
by justiceiros . The seven were named as:
Marcello Rosa de Oliveira, Marcos Rosa de Oliveira,
Alexandre de Oliveira, Andre de Oliveira, Marcello Goncalvo
de Oliveira, Osmar Zago Filho, Emiliano Figueiredo de Souza;
(b) On 25 June 1990, Mario Davis, aged 19, and Dami o Mendes, aged 39,
two Macuxi Indians from Jibóia maloca , in the village of Santa Cruz, Roraima
state, were allegedly killed by two hired gunmen while they were herding
pigs. Before the killing, it was reported that the Macmci coimnunity waned
the authorities that gunmen had been threatening Indians with violence but
that no action had been taken by the authorities. It was alleged that during
the past years Macuxi Indians bad been harrassed, threatened, arrested and
beaten by police and employees of a landowner in the context of land disputes.
42. On 16 November 1990, a cable was sent to the Government of Brazil
concerning Manoel Pereira da Silva, Director of the Rubbertappers,
Smallholders and Rural Workers Union (SINPASA) of Rio Branco and other
rubbertapper leaders in Acre state who bad continuously been receiving death
threats which bad intensified as the trial approached of two men accused of
murdering rubbertapper leader Chico Mendes on 22 December 1988.
43. According to the information received, Manoel Pereira da Silva had been
receiving threats since July 1990 for his leadership role in attempting to
stop deforestation by large ranch owners and lumbermen in and around the
Figueira extractive reserve near Rio Branco. Requests for protection to the
Governor's office and the State Secretary of Public Security were said to
have been denied on the grounds that there was no proof of any crime being
committed. It was also reported that in mid—September, after informing the
federal police of the threats, Manoel Pereira da Silva went into hiding in
Rio Branco.
44. Furthermore, the Special Rapporteur referred to the information he bad
received according to which Wolmer do Nascimiento, Rio co—ordinator of the
Movimiento Nacional Dos Meninos e Meninas da Rua (National Street Children's
Movement), and his two children, Ana Teresa do Nascimiento, aged 2, and
Wolmer do Nascimiento Filbo, aged 3, had received death threats since
October 1990. On 5 November 1990, an unidentified man in plainclothes had
reportedly approached him on Duque de Cazias street and put a gun to his back,
waning him to stop his activities on behalf of street children and to stop
denouncing death—squad killing of minors in the Rio de Janeiro metropolitan
region. It has also been reported that activities of the death squads were
supported or participated in by local police and that local and state
authorities had been slow to investigate or prosecute suspected death squads
crimes.
EfcN.4/l991/3
page 12.
45. In .tis connection, the pecial Rapporteur appealed to the Govan ne”t o
Brazil to take all necessari ieasures to protect the safety of the oe :sono
concerned and requested information on the measures taken by the Gmcen met to
protect th above—mentioned persons as well as on the investigation carri
out by the competent authorities on these cases.
46. On 29 November 1990, further to the above—mentioned cojnmunicati::n,, ‘ot'ier
cable was sent to the Government of Brazil stating that accordin- ‘ ‘-he
information received, as the trial of the accused assassins of rL.bJar'::ap
leader Chico Mendes was scheduled to begin on 12 December 1990, de. ch
threats against rubbertapper leaders in Acre state had intensified.
including those against Osmarino An'ancio Rodrigues, José Pereira da Silva
Abriao dos Santos Cardoso and Amarildo Simedon. In the case of
Osmarino Amancio Rodrigues, president of the Rural Workers Trade liniot. of
Brasileia and secretary of the National Rubbertappers Council, who had been
receiving death threats for more than a year, state authorities had repo:ct-'ily
refused to pay daily costs of police guards assigned to protect hi;.
47. In this connection, the Special Rapporteur reiterated his appeal to
the Government of Brazil to take all necessary measures to protect the
above—mentioned persons and requested information on the measures taken L>y the
Government to protect the persons concerned as well as on the investigatIon
carried out by the authorities on these cases.
48. On 8 January 1990, a reply was received from the Government of Brt z:1
to the Special Rapporteur's letter of 30 October 1989 (see E/ON.4/l990/2
paras. 43 to 46) on the cases concerned.
49. According to the reply, those allegations continue to be under the
consideration of the competent Brazilian authorities. The reply reitera -
the Government's understanding that, notwithstanding the truth of the
allegations and without prejudic e to the findings of the Brazilian
authorities, it considered as an alleged summary or arbitrary execution .ij
those cases in which there was actual involvement of a Government off icic '..
50. On 22 August 1990, a reply was received from the Government of Brazil to
the Special Rapporteur's cable of 13 July 990, stating that with regard to
the situation of Mr. Raimundo Barros de Ol:tveira and Father Martin Murray,,
both of whose lives had allegedly been threatened in the town of Guarai, state
of Tocantins, the Minister of Justice had ‘ ent a communication to the
Secretary for Public Security of the State of Tocantins calling for the
immediate adoption of measures to eii ure the protection of the life amt
physical integrity of the two individuals.
51. On 8 November 1990, a repl -“as rece:ived from the Government of
to the Special R pporteic's let.;ec o' 5 November 1990 stating that it
transmitted had been brought to the attention of Brazilian authoritien
52. With regard to the case ot 4 lone Csrqueira Amaral, aged 1.7, the rep ;
stated that the four n1: 1l .:ac y p t. e invoLved in her killing were brought
individually to trial and two were sentenced to three and a half years' and
:wo and a halt years imp:isonment.
E/CN.4/199 1/36
page 13
53. On 28 November a further reply was received from the Government of Brazil
to the Special Rapporteur's letter of 5 November 1990 and his cable of
16 November 1990, referring particularly to cases of killing of minors or
those working for their protection. The letter stated that in the case of
Wolmer do Nascimento, co—ordinator of the Movimiento Nacional dos Meninos e
Meninas da Rua (National Street Children's Movement) and his family, the
Ministry of Justice and the authorities of the State of Rio de Janeiro were
requested to provide protection for Mr. Nascimento and his family.
54. It was also stated that following an extraordinary session of the
Brazilian Council for the Defence of the Rights of the Human Person (CDDPH)
on 21 November 1990, a comission was set up, entrusted with studying and
proposing within 30 days ways to better integrate and co—ordinate activities
of official governmental bodies and non—governmental entities with a view to
adopting concrete measures to combat violence against Brazilian minors.
55. On 29 November 1990, a reply was received from the Government of Brazil
to the Special Rapporteur's cable of 16 November 1990 regarding alleged
death threats received by members of the Rubbertapper's Union of Rio Branco,
Acre state, Manoel Pereira da Silva, Osmarino Amancio Rodrigues,
José Pereira da Silva, Abriao dos Santos Cardoso and Amarildo Simedon. It was
stated that the Minister of External Relations had requested the Ministry of
Justice to provide information and to take all necessary action by the Federal
Government to ensure their protection.
56. On 7 December 1990, a reply was received front the Government of Brazil to
the Special Rapporteur's cables of 16 and 29 November 1990, in addition to the
information transmitted by the Government, stating that the Ministry of
Justice had asked competent authorities in the State of Acre to provide
information on the steps taken to ensure the physical integrity of the members
of the rubbertappers union allegedly under threat of death and to take the
necessary measures to provide protection.
57. On the same day, a further reply was received from the Government of
Brazil to the Special Rapporteur's letter of 5 November 1990 transmitting
information on two of the cases communicated in that letter.
58. According to the reply, the Council for the Defence of the Rights of the
Human Person (CDDPH) had made inquiries into all the cases and at the same
time had requested state Governors and other authorities to provide
information on any investigations made at the state level into these cases.
59. With regard to the case of Jeremias de Souza Santos, the Secretary of
Public Security of Pará state reported that investigations conducted by the
Path State Civil Police had proven the allegations of death as a result of
torture by military police in Muané, Path state, to be groundless.
60. As regards the cases of Mario Davis and DamiTo Mendes, indigenous people
of the Macmci from Jiboira, Roraima state, it was stated that the Fundacro
Nacional do Indio — FUNAI (National Foundation for the Indian) had confirmed
the allegations and that the case was under investigation by the Federal
Police.
E/CN..4/l99l/36
page 1.4
61. On 12 December 1990, another reply was received from the Government of
Brazil to the Special Rapporteur's cable of 29 November 1990 transmitting
information regarding efforts made by the Acre state authorities to protect
the life of Osmarino Amancio Rodrigues, Secretary of the National
Rubbertappers Council.
62. It was stated that authorities of Brasiléia had requested Mr. Rodrigues
to hold talks on measures to protect his life, but that be had left the region
without informing the authorities. Police were instructed to look for hin
with a view to reaching with him an understanding regarding his security.
63. It was also stated that the Ministry of Justice again requested Acre
state authorities to take all necessary steps to protect Mr. Rodrigues.
Bulgaria
64. On 16 March 1990, the Special Rapporteur sent a cable to the Government
of Bulgaria concerning persons named Elm Madzharov, Aitsek Chakarov and
Sava Georgiev who had reportedly been sentenced to death on 25 April 1988 by
the Supreme Court of Bulgaria for their involvement in bomb explosions in 1984
and 1985 which resulted in the death of eight persons, and who had allegedly
not been allowed to appeal to a higher tribunal against their conviction or
sentences.
65. The Special Rapporteur, having received new information that the three
above—mentioned persons might be facing inininent execution, referred to his
previous cable of Ii Nay 1988 concerning the above—mentioned persons and
expressed his concern for their life and appealed to the Government to take
all possible measures to ensure that their right to life was protected. He
also referred to the international Covenant on Civil and Political Rights to
which Bulgaria was a party, in particular article 14, paragraph S of the
covenant providing that “Everyone convicted of a crime shall have the right to
his conviction and sentence being reviewed by a higher tribunal according to
law”, and requested any information on those cases.
66. At the time of preparation of the present report, no reply had been
received from the Government of Bulgaria.
Eurkina Paso
67. On 11 July 1990, a letter was sent to the Government of Burkina Paso
transmitting allegations that following a coup attempt on 18 September 1989,
four persons accused of being the leaders of the coup plot were summarily
executed. The four were named as follows: Commander Jean—Baptiste Lingani,
Minister for Popular Defence and Security and First Vice—President of the
Popular Front, Captain Henri Zongo, Captain Koundaba, Chief of the Military
Transmission Service, and Sergeant Gningni, aide—de—camp of Commander Lingani.
68. On 5 November 1990, another letter was sent to the Government of
Burkina Paso transmitting allegations that in early January 1990,
Guillaume Sessouma, a teacher at the University of Ouagadougou and director
of the Institut du Développement Rural in Burkina Paso, died as a result of
torture in unacknowledged detention after having been arrested on
21 December 1989. Guillaume Sessouma was reportedly among a group of
31 people arrested in December 1989 in connection with an alleged conspiracy
EIcN.4/l99l/36
page 15
against the Government. Although the Government reportedly claimed that four,
including Guillaume Sessouma, had escaped from detention, unofficial reports
claimed that Sessouma's body was not taken by security officials to a hospital
in Ouagadougou in early January 1990, but taken away to the Conseil de
l'Entente building in the capital.
69. On 19 December 1990, a reply was received from the Government of
Burkina Faso to the Special Rapporteur's letter of Il July 1990, stating
that the aim of those who had undertaken the coup on 18 September 1989 was
to overturn the national consensus that had been established since
15 October 1987 and to obstruct the constitutional order of the country. It
was also stated that Commander Lingani and Captain Henri Zongo, instead of
expressing their dissenting views, bad resorted to a military operation which
was unsuccessful.
70. It was further stated that in so far as the army was concerned, a
competent court martial was seized with the case and that the court martial
had made a judgement and delivered the sentences, which were eventually
executed.
Cameroon
71. On 26 July 1990, a letter was sent to the Government of Cameroon
transmitting allegations that in previous years, several prisoners bad died
due to harsh conditions in the central prison of Yaoundé, such as malnutrition
and denial of medical treatment.
72. The Special Rapporteur referred to the information received according to
which in December 1989, Captain Madam Dogo Aboubakar and Adjutant Pagoré, both
imprisoned in connection with a cuu p attempt in 1984, had died in Nkondengui
prison after ill—treatment and subsequent denial of medical treatment. Their
bodies allegedly were not returned to their families.
73. Furthermore, the Special Rapporteur transmitted allegations that three
persons, Ryacinthe Rhode, Raymond Menga and Didier Onana, were sentenced to
death by the Military Court for attempted murder and aggravated theft. The
date of their conviction was said to be unknown. The military courts did not
recognize the right to appeal to a higher tribunal.
74. At the time of preparation of the present report, no reply had been
received from the Government of Cameroon,
Chad
75. On 26 July 1990, a letter was sent to the Government of Chad transmitting
allegations that during the past eight years, a considerable number of
prisoners, who had been accused of opposing the Government, died in custody as
a result of torture, malnutrition or lack of hygiene and medical attention or
were executed secretly without any legal proceedings.
16. The Special Rapporteur gave reported cases as follows:
(a) Saleh Gaza, a journalist, who was arrested in June 1987 and detained
at the camp des martys , died in early 1988 in custody at another location as
a result of ill—treatment;
E/CN.4/l991 1 36
page 16
(b) Asseila Ibrahim died in November 1988 due to a miscarriage which was
said to be the consequence of torture inflicted upon her during detention at
the Direction de is Documentation et de la sécurité (DOS) in N'Djamena;
(c) Bichara Chalbo, former Deputy Director of the DDS, who had fled the
country in late 1986, was executed without trial in September 1988, 10 days
after he was forcibly repatriated from Togo.
77. In addition it was alleged that following an attempted coup by Za ç1cLawa
army officers in April 1989, Zaghawa villagers were sunmiarily killed by
Government troops during military operations in the north—eastern part of the
country. It was further alleged that 100 members of the Zaghawa comunity
were arrested during these operations and that a number of persons were
executed secretly and without any legal proceedings, shortly after their
arrest.
78. Furthermore, in the same north—eastern part of the country where armed
opposition groups belonging to the Front Fatriotique du Salut d i i Tchad (FPST)
were active, in particular since October 1989, both civilians and Government
soldiers were reportedly killed in March and April 1990 by Government forces
in the border areas close to Sudan.
79. The Special Rapporteur described the following incidents:
(a) On 27 March 1990, when Government forces recaptured the towns of
Bahal and Tine front the rebel forces, many of the several hundred soldiers,
who had been captured and left behind when the rebel forces retreated, were
executed by Government forces, because of their alleged surrender without
fighting;
(b) On 29 March 1990, in the town of Kouttoum in Sudan, Government
forces executed seven injured men, suspected members of the rebel forces,
in the courtyard of the hospital where the seven had been treated;
(c) On about 6 April 1990, in the town of Iriba, some 24 civilians were
suanarily executed after Government forces recaptured the town from the rebel
forces. Those killed included Take Hissein and Noura Markoli, two
sisters—in—law of Idriss Déby , the FPST's leader; Taille Djamous and
Fatizni Baroun, the sister and niece of Hassan Djamous, a Zaghawa leader
killed in April 1989; Mabamat Haroun Issa and Hissein Zakaria.
80. At the time of preparation of the present report, no reply had been
received from the Government of Chad.
Chile
81. On 28 February 1990, a reply was received from the Government of Chile
to the Special Rapporteur's letters of 2k July and 30 October 1989 (see
respectively E/CN.4/l990/22, paras. 76 and 77) transmitting the following
information on the cases submitted:
(a) Antonio Oviedo Sandoval Cares: At approximately 9.00 p.m. on
30 August 1988, at the corner of Avenida Santa Rosa and Venancio Leiva Street ,
unidentified passengers in a bus shot at a group of persons gathered around a
E/CN.4/1991/36
page 17
barricade and a bonfire at the junction. One of the shots hit Antonio Oviedo
Sandoval Cares in the head. He was taken to S6tero del Rio hospital where he
died at 9 a.m. on 31 August. In view of the circumstances, the forty—first
‘ t ta Pintaja” carabineroa station filed a report on the incident with the
eleventh criminal court in San Miguel, and carried out investigations. As a
result, the driver of the bus from which the shots which killed Sandoval Cares
were fired, was placed at the disposal of the above court. It had not so far
been possible to identify the persons who fired the shots. Consequently, the
version received by the Special Rapporteur did not correspond to the actual
facts of the case, as no police personnel were present at the scene of the
incident;
(b) Enrique Abelardo Moraga Maoz: At approximately 4.30 a.m. on
10 December 1988, a corporal of the Directorate—General of carahineros was the
victim of a theft connitted by Mariano Antonio Espinoza Nüfiez, who snatched
his wristwatch from his left hand. The corporal fired two shots into the air
in order to stop the thief and managed to detain him. The detainee shouted
for help and a group of persons came out of a nearby house and attacked the
police officer, who identified himself as a carabinero and fired further
shots into the air in a vain attempt to deter his aggressors. In view of
the immediate physical threat he again fired in self—defence and hit
Enrique Abelardo Moraga M(áioz, who died on the spot. The circumstances of
Mr. Moraga Máñoz's death were being investigated by the eighteenth criminal
court; the case was at the pre—trial stage;
(c) Jaime Quilén Cabezas: On 29 December 1988, three carabineros went
to the Estrella de Chile settlement, Pudahuel municipality, in response to a
radio message from the local police station. On arrival they found the corpse
of Jaime Antonio Quilán Cabezas, who had died from a wound in his back, caused
by a bullet which had lodged in his body. The identity of the person who
fired the shot is unknown. Carabineros were not present when the incident
took place, as alleged in the Special Rapporteur's letter;
(d) Guillermo Eugenio Rodriguez Solis: On 20 December 1988 an armed
skirmish took place in front of No. 369 Manuel Rodriguez Street in Santiago
between two groups of persons, one of which included Rodriguez Solis, who died
from gunshot wounds in his thorax and abdomen. When the carabineros were
informed of the incident, they imediately reported it to the second military
court in Santiago on the same date;
(e) Jorge 0erm n Maldonado Velázquez: On 20 January 1989 two
carabineros from the Pablo Silva Pizarro local police station were patrolling
in the Nuevo Amanecer settlement, where tension was particularly high, when
they came upon a group of persons who started to throw stones at them, while
simultaneously fleeing from the spot. The carabineros gave chase but were not
able to apprehend them. Subsequently, on the orders of the unit covering the
sector, the carabineros went to a home where they found Jorge Cermén Maldonado
Velázquez, suffering from a bullet wound. Mr. Maldonado VelAsquez died while
being taken to hospital. This incident led to a complaint being lodged with
Santiago Military Court alleging that the two carabineros employed unnecessary
violence. However, it has been established that at no time did they use their
firearms, although it had so far not been possible to identify the person
responsible for the crime. The carabinezos in question made statements in
connection with the proceedings before the fourth military prosecutor's
department, and no evidence had been found to implicate them;
E/GN.4/199l/36
page 18
(f) .Jecar Negbme: At 9.40 p.m. on 4 September 1989 personnel from
RP—466 (radio patrol car), under the orders of a sergeant of the No. 30 radio
patrol station went to investigate gunshots in the block between Bulnes Street
and Alameda Bernardo O'lliggins. They found a person lying on his back on the
pavement. An identity card showing the name of Jecar Antonio Neghme Cristi
was found on the corpse. There were 18 gunshot wounds in different parts of
the body, and according to information provided by the murder squad of the
Chilean Police Department, 12 of the gunshot wounds had been made by
7.65—nun bullets and the remainder were exit holes made by the same bullets,
which had been the cause of death. Pamphlets bearing the inscription
“ Par traici6n a la lucha revolucionaria v al ouehlo amarillo burgués ” (For
betraying the revolutionary struggle and the yellow bourgeois people), were
found next to the corpse, whose clothes contained several documents notifying
the victim of meetings of his political group. Accordingly, the 3rd central
police station reported the murder by shooting to the 4th criminal court in
Santiago which was investigating the case. The radio patrol officers who vent
to the scene of the crime only reported the death of Negbme Cristi and the
fact that the scene of the crime was deserted , Consequently, the carabineros
had no evidence that the “surrounding buildings were under the control of
armed men in civilian clothing”, as alleged in the letter sent by the Special
Rapporteur;
(g) Salvador Fidel Cautivo Ahuznada: At approximately 10.20 p.m
on 31 December 1988, carabineros personnel went to the Tucapel roundabout in
Arica, where a group of 10 individuals were painting Connunist Party slogans.
When they arrived the persons in question fled, while another unidentified
group of individuals opened fire on the policemen from the upper part of
the roundabout. The carabineros returned fire with their own weapons in
self—defence, and shot at their aggressors although they failed to hit them.
As a result of this incident, a sergeant of the 3rd Arica carabineros station
suffered serious gunshot wounds. Subsequently, the 22—year—old sister of
Salvador Fidel Cautivo Ahumada, 26 years of age, brought him to the local
emergency unit. Mr. Salvador Fidel's chest had been pierced by a gunshot
wound from which he died in hospital. It was ascertained that Salvador Fidel
and his two sisters had been painting the slogans mentioned above when,
according to their own statements, shots were fired at them as they fled from
the carabineros , from a coffee—coloured Sports Wagon pickup, which was passing
by. The brother was hit by one of the shots;
(h) Edison Freddy Palma Coronado: This person died at approximately
8.30 p.m. on 30 August 1988 on Avenue Grecia at the Ictinos intersection,
during a street demonstration, as a result of gunshots fired by unidentified
civilians from a private vehicle. The complaint filed with the 4th military
prosecutor's department was lodged against persons responsible, and no
accusation has been made against the carabineros in connection with the
crime. The incident was connected with an attempt by a crowd to storm a
local house, and when carahineras arrived at the scene they merely took down
a complaint that a person had been killed as a result of the incident.
Consequently, the allegation made in the Special kapporteur's letter that the
person in question “was mortally wounded by a police off icer”, is not a true
reflection of the facts.
E/cN.4/1991/36
page 19
China
82. On 27 February 1990, the Special Rapporteur sent a cable to the
Government of China referring to his cable of 10 June 1988 (see
E/Q4.4/1990/22, paras. 68 and 69) and to his letter of 26 April 1989 (see
E/CN.4/1990/22, paras. 83 and 84), in which he mentioned the case of a person
named Lobsang Tenzin, who had reportedly been arrested in connection with the
killing of a Chinese policeman during the demonstration on 5 March 1988, and
who was said to have been sentenced to death on 19 January 1989, with
suspension of execution for two years.
83. As the two—year period of suspension ended on 5 March 1990, two years
after his alleged crime, the Special Rapporteur received expressions of
concern that Lobsang Tenzin might be facing imminent execution. He also
reiterated his previous appeal to the Government to take all measures to
protect the right to life of Lobsang Tenzin, in view of the allegation that
before and during the trial the defendant had not been provided with the
safeguards intended to ensure the rights of the defendant including the right
to be presumed innocent until proved guilty, the right to a fair and public
trial by an independent and impartial tribunal, the right to have adequate
time and facilities for the preparation of his defence and the right to
examine or have examined the witnesses against him.
84. On 28 May 1990, another cable was sent to the Government of China
concerning three Tibetans named Migmar Tashi, Dama and Dhundup Tsering who
according to an official announcement on 18 May 1990, had been sentenced to
death on 17 May 1990 by the Lhasa City Intermediate People's Court for
“organizing a prison escape scheme in a planned way”. It was also reported
that while the death sentence on Dhundup Tsering had been suspended for
two years, the death sentences on the other two had been to be executed
immediately, and that articles 96 and 103 of the Chinese criminal code
provided that those who conmiit the counter—revolutionary offence of organizing
a jailbreak may be sentenced to death when the harm to the State was
especially serious and the circumstances especially odious.
85. According to the allegations received by the Special Rapporteur, the
proceedings in the court had not guaranteed the rights of the defendants
as provided for in article 14 of the International Covenant on Civil and
Political Rights, although the Chinese criminal procedure might have been
strictly followed. These rights included: the right to a fair and public
hearing by a competent, independent and impartial tribunal established by law,
the right to legal counsel, the right to examine, or have examined, the
witness against him and to obtain the attendance and examination of witnesses
on his behalf under the same conditions as witnesses against him, the right
not to be compelled to testify against himself or to confess guilt, and the
right to his conviction and sentence being reviewed by a higher tribunal
according to law.
86. In this connection, the Special Rapporteur, having received expressions
of concern about the fate of the above—mentioned two persons, requested
information concerning the two and in particular regarding the trial
proceedings by which the three Tibetans might have been sentenced to death.
87. On 1 November 1990, a letter was sent to the Government of China
transmitting the allegations contained in the following paragraphs.
E/CN.4/1991/36
page 20
88. On the basis of Chinese media reports it was alleged that over 720 death
sentences were imposed between January and August 1990 and in 650 cases stay
of execution was not granted. A total of 350 death sentences without stay of
execution were reportedly given in June and July shortly after the start of an
anti—crime campaign. Over 270 executions were reported to have been carried
out 4 Official statistics on the death penalty and the exact number of
executions reportedly have not been made public. Some of those sentenced to
death were said to have been paraded around cities in the back of trucks. In
this connection reference was made to a Circular of 24 July 1984 of the
Supreme People's Court entitled “On the Strict Interdiction to Parade in the
Streets When Carrying Out Death Sentences”. It was also reported that death
sentences were announced at mass rallies and that the convicted persons were
often executed iimnediately afterwards.
89. According to some reports, the criminal code provides for the death
penalty. for 38 offences, including those which do not necessarily involve the
use of violence, such as smuggling, theft and embezzlement, In July 1990, new
regulations reportedly added as capital offences the production, distribution,
smuggling or selling of “obscene products” in quantity.
90. It was alleged that the judicial procedure did not ensure the guarantees
for a fair trial and the protection of the rights of the defendant. This was
said to include the practice known as “verdict first, trial second' t which
consisted in “adjudication committees”, set up in each court to supervise
judicial work, examining cases and taking a “decision” before a formal trial
was held. The adjudication connittees were reportedly made up of judicial
officials and Party members. The principle of the presumption of innocence
as provided for in article 14 of the International Covenant on Civil and
Political Rights allegedly was not ensured in this practice. In addition,
political considerations were reported to have interfered in the activities of
courts which were said to have little discretion in deciding on punishment,
once charges against a defendant are formulated. Reference was made, by way
of xanple, to a sentencing guideline in robbery cases, issued by central
institutions including the Supreme People's Court and the Supreme People's
Procuratorate, making the death penalty mandatory, whereas under the
Criminal Law, the death penalty is not a mandatory punishment.
91. It was further alleged that defence lawyers were not made available in
the majority of criminal cases and that in death penalty cases, lawyers were
constrained by the strict time limit set under the 1983 decision amending the
Criminal Procedure Law, concerning the delivery of the bill of prosecution,
surmuons and notices and also for appeals against a judgement. In practice,
lawyers reportedly had no more than one or two days to study the details of a
case and to meet the defendant. The lack of independent status of lawyers was
allegedly also a factor contributing to the lack of fair trial proceediqgs;
92. Further to the Special Rapporteur's letter of 26 April 1989 and its annex
containing a summary of allegations concerning the incidents in March 1989 in
Lhasa, Tibet Autonomous Region, additional information was received concerning
the same incident. According to the information, a report of 11 March 1990
from the Public Security Bureau and the Tibet Military District Command to the
Autonomous Party Committee indicated that over 450 Tibetans were killed as
of 10 March, the majority of them as a result of bullet wounds. It was
alleged that the authorities deliberately created conditions conducive to the
E/cN.4/1991/36
page 21
punitive exercise of armed force by the security forces, in particular by the
People's Armed Police, that on the morning of 5 March 1989, the Armed Police
were instructed to arrange for agitators to burn down named buildings and that
on the morning of 6 March, the Armed Police were instructed to kill anyone
resisting arrest without further consideration.
93. On 16 January 1990, a reply was received from the Government of China
to the Special Rapporteur's cable of 2 November 1989 (see E/cJN.4/l990/22,
paras. 98 and 99) stating that the Decision regarding the procedure for prompt
adjudication of cases involving criminals who seriously endanger public
security, a law passed at the second meeting of the Standing Committee of the
Sixth National People's Congress of the People's Republic of China on
2 September 1983, was a supplement to the Criminal Procedure Law. It provided
that in cases of criminals who cause explosions or commit murder, rape,
robbery or other crimes seriously endangering public security and who are
punishable by death, where the main facts of the crimes are clear, the
evidence is conclusive and the popular indignation is exceedingly great, the
restrictions provided in article 110 of the Criminal Procedure Law regarding
the time limit for the delivery of a copy of the bill of prosecution and the
time limit for the delivery of the summons and notices may b! overstepped, and
that the time limit for an appeal or a protest against a judgement shall be
changed to 3 days from 10 days. It was also stated that it was so decided
because the main facts of the crimes committed by the aforementioned criminals
could be easily and quickly verified and ascertained and some criminals were
caught red—handed, hence the unlikelihood of misjudgement; it was therefore
possible to have such cases tried promptly. According to the reply, this
procedure was not applicable to cases which are complicated and where the main
facts of the crimes are not yet entirely clear. It was stated that criminal
cases, other than those provided for by the Decision, were still to be handled
in line with the procedure stipulated in the Criminal Procedure Law and that
while shortening the time—limit for the delivery of the bill of prosecution,
suimnons and notices as well as the time limit for appeal and protest, the
Decision by no means deprived the defendants of their rights to defence,
appeal and all other rights of litigation which they would enjoy according to
law during the criminal proceedings.
94. It was further stated that in mid—June last year, in handling the two
vicious cases which took place in Beijing and Shanghai, the Procedure of
Prompt Adjudication was adopted, because the accused in both cases had
committed crimes in broad daylight and also because their crimes were serious
and evidence was conclusive, that the adjudication of the two cases was in
full conformity with the laws in China, and that the legal procedure was
strictly followed. It concluded that the problem of “interference from
political bodies” simply did not arise.
95. On 17 January 1990, another reply was received from the Government of
China concerning the unrest in March 1989 in Lhasa, Tibet Autonomous Region,
stating that the aim of the rioters was to use violent means to break up China
and to destroy its ethnic harmony. It was also stated that after quelling the
riot, the judicial authorities of Tibet arrested and brought to trial some
400 people, that over 300 were released after re—education and that
63 criminal elements were given sentences. However, according to the letter,
not one was executed and the claim that some Tibetans were summarily executed
for taking part in political activities was absolutely groundless.
E/CN .4/l991136
page 22
96. On 20 March 1990, a reply was received from the Government of China
to the Special Rapporteur's cable of 27 February 1990, stating that
Lobsang Tenzin who participated in the Lhasa riot on 5 March 1988 was the
chief murderer of Tibetan policeman Yuan Shisheng and was thus sentenced to
death with a two—year reprieve by the Lhasa People's Court of the Tibetan
Autonomous Region on 19 January 1989 and that the trial was carried out
strictly according to the judicial procedure of the country. It was stated
that the allegation that Lobsang Tenzin might be facing irinent execution was
groundless.
97. On 1 August 1990, a reply was received from the Government of China to
the Special Rapporteu.r's cable of 28 May 1990, stating that Migmar Tasbi and
Pasta were sentenced to death with a two—year suspension of execution for
intentional homicide in August 1987 and April 1988 respectively by the
Intermediate People's Court of the Lhasa Municipality of the Tibet Autonomous
Region, that Dhundup Tsering was sentenced to death for rape and homicide in
September 1983 by the Intermediate People's Court of the Lhasa Municipality
of the Tibet Autonomous Region, and was later resentenced to death with a
two—year reprieve and that in January 1986, his sentence was changed to life
imprisonment according to a criminal judgement by the Higher People's Court of
the Tibet Autonomous Region.
98. It was stated that while serving prison terms for suspension of execution
or life imprisonment, Migmar Tashi, Dams and Dbundup Tsering, in collusion
with other criminals, organized clandestine jailbreaks on a number of
occasions, that following trials by the Higher People's Court of the Tibet
Autonomous Region, a criminal judgement was made on 7 May 1990 in accordance
with the provisions of article 46 of the Chinese Criminal Procedure Law and
paragraph 2, article 153 of the Chinese Criminal Procedure Law, and that
Migmar Tasbi and Dama were executed. It was also stated that according to the
provisions of articles 23, 53, 63, 96 and 103, the Intermediate People's Court
of Lhasa municipality of the Tibet Autonomous Region sentenced Ohundup Tsering
to death with a two—year suspension of execution for connitting the crime of
organizing jailbreaks on 14 May 1990.
99. It was stated that China had not yet acceded to the International
Covenant on Civil and Political Rights and was not bound by the provisions
of the Covenant. However, according to the reply, the rights of criminal
defendants under the Covenant are fully embodied in China's criminal law and
criminal procedure law and related laws. It was stated that the trials of the
above—mentioned three cases were conducted strictly in accordance with the
procedure process as provided in the Chinese criminal law and criminal
procedure law, fully ensuring the rights of procedure of the defendants.
Colombia
100. On 1 March 1990, the Special Rapporteur sent a cable to the Government of
Colombia concerning death threats against Father Guillermo Correa, a priest at
El Charco, Nariflo department, and leader of the local civic movement, and the
journalist Jim Preston, also a leader of the movement, secretary of the
Buenaventura Human Rights Committee and candidate in the March 1990 municipal
elections, whose names were reported to have appeared in a list of persons to
be murdered in mid—February 1990. According to the information, in the
preceding few months, several members of the civic movement had been
threatened and one of them, Segundo Olaya, was murdered on 16 February 1990.
E/CN.4/1991/36
page 23
101. The Special Rapporteur appealed to the Government to take all measures at
its disposal both to protect the lives of the above—mentioned persons and to
ensure that the killing was investigated, and requested information in that
regard.
102. On 26 March 1990, another cable was sent to the Government of
Colombia concerning the allegation of the murder by hired killers of
Dr. Jaramillo Ossa, Patriotic Union Senator and candidate for the office of
President of the Republic, and of about 70 members of this Party during the
first three months of 1990. According to the information, in the case of
Dr. Jaramillo, the hired killers had entered the airport in bogoté carrying
weapons, despite the searches to which passengers had been subjected by the
security forces.
103. In his cable, the Special Rapporteur also referred to the information
that over 1,000 members of the Patriotic Union had been killed since its
establishment.
104. In this connection, the Special Rapporteur appealed to the Government to
make every possible effort to protect the life of the members of this Party,
and asked for any information on the investigations into the case of
Dr. Jaramillo.
105. On 29 March 1990, another cable was sent to the Government of Colombia
concerning death threats against Jorge Alberto Restrepo Perez, Mayor of
Segovia, Antioquia, and the other inhabitants of this town , According to the
information, on 28 February 1990, municipal employees had caught a person in
civilian clothes as he had been writing out one of these death threats. lie
had also been carrying documents which bad identified him as a soldier in the
Bombona battalion stationed outside the city. That night, uniformed soldiers
had allegedly been seen painting the walls with slogans that threatened the
inhabitants with a repetition of the November 1988 massacre if they voted for
Patriotic Union candidates in the congressional and municipal elections.
Local authorities were said to have requested the Government attorney to send
a cosnission to Segovia to investigate these threats.
106. The Special Rapporteur appealed to the Government to take all measures at
its disposal to protect the lives of the above—mentioned persons and requested
information in this regard.
107. On 17 July 1990, a letter was sent to the Government of Colombia
transmitting allegations that in the grave situation of violence in the
country during the first six months of the year a large number of persons were
killed, including members of leftist political groups, unions, peasant and
indigenous leaders. The responsiblity for a majority of the killings was
attributed to the Government, either for having directly participated or for
not having taken the necessary measures to prevent such killings or sanction
those responsible.
108. The phenomenon of killings by hired assassins paid by drug traffickers
continued to be reported, particularly in heavily militarized zones where
traffickers allegedly counted on military acquiescence.
E/CN.4/1991/36
page 24
109. During the first three months of the year no fewer than 112 persons were
victims of political assassinations. Cases were reported as follows:
(a) Carlos Pizarro Leongómez, presidential candidate, was assassinated
at 9.15 a.m. on 26 April 1990 by an individual with a machine gun minutes
after his plane took off from the Bogota airport. He was on a campaign trip,
and warned of a possible attack, had taken a flight two hours later than
originally scheduled;
(b) Father Tiberio Fernández, aged 40, priest in Trujillo, disappeared
on 17 April 1990 with three other persons on his way to mass in Tulua. On
23 April his body was found, decapitated and with signs of torture. He had
previously received death threats for his activities in support of peasant
families of detainees/disappeared by the military;
(c) Bernardino Prieto, aged 55, member of the Patriotic Union (UP);
Eugenio Prieto; Horacio Prieto; Jacinto Zea, aged 60, member of the UP;
José Antonio Zea; Omery Montoya, member of the UP, inhabitants Ariari,
department of Meta, were detained on 21i February 1990 in their homes by
approximately 15 men dressed in military uniforms and two dressed in civilian
clothes and assassinated. Eyewitnesses claimed to have seen the assassins
leaving the Twenty—first Battalion Vargas attached to the Seventh Army Brigade
based in Villavicencio, Meta;
(d) Fredy Perez, aged 15; Jaime Be ltrán, aged 17; Eliecer Suarez,
aged 20; Sa ul Ortiz, aged 22, four members of the indigenous conunity
Patio Bonito on the San Andrés de Sotavento, Córdoba reservation, were
detained on 24 January 1990 by 10 uniformed policemen in the presence of
eyewitnesses. The following day their bodies were found with signs of torture
in the community of Cacaotal on the road between San Andrés and ChinCt. The
case was reported to the Attorney—General;
(e) Diana Cardona Saldarriaga, lawyer, member of the Patriotic Union,
mayor of the Apartado municipality, was abducted on 26 February 1990 from her
parent& home in Medellin by armed men who claimed to be her bodyguards who
had come to escort her to the plane to return to Apartado. The true
bodyguards of the DAS arrived shortly after. Her body was found the same day
on the road outside Medellin. She had previously received death threats from
paramilitary groups from Urabá region;
(f) Mauricio Ramirez, Camilo Botero and Nohra Ruiz Fiórez, three members
of the Patriotic Union, were killed on 28 February 1990 at a funeral for
Diana Cardona Saldarriaga in Unguia City, department of Choc6, only metres
away from the regional military base where soldiers took no action to avoid
the killings or detain those responsible;
(g) Silvia Margarita Duzán Saenz, journalist, correspondent for the BBC;
José Vargas Mateus, peasant leader, member of the Peasant Association of
Carare; Miguel Barajas , peasant leader, member of the Peasant Association of
Carare; Sa(xl Castaiieda, peasant leader, member of the Peasant Association of
Carare were killed on 26 February 1990 by armed men believed to belong to a
paramilitary organization who shot them in a restaurant in La India, Cimitarra
municipality, Santander. Ms. Duzán was interviewing the peasant leaders at
the time;
E/CN.4/l99l/36
page 25
(h) Marisela Margarita Cuello Villamil, aged 17, Venezuelan citizen
and José Julio Teberén, aged 24 were killed on 10 November 1989 by armed men
dressed in civilian clothes in Caceri municipality in the El Bagre militarized
region of Antioquia department. Military authorities claimed they were killed
in an armed confrontation. Mrs. Cuello had been detained on 23 January 1989
by army members who accused her of belonging to a guerrilla group and later
released her without charges;
(i) Domingo Galuán .Jiménez, Juan Bautista Diaz Ortiz, Edgar Benitez
and Osvaldo Enrique Osuna were killed on 7 January 1990 by approximately
15 members of a paramilitary group in the Pueblo Nuevo Plaza, Necocli
municipality, Urabé, who opened fire on a group of Popular Front Party members
campaigning for the municipal elections;
(j) Heriberto Espinoza, member of the Unión Sindical Obreva of
Antioquia, member of the Popular Front, was assassinated on 15 December 1989
as be was leaving the union offices in Medellin. He had been an active
negotiator for the banana workers of tJribá region in the National Union of
Agro—industry Workers.
110. On 25 July 1990, a cable was sent to the Government of Colombia
concerning Mrs. Elvia Urén, aged 60, and Mrs. Martha Luz Saldarriaga Vé lez, a
lawyer, both members of the “Hector Abad Gómez” Permanent Committee for the
Defence of Human Rights (CPDDH) of Pledellin, Antioquia, who were alleged to
have received anonymous telephone calls threatening them with death if they
continued their human rights activities. Serious concern was expressed for
the lives and the security of these people since, according to the reports,
three successive presidents and one member of the CPPDH had been assassinated
in 1987 and 1988, while another had disappeared and 15 had received death
threats.
111. The Special Rapporteur appealed to the Government to take all measures at
its disposal to protect the right to life of the two persons threatened with
death, and requested information in this regard.
112. On 13 August 1990, another cable was sent to the Government of Colombia
concerning Nelson Pinzén Guevara, a 26—year-old farm worker, who had been
arrested on 17 July 1990 at La Colorada peasant community, municipality of
Simocota, department of Santander, by members of the army's Nueva Granada
battalion based in Barrancabermeja. According to the information, three days
later he was shot and wounded and then taken to San Rafael de Barrancabermeja
hospital, where he was held incommunicado and under military guard, and was
not permitted to see his relatives or other persons.
113. It was further reported that this man's brother, Alonso Pinzón Guevara,
was arrested and killed on 16 July 1990 at La Colorada by members of the
above—mentioned battalion.
114. Fears were expressed for the life and safety of Nelson Pinzón Guevara
owing to the execution of his brother, and also because he had received
several reports from members of the rural communities that they had been
forced by the army to take part in armed operations as guides and that some
of them bad been killed in clashes with guerrilla groups.
E/ON.4/l99l/36
page 26
115. In this connection, the Special Rapporteur appealed to the Government
to take all measures at its disposal to protect the life and the security of
Nelson Pinzón Guevara and requested any information on the investigations
carried out by the competent authorities in this regard, and in particular on
the killing of Alonso Pinzón Guevara.
116. On 9 November 1990, another letter was sent to the Government of Colombia
transmitting allegations of 47 killings and one attempted killing since
April 1990. The victims were reported to be mainly union members, peasant and
indigenous leaders and other unarmed civilians in regions where guerrilla
groups were active.
117. The following cases were alleged to be attributable to paramilitary
groups acting under orders of or with the connivance of the military.
(a) Union members
U) John Jairo Galindo and John Edward Fandlito Correa, members of the
National Union of Farmworkers (SINTRAINAGRO), who had been seen in
a restaurant in Bogoté on 16 Nay 1990, found dead on 17 May 1990;
(ii) Julio César Arias Casta io, director of the Centro de Servicios
Docentes del Municipio de Bolivar (Centre of Educational Association
Services in the municipality of Bolivar) and member of the
Asociación de Ins titutores de Antioquia, Central Unitaria de
Trabajadores de Colombia (AIDA—CUT) Teachers' Association of
Antioquia, Confederation of Colombian Workers, killed on 6 June 1990
on a public bus en route to Medellin;
(iii) Américo Torres Ibarguén and Claudio Benitez; members of
SINTRAINAGRO—CIJT and farm workers on the La Caridad plantation,
separated from the other farmworkers and shot dead on 6 June 1990;
(iv) Pedro Pablo Ospina, member of the Union Sindical Obrera (USO—CUT)
and labourer on the Empresa Colombiana de Petróleos (ECOPETROL)
(Colombian Petroleum Industries), killed on 6 June 1990 by a hired
killer in Cali Valle as he boarded public transport. He had
survived a previous attempt on his life in 1988;
(v) Silvio Valencia Medina, member of the Asociación de Ins titutores
del Cauca (ASOINCA—CUT) (Teachers Association of Cauca), killed
on 7 June 1990 in Popayán, Cauca;
(vi) Joaquin Galindo Orozco, member of the Movimiento Frente Popular,
(Popular Front Movement), and Eugenio Galindo Orozco, also a member
of the Popular Front Movement and secretary of education of a
chapter of SINTRAINAGRO—CUT, killed on 6 June 1990 by hired killers
in their home in the municipality of Apartado, Antioquia;
(vii) Hector Mario Lopez, Secretary—General of the Sindicato de
Trabajadores de las Empresas PiThlicas de Cali, (SINTRAENCALI—CUT),
(Union of Public Sector Workers of Cali), killed on 18 June 1990 in
his home in Cali;
E/CN.4/1991/36
page 27
(viii) Apolinar Fabra, secretary of solidarity of SINTRAINAGRO—CUT,
Carepa chapter, killed on 8 July 1990, killed in the workers'
encampment of the Galicia Plantation in Carepa, Antioquia;
(ix) Jorge Alberto Echeverry and Emilio Copete, members of the Asociación
de Institutores de Antioquia (ADIDA—CUT) (Teacher's Association of
Antioquia), killed on 15 July 1990 in Medellin;
(x) Alvaro Gómez Padilla, superintendent of education f or the Monteria
district, member of the Sindicato de Maestros (ADEMACOR—CUT)
(Teachers' Union), killed on 15 July 1990 in his home in Monteria,
Córdoba;
(xi) Ram6n Hernández and Fredy Enrique Mejia, members of
SINTRAINAGRO—CUT, Puerto Wilches chapter, labourers at the
Palmas Bucareli Company, taken by hired killers on 17 July 1990
from the company building;
(xii) Hector Castro, Roque Jiménet and Leonel Sumaque, farmworkers on the
La Alameda Plantation and members of SINTRAINAGRO-CUT, ambushed on
24 August on their way to work in Chigorodó, Antioquia;
(xiii) Roel Alvis, member of SINTRAVLORES—CUT, detained by members of
the F—2 in August 1990 in Ibagué, Tolima . His body was found in
Espinal, Tolima;
(xiv) Esteban Palmet Dominguez, director of the Middle School Institute
in Apartado, Antioquia, killed on 26 October 1990 by hired killers
while on his way home;
(xv) Luis Eduardo Calderón, member of the Sindicato de Trabajadores
Agricolas Cundinamarca, (Farmworkers Union of Cundinamarca)
Ricaurte chapter, and member of the Unión Patriótica (UP),
(Patriotic Union Party), killed on 27 October 1990 by hired killers
on a street in Apartado, Antioquia;
(xvi) Pablo Antonio Gonzáles, member of SINTRAINOUPALMA—CUT, and his
driver, John Jairo Gómez, killed on 25 October 1990 in San Alberto,
César;
(xvii) An attempt was made on the life of Leopoldo Calderón, labourer
at the Centro de Producción de Ecopetrol, (Production Centre of
ECOPETROL) and member of the Centrol Unitaria de Trabajadores de
Colombia (CUT) (Confederation of Colombian Workers), on
9 September 1990 in El Llanito, after his name had appeared on a
blacklist known as “La Gota Negra”.
(b) Other cases of killings
(i) Henry Delgado, Luis Antonio Meza and Beatriz Elena Méndez, peasants,
residents of Magda lena Medio, Santander, had been detained on
4 September 1990 and interrogated concerning their political
activities. Meza was released but Delgado's body was found, with
E/CN.4/1991/36
page 28
signs of torture, the same day. Military authorities alleged he
died in combat. On 10 September the bodies of Meza and his wife
were deposited by members of the military in Barrancabermeja;
(ii) Jacinto Quiroga, aged 46, peasant leader, on 10 September 1990 by
machine—gun volleys of the Brigada Móvil which surrounded his house
in El Guamal, Bolivar municipality, Santander. Another peasant was
wounded in the same incident;
(iii) Tomás RodrIguez, aged 40, member of the Indigenous Community of the
Gran Cumbal Reservation, NaviIio department, on 9 September 1990. He
had been detained and tortured during an offensive of the Grupo
Mecanizado Cabal de la Tercera Brigada del Ejército (attachment of
the Third Army Brigade);
(iv) Silvie Feldmann, Swiss missionary, on 9 September during the
Third Brigade offensive in Gran Cumbal, Nariño, while carrying
out her duties as a nurse;
(v) Maria Zenaida Garcia G6mez, aged 32; Luz Elida Duque Garcia ,
aged 22; kam6n Evelio Rua, aged 38 and Horacio Graciano, aged 34,
peasants from Puerto Valdivia, Antioquia, were detained by the
Brigada M6vil del Batallón Girardot de la Cuarta Brigada de Medellin
(the Girardot Mobile Brigade attached to the Medellin 4th Brigade)
on 19 April 1990. On 23 April 1990 their bodies were found in a
common grave in La Esperanza, bound and with signs of torture.
According to the Conmiander of the 4th Brigade, they died in combat;
(vi) Genniin Antonio Parada was detained on 29 July 1990 and taken to the
San Francisco farm in San Orofre, Arboledas municipality, north of
Santander. In August 1990, the commander of the 5th Brigade
announced his death in an armed confrontation with the army;
(vii) Ricardo Henry Montenegro Paz, member of the Communist Party and
President of the Municipal Council of Puerto Valdivia for the
Union Patri6tica (UP) (Patriotic Union), on 20 May 1990 in his home
in Puerto Valdivia after publicly denouncing some killings in the
region, attributing them to a paramilitary group known as “Muerte a
Revolucionarios del Nordeste” (MRN) (“Death to the Revolutionaries
of the North—East”);
(viii) Edniundo Villamizar and Orlando de Jesus Ortega Chiqunque, aged 32,
on 17 .January 1990 in Mosquera city outside Bogota, when the two
men, for their own safety, were to meet secretly. The prosecutor
had provided Orlando Ortega with special agents for his protection.
He had been detained in La Picota prison for four years until his
release on 10 November 1990;
(ix) Filem6n Cala Hayes, a peasant, after having been threatened and
detained by the army and paramilitary groups on several occasions,
on 14 March 1990 in La Vereda Honduras Bajo, El Carmen municipality,
Santander. His body was found with his throat slit;
B / ON. 4 / 1991/36
page 29
(x) Osva ldo Recalde, member of the secretariat of the Committee for
Solidarity of Political Prisoners of Pasto, Narifto , on
22 August 1990 after denouncing to the Attornney General several
peasant murders allegedly committed by paramilitary groups in
Puturnayo. His brother continued to receive death threats;
(xi) Ama Isabel Flores and her five minor children, José Agustin
Olivares, Rafael Ayazo and Eido José Bravo, peasants, on
25 October 1990 in Tierra Alta, Cérdoba.
(c) Cases of killings in the context of Counter—guerrilla _ operations of the
Luciano D'Luvar aM Nueva Granada anti—aircraft battalions in the region
known as _ lkjo Simacotal. _ El C armen municipallty. San taader
(1) Javier Francisco Cardona, on 7 July 1990 by the paramilitary
group HAS;
(ii) Leonor Sarmiento, on 16 July 1990 by the army in the area
known as “La Y”;
(iii) Juan and Eliseo Caballero, detained on 10 February 1990 in
Vereda Vizcaina Alta; their bodies were found days later by
relatives;
(iv) Ariel Vargas Ardila, on 4 May 1990, thrown from a military
helicopter in “Montebello” between Zapateca and Betulia.
118. On 3 December 1990 a cable was sent to the Government of Colombia stating
that Father Rafael Martinez Mora, parish of Tiquiso, diocese of Magangui,
municipality of Pinillos, department of Bolivar, had reportedly received death
threats by the security forces operating in the region for having requested
the Attorney General to investigate the possible responsibility of the flying
squad in the murder, in a non—combat situation, of four civilians, and other
acts of violence against the civilian population. This investigation was said
to be under way. According to the information, the threats were the most
recent in a long series of threats not only against Father Martinez, but also
against his brother, Father Jesus Martinez Mora, who had reportedly been
arrested by the army in 1988, and another priest who had recently arrived in
the same parish.
119. It was further stated that concern had increased after it was learnt
that two attacks in July 1990 had led to the murder, on 13 November, of
German Antonio Redondo, secretary—general of the San Carlos Mill Trade
Union (SINTRACANASUCOL), by two armed men in civilian clothes on a bus at
Tulua. IJis fiancée, Gloria Amparo Viveros Lucumy, had apparently reported his
death and was herself murdered at 12.30 p.m. on 19 November 1990 by men who
shot her while riding motorcycles and then shot her at point—blank range a
further eight times. Since these deaths occurred, five other unionists at
San Carlos Mill were reported to have received death threats by telephone or
by black—edged cards.
E/CN.4/ 1991/36
page 30
120. Furthermore, again in October and in the same region, several persons
were reported to have been threatened and/or murdered by suspected members
of the police or groups acting with the connivance of the armed forces. In
particular, the bodies of Francesco Sapizabal, Luis Ciaskier and Jorge Ocanpo
from Cali had reportedly been found on 16 October 1990 in the Rio Cauca with
signs of torture. Walter Jaramillo Gonzalez, the doctor who had participated
in the search and examination of the bodies, had also received threats.
121. Lastly, information was received about the attack on
Mr. Antonio Rico Morales, president of the board of the Cocicoinpa
co—operative, on 25 October 1990 at a village near Tulua.
122. In this connection, the Special Rapporteur appealed to the Government
to take all measures at its disposal to investigate these cases and, in
particular, to protect the life and the security of
Father Rafael Martinez Mora, and requested any information on the
measures taken as well as on the investigations carried out by the
competent authorities in this regard.
123. On 5 January 1990, a reply was received from the Government of Colombia
to the Special Rapporteur t s letters dated 13 March 1989, 24 July 1989 and
6 October 1989 (see document E/CN.4/1990/22, paras. 116 to 120, para. 12.5 and
para. 128, respectively) concerning the following cases:
(a) Francisco Mantilla Ojeda and Benjamin Sotelo: The case continued in
the Fourth Court of Criminal Instruction of Ibagué to determine the possible
responsibility of the two individuals detained;
(b) José Ivan Mufios and Fidel Rojas: Proceedings were initiated and the
investigation continued in Court No. 68 of Criminal Instruction of Chigorodó;
(c) Alejandro Cardona Villa: The First Prosecutor of Medellin initiated
an initial inquiry;
(d) Luis Eduardo Yaga Cristancho: The case continued in the Fourth
Court of Public Order of Villavicencio, where the First Prosecutor informed
the Attorney Delegate for Human Rights that William Góngora, who had confessed
to the killing, was assassinated after having been released. A number of
suspects in the killing of Cóngora were detained;
(e) Libardo Antonio Rengifo Vargas: The First Court of Public Order
found that the killing of Rengifo Vargas was motivated by personal matters and
was therefore not a political killing, and remitted the case on 19 June 1989
to the Sixth Court of Criminal Instruction in Chinchini where the
investigation continued.
124. On 11 January 1990, another reply was received from the Government
of Colombia to the Special Rapporteur's letters dated 24 July 1989 and
6 October 1989 (see document E/CN.4/1990/22, para. 125 and para. 128,
respectively) concerning the following cases:
(a) José Joaquin Vergara Bohorquez: The judge of the Fourteenth Court
of Criminal Instruction of Barrancabermeja, Santander, closed the
investigation following the indictment of one individual in the case;
E/CN.k/1991/36
page 31
(b) Esperanza Diaz: The investigation continued under the jurisdiction
of the Fifteenth Court of Criminal Instruction of Barrancabermeja, Santander,
with co—operation from the Technical Corps of the Judicial Police;
(c) Gilberto Santana: The case was in the preliminary investigation
phase under the First Court of Public Order of Barrancabermeja, Santander;
(d) Ivan Restrepo and Fidel Roa: The investigation was under way in the
sixty—eighth Court of Criminal Instruction of Chigorodó, Antioquia. It was
reported that the correct names of the victims were Ivan Muiioz Nunera and
Fidel Royas;
(e) Benjamin Sotel, José Santos Carepa and José Francisco Mantilla
Ojeda: The case was remitted to the competence of the Second Court of Public
Order of Ibagué and the investigation continued in the hands of the Technical
Corps of Judicial Police of Chaparral, Tolima;
(f) Teodoro Quintero: The procedures for the investigation were
ordered to be initiated by the First Court of Mobile Criminal Instruction
of Bucarainanga, Santander;
(g) Ismael Montes Peila and Evert Manuel Cabrera: The investigation
was under way in the forty—ninth Court of Mobile Criminal Instruction in
Medellin. It was reported that three unidentified bodies were recovered by
the Arboletes Inspection Police together with that of Mr. Pefia;
(h) Orlando Roa Grimaldus: The investigation continued in the
Ninth Court of Criminal Instruction of Bucaramanga, Santander.
125. On 13 February 1990, another reply was received from the Government of
Colombia to the Special Rapporteur's letter dated 6 October 1989 (see document
E/CN.4/l990/22, para. 128) concerning the case of Maria Helena Diaz Perez,
stating that the Government rejected any attempt to consider, and thus bring
before the Special Rapporteur, the death of Maria Helena Diaz Perez, Judge of
the Republic, as a summary or arbitrary execution, given the nature of her
position and for the reasons outlined below.
126. The Government noted that violence in Colombia had taken various forms in
recent years and served numerous interests. It was perpetrated by different
agents and occurred indiscriminately, claiming victims in all social strata
and among persons engaged in the most diverse activities, including members of
civilian organizations, civil servants or members of the armed forces and the
National Police.
127. In the case in question, the victim was a civil servant in the judicial
branch of public authority. The Government stated that it was completely
improper to broaden the concept of human rights violations to include such
cases. There was no purpose in making it look as if the Government was
responsible for deaths which had caused it such distress and frustration, or
for attacks against persons who, like Judge Diaz, were the bulwark of the
institutional system that governs the country and who were committed to the
Government's policy to the point of sacrifice.
E/CN.4/1991/36
page 32
128. In the Government 1 s opinion, if cases such as the murder of Judge Diaz
are characterized as a violation of human rights, then the criterion used is
a subjective one and is mistaken. It therefore came as a surprise to the
Government of Colombia that a death resulting from terrorist acts conmiit ted
by drug dealers against the country 1 s institutional stability could even be
regarded as political homicide.
129. On 19 March 1990, another reply was received from the Government
of Colombia to the Special Rapporteur's letters dated 24 July 1989,
6 October 1989 and 20 October 1989 (see document E/CN.4/1990/22, paras. 125,
128 and 129, respectively) concerning the following cases:
(a) Henry Taite and Iv n Gómez Ariza: An investigation was carried
out by the Magdalena section of the Intelligence Group of the Administrative
Security Department (DAS). According to the investigation, the death threats
were carried out on 4 April 1989 by way of a note left at CUT union
headquarters by members of a paramilitary group known as “Los Chanizos” or
“Amigos de Santa Marta”. The investigation led to the capture of the head of
the paramilitary group;
(b) Omar Niebles: Due to the death threats received by Mr. Niebles, a
unit of the Government security services was offered for protection, but was
withdrawn at the request of the union itself. Several units of the Magdalena
section of the security forces were dispatched to provide protection for the
various unions;
(c) Jorge Luis Garcés Castillo: On 27 May 1989 the case was remitted
to the Unit of Preliminary Inquiry of Belén, Umbria where the investigation
continued;
(d) Twenty—six street children killed in Bogota: A preliminary
investigation was undertaken by the Attorney Delegate for Human Rights;
(e) Miguel Cardona and Gonzalo Castaf'io: The Attorney Delegate for Human
Rights solicited the required protection for the lives of Messrs. Cardona and
Castai o from DAS;
(f) Omar Gómez Mann and Manuel José Zapata Carmona: The cases were
before the ninety—eighth Court of Criminal Instruction of Bello, Antioquia,
and subsequently were remitted to the Technical Corps of the Judicial Police
for further investigation;
(g) Gustavo de Jesus Mira Raznirez: In accordance with the information
provided by the Attorney Delegate for Human Rights, the Fourth Court of Public
Order of Medellin was proceeding with the investigation;
(h) Juan Rivera: The Attorney General was informed that local
authorities in Puerto Nate, Antioquia, had no knowledge of the, death of
Mr. Rivera and has thus directed inquiries to the authorities of Puerto Berrio
and Cimitarra, where his death allegedly occurred;
(i) Manuel Libardo Diaz Navas, Wilson Mantilla and Arturo Salgado
Garz6n: The Attorney Delegate for Human Rights requested the National
Directorate for Criminal Instruction for information regarding steps taken
to ensure their safety;
E/CN.4/l991/36
page 33
(5) Massacres of Honduras, La Negra and Punts Coquitos: Criminal
proceedings were before the First Court of Public Order of Bogota and a
special agent from the Office of the Attorney General was designated. Five
individuals were in detention, and were charged as material authors of the
crime. The substantial link between narcotics traffickers and crimes such as
the present cases was established. Meanwhile, on 7 December 1989, an order
was issued for the release from preventive detention of an army major and a
lieutenant initially detained in connection with these cases.
130. On 27 March 1990, a communication was received from the Government of
Colombia stating that on 22 March 1990, at 8.05 a.m., an attempt on the life
of presidential candidate Bernardo Jaramillo Ossa took place as he was
entering the domestic airline terminal at the El Dorado Airport of Bogoti to
board a flight to Santa Marta; Mr. Jaraxnillio died two hours later at the
police hospital where he had been taken.
131. It was also stated that the attempt on Mr. Jaramillo's life was
perpetrated by an unknown number of hired assassins, one of whom used a
mini—Ingram machine gun, and that Mr. Jaramillo's body guards reacted
immediately and opened fire on the assailants, one of whom was wounded,
arrested and taken to the Fontibdn police station.
132. According to the communication, the arrested assailant from Medellin,
Antioquia, had false identity papers and the State security agencies had
preliminary information that would indicate that the Medellin drug cartel was
responsible for the assassination. The Technical Intelligence Unit had some
proof that would suggest that at least four persons took part in the shooting
and that the plan had originated in Medellin. The hired assassins seemingly
travelled from that city to carry out their plan against the leader of the
Patriotic Union. It was stated that information gathered also suggested other
planned attempts on the lives of certain public officials and well—known
political figures, and that the use of hired assassins with a suicidal bent,
the technique repeatedly used by drug—traffickers, would mean a greater risk
to potential victims.
133. It was stated that the Government had ordered an immediate investigation
of the circumstances surrounding this hideous crime, which caused great
dismay, and was determined that those responsible would receive the maximum
penalty.
134. On 10 July 1990 a reply was received from the Government of Colombia to
the Special Rapporteur's cable of 1 March 1990 stating that, in the case of
Jim Preston and Father Guillermo Correa, according to an investigation carried
out by the Administrative Security Department (DAS), no facts existed
indicating that death threats had been made. It further stated that
Father Correa himself affirmed that while he had been verbally attacked by
several people, no concrete death threats had been made. It stated that,
nevertheless, the investigation would continue.
135. On 18 September 1990 another reply was received to the Special
Rapporteur 's letter dated 24 July 1989 (see E/CN.4/l990/22, para. 125) stating
that the case of César Arcadio Cerón was under investigation by the judicial
authorities.
E/ ON . 4/1991/36
page 34
136. The letter also replied to the Special Rapporteur's cable of
13 August 1990 stating that on 18 July 1990, Nelson Pinzón Guevara, alleged
by the military to be a member of the opposition group called Fuerzas
Revolucionarias de Colombia (FARC) (Revolutionary Forces of Colombia), took
part in an ambush of a patrol of the Nueva Granada military battalion in
Santander aepartment and was wounded. According to the reply, he was taken to
the battalion where he received medical care. It also stated that Mr. Pinzón
voluntarily offered to lead the military troops to the biding place of the
guerrilla group which bad ambushed them, and during a subsequent armed
confrontation was again wounded when he tried to escape military vigilance.
It was further stated that Mr. Pinzón was treated at the San Rafael hospital
in Barrancabermeja under military guard, and that as of 30 July 1990, per
order of a habeas corpus petition, he remains under the responsibility of
judge Octavo Superior of Barrancabermeja.
137. With regard to Alonso Pinzón Guevara, it was stated that be was killed
on 16 July 1990 in an armed confrontation between the military battalion
Nueva Grande and the Twelfth Front of the FARC to which Mr. Pinzón belonged.
138. It was further stated that the Attorney Delegate for the Defence of
Human Rights ordered a preliminary investigation into these cases,
demonstrating the Colombian authorities' will to support human rights and
fundamental freedoms.
El Saixador
139. On 30 July 1990, a letter was sent to the Government of El Salvador
stating that in 1989 and the first months of 1990 a considerable number of
cases of killings were reported within the context of the internal armed
conflict. Allegations transmitted were as follows:
(a) Conejo Bártolo bad been detained on 23 January 1989 by the Infantry
Brigade of Marina and was found dead on 6 February 1989 with signs of torture;
(b) José Joaquin Vásquez Gonzélez, a member of the Agricultural
Go—operative of La Esperanza, had been detained on 5 June by soldiers of the
Third Infantry Brigade in Canton Las Lomitas and died on 20 June 1989 while in
the custody of the National Police of San Miguel. His body bore signs of
torture. The National Commission for Human Rights informed his wife he had
committed suicide by hanging;
(c) Lucio Cea Parada, had been detained between 1 and 2 July 1989 by a
patrol of the Atlacatl battalion and soldiers from the Second Infantry Brigade
in Siete Jovenes de Tres Ceibas and Camorepeque, Apopa, and was found dead
after having secretly been buried by soldiers on 2 July;
(d) Hector Marroquin Miranda had been detained between 1 and 2 July 1990
by a patrol of the Atlacati battalion and soldiers from the Second Infantry
Brigade in Siete Jovenes de Tres Ceibas and Camorepeque, Apopa, held
incommunicado between 3 and 11 July at the Second Brigade barracks and died
in a hospital on 13 July from internal injuries caused by the soldiers;
EICN.4/1991/36
page 35
(e) Julio Bonito Escalante, a member of the El Tigre Co—operative
affiliate of the Federation of Associations of Agricultural Production
Co—operatives of El Salvador (FEDECOOPADES), was killed on 1 November 1989
by soldiers from the seventh military detachment (DM7) who opened fire on
co—operative members;
(f) Cecilio Rodriguez Rivera and Apolinario Miranda, both members of the
Popular Movement of Christian Socialism, had been detained on 6 November 1989
by soldiers from the sixth military detachment (DM6) based in Sonsonate and
were found dead on 7 November in Colonia Buenos Aires, Sonsonate;
(g) Aparicio Campos Yuri Egson, a student at the University of
El Salvador , had been detained on 8 November 1989 by the National Police and
died in the Rosales hospital on 25 November 1989 as a result of beatings by
members of the National Police;
(h) Maria Angel Flores and Julia del Carmen Ponce, both members of
the FEDECOOPADES, had been detained on 31 December 1989 near Ahixachapén by
four armed men dressed in civilian clothes, who abducted them in an unmarked
car with shaded windows, and were found dead bearing signs of torture on
11 Janaury 1990, on the highway between Santa Ana and San Salvador;
(i) Julian Rosales L6pez had been detained in February 1990 by soldiers
from the At lacat l battalion in Canton San José Costez, Delgado City, San
Salvador, and died as a result of torture while in the custody of the National
Police. On 8 February his family was informed that his body was at the Isidro
Menéndez police headquarters in San Salvador;
(j) Armando Vladimir Sanchez, a four—month—old baby who bad been
detained with his parents by the National Police from 4 January 1990 until
12 February 1990, died on 18 February 1990 as a result of treatment received
while in police custody;
(k) Ef rain Cabrera Quintanilla and Cristina Alvarez de Cabrera, both
members of the National Organization of indigenous Salvadorians (MIS), were
killed on 10 March 1990 by soldiers of the 1*17 in their residence in Canton
La Hachadura, San Francisco Menéndez, Ahuachápan;
(1) Samuel Jérez Perez, a member of MIS, was killed on 10 March 1990 by
an armed individual dressed in civilian clothing in El Rosarlo, Jujutla,
Ahuachápan, after repeated death threats to members of MIS;
(m) Roberto Vázquez, President of the El Carmen Co—operative, was killed
on 20 April 1990 by soldiers of the detachment of military engineers in the
canton Despoblado, Zacateluca, department of La Paz.
140 , Cases of unarmed civilians killed as a result of indiscriminate air
bombardments by the Salvadorian air force were reported as follows:
(a) Carmen Rivera, aged 3; Valeriana Brigida Rivera, aged 2;
Lorenzo Rivera, aged Il; Baudillo Hernández, aged 51; on 8 March 1989,
in Morazán province;
E/CN.4/1991/36
page 36
(b) Dolores Maria Miranda, aged 10; Isabel L6pez, aged 10;
Beatriz López, aged 2; Blanca Lidia Ldpez Guardado, aged 3; Anibal Guardado,
aged 28, on 11 February 1990, in the Corral de Fiedra resettlement village in
Lagunita, Chalatenango.
141. On 21 September 1990, a cable was sent to the Government of El Salvador
stating that 75 political prisoners in Mariona prison allegedly feared for
their lives and physical integrity because they had received a number of death
threats since July 1990. These threats mentioned an alleged plan for the
collective murder of political prisoners and for individual attacks. The
death threats were reported to have been made by former soldiers who were
serving sentences for ordinary offences, and by members of the security forces
who came to the prison on visiting days.
142. In this connection, the Special Rapporteur appealed to the Government
to protect the right to life, security and physical integrity of those who
received death threats, and requested that the Government provide information
on the measures taken in this regard.
143. On 9 November 1990 another letter was sent to the Government of
El Salvador transmitting cases of killings during the first eight months
of 1990. Information indicated an increase of incidents of killings compared
to the number of killings during the previous year. The following are such
cases reported to the Special Rapporteur:
(a) Oswaldo Antonio Alfaro Estevéz, found on Boulevard del Ejército in
San Salvador after having been detained in November 1990 by the Folicia de la
Hacienda (civilian police);
(b) Carlos Lainez, aged 40, a union member, killed on 20 March 1990 by
individuals identifying themselves as members of the air force as he carried
out his construction work in Tonacatepeque, San Salvador;
(c) Francisco Sénchez, a day worker, killed on the night of 22 May 1990
by soldiers of the 4th military detachment (DM4). The following day, an
officer of the DM4 was said to have gone to his house with a group of soldiers
to express regrets for the killing. No investigation of the case is known to
have been initiated;
(d) José Luis López L6pez, aged 2 and Manuel Angel Lopez López, aged 2,
killed when indiscriminately launched military grenades hit their home in
Los Pardos, Chalatenango, during a confrontation between the batallOn
Chayguanca of the 4th infantry brigade, based in El Paraiso, Chalatenango,
and the FTILN.
144. The letter also stated, in regard to the 16 November 1989 killings of the
six Jesuit priests, their cook and her daughter (E/CN.4/1990/2, para 156(c),
that further information indicated a lack of co—operation on the part of the
military in the investigation into the case by the 4th criminal court in
San Salvador. It was further stated that the log—book registering all entries
and exits from the military school in San Salvador, considered crucial
evidence in the case, had been burned on the orders of the lieutenant colonel
of the military school, and that after his arrest he was freed on bail. Some
high—level officers summoned by the court reportedly refused to testify while
E/ON.4/1991/36
page 37
others allegedly falsified testimony. It was finally stated that a group
known as the Alto Mando de los Escuadrones de Muerte (High Command of the
Death Squads), allegedly threatened with death, in an April 1990 communiqué,
all religious and civilian persons involved in the case if the members of the
armed forces implicated were not immediately released.
145. On 10 April 1990, the Special Rapporteur received a communication from
the armed forces of El Salvador concerning the killing of second lieutenant
Salvador Enrique Salazar Hernández, on 6 April 1990, near the Coatepeque lake
in Santa Ana province. It was stated that the assailants follàwed him,
abducted him and killed him, and that he was completely disarmed when he was
killed. It was further stated that the killers identif led themselves as
elements of the FMLN (Farabundo Marti National Liberation Front) after having
riddled him with bullets.
146. On 11 April 1990, another communication was received from the armed
forces of El Salvador describing the following further incidents of killings:
(a) The murder of two members of the National Police while on duty, at a
gas station in the capital city;
(b) A car—bomb attack in Santa Tecla city on 2 April 1990 left six
military and one civilian dead;
(c) Indiscriminate attacks on civilians left several dead and injured,
including Otto Sorto Milla, son—in—law of the air force commander;
(d) The killing of Mrs. Méxima Adelaida Cotto, who was pregnant, during
an flILN attack on the Infantry First Brigade.
147. On 13 July 1990, a conmiunication was received from the Government of
El Salvador relating the killing of Major Carlos Figueroa Morales by the group
“Modesto Ramirez” belonging to the FMLN.
148. On 9 November 1990, a letter was received from the Government of
El Salvador transmitting a press release dated 27 October 1990 which denounced
an explosives attack by the FTILN on the armed forces high command in which two
minors, aged 8 and 17, were allegedly killed.
149. On 26 November 1990, a letter was received from the Government of
El Salvador transmitting a bulletin of the Office for Human Rights of the
Armed Forces dated 23 November 1990, stating that 13 civilians were killed
between 19 and 20 November 1990 by the irregular forces of the ThLN during
their offensive launched on 19 November.
Ethiopia
150. On 10 April 1990, the Special Rapporteur sent a cable to the Government
of Ethiopia regarding the information received that six civilians had been
killed in March 1990 in the village of Akbrur, Ake leguzai province, during an
air raid by Ethiopian helicopter gunships which had sprayed cannon fire on the
village, and that on 3 April 1990, in the town of Afabet and in the port city
of Massawa, 16 and 30 civilians respectively had been killed in bombardments
by Ethiopian fighter planes using cluster bombs and demolition bombs
E/CN.4/ 1991 1 36
page 38
destroying residential buildings. The names of 13 identified victims among
the 16 killed in Afabet and of 28 identified victims among the 30 killed in
Massawa were also transmitted.
151. In view of the continuing tense situation of armed conflict in Eritrea ,
the Special Rapporteur, seriously concerned for the lives of innocent
civilians and in particular those of women and children, appealed to the
Government to take all necessary measures to protect the lives of civilians
who might be trapped in armed confrontations in the region, and requested
information on the above—mentioned incidents and the measures taken by the
Government to protect the lives of the civilian population.
152. On 26 July 1990, a letter was sent to the Government of Ethiopia
transmitting allegations that during the past several months, in the Eritrea
region, a considerable number of civilians were killed during air raids over
towns and villages carried out by Ethiopian fighter planes and helicopter
gunships, indiscriminately dropping cluster and demolition bombs over
residential and conmtercial districts.
153. In addition to the allegations already communicated to the Government,
the following alleged incidents were described:
(a) On 21 April 1990, in Afabet, six civilians were killed in an air
raid by Ethiopian MIG fighter planes;
(b) On 22 April 1990, in Massawa, 55 civilians were killed in an air
raid by Ethiopian MIG fighter planes;
(c) On 9 June 1990, in Asmara, a special army squad dispatched from the
army base in Kagnew, Asmara, attacked a group of youths watching World Cup
football matches on television in Kidane Mehret near the city centre, causing
the death of 30 persons. The army reportedly stated that the youths had
violated the curfew.
154. Furthermore, on 19 flay 1990, 12 persons, former senior members of the
armed forces who had been arrested following a coup attempt in May 1989, were
reportedly executed after a trial by the military division of the Supreme
Court. The names of the 12 were given. It was alleged that the accused were
not given the right to appeal to a higher tribunal against their conviction
and sentences nor the right to seek pardon..
155. On 4 December 1990, a reply was received from the Government of Ethiopia
to the Special Rapporteur's letter of 26 July 1990, stating that the
allegations transmitted of indiscriminate attacks or. the civilian population
by Government forces were totally groundless and fabricated. According to the
reply, with regard to the trial of the 12 cenior officers the proceedings
were conducted fair.y and in accorfetce with due process of law. It was
stated that these ofncers, coarsec wttn ;ze tics; sertcus cr nies uncer the
country 's special penal code, were prov±dei with all legal protections
essential for their defense.
156. It was also stated that apart from ensuring the legal rights of those
officers who chose to engage defence counseLs of their own, the Government ,
upon request from the others who were unable to do so had also provided
competent lawyers to present their cases and defend them in Court.
E/CN..41l99l/36
page 39
157. It was stated that during the trial, which took over a year, the Court in
the 26 sessions it held made painstaking investigations into the charges, and
that its decision was based on 92 witnesses and 65 documents for the
prosecution and 130 witnesses and 12 documents for the accused; furthermore,
the trial was conducted in public. The execution was carried our pursuant to
a final judgement rendered by the First Military Bench of the Supreme Court
and, as there was no higher tribunal than the Supreme Court, the accusation of
denial of the right to appeal was incorrect.
Ghana
158. On Z6 July 1990, a letter was sent to the Government of Ghana
transmitting allegations that during the past year a number of persons were
sentenced to death by the public tribunals for convictions of murder, of
conspiracy to murder or of armed robbery. The public tribunals, special
courts, established in 1982 under the public tribunals law reportedly may
impose the death penalty for of fences specified by the Provisional National
Defence Council (PNDC) and in cases where the tribunal is satisfied that very
grave circumstances meriting such a penalty have been revealed. Under the
public tribunal law as amended in 1984, the national public tribunal tries
cases itself and also can hear appeals against its own decisions sitting as a
national appeals tribunal, thus violating the requirement of an independent
appeal procedure. Among those sentenced to death, nine persons were
reportedly executed on 3 February 1990. The nine, whose names were not made
public, had been sentenced to death in 1989 for their involvement in armed
robberies and murders around Accra.
159. In addition, between January and March 1990, eight persons were
reportedly sentenced to death by regional public tribunals. The eight
allegedly included:
(a) David Agudu, aged 26, sentenced to death by the Greater Accra
regional public tribunal;
(b) Azutey Tetegah, Ramani Abubakari and Abmed Draznani sentenced to
death by the national public tribunal in Accra;
(c) Adriano Ben, a police corporal, sentenced to death by the regional
public tribunal in the Brong;
(d) Two persons whose names were not made known, sentenced to death
in _ abtentia by the regional public tribunal in March 1990.
160. At the time of preparation of the present report, no reply had been
received from the Government of Ghana.
uatemala
161. On 30 January 1990, the Special Rapporteur sent a cable to the Government
of Guatemala concerning Mgr. José Mercedes Carrera, vicar—general of the
San Marcos department diocese, who was reportedly threatened with death on
31 December 1989 by several armed men who burst into the presbytery, making
a show of their weapons, while Mgr. Carrera was distributing food to needy
children.
E/CN.4/1991/36
page 40
162. The Special Rapporteur appealed to the Government to take the necessary
measures to protect the life of Mgr. Carrera and requested information on the
case.
163. On 7 February 1990, another cable was sent to the Government of Guatemala
concerning Juan Luis Coy Monzón, organization and media secretary of the
Electrical Worker's Union (STINDE), and his family. According to the
information, on 22 January 1990, several men in civilian clothing visited
Juan Luis Coy's home and, not finding him there, waned his wife “either he
leaves the country or he will have to face the consequences”. Earlier, on
7 April 1989, the same persons had tried to kidnap his 12—year—old daughter
who, thanks to her mother's help, managed to escape.
164. The Special Rapporteur appealed to the Government to take the necessary
measures to protect the life of Juan Luis Coy Monzón and his family and
requested information on the case.
165. On 9 February 1990, another cable was sent to the Government of Guatemala
concerning the deputy Mr. Rector Luna Troccoli who, in the week from
29 January to 4 February , had been threatened over the telephone. Re had
allegedly been told “if you continue to talk about the debt and its
repercussions in ... the country, you'll have to be careful because in
Guatemala it is very easy to kill a deputy”.
166. The Special Rapporteur appealed to the Government to take the necessary
measures to protect the life of Mr. Rector Luna Troccoli and requested
information on the case.
167. On 28 February 1990, another cable was sent to the Government of
Guatemala concerning the persecution, often in the form of death threats and
extrajudicial killings, suffered by persons who bad refused to join, or who
bad left, the civil self—defence patrols. According to the information
received, these persons were described as “subversives”. This was reportedly
the case of the residents of Sacpulup canton who, in the course of the month,
had been seriously harassed by the army, and of Domingo Ventura , an indigenous
farmer, member of the “Runujel Junam” Council of Ethnic Communities (CERJ) and
a resident of the village of Pachalani in the municipality of San Andres
Sajcabaja, El Quiche department.
168. The Special Rapporteur also referred to the case of
Factor Mender Doninelli, director of the Centre for Human Rights
Research, Studies and Promotion (CIEPRODEH), and several members of his
family who had reportedly been threatened with death. It was alleged that ,
in June 19G9 a number jf armed man in civilian clothing had threatened to
kill the son of his brother Antonio and cf Ana Graciela del Valle, and that,
on 5 February l 9O,. a number of men whc identified themselves as members cf
the National Police had searched the hcme of his brother Antonio in
Guatemala City. On the saz e day various individuals had reportedly rollowed
his wife in the street in a red vehicle with registration plate P—136507. and
on 19 February 1990, a number of persons had stolen the vehicle owned by
Factor Mindez and regularly used by CIEPRODER.
169. The Special Rapporteur appealed to the Government to take the necessary
measures to protect the lives of the above—rcentiot ed persons and requested
information on the cases.
E/CN.4/1991/36
page 41
170. On 6 April 1990, another cable was sent to the Government of Guatemala
concerning Pedro Castro Tojin, a resident of Centro Segundo Parraxtut canton,
Sacapulas, El Quiche, whose life might be in danger.
171. According to the information received, on 17 March 1990, a group of men
in civilian clothing had attacked the dwelling of Mr. Castro, a member of
CERJ, killing his wife and injuring him. The attackers included two military
officers who had previously threatened the family. The officers had also made
death threats against other residents of the town, causing 19 of them to
flee. Complaints concerning these incidents were submitted to the justice
of the peace of the town and the office of the attorney for human rights.
Subsequently, these persons, accompanied by Mr. Amilcar Méndez Urizar,
president of CERJ, and the deputy attorney for human rights of the region,
tried to return to the community; they were unsuccessful as a group of about
25 armed men (apparently civilian patrol members led by military officers)
fired shots at and threatened them.
172. The Special Rapporteur appealed to the Governnent to take the necessary
measures to protect the life of the above—mentioned persons and requested
information in this regard.
173. On 5 June 1990, another cable was sent to the Government of Guatemala
concerning death threats against Edgar René de León Vega, a merchant, and
José Eduardo Davila Rivera, a secondary—school student. According to the
information, at 11.30 p.m. on 14 May 1990, men armed with machine—guns and
suspected of belonging to the military command of the eastern zone were
reported to have threatened these two individuals with death, giving them
72 hours to leave the country. The incident took place in the presence of
witnesses, as the two left a cafeteria in calle 12, zone 1 of Guatemala City.
It was also reported that, as soon as the men had left, Mr. de Leon Vega and
Mr. Dávila Rivera asked national police patrol No. 144 for assistance, but
their request was rejected. On the following day, they reportedly took refuge
in the headquarters of the Guatemalan Red Cross and asked for asylum in the
Canadian Embassy.
174. The Special Rapporteur appealed to the Government to take the
necessary measures to protect the lives of Edgar René de Le On Vega and
José Eduardo Dévila Rivera and requested information on these cases.
175. On 11 July 1990, another cable was sent to the Government of Guatemala
concerning a number of persons, most of them members of the National
Association of Widows of Guatemala (CONAVIGUA) in the locality of Pacoc,
municipality of Zacualpa, El Quiche, who had reportedly received death threats
on 14 June 1990 from a group of armed men believed to be members of the armed
forces. According to the information, these men had been in possession of
what appeared to be a list of names that bad been handed over earlier to the
armed forces by the commander of the Pacoc civilian self—defence patrols. The
cable transmitted the names of 16 persons allegedly threatened among whom one,
Juana Calachij Méndez, was reported to have been threatened earlier and to
have been the victim of kidnapping attempts.
176. The Special Rapporteur appealed to the Government to take the necessary
measures to protect the life of the above—mentioned persons and requested
information in this regard.
E/CN.4/ 1991/36
page 42
177. On 17 July 1990, a letter was sent to the Government of Guatemala
transmitting allegations that during the first six months of the year a large
number of trade unionists, human rights defenders, peasant and student leaders
received death threats or were killed. Reports attributed these actions to
the security forces, paramilitary groups linked to security forces or to the
civil self—defence patrols. Many of the killings resulted from the refusal of
peasants and members of the indigenous communities to be inducted into the
civil patrols, despite article 34 of the Constitution which guarantees the
voluntary nature of such recruitment.
178. Allegations of death threats were described as follows:
(a) Juan Sales received death threats from a member of the civil patrol
reportedly for denouncing the destruction of several homes by the civil patrol
in Cerro Phisphis, La Cumbre, San Ildefonso Ixtahuacén, iluehuetenango;
(b) Juan Tun Mejil, aged 22, member of CERJ; Domingo Tun Mejiá, aged 17
and Diego Yat Us, aged 15 were threatened with death by the military for
allegedly refusing induction into the civil patrol;
(c) Victoria Tojin Chu was threatened by a member of the Sacapulas,
El Quiche military detachment, reportedly for denouncing attacks on civilians
by the local civil patrol;
(a) Gaspard Lux Tiu, aged 7; Giberto Lux Tiu, aged 10; Basilio Lux Tiu,
aged 12; Margarita Lux, aged 15; Maria Pu, aged 52; and Josef a Tojin Imul,
aged 55, all residents of Parraxtut, Sacapulas, El Quiche, were threatened
with death by soldiers for reportedly denouncing the death of a relative by
the military;
(e) Ana Graciela Del Valle, a relative of Factor Méndez Doninelli,
president of the Centre of Investigation, Study and Promotion of Human Rights
in Guatemala (CIEPRODH), who has reportedly received numerous death threats,
was also threatened with death by members of the National Police;
(f) Domingo Ventura, aged 35, member of CERJ, was threatened with
death on 24 January 1990 when the commander of the San Andrés de Sajcabajá,
El Quiche military detachment and 30 soldiers entered his home by force and
detained him for several hours for reportedly refusing to co—operate with the
military;
(g) Milhen Chévez, district director of CIEPRODR, went into exile due
to death threats reportedly received for providing the press with information
regarding involvement of the G—2 military intelligence service in a human
rights case;
(h) Juan Luis Coy Monzón, member of the Union of Workers of the National
Institute of Electricity Workers (STINDE), was threatened with death and was
told to stop union activities and leave the country. Prior to this incident,
there was an attempted kidnapping of his daughter and in January and
February 1990, his wife was abducted and questioned regarding his union
activities;
E/ N. 4/ 1991/ 36
page 43
(i) Luis Fernando Hernández, José López Perez, Abraham Santizo,
César Augusto Franco de León, Roberto Mairén Jacobo Abrego, Lids Lopez
Cifuentes, Osberto Hugo Rodas, Alfonso Colop y Colop, Benaro Soberanis, and
Hector Alvarado Cho, members of the executive committee of the union of CAU ISA
(Central American Glass Company) workers, were threatened with death by the
anti—riot squad of the National Police when they were forcefully removed from
the factory site on 3 June 1990;
(j) Ramón Jécome Pinto, leader of the Union of Workers of the Guatemalan
Social Security Institute (STIGSS), and his family were threatened with death
on S May 1990 and were told to give up their union activities.
179. Deaths were described as follows:
(a) Miguel Pu Lopez, aged 25 and Francisco Pucniach, aged 30 were
killed by 20 members of the self—defence civil patrol on 16 May 1990 in
San Sebastién, Sacapulas, department of El Quiche. According to the police
they died in an attack on the patrol. Eye—witness accounts contradict this
explanation;
(b) Pedro Perez, aged 10 and Gaspar Gallego, aged 15 were reportedly
tortured and then killed on 28 April 1990 by soldiers from the military base
in San Gaspar, Chajul, department of El Quiche;
(c) José Cuyuch Raymundo, aged 25, was killed in May 1990 in Cabá,
Chajul, department of El Quiche, when army members searched and then destroyed
homes as well as cultivated fields;
(d) Fidelino Raul Tobias Aparicio, aged 41; Miguel Angel Rianca Sicay,
aged 44; Gregorio Ramirez y Ramirez, aged 42; Juan Pablo Quietuy, aged 48 were
detained on 22 May 1990 by the military in Xexbiboy, Pamajoj Achichoy and
Cheritay in Santiago Atitlán in Sololé department. Their bodies were found
on 24 May 1990 in Cerro Oro, Santiago Atitlén;
(e) José Maria Ixcayat, a leader of CERJ, was killed on 1 May 1990 by
three masked and armed men dressed in civilian clothes in Caserlo de la Fe.
Reports attributed his death to the security forces or civilians who acted
with their acquiescence or connivance, noting that he had previously received
numerous death threats from the military and the civil patrols for his role in
opposing forced conscription in the civil patrols;
(f) José Vicente Garcia, a leader of CERJ, was killed on 10 April 1990
in La Montafla, El Quiche, by armed men dressed in civilian clothes. Be had on
previous occasions been threatened with death and detained by members of the
self—defence civil patrol;
(g) Pedro Gallego de Le On was killed after being tortured on
10 March 1990 in El Quiche by members of the army who attacked several
towns in this department;
(h) The bodies of Juan Gustavo Herrera Gonzalez, aged 23; Fernando
Rivera Ortiz, aged 23; and Oscar Emilio Echeverriá, aged 24 were found on
31 March 1990 in Escuintla department after having been detained days before
in zone 1 in Guatemala City by members of the security forces and taken away
in a blue jeep with polarized windows;
E/CN.4/199l/36
page 44
(i) Nestor René Osorio Sandoval, aged 41, member of the Union of Workers
of the National Institute of Electricity (STINDE) in Chiquimula department,
was killed on 2 March 1990 by three members of the security forces in the
company plant;
(3) spar Lainez, aged 38 and Pablo Escobar, aged 32 were killed by
members of the Second Infantry Battalion of the Mariscal Zavala brigade after
having been detained on 13 February 1990;
(k) Manuel Luis y Luis, a member of CERJ, was killed on 15 January 1990
in Portrero Viejo, Zamalpa, El Guiché. His body showed signs of beatings.
Authorities refused to investigate his death or to hold an autopsy.
180. On 24 August 1990, the Special Rapporteur sent a cable to the Government
of Guatemala concerning José Garcia Bauer, Deputy for the Central District of
Guatemala, who reportedly received death threats on 31 July 1990 when his
family bad received a telephone call giving Mr. Garcia Bauer 48 hours to leave
the country. Eight other members of Congress had apparently also received
death threats recently.
181. The Special Rapporteur appealed to the Government to take the necessary
measures to protect the life of José Garcia Bauer and requested information on
the case.
182. On 23 October 1990, another cable was sent to the Government of Guatemala
concerning José Vicente Soto, Education Secretary of the Training
Institute (INTECAP) Union, and Carmen Rubenia Zepeda, aged 33, his fiancée,
who were being watched and bad received death threats. On 13 October 1990,
Carmen Zepeda was said to have been kidnapped in zone 7 of Guatemala City
by armed men wearing civilian clothes and travelling in a cream—coloured jeep
with one—way windows. The kidnappers were said to have beaten her, questioned
her about Mr. Soto's trade union activities and threatened him if he did not
immediatedly leave the country. Miss Zepeda was said to have been released
next day. Since then, both persons concerned had reportedly continued to
receive anonymous telephone calls.
183. The Special Rapporteur appealed to the Government to take the necessary
measures to protect the right to life of the above—mentioned persons
threatened with death and requested information on the case.
184. On 9 November 1990 another letter was sent to the Government of Guatemala
transmitting allegations of a marked increase in killings in Guatemala
particularly in the months preceding the November presidential elections. Of
the 500 killings reported through September, approximately 55 per cent were
said to have occurred between July and September. The victims were said to be
members of unions, human rights organizations, opposition political groups and
indigenous communities.
185. According to information received, many of the killings had been preceded
by death threats and many occurred when peasant and indigenous men refused to
serve in the self—defence patrols. These deaths were said to be attributable
to the security forces, to paramilitary groups linked to these and to the
self—defence patrols which function with the connivance of the authorities.
E/CN.4/l991/36
page 45
186. The following cases were described:
(a) Killings
(i) Hector Anibal ZuMga, aged 45, peasant, who was abducted by men
driving a pickup truck with polarized windows, was found dead
on 5 March 1990 in Villa Nueva, Ruta San Miguel Petapa, Aldea
el Frutal;
(ii) Jorge Ariel Castro Carrillo, aged 24, a student of the national
university (USAC) law school, was abducted by four unidentified
individuals on 1 October 1990 and his body dumped in front of
the law school. The Minister of the Interior reportedly
qualified his death as a cormnon crime;
(iii) David -Gutiérrez Morales, Everardo Boteo Morales, Juan José
Orellana Cbacón and Israel Chac6n Aquino, peasant labourers
in the Flor de la Esperanza co—operative who had disappeared
in May 1990 from the co—operative in the municipality of
La Libertad, department of El Petén, were found dead on
27 September 1990 floating in the Usumacinta River in
El Petén. Their deaths were reported to the El Petén court
and to the prosecutor for human rights on 26 September 1990;
(iv) Refugio Aracely Villanueva was shot dead on 26 October 1990 in
Calzada Aguilar Batres, Guatemala City, by two men riding a
motocycle as she was driving with her husband, Byron Barrera,
Vice—President of the Association of Journalists of
Guatemala (APG) who had continued receiving death threats after
having returned to Guatemala in 1986 following several years of
exile. Her husband was seriously wounded in the same attack;
(v) Ana Guadalupe Hernández Leonardo, aged 17, taken from her
home by heavily armed men in civilian clothes in zone 3 in
Guatemala City on 7 September 1990, was found dead on
12 September 1990 under the El Incienso Bridge in Guatemala
City. Her abduction had been reported to the National Police
but an investigation was never initiated;
(vi) Rumberto Gonzalez Gazarra, Secretary—General of the
Revolutionary Democratic Union CURD), was killed on
15 October 1990 at 4.10 p.m. in zone 11 in Guatemala City
by heavily armed men in civilian clothes;
(vii) Petronilo Hernández Basilio, Secretary of the Independent
Agricultural Syndicate of Barrio La Refonuita, an affiliate of
the Trade Union Confederation of Guatemala (CUSG), was killed
on 1 July 1990 in his home in the municipality of Moyuta,
department of Jutiapa, by a group of men;
(viii) Orlando Estuardo Alvarado Morales, a teacher, who had been
kidnapped on 20 October 1990 in Guatemala City, was found
dead on 1 November 1990;
E/CN.4/1991/36
page 46
(b) Attempted killings
( 1) Juan José Rodil Peralta, a congressional candidate for
the National Centre Union Party (IJCN), was ambushed on
5 October 1990 by a group of men in three cars as he returned
from a political campaign trip;
(c) Killings of human rights workers
(1) Mynia Maclcchang, aged 40, director of the Institute for the
Advancement of Social Sciences (AVANSCO), was stabbed to death
on 11 September 1990 by unidentified men as she left her office
at 7.00 p.m on 12th Street, zone 1 in Guatemala City;
(ii) Maria Mejia, aged 47, member of CERJ, was killed on
19 March 1990 in her home when two military persons broke in
searching for her son. Her husband, Pedro Lastro Tojin, was
seriously wounded. The family had reportedly denounced
continuing death threats from the military to the prosecutor
for human rights;
(iii) Pedro Tiu Cac, member of CERJ, after having been kidnapped
on 2 July 1990 from his residence in Chajob by individuals
identifying themselves as police, was found dead on 4 July 1990
in a neighbouring town;
(iv) José Pedro flu Chivalán, aged 35, son of Pedro flu Cac, who had
been kidnapped from his home on 2 October 1990, was found dead
on 5 October 1990 in the department of Totonicapán;
(d) Death threats
(i) Manuel Tumax Aguilar, a journalist, has been receiving death
threats since 10 August 1990 and was being watched by
unidentified individuals;
(ii) Amilcar Méndez lJrizar, president of CERJ, received a death
threat on 30 July 1990 and was given 72 hours to leave the
country;
(iii) Mario Polanco, aged 17, a member of the Grupo de Apoyo
£lutuo (CAM) (Mutual Aid Group), was followed on
5 September 1990 by soldiers in a military jeep who then
chased him on foot;
(e) Deaths in the course of military operations
(i) Magdalena Efranin Fray Santos, aged 12, was killed between 22
and 30 August 1990 when army troops based in Amacchel, Axcán,
department of El Quiche, fired on inhabitants of that
municipality wounding two other youths and capturing 37
civilians;
E/CN.4/199l/36
page 47
(ii) Gregorio Ckevaj, an indigenous peasant, who had been detained
in Cerro de Ojo, Santiago Atitlén, department of Sacatepéquez,
was found dead on a public road after army soldiers marched
into the indigenous community forcing out the inhabitants;
(iii) José Cuyuch Raiymundo was killed between 9 and 15 May 1990
when soldiers from Txiajá, El Quiche, carried out military
operations in CalM, municipality of Chacul, El Quiche.
Mr. Cuyuch was ill in his home when the military broke in and
searched the residence. Eis body was later found in the Caba
river with signs of torture;
(iv) Pedro Villa, & peasant, had been detained on 22 June 1990
by members of the army based in Sulin, municipality of
La Libertad, department of El Petén, while he was working
in the field and was subsequently found dead.
187. The letter of 9 November 1990 further transmitted allegations of
death threats and killings of street children involved in petty crime
or glue—sniffing by agents of the police in Guatemala City:
(a) Deaths of minors
(i) Nahamén Carmona López, aged 13, died on 14 March 1990 as a
result of serious injuries after reportedly being attacked on
4 March 1990 by members of the National Police on 12th Street
and 6th Avenue, zone 1 of Guatemala City, while he and other
minors were sniffing glue. The other minors, who served as
eye—witnesses, were said to continue to receive death threats.
Four police agents had been charged with his death and held
while the case was being considered in the lower court of the
1st criminal court;
(ii) Mann Oswa ldo de la Cruz Almengor, aged 12, was shot dead
on 18 May 1990 at 1.15 pm. by a police agent while robbing a
motorist of sunglasses. An eye—witness was said to have been
detained and threatened at the scene;
(iii) Walter Villatoro, aged 17; Salvador Sandoval, aged 16; and
Jonito José Castellanos, who had been abducted on 25 June 1990
by heavily armed men driving a Blazer Jeep with polarized
windows on 20th Street, zone 1 in Guatemala City, were found
dead with bullet wounds and signs of torture.
188. On 5 December 1990 a cable was sent to the Government of Guatemala
transmitting allegations that the following individuals were killed in a
summary manner by army soldiers attached to the military base in Santiago
Atit lén, Sololé department of Sucbetepequez: Juan Carlos Pablo Sosod,
aged 20; Pedro Mendoza Cotu, aged 18; Francisco Girón Cbicojau, aged 10; Juan
Ajuchán Mesiâs, aged 15; Salvador Damion Yaqui, aged 50; Felipe Quieju Culén,
aged 53; Nicolas Ajtujal Sosof, aged 17; Pedro Crista Mendoza, aged 14; Gaspar
Coo Sicay, aged 18; Pedro Mendoza Pablo, aged 29; Pedro Dainan Vásquez, aged 45.
E/CN.4/l99 1/36
page 48
189. On 2 December 1990, a lieutenant from the Santiago detachment attempted
to detain a member of the indigenous community and in the process, wounded a
child with a bullet. The members of the community, as well as the incoming
and outgoing mayors, went peacefully to the military base to protest the
action and to speak to the commander. Soldiers then opened fire with
machine—guns on the group, killing the above—mentioned persons.
190. The Special Rapporteur expressed concern for the physical safety of this
community in the light of the death threats and killings reported throughout
the year in this community by the army which caused a perpetual state of fear
among the people.
191. The Special Rapporteur requested information on this case and on any
investigation made and particularly on the measures taken by the authorities
to protect the lives and physical integrity of this community and to bring
those responsible for the above—cited killings to justice.
192. On 12 December 1990, a reply was received from the Government of
Guatemala to the Special Itapporteur's cable of 5 December 1990 with regard to
the alleged massacre in Santiago Atitlán on 2 December 1990, transmitting a
press communiqué from the President which stated that details of the incident
indicated a possibility of errors in controlling the situation at the moment
when the incidents were triggered.
193. It was also stated that the Government expressed its full intention to
carry out an exhaustive investigation to determine the motives and development
of the incidents as well as those responsible, and that the law would be
strictly applied. In this regard, it was further stated that the Government
would collaborate fully with the prosecutor for human rights and other
competent authorities.
Haiti
194. On 5 November 1990, the Special Rapporteur sent a letter to the
Government of Haiti mentioning that allegations to the effect that during the
year 1989 civilians had been shot down by unidentified armed men, some of whom
were in military uniform, continued to be brought to his attention. It is
alleged that the competent authorities have not conducted investigations into
these murders which would have led to the arrest of the persons responsible.
195. The Special Rapporteur was informed in particular of the following cases:
(a) A group of armed men, including persons in military uniform,
is alleged to have opened fire on members of the Council of State on
21 June 1990, during a meeting with a group of private individuals. According
to the source, Jean—Marie Nontes, one of the persons attending the meeting was
killed. Serve Villard, the representative of the private sector in the
Council of State is said to have been seriously wounded and to have died on
24 June 1990. A third person is reported to have been injured during the same
incident;
(b) During the night of 1—2 July 1990, in the St. Martin district of
Port—au—Prince, Mariano Delaunay, a teacher and founder of evening classes for
needy residents of the town is said to have been shot down by an armed man at
the wheel of a lorry. Witnesses are reported to have identified the killer as
an army sergeant;
E/CN.4/1991/36
page 49
(c) On 3 August l99O Merus Laroche is said to have died while in
detention in Cap—Haitien prison. It is alleged that Laroche was arrested and
detained in the army local headquarters where he was tortured before being
transferred to the prison. It is said that there was no medical supervis ion
of Laroche.
196. At the time of preparation of the present report no reply had been
received from the Government of Haiti.
Honduras
197. On 13 February 1990, the Special Rapporteur sent a cable to the
Government of Honduras concerning death threats reportedly made against
Mr. Oscar Anibal Puerto and Mr. Roberto Zelaya. According to this
information, Mr. Puerto, a lawyer and vice—president of the Coanittee for the
Defence of Human Rights in Honduras (CODE ! !), who received death threats over
the telephone on 2 February 1990 at the CODEH headquarters in Tegucigalpa, had
already received threats of that kind in January and April 1989. In the case
of Mr. Zelaya, who worked in the department of social sciences at the Teachers
Training University, studied law at the Autonomous National University of
Honduras, and was a member of the University Reform Front, three G—2 agents
bad reportedly searched his home on the morning of 31 January 1990 and taken
away books, and in the afternoon three armed men, members of the 3—16
battalion, were .reported to have come to his home again, warning him not to
lodge a complaint about the incident and to leave the country.
198. The Special Rapporteur, having received expressions of concern for the
safety of the two above—mentioned persons, appealed to the Government to take
the necessary measures to protect their lives and requested information on
these cases.
199. On 4 April 1990, another cable was sent to the Government of Honduras
concerning an attack on Roberto Zelaya, teacher in the social sciences
department of the Teachers Training College and student of law at the
Autonomous National University of Honduras. According to the information
received, Mr. Zelaya had been seriously wounded in the course of an attack
that had been taking place at 6.30 p.m. on 19 March 1990, while he had been
walking near his home in Colonia Villanueva, Tegucigalpa. Those responsible
for the attack were allegedly three armed men, supposedly connected with the
armed forces, who had been driving a blue car with tinted windows and without
number plates. They had left Roberto Zelaya before neighbours arrived and
took him to hospital, where he was apparently in a very serious condition.
200 , Furthermore, the attackers were said to have threatened the victim and
other people: Dr. Ramón Custodio, Oscar Anibal Puerto, Juan Almendares
Bonilla and Hector llerMndez. These individuals had also received threats
on various occasions during the previous year.
201. According to the information received, the threats and intimidation
directed during the last few years against trade union members and people
active in the field of human rights suggested that they were the work of
clandestine groups operating in collusion with the armed forces and in
particular with Battalion 3—16.
E/GN.4/1991/36
page 50
202. The Special Rapporteur had also noted with concern that in some
recent cases the death threats had been carried out. On 4 July 1989,
Edgardo Rerrera, member of the Frente de Reforma Universitaria (FRU), had
been shot dead by two civilians. The most recent case was that of human
rights activist Reynaldo Zuiiiga who had been shot dead in San Pedro Sula
in January 1990.
203. In this connection, the Special Rapporteur appealed to the Government
to take all necessary measures to protect the lives of the above—mentioned
persons and requested any information in this regard.
204. On 17 July 1990, a letter was sent to the Government of Honduras
transmitting allegations that during the first half of 1990, a large number of
death threats were reported particularly against members of the Committee for
the Defence of Human Rights in Honduras (CODE ! !), university organizations and
peasant unions. Many of these threats were followed by extra—judicial
killings by unidentified individuals alleged to be linked to the armed forces
3—16 and G—2 (military security) battalions. In a number of cases, the
victims were first illegally detained and tortured, their homes often
ransacked. The following cases in particular were reported:
(a) Roberto Zelaya, the attack on whom was referred to above. The
individuals who threatened Roberto Zelaya with death told him to transmit
the same threat to the following human rights and trade union activists:
(i) Ramón Custodio, president of the Committee for the Defence of Human
Rights in Honduras;
(ii) Juan Almendares Bonilla, head of the Co—ordinating Committee of
Popular Organizations (CCOP);
(iii) Rector Hernández Fuente, president of the United Federation of
Honduran Workers;
(iv) Oscar Anibal Puerto, vice—president of the Committee for the Defence
of Human Rights in Honduras;
(b) Reynaldo Zui iga Cruz, regional president of the Committee for the
Defence of Human Rights in Honduras (CODEH) and leader of the National
Committee of Farmworkers (CNTC), was shot in the back and killed by an
individual dressed in civilian clothing in San Pedro Sula, department of
Cortez, reportedly for his activities in favour of peasant land rights;
(c) Denis Hernán Rodriguez Garcia, member of the Farmworker Organization
of Honduras, was detained on 20 March 1990 by members of the National
Direction of Investigation (DNI) of La Hermits, Talaga, department of
Morazán. He was then reportedly taken in an unmarked vehicle to the base of
the First Special Forces Battalion. His body was found bearing gunshot wounds
the following day near the Dulce river in Talaga.
205. On 7 December 1990, a letter was sent to the Government of Honduras
transmitting allegations that in 1990 politically motivated death threats
and killings had continued to occur affecting primarily individuals connected
to the Commission for the Defence of Human Rights in Honduras (CODE!!).
E/ON.4/1991/36
page 51
According to reports, acts were attributed to the armed forces or civilian
groups, made up in part of retired military personnel who operate with the
acquiescence of the authorities. The Special Rapporteur described the
following cases:
(a) Cases of death threats
(i) Antonfé Ortega; Hilario Aguilera: Since 19 May 1990, Antoniá
Ortega, wife of Rulario Aguilera, Secretary for International
Matters in the worker's union of the National Electric Energy
Company (STENEE) had been continually harassed. On 19 May 1990
a group of heavily armed men broke into their borne,
interrogated her about her husband's activities and threatened
her with death. Again on 29 May 1990, at about 12.30 p.m.,
she was accosted and threatened with death by individuals
travelling in unmarked vehicles and, according to reports,
using the tactics of the counter—intelligence military units;
(ii) Candelario Reyes Garcia: On 26 June 1990, Mr. Reyes, director
of the Peasant Theatre Group Central Hibueras, received death
threats from the high command of the Military Intelligence
Unit (1'ROMITEC) based in Santa Barbara, department of Yoro. In
addition, individuals reported to be members of the same
military unit fired shots around his home;
(b) Cases of killings
(i) Francisco Jévier Bonilla Medina: On 31 May 1990, Mr. Bonilla,
a worker at the Honduran Institute of Social Security ( 1 05 5)
and ex—president of the worker's union of the l aSS (SITRAIRSS),
was killed in the Puente El Chile section of Tegucigalpa by an
unknown individual following tensions between union members and
management of the State—run institution, and after having been
pursued by unknown individuals on a previous occasion and
having escaped twice from a paramilitary group;
(ii) Ramón Antonio Briceffo: On 3 June 1990, Mr. Briceflo, a
member of the University Reform Front (Frente de Ref orma
Universitaria (nu)), was found dead in the Kennedy—Llanos
Section of Tegucigalpa after having been threatened on prior
occasions by the Triple A of the United Democratic University
Front (Frente Unido Universitario Deniocrético (FUUD)), a group
alleged to be linked to State security forces;
(iii) Ramón de Jesi s Ruiz tiaradiaga: On 19 July 1990, Mr. Ruiz,
legal adviser for the Commission for the Defence of Human
Rights in Honduras (CODEN) and member of the Unity and
Innovation Party (PINU), was killed in unclear circumstances
at his home in La Ceiba, Atlantida by a weapon of 3.57 calibre
reserved exclusively for official use, after having been
threatened by the outgoing Commander of the 10th Infantry
Batallion of La Ceiba for his activities with CODER. us body
was found with bullet wounds and signs of torture. Authorities
concluded that he had committed suicide and no investigation
was carried out into his death.
E ICN.4 1199l/36
page 52
206. On 2 October 1990 a reply was received from the Government of Honduras to
the Special Rapporteur's letter of 17 July 1990 transmitting information into
these cases communicated to the Government as follows:
(a) Robert Zelaya; Raxnón Custodio; Juan Almendares Bonilla;
Hector llernéiidez Fuentes; Oscar Anibal Puerto: The courts conducted
investigations but could not find any formal complaints filed by the
aforementioned who claimed to have received death threats;
(b) Reynaldo Zu?iiga Cruz: An investigation was stated to be in progress
at the Third Criminal Court in San Pedro Sula. It also stated that no formal
complaint had been lodged;
(c) Denis Hern n Rodriguez Garcia (Nuffez): On 15 August 1990 the
Criminal Court of the department of Morazén decided to undertake a new
investigation to correct procedural errors in the investigation by the
magistrate of Talanga, Morazán.
India
207. On 30 March 1990, the Special Rapporteur sent a cable to the Government
of India regarding the information received that in the State of Jammu and
Kashmir more than 50 persons had been killed by security forces during
demonstrations in various towns between 21 and 30 January 1990, and on
1 March 1990 at least 29 persons had been killed during demonstrations in
Tenjura and Zakura in and near Srinagar. It was alleged that security forces
had opened fire indiscriminately and without warning at the demonstrators
including women and children.
208. In view of the continuing tense situation in Jammu and Kashmir, fears
were expressed that further incidents of deaths might take place. In this
connection, the Special Rapporteur, referring to article 3 of the Code of
Conduct for Law Enforcement Officials, adopted by General Assembly
resolution 341169 of 17 December 1979 and its coninentary stating that: “Law
enforcement officials may use force only when strictly necessary and to the
extent required for the performance of their duty”, appealed to the Government
to take all necessary measures in order to ensure that the right to life
be protected in every possible manner, and requested information on the
above—mentioned alleged incidents of deaths and also on the measures taken
by the Government to prevent further deaths.
209. On 6 July 1990, a letter was sent to the Government of India transmitting
allegations that over the past year many incidents of arbitrary and
indiscriminate shooting by the Central Reserve Police Force (CRPF) or the army
during demonstrations in Jammu and Kashmir State resulted in the death of a
large number of unarmed civilians. The Special Rapporteur received a list
of 48 persons allegedly killed in Srinagar and other towns by security forces
up to 1 January 1990. According to some sources, the number of victims bad
reached several hundred by May 1990. These incidents allegedly occurred in
the context of a political campaign by a number of local groups for
independence or separation from India. Since January 1990, increasingly
violent activities by several militant groups reportedly also resulted in
killings of civilians, particularly persons considered by the militants to
be “traitors”.
E/CN.4/1991/36
page 53
210. The following were described as examples of incidents of killings by the
security forces as reported to the Special Rapporteur:
(a) On 8 January 1990, in Srinagar, security forces opened fire and shot
at unarmed demonstrators of whom 16 were killed;
(b) On 20 January 1990, 20 persons were killed during raids of security
forces in the localities of Tankipona, Gurubazan, Habbakadal, Fatebkadal,
Zaiden Mohalla, Chotabazar, iCanikadal. and Shaheed Guni;
(c) On 21 January 1990, in Srinagar, the Central Reserve Police
Force (CRPF) killed demonstrators, including women and children. According to
an official account 60 persons died, but unofficial reports put the number of
deaths at over 200;
(d) On 21 January 1990, in Srinagar, 15 persons were killed when
military forces stormed a mosque;
(e) On 22 January 1990, during demonstrations, security forces killed
four persons in Shaheed Gani and Rhanyar and three persons in Anantnag;
U) On 22 January 1990, in Srinagar, some 100 demonstrators were killed
by the CRPF;
(g) On 23 January 1990, in Sonwan, security forces killed four persons
who reportedly were attempting to contact United Nations officials in order to
report human rights violations;
(h) On 26 January 1990, in Srinagar, over 400 persons were killed,
including 12 children and five women, when over one million people
demonstrated;
(i) On 1 March 1990, in Shalimar, Tengpura and Zakuna, 29 persons were
killed by security forces firing into the crowd during demonstrations. Also
at Tengpura, demonstrators returning home in buses were shot by the security
forces when they were ordered to get out of the buses;
(j) On 21 May 1990, unarmed civilians were killed near the Islamic
College in Srinagar when members of the CRPF opened fire indiscriminately on
mourners accompanying the body of Maulana Mohammad Farooq, the head priest of
Srinagar who had been shot dead by unidentified gunmen. Reportedly, official
figures indicated that 20 persons bad died immediately and 27 others later in
hospital. Unofficial reports put the number of deaths as high as 154.
211. Furthermore, it was alleged that in Punjab, in a situation of political
violence, 4,000 to 5,000 persons have been killed since June 1984 by the
police or armed forces during arrests or while in detention. It was also
alleged that the Punjab police issued in August 1989 an instruction to all
District Senior Superintendents of Police, sanctioning rewards for
“arrest/liquidation of wanted extremists/terrorists” with 53 names and
EICN.4 1199l/36
page 54
addresses of “terrorists” with the amounts of reward, thus granting members of
the police a free hand to kill. In addition to those already transmitted to
the Government, the following cases were received:
(a) On 15 May 1989, in Mandamarri, Adilabad district, Ramaswamy was
detained by the police, but his detention was denied in response to a
habeas corpus petition filed in the High Court. Later the police reportedly
stated that a dead body in the Dodavari river bed near the village of Ludanam
was identified as the corpse of Ramaswamy;
(b) On 21 June 1989, in Mania'na, Jahanabad district, Ram Swaroop Choudhry
and Vinay Yadab were killed by the police. The police reportedly stated that
they were two extremists killed in an encounter;
(c) On 6 July 1989, in Tibar prison, Uttam Singb died in his cell under
unknown circumstances;
(d) On 6 and 7 July 1989 respectively, Tittam Siaghin and Manmohan Singh
died in their cells in Tihar prison. Both men were arrested in 1988 by the
Crime Branch, on charges of possessing contraband. Manmohan Singh was in good
health the evening before his death when his wife visited him;
(e) On 16 June 1989, in Bham village, Batala, Srihargobindpur, the
bodies of Sarabjit, aged 14, and Salwinder, aged 13, were found in a
water—filled drain. According to the report, the two girls were abducted by a
member of the Punjab Armed Police and strangled to death after being raped;
(f) On 23 July 1989, Iculjit Singh Dhatt, village chief of Ainbala Jattan,
in the district of Hoshiarpur, was arrested while visiting his relative in the
village of Garbi, and was detained at the Tanda Police station. Her body was
later found in the Bias River showing signs of torture;
(g) On 16 June 1989, in Sharifpura, Amritsar, Jaswant Singb and his
three brothers were arrested by some 30 poLicemen and detained. While two of
his brothers were released 10 days later, Jaswant Singh who was produced in
the court following his arrest in an alleged encounter with the police, was
stated to have later escaped from police custody. Jaswant Singh was reported,
on 15 August 1989, to have been killed in an ambush while being transported by
the police in the area under the jurisdiction of Kathunangal police station.
In the ambush no policeman was reportedly injured. The body of Jaswant Singh
was not shown nor was it handed over to his family;
(b) On 18 November 1989, in Mnritsar, Parmjit Singh, aged 22, an
assistant to a cloth merchant, was caught and beaten by six policemen while he
was passing through Katra Ahluwala Market where there had been a bomb blast.
A furious mob then snatched Farmjit Singh from the policemen beating and
setting him on fire with kerosene. During the incident, the police neither
intervened to stop the assault nor sought reinforcements. Despite the plea by
the victim's family, autopsy was not held on the body of Parmjit Singh.
E/cN .4/l99l/36
page 55
212. In addition, during the past year, in various parts of the country,
several persons allegedly died in police custody as a result of torture.
The following incidents were described:
(a) On 15 February 1989, in Khopoli, Raigad district, Mabarashtra state,
Jaggu Lakshznan Chavan, aged 30, was arrested at his home by policemen from
Palton Road police station, Bombay. Jaggu Lakshman Chavan died at Panvel
municipal hospital on 3 March 1989 while in the custody of the Panvel police;
he had been brought to the hospital from the police station the previous day.
His family was not informed of his death until 5 March when his relatives saw
his body at the hospital, swollen and covered with weals and bruises;
(b) On 2 May 1989, Mtihar Gazi, aged 50, an activist of the Communist
Party of India from Khoronpur village, Bengal state, was arrested and taken
to the Hasnabad police station. On 13 May 1989, his death was officially
acknowledged. According to the report, he died as a result of torture in
police custody;
(c) On 19 October 1989, in Uttar Pradesh state, Din Prakesh, aged 25,
died in police custody at Geeta Colony police station. The police stated
that Din Prakesh committed suicide shortly after having been brought in for
questioning. The body of Om Prakesh was said to have been cremated hurriedly
after a routine post mortem . No inquest into the circumstances of his death
was known to have been held.
213. On 5 November 1990, a letter was sent to the Government of India
transmitting allegations of incidents of killings in Jannu and Kashmir state
by members of the Border Security Force, as follows:
(a) On 7 August 1990, in Mashali Mohala ilawal, Srinagar, at least
10 persons were shot by members of the Border Security Force (BSF) who
forcibly entered seven private houses at around 10.30 p.m. Six persons died
on the spot and four others died later. It was alleged that the members of
the BSF carried out the killings in retaliation for an attack on one of their
patrols in the area shortly before. The victims were said to include a
70—year—old man and a 7—year—old boy. Although the Governor reportedly
announced later that an investigation into the incident had been ordered and
that charges of murder and arson had been brought against the Director General
of the BSF in connection with the incident, the outcome of the investigation
was not yet known to have been made public;
(b) On 1 October 1990, in Handwara, Kashmir, at least 15 civilians were
killed by members of the BSF in retaliation for the murder of one of their
colleagues by a group of armed men advocating the secession of Jannu and
Kashmir State from India. The victims were said to include Gulan Rasool Malik,
a former legislator of Jannu and Kashmir State Assembly, who was dragged out
of his house by members of the BSF and shot and also Gulan Nabi Shapoo, who
was killed in the similar manner. In addition, one policeman was reportedly
killed when he tried to stop the BSF from setting fire to local buildings.
214. On 28 November 1990, another letter was sent to the Government of India
transmitting allegations that during the 32 months of the presence of the
Indian Peace Keeping Forces (IPICF) in the north—eastern part of Sri Lanka
under the Indo—Sri Lanka Accord signed in July 1987, a large number of unarmed
E/CN.4/ 199 1/36
page 56
civilians were killed in a suninary manner by members of the IPKF, or by Tamil
groups allied to the IPKF and acting with their acquiescence. In addition to
the alleged incidents of killings by the IPKF already transmitted to the
Government, a report on the following incident was received:
On 2 August 1989 in Valvettitturai, 52 persons were shot dead by
IPICF soldiers when soldiers rampaged through the town, shot at residents
and set fire to houses and other properties. The victims included
Vengadasalam Subramaniam, aged 60, S. Illayaperumal, aged 70,
Rajaguru Javanaraj, aged 11, Aathy Sundareswaran, aged 11. The attack
was said to be the reprisal for the LflE Valvettitturai market ambush on
an IPKF patrol in which six soldiers were killed.
215. On 23 July 1990, a reply was received from the Government of India to
the Special Rapporteur's cable of 30 March 1990 transmitting information on
the alleged killing of more than 50 persons by security forces during
demonstrations in Jammu and Kashmir , It was stated that while some deaths had
occurred in certain towns of Jammu and Kasbmir when security forces opened
fire against demonstrators, the action taken by security forces was a last
resort in self—defence and to protect public property against heavy
stone—pelting and even firing and bomb attacks. The actions taken were
completely in accordance with article 3 of the Code of Conduct for Law
Enforcement Officials since force was used only when it was strictly necessary
and to the extent required for the performance of their duty.
Indonesia
216. On 14 March 1990, the Special Rapporteur sent a cable to the Government
of Indonesia regarding the information received that six persons who had been
reportedly under sentence of death for their membership of the Conununist Party
of Indonesia (PCI) and for their involvement in the attempted co up of
October 1965 or the Blitar rebellion of 1967, might be facing inninent
execution. It was further reported that those who had appealed for
presidential clemency had been informed that their appeals had been rejected.
Their names were given as follows: Ruslam Widjayasastra, Sdkatno, Iskandar
Subekti, Asep Suryaxnan, I. Bungkus, Mareudi.
217. In this connection, the Special Rapporteur, referring to his cables
dated 3 June 1985 and 7 November 1988 in which he had appealed to the
Government for the life of those sentenced to death for their involvement in
the above—mentioned coup attempt and rebellion and having taken note with
appreciation of the replies received from the Government, repeated his earlier
appeals to the Government to spare the lives of the above—mentioned
six persons.
218. On 26 July 1990, a letter was sent to the Government of Indonesia
transmitting allegations that during the past year in Acheh, Sumatra, several
civilians were killed in a summary manner by Indonesian soldiers, for their
suspected support and sympathy for the Acheb/Sumatra National Liberation Front.
219. The following cases were described:
(a) On 20 January 1989, Yusuf Ahmad, a farmer in the village of Truseb,
province of Pidie, was shot dead at his home by members of the Indonesian army;
E/CN.4/1991/36
page 57
(b) On 14 February 1989, Yunus Abdullah, 53, a farmer in the village of
Labo Adang, was arrested and tortured by the army at the Lammeulo barracks.
He died a few days after his release allegedly as a result of torture;
(c) On 2 May 1989, Zainuddin Faqih, 45, a businessman in the village
of Truseb, province of Pidie, was shot dead in his house by members of the
Indonesian army;
(d) On 12 June 1989, Pawang Ibrahim Puteh, 51, a farmer in the village
of Tjubo, province of Pidie, was arrested and tortured at the army barracks in
Lanneulo. On 15 June, he was brought to the village of Blang Keudab, where he
was executed by the army;
(e) On 20 November 1989, in the town of Geulumpang Duwa, North Acheh,
three young men were attacked and shot at their workplace by Indonesian
soldiers in civilian clothes, resulting in the death of Zulkifli Hamid,
aged 25, and Bakhtiar Ibrahim, aged 27;
(f) On 9 September 1989, iladji Tjut, 63, a businessman from the town
of iCruëng Geukuëk, North Acheh, Sumatra , was arrested and tortured in the
Jalan Gandhi jail in Medan. Later his family received his clothes: this
was said to be a customary indication of his death;
(g) On 15 January 1990, Muhammad Tusuf Sulaiman, aged 22, was shot dead
at Lhok Seumawè Indonesian Military Prison;
(h) On 20 January 1990, Bukhari Abdul Rabman, aged 26, was shot dead at
Lhok Seumawè Military Prison;
(i) On 5 February 1990, Zulkifli Abdul GeM, aged 24, was shot dead at
Lhok Seumawè Military Prison;
(j) On 5 February 1990, Zakaria Ibrahim, aged 23, was shot dead at
Lbok Seumawè Military Prison;
(k) Hasbi Ismail, aged 25, was shot dead by the Indonesian army in the
market—place of the town of Fenton Labu;
(1) On 15 February 1990, Anwar A. R. All, aged 24, was shot dead in
Lhok Seumawè Military Prison;
(m) On 20 February 1990, Ibrabim Gayo, aged 25, was killed by the
Indonesian army by drowning him in the sea off Lhok Seumawè, after members of
the Indonesian army put him in a sack with both of his hands and both of his
feet being tied together with ropes. Reportedly be was thrown into the sea
and then dragged by an Indonesian naval boat until he died of suffocation.
220. In addition, it was alleged that in East Timor several persons were
killed by army troops for their suspected sympathy for Fretilin (F'rente
Revolucionario de Timor Leste). The following two cases were reported:
(a) In January 1989, Josef ma Facungo was raped and killed by army
troops near Poros after the troops had forced her to accompany them into the
jungle in search of her husband, an alleged Fretilin supporter;
E/CN.4/199 1/36
page 58
(b) In June 1989, three unarmed young men were killed by Government
forces while cutting wood outside the permitted timbering area near Ossu.
The three were accused of being Fretilin spies, tied together and shot dead.
221. Furthermore, it was alleged that during the past year a number of persons
died in custody as a result of torture or due to harsh prison conditions.
Following are some examples of such allegations:
(a) In April 1989 Iwan Nirwana, a criminal suspect, died in police
custody in Cianjur as a result of torture. In September 1989, another
criminal suspect, Didin Tajudin, died in custody. His body reportedly was
covered with open wounds and bruises. The police allegedly stated that he had
committed suicide. No official inquiries into these deaths were known to have
been conducted;
(b) In January 1989, Gustav Tanawani, convicted in 1984 of subversion,
died in custody at Madiun jail after his requests for medical treatment were
repeatedly denied;
(c) In September 1989, two prisoners died at the Kalimantan Timur prison
due to harsh conditions.
222. On 6 November 1990, another letter was sent to the Government of
Indonesia, transmitting alleged cases of killings of villagers in East Timor
by Government forces as follows:
(a) On 13 August 1989, in Leotelo , Nunumogue, Francisco Magno, son of
Larinanu and Bemali was shot dead by soldiers;
(b) On 29 March 1990, in Tua—Metan, Candido Ainaral, aged 39, from
Lalerek—Mutin was executed by firing squad. Allegedly he was arrested on
28 March and tortured together with three others by members of the security
forces for suspected links with Fretilin.
223. On 29 May 1990, a reply was received from the Government of Indonesia
to the Special Rapporteur 's cable of 14 March 1990 concerning the alleged
imminent execution of six persons under sentence of death, stating that news
about the purportedly imminent executions of the six persons convicted for
their involvement in the abortive c oup attempt in 1965 was based on inaccurate
information and presumptions, and that the six persons in question were still
in detention awaiting the finalization of due process of law in their
respective cases.
224. It was further stated that their guilt and direct involvement in the
act of treason against the State and its lawful institutions had been proven
beyond doubt through fair and public trials in full accordance with Indonesian
criminal law and procedures, that all of them, regardless of their former
professions, had been given the right to appeal through the High Courts as
well as the Supreme Court in accordance with existing legal procedures and
that they had also been given subsequent opportunities to plea for clemency.
E/ CN . 4/ 1991/36
page 59
225. It was also stated that, as clarified in the Government's reply
of 4 January 1989 on a similar case, the seemingly long delay in the process
of law should be seen in the light of the massive scale on which the abortive
coup attempt took place which involved several thousand people, and that the
presence of those already convicted and sentenced was required as material
witnesses in related trials held throughout the country.
226. On 9 July 1990, a letter was received from the Government of Indonesia,
to the Special Rapporteur's letter of 15 December 1989, (see E/cN.4/l990/22,
para. 240) stating that due to a similarity of names, a mistake was made and
that “Felix Ximenes” should read “Joaquim Ximenes”.
227. On 27 September 1990 a reply was received from the Government of
Indonesia to the Special Rapporteur's letter of 26 July 1990 transmitting
information on cases as follows:
(a) Civilians allegedly killed in a summary manner by Indonesian
soldiers for suspected support and sympathy for the Acheh/Sumatra National
Liberation Front: (i) Buichari Abdul Rabman was currently under police custody
for interrogation; (ii) Zulkif ii was also currently under police custody;
(iii) Ibrahim Gayo remained under police custody. Among those killed in
shootouts during military operations to restore peace and public order in the
Province of Acbeh were the following criminal gang members: (iv) Tusuf Ab,
believed to be a leader of a band, on 1 July 1990 as he defied arrest;
(v) Tenku Iskandar, Muhannad Elyas Syabrul and N. Anwar who were killed in
separate shootouts after they shot innocent civilians and refused to surrender
to authorities;
(b) Persons in East Timor alleged to have been killed by army troops for
suspected sympathy for Fretilin (Frente Revolucionario de Timor Leste). The
following information on cases was transmitted:
(i) Josephine Ximenes — not Josephine “Facungo”, aged 30, was found dead
on 29 January 1990 at 12.00 p.m. in Poros, an area restricted for
security reasons and where she was believed to have maintained
contacts with elements creating disturbances;
(ii) Uato Naha, aged 39, and Raul da Silva, aged 32, were killed on
31 May 1989 at 10.00 a.m., in Ossu Liquimeta, by security personnel
after defying arrest in a restricted area;
(c) Persons who allegedly died in custody as a result of torture or
harsh prison conditions:
(i) Iwan Nirwana, aged 21, under police custody in Pacet prison in
West Java between 14 March 1989 and 9 April 1989, died as a result
of a pre —existing illness. Reports of torture or maltreatment were
groundless;
(ii) Didin Tajudin, aged 28, of Kampung Hardjalaksana, the village of
Neglasari, Cianjurwest Java, committed suicide on 17 September 1989
in his prison cell. This was confirmed by the district physician
who examined the body;
E/CN .4/1991/36
page 60
(iii) Gustav Tanawani, alias Harold Smith, aged 34, died on 8 January 1989
from an inflammation of the lung tissue affecting the heart after
having reported to the prison clinic on 4 January. While in custody
his right to physical and mental integrity was protected in
accordance with applicable rules and regulations; therefore
allegations of denial of medical treatment were unfounded.
Iran (Islamic Republic of )
228. On 26 January 1990, the Special Rapporteur sent a cable to the Islamic
Republic of Iran concerning the allegation that 900 persons among 14,000 said
to have been arrested since March 1989 for drug—trafficking were facing
execution. According to the information, since the beginning of 1989, a large
number of persons, said to have been convicted of non—political of fences such
as drug-trafficking, murder, rape and armed robbery had been executed after
suxwnary trials under instructions to the judiciary to speed up the punishment
of crime. Defendants allegedly had no right to call witness in their defence,
to legal representation nor had they had any effective right to appeal against
the verdict or sentence. It was alleged that most recently, on
10 January 1990, 31 drug—traffickers had been executed.
229. In this connection, the Special Rapporteur referred to article 6 of the
International Covenant on Civil and Political Rights to which the Islamic
Republic of Iran was a party, in particular to article 6, paragraph I, stating
that “every human being has the inherent right to life”, that “this right
shall be protected by law” and that “no one shall be arbitrarily deprived of
his life t ', and to article 14 of the same Covenant which provided for the
rights of the defendant, including the right to obtain the attendance and
examination of witnesses on his behalf under the same conditions as witnesses
against him, the right to have legal assistance and the right to appeal to a
higher tribunal. He appealed to the Government to take all measures to ensure
that the right to life of the 900 persons be protected.
230. On 27 April 1990, another cable was sent to the Government of Iran
concerning information received that according to a report by IRNA, an Iranian
News Agency, on 26 April 1990, “several people arrested for spying for the
United States would be hanged in the next few days” and that these prisoners
were 10 persons sentenced to death by an Islamic Revolutionary Court.
231. According to the report, proceedings before the Islamic Revolutionary
Court had not guaranteed the rights of the defendant as provided for in
article 14 of the International Covenant on Civil and Political Rights to
which the Islamic Republic of Iran was a party. It was further alleged that
prisoners bad been held in indefinite inconmiunicado pre—trial detention where
they had been often subjected to torture.
232. The Special Rapporteur, expressing his serious concern with the
above—mentioned reports of inmiinent execution of the 10 prisoners, appealed
to the Government to ensure that the right to life and other rights of the
defendants be protected in every possible manner, and requested, urgently,
information concerning the above—mentioned cases and in particular the trial
proceedings in which they might have been sentenced to death.
E/CN.4/ 199 1/36
page 61
233. On 11 May 1990, another cable was sent to the Government of Iran
referring to the Special Rapporteur's appeal of 27 April 1990 concerning a
group of persons who, according to a report by IRNA of 26 April 1990, “were
arrested for spying for the United States of America and would be hanged in
the next few days”, by which a list of 11 names was transmitted.
234. Furthermore, the Special Rapporteur brought to the attention of the
Government that in the reports he had received in the last few days, it had
been again asserted that the rights provided for in articles 6 and 14 of the
International Covenant on Civil and Political Rights and in safeguards 5 and 6
of the annex to Economic and Social Council resolution 1984/50 entitled
“Implementation of safeguards guaranteeing the rights of those facing the
death penalty” had not been respected by the tribunals issuing the death
sentences.
235. In this connection, the Special Rapporteur addressed to the Government an
urgent appeal to ensure that all rights of these persons as stipulated in the
International Covenant on Civil and Political Rights to which the Islamic
Republic of Iran was a party and, in particular, their right to life be fully
protected, and to inform him of the measures taken in this regard. Should all
legal remedies to which the defendants were entitled in accordance with the
above—mentioned instruments be exhausted, he appealed to the Government to
favourably consider granting clemency so as to spare the lives of these
persons.
236. On 12 Nay 1990 another cable was sent to the Government of the Islamic
Republic of Iran concerning Mr. Khalil Nahai, said to have been arrested one
year before. According to the information, Mr. Nahai was said to be facing
execution shortly and it was alleged that due process of law, which would
guarantee the rights of persons accused before an independent tribunal, might
not have been respected.
237. In this connection, the Special Rapporteur emphasized that the tight
to life is a most fundamental and crucial human right and appealed to the
Government to ensure that no execution would take place, especially if such an
execution was the result of a summary trial or any other procedure in which
the rights of the individual were not fully protected. He also referred to
articles 3, 10 and 11 of the Universal Declaration of Human Rights and to
articles 6 and 14 of the International Covenant on Civil and Political Rights
to which Iran is a party.
238. On 14 June 1990, the Special Rapporteur sent a letter to the Permanent
Observer of Switzerland to the United Nations Office at Geneva referring to
the assassination of Dr. Kazem Radjavi, an Iranian national residing in
Switzerland, which took place on 24 April 1990 in the outskirts of Geneva.
239. The Special Rapporteur, having received several allegations that
Dr. Radjavi, a leading member of an organization opposing the Government of
the Islamic Republic of Iran, might have been killed by agents acting under
the orders of that Government, stated that, while the Swiss authorities assume
the primary responsibility of carrying out investigations into this case of
killing which occurred within the territory under their jurisdiction, he,
under the mandate entrusted to him by the Commission on Human Rights, was
obliged to examine the case in regard to the above—mentioned allegations.
E/cN4/ 1991/36
page 62
240. In this connection, he requested the Government of Switzerland to provide
him with any pertinent information concerning the case in question.
241. On 26 July 1990, a letter was sent to the Government of the Islamic
aepublic of Iran transmitting allegations that during the past year supporters
and suspected supporters of the People's Mojahedin Organization, and other
civilians were executed, often after having been tortured. In several cases
no trial was allegedly held before the execution and even when there was a
trial, the defendants were not granted the right to legal counsel, the right
to call witnesses nor the right to appeal to a higher tribunal.
242. Among those allegedly executed the following names were given:
(a) At Evin prison in Tehran: Rahman Khodabakhsi, on 21 January 1990;
Mansoun Bashiri, aged 25, on 20 February 1990; Sayyed Ali, on 19 January 1990;
(b) In Rasht: Atta Nik—Bakhsh, in February 1990; Massoud Rousta,
in February 1990; Mohannad Raujbar, aged 28, on 20 February 1990;
(c) In Adel—Abad: Mina Salati, aged 24, in September 1989;
( a) In Tabriz: Ycussef Razavi, on 7 January 1990; Reza Rastegar,
on 7 January 1990; Rahim Ghadaksaz, aged 21, on 7 January 1990;
(e) At Ghezel Hessan prison in Tebran: Hossein Azar Zamzam, aged 21,
in December 1989;
(f) In Nashad: Rassan Saffaran, aged 48, in January 1990;
(g) In addition, on 19 February 1990, in Tehran and other cities,
30 persons were reportedly executed in public.
243. Furthermore, it was alleged that. on 24 April 1990, in the outskirts of
Geneva, Switzerland, Dr. Kazem Radjavi, a leading member of the People's
Mojahedin of Iran, was assassinated by agents acting under the orders of the
Iranian Government.
244. On 12 December 1990, another letter was sent to the Government of the
Islamic Republic of Iran, stating that the Special Rapporteur had, during 1990,
received numerous allegations of executions. During the period January to
October 1990 some 550 executions were reported by non—governmental sources
as officially announced executions. A list provided by the Government of
executions carried out between 21 March and 8 October 1990, reproduced in
Appendix X of the report of the Special Representative on the situation of
human rights in the Islamic Republic of Iran to the forty—fifth session of the
General Assembly (A 145/697), indicated 113 names of persons executed in Arak,
Azarshahr, Bakhtaran, Borazjan, Boushehr, Eslamsbabr, Lavasanat, Mashad,
Mianeh, Najaf—Abad, Qom, Roudehen, Shiraz, Tehran and Zahedan.
245. It was also alleged that executions for drug trafficking off ences had
increased greatly since January 1989. On 21 January 1989 a new law on drug
trafficking went into force, which provided for a mandatory death sentence for
anyone found in possession of more than five kilograms of hashish or opium, or
E/CN.4/l991/36
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more than 30 grains of codein, heroin, methadone or morphine. Between
January 1989 and July 1990 over 1,100 people were allegedly executed for drug
trafficking, in some cases combined with other charges. It was alleged that
this figure rose sharply following an announcement at the end of August 1990
by the President of the Supreme Court that a special system was being set up
to deal rapidly with drug trafficking cases and to ensure that convicted
traffickers would be hanged within 15 days of arrest. In Mashad alone at
least 113 persons were said to have been executed since September 1990. In
various other cities including Tabriz, Kerznansbah, Zahedan, Zabol, Mashad and
Gorgan, more than 100 persons Were reportedly executed during the last week of
October 1990. It was alleged that among those executed for drug trafficking
were a number of opponents or suspected opponents to the Government.
246. It was also reported that as of January 1990 several persons have been
executed for their homosexual or lesbian tendencies. At least five such
executions were said to have taken place in 1990.
247, The above—mentioned executions were reportedly accompanied by a number
of executions for other offences: activities against the security of the
country, spying, co—operation with armed rebels as well as cases of common
crimes such as murder, armed robbery, kidnapping, rape and adultery. It was
asserted that the death penalty was very broadly applied, frequently to
vaguely defined of fences which did not involve murder or serious bodily harm
constituting the “most serious crimes” as referred to in article 6,
paragraph 2, of the International Covenant on Civil and Political Rights.
248. Executions of political opponents allegedly continued in 1990. However,
the number of reported executions for political reasons were inferior to the
numbers alleged in the three previous years. Some of the executed had been
re—tried while serving prison sentences or had already completed their terms
of imprisonment at the time of their execution.
249. The majority of executions were reportedly carried out by hanging, often
in public. It was said that such executions took place on purpose—built
gallows, or the prisoners were hauled up by the neck by a crane or pulley,
leading to a slower death by strangulation. In a few cases execution methods
reportedly included stoning to death and beheading. A number of the condemned
prisoners, prior to their execution, were allegedly subjected to torture. In
the case of political opponents, executions were said to have been carried out
secretly within prison compounds.
250. According to the information received, trials by which the defendants
were sentenced to death were of a sununary nature, without the safeguards
designed to ensure a fair trial, as provided for in articles 6 and 14 of the
International Covenant on Civil and Political Rights to which the Islamic
Republic of Iran is a party. Although the judicial authorities of the Islamic
Republic of Iran stated in their response of 5 June 1990 to the Special
Representative on the situation of human rights in the Islamic Republic of
Iran that the defendants tried by the Islamic Revolutionary Court were
entitled to appoint legal counsel and could defend themselves during the
trial, the absence of lawyers in practically all reported cases constituted
a major deficiency in the procedures of the revolutionary courts.
E/UN.4/l991 136
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251. It was also reported that trials before Islamic revolutionary courts
usually took place in secret, sometimes inside prisons, and that hearings
before such courts in many instances took place in a matter of minutes only.
Other major shortcomings in the procedures of revolutionary courts were said
to have consisted in the denial of the right of the accused to call witnesses
in their own defence, and in the fact that an appeal procedure guaranteeing
the rights of the accused in conformity with article 14 (5) of the
International Covenant on Civil and Political Rights and the Safeguards
Guaranteeing Protection of the Rights of those Facing the Death Penalty,
adopted by the Economic and Social Council in 1984, were not available to
the defendants.
252. Allegations on concrete cases of executions of a sunnary or arbitrary
nature carried out in the past several months were reported as follows:
(a) On 10 October 1989, Hassan Saffaran was executed without trial;
(b) In October 1989, flavoud Mohammadi, a veterinarian in Arak, was
executed on charges of drug trafficking. However, the real reason for his
execution was said to have been his opposition to the Government;
(c) In November 1989, the family of Amir Taavoni—Ganji, who had been
arrested in 1988 on his return to Iran for a short visit and detained at
Evin prison, was told by the prison authorities to collect his clothes and
other belongings, as he had been executed;
(d) It was reported on 16 January 1990 that a 31—year—old woman
convicted for prostitution had been stoned to death in Bandar Anzali;
(e) It was reported on 31 January 1990, that the Komiteh Connander of
the Province of West Azerbaijan announced that a ring of persons engaged in
prostitution and corruption had been arrested and five of them had been stone
to death;
(f) On 14 February 1990 a judicial panel sent to Hamadan on behalf of
the Head of the Judiciary reportedly issued the following sentences:
(i) Gbolamhossein Go lzar, 27 years old, a dismissed employee of the
Agricultural Bank of ilamadan: 74 lashes for coimoitting robbery;
92 lashes for participation in a forbidden act, and decapitation by
the just sword of the Imarn A u;
(ii) Gholamhassan Goizar, aged 28, a dismissed employee of the Hamadan
Municipality: 74 lashes for committing robbery; 74 lashes f or
participation in a forbidden act, and decapitation by the just sworc
of Imam A u;
(iii) Reza IChanian, 23 years old, a fruit and vegetable centre clerk:
74 lashes for committing robbery; 50 lashes for participation in a
forbidden act; amputation of hand for committing assault and batter)
and hanging by scaffold;
(g) It was reported on 15 February 1990, that Gholam Reza Masouri was
hanged in Arak for pederasty;
E/CN.4/l99 1/36
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(h) On 3 April 1990, Abbas Raissi, a navy officer stationed in
Chah Bahar, arrested in September 1989, was executed in Zahedan prison.
According to information received, his arrest, together with some other
persons including his nephews and brother, Mohammed Karim Naroui, related to
his association with an opponent to the Government who had been smuggled out
of Iran. Mohammed Karim Naroui was reportedly executed on 28 January 1990, in
Zahedan prison, after having been sentenced to death on the previous day.
Although the Government 's reply of 26 April 1990 to the Special Representative
of the Commission on Human Rights on the situation of human rights in the
Islamic Republic of Iran stated that he had been condemned to death on charges
of espionage and that the death sentence was carried out after due process of
law, details of his trial proceedings were not provided;
(i) On 17 and 27 April 1990, in Sanandaj, 18 persons, who had been
arrested for their participation in May Day celebrations in 1989, were
executed. Fourteen names were given as follows: Mehdi Bolur—Forush,
Jamal Cheragh—Disi, Nader Fat ‘hi, Seid Saleh Hosseini, Naser Jalali,
Ahmad Mohamadi, Ali Ashraf Moradi, Mohsen Othman Pour, Abmad Parvizi,
Mohamad Rozaii, Naser Sobhani, Anvar Shariati, Roya, Bakbtiari;
(j) On 3 October 1990, Mahmoud Khan—Darabi was executed in lcermanshah;
( Ic) The following four persons were said to have been executed in 1990
while serving prison sentences or after having completed prison sentence:
(i) Javad Rahmanian, arrested in summer 1981 and released in 1985, was
executed in Jabrom, Ears province;
(ii) Massoud Keshavarz, arrested in Rasht, Gilan province, in 1981, was
executed after having been imprisoned for nine years in Rasht, Evin
and Qezel—Hessar (Karaj) prisons;
(iii) Davood Salahshour, aged 31, was executed in Tehran after serving
six years of a nine—year sentence;
(iv) Hassan Salari—Hajiabadi was executed on 20 April 1990, while serving
his sentence of imprisonment;
(1) Mohaninad Heydari was executed without trial in Gachsaran in 1990.
253. Cases of assassination outside the country, allegedly by agents of the
Government, were also reported. Among such incidents were the following:
(a) On t June 1989, Atayollah Byabmadi, a former colonel in the Shah's
Intelligence Service, was shot dead in Dubai, in the United Arab Emirates;
(b) On 13 July 1989, Dr. Abdul Rahman Ghassemlou, leader of the Kurdish
Democratic Party of Iran, was killed in Vienna together with two companions.
In November 1989 the Austrian authorities issued arrest warrants for Iranian
Government agents who had left Austria or gone into hiding in the Iranian
Embassy in Vienna after the killings;
(c) In August 1989 a member of the Central Committee of the Community
Party of Iran, Babman Javadi, was killed in a street in Cyprus;
E/GN.4/1991/36
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(d) On 22 October 1990, Professor Cyrus Elahi, a member of the Flag of
Freedom Organization of Iran, was shot dead at his Paris home. He was found
with numerous bullet wounds to the head. He had allegedly received repeated
death threats;
(e) With regard to the assassination of Mr. Kazem Rajavi which was
communicated to the Government by the Special Rapporteur's letter of
26 July 1990, it was stated in a press release issued on 22 June 1990 by
the magistrate of the Canton of Vaud (le juge d'instruction cantonal) that
the investigation bad disclosed that 13 persons were implicated in the
assassination and that all of them carried Iranian official passports with
a description “chargé de mission”.
254. On 28 May 1990, a reply was received from the Government of the Islamic
Republic of Iran to the Special Rapporteur 's cable of 12 May 1990 concerning
the alleged imminent execution of a person named IChalil Nahai, stating that
more information on the case would be required for further investigation. The
Special Rapporteur requested the source for further information on the case.
By the time of preparation of this report, no such information had been
received from the source.
255. On 31 May 1990, a reply was received from the Government of the Islamic
Republic of Iran to the Special Rapporteur's cable of 27 April 1990, stating
that according to article 37 of the constitution of the Islamic Republic of
Iran and as contained in the second paragraph of article 14 of the
International Covenant on Civil and Political Rights, no person shall be
considered guilty by law unless the accusation against him is proved by a
competent court and the courts are naturally obliged to act accordingly, that
in the light of information received by the Islamic Revolutionary Court, those
people were arrested and tried in accordance with law and that they were
entitled to appoint an attorney and they duly and freely defended themselves
during the trial.
256. It was further stated that the sentences issued in accordance with the
law could be reviewed in the Supreme Court, that after the issuance of the
verdicts all the accused requested for a review by the court of appeal and
that the verdicts of two of the accused were referred to another court for
re—examination.
257. It was also stated that as the Special Representative of the Conunission
on Human Rights on the situation of human rights in the Islamic Republic
of Iran mentioned in his report to the Commission on Human Rights
(E/cN.4/l990/24, para. 245), the trials in all courts including the
revolutionary courts were guaranteed by due process of law.
258. On 6 June 1990, a reply was received from the Government of the Islamic
Republic of Iran to the Special Rapporteur's cable of 26 January 1990, denying
the allegation of the imminent execution of 900 drug traffickers. It was
stated that, according to the judicial procedures of the Islamic Republic of
Iran, the accused should go through different stages of trial and after the
issuance of the verdict by the court, it was to be implemented in due time and
that the allegation, therefore, that the 900 persons (drug traffickers) were
E/ cN .4/199l/36
page 67
waiting for execution was baseless. While rejecting the allegation of summary
trials of criminals and drug traffickers, it was emphasized that by examining
the files of those who were tried in special courts for drug trafficking and
were condemned to death, the period of their trial took at least seven months
and at most four and a half years, proving the allegation of summary trials
groundless. It was stated that there were exceptional cases which were not
related to drug trafficking but heinous and abominable crimes against the
morals of the society, and that in such cases, instruction was given to the
judiciary to speed up the trials while taking into account all regulations and
procedures in accordance with law.
259. It was further stated that the right of the accused to hire a legal
counsellor for defence in court procedures was recognized in the judicial
system of the Islamic Republic of Iran and that in case the accused for one
reason or another was unable to do so the court was obliged to hire a counsel
for him or her on condition that the former accepts to defend the latter.
260. It was also stated that after the issuance of the verdict the accused had
the right of appeal and the court was compelled to review the verdict and that
in addition the head of the Supreme Court and Attorney—General could review
the case. Therefore, it was stated that the allegation regarding the absence
of right of the accused to ask for a review of the verdict was not valid.
261. The reply requested the Special Rapporteur to communicate to the
Government any particular allegation with regard to a person or persons, so
that more detailed investigations could be conducted and the results could be
conununicated to him.
262. On 19 December 1990, a reply was received from the Government of the
Islam ic Republic of Iran to the Special Rapporteur's letter of 26 July 1990
referring to the assassination on the outskirts of Geneva, Switzerland, of
Dr. Kazem Radjavi allegedly by agents acting under the orders of the Iranian
Government. The reply stated that the Government had condemned this act of
murder despite numerous terrorist and murderous activities conusitted by the
group represented by the deceased, noting that journalists who had made the
same slanderous allegations as the Special Rapporteur had legally been charged
on the basis of the Swiss Penal Code. The reply further protested the letter
of the Special Rapporteur, demanding innediate rectification of the same,
adding that the Special Rapporteur's letter of 26 July had not been sent to
Tehran owing to its serious slanderous allegations.
263. On 3 January 1991, another reply was received from the Government
of the Islamic Republic of Iran to the Special Rapporteur 's cable of
27 April 1990 informing him that Batunan Agahy, Jamshead Amiry Bigvand,
Rooshang Amjadi Bigvand, Manoucher Azar, Masoud Deadehvar, Kyanoosh Hakeany,
Gabrainan Malekzadeh and Masoud Payaby had been imprisoned for their crimes
and were enjoying full constitutional rights. Their relatives had been
informed of their respective situations. The reply stated further that
Ardeshear Ashraf, Bahram Ikany and Heshmatollah Magsoody had been charged with
espionage activities. Following the implementation of a full and complete due
process of law, they were convicted of the charges and the final verdict, the
death sentence, had been carried out accordingly.
E/CN.4/199l1 36
page 68
264. On 4 January 1991, another reply was received from the Government
of the Islamic Republic of Iran to the Special Rapporteur's letter of
12 December 1990 noting the issue about which a protest had been made by its
letter of 19 December 1990 and which the Government had addressed publicly by
its response to the press release of the magistrates of the Canton of Vaud of
Switzerland.
265. The reply stated that the holding of any sort of passport by any number
of persons did not constitute an allegation, noting further that all
investigations by the Swiss authorities into the issue in question had been
inconclusive. The reply therefore deplored, although in a modified manner,
the Special Rapporteur's reference to this matter as an allegation which had
serious legal bearings in an official correspondence.
266. The reply also noted that among the other cases cited in the Special
Rapporteur's letter of 26 July 1990, those which were referred to as
allegations of suninary or arbitrary executions falling within the Special
Rapporteur's mandate were not valid. The reply referred the Special
Rapporteur to detailed information which had been provided to the Special
Representative on the situation of human rights in the Islamic Republic of
Iran, adding that it did not seem appropriate that the same information should
be presented as allegations by two representatives of the same Coninission on
Human Rights simultaneously.
267. In addition, the reply stated that the letter of the Special Rapporteur
advanced allegations based upon information from the most unreliable sources.
Moreover, on the cases of assassination, it was stated that the Government of
the Islamic Republic of Iran condemned any act of terrorism and assassination
and that the cases, which bad been mentioned in the letter, most likely had
occurred as a result of an internal power struggle in the associated
organizations or groups.
268. Finally, the reply noted that Mr. Ghasemloo was killed while in the
process of reconciliation with Iran, a matter which, it was stated, had
angered certain terrorist groups. No specific information was available on
other cases of assassination mentioned in the letter. The reply demanded,
therefore, that the Special Rapporteur should provide substantial evidence to
justify his reference to these cases as allegations and should otherwise take
inunediate steps to rectify the situation.
I rag
269. On 8 February 1990, the Special Rapporteur sent a cable to the Government
of Iraq concerning the information that large numbers of persons, including
unarmed civilians and army deserters had been killed or wounded as a result
of military attacks by government forces in southern Iraq between 10 and
23 January 1990. Troops were said to have attacked over 30 towns and villages
in the south. Affected areas were said to include al—Thawrs, 13mm al—Shuwainj
and al—Bazun (al—Basra province); al—Majar, al—Mukalabiyya, al—Sharira and
al-Makars (al-.'Amara province) and al—Jabayish, al'ljmaidiyya, Abu iladida and
al—Mawajed (al—Nasiriyya province). According to the reports military action
in the area was said to be continuing and the life of the civilian population
to be in danger.
E/cN.4/1991/36
page 69
270. The Special Rapporteur, referring to article 6 of the International
Covenant on Civil and Political Rights to which Iraq was a party, felt
compelled to appeal to the Government on a purely humanitarian basis to ensure
that the right to life of the civilians in the affected areas be protected in
every possible manner.
271. On 13 March 1990, another cable was sent to the Government of Iraq
concerning the information that Mr. Farzad Bazoft, a citizen of the
United Kingdom and a journalist for the British newspaper The Observer, had
recently been sentenced to death by a revolutionary court and was facing
imminent execution. According to the reports, Mr. Bazoft had been arrested
on 15 September 1989 in Baghdad airport after carrying out an inquiry into an
explosion at an añvnunition factory in al—Iskandria. He had been put on secret
trial and convicted of spying after be had reportedly confessed on Iraqi
television to working for Israeli intelligence. Furthermore, Mr. Bazoft had
allegedly been denied the right to a fair and public trial, and in particular
the right to have his conviction and sentence reviewed by a higher tribunal.
272. In this connection, the Special Rapporteur, referring to articles 6
and 14 of the International Covenant on Civil and Political Rights to which
Iraq was a party and also to safeguards 5 and 6 of the annex to Economic and
Social Council resolution 1984/50 of 25 May 1984 entitled “Safeguards
guaranteeing protection of the rights of those facing the death penalty”,
appealed to the Government to make every effort to guarantee the right to life
of Mr. Farzad Bazoft and requested information on the case and, in particular,
on the legal proceedings according to which Mr. Bazoft had been sentenced to
death.
273. On 26 July 1990, a letter was sent to the Government of Iraq transmitting
allegations that in 1989, several persons were executed without trial or after
a trial of a summary nature. The following cases were described:
(a) On 17 July 1989, at Bitteen military base in Amara, 16 soldiers,
who had deserted during the war and later turned themselves in upon the
announcement of the amnesty decree in September 1988, were executed after
having been tortured. Among the 16, the names of 11 were given as follows:
Majid Hani, Jasim Metasher Ibrahim, Khshan A u Russain, Salab Kradi Ajlan,
Aghab Oda Sarhan, Gazi Sherji, Gedan Rebima Lafta, Falih Jaslin Matter,
Mohammed Jabbar Shlash, Mohammed Leaibi Salih and Nahi Tuuma Thijeel;
(b) Several military officers were executed in Baghdad in early
January 1989 after having been arrested in December 1988 for an alleged coup
attempt. The following officers were said to have been among the executed:
Brigadier Hikmet Aplow, Brigadier Abdul Kadir Al—Shallawi, Brigadier Mohazmned
Mabmood and Lieutenant Colonel Saneer Sa'adalla (Air force);
(c) In addition, in 1989, in Baghdad, Kadhum Jabbar, a student at the
College of Literature, Foreign Languages Department, Baghdad University, who
had been arrested seven years ago, was executed.
274. On 5 October 1990 a cable was sent to the Government of Iraq concerning
the information received that since 2 August 1990, in Kuwait, scores of
unarmed civilians had been killed or executed in a sununary manner by members
E/c2'I.4/199 1/36
page 70
of the Iraqi forces. According to the information, a number of persons had
been killed for failing to replace photos of the Emir with those of the
President of Iraq. Some others had reportedly been hanged on the grounds of
Kuwait university for their suspected opposition against the annexation of
Kuwait after being accused of criminal off ences. Furthermore, it was reported
that since the introduction, on 11 August 1990, of the death penalty for
harbouring Western nationals, looting and hoarding food for commercial
purposes, one Kuwaiti national had been executed in September 1990 for
harbouring an American citizen. Ten persons were said to have been executed
for looting.
275. In view of the above—mentioned information, the Special itapporteur,
expressing his serious concern for the lives and safety of civilians in
Kuwait, appealed to the Government to ensure that the right to life of
civilians in Kuwait be protected in every possible manner and requested
information from the Government on the above—mentioned reports.
276. On 30 October 1990, a letter was sent to the Government of Iraq
transmitting allegations of violations by Iraqi forces in Kuwait of the
Fourth Geneva Convention relative to the Protection of Civilian Persons in
Time of War including violations of the right to life. Cases of violations
of the right to life were reported as follows: (a) Adel Al—Dashti;
(b) Atuned Hamza; (c) Mohaimned All; (d) Issa; and (e) Abduihadi. All were
hospital staff of the Al—Addan hospital in Kuwait on 9 September 1990 who were
arrested and reportedly tortured when two wounded Iraqi military were admitted
to the hospital and according to the Iraqi officials, inadequately attended.
(f) Bader Rajab, manager of the Al—Sabahiya supermarket, shot dead by Iraqi
forces when he reportedly refused to obey demands for foodstuff.
277. On 6 November 1990, another letter was sent to the Government of Iraq,
transmitting alleged cases of sunnary or arbitrary executions in Iraq. The
issues raised were as follows:
(a) In mid—April 1989, at Dibs garrison near Kirkuk, at least seven
ICurds were reportedly executed for their alleged links to the Pesh Merga
forces. The seven executed were named as follows: Saber Sa'di, Qader Sa'di,
‘Abdallab Mala Muhammad, Darwish Mala Muhammad, ‘Abd al-Karim Chitto,
Saber Hamad and Hatem Hamad. The executed were said to have returned to Iraq
from Turkey in order to benefit from the amnesty decrees promulgated in
September 1988;
(b) On 11 July 1990, Jalil Nahdi Saleh al—Nu'aimi, a naturalized Swedish
national was reportedly executed by banging, after having been sentenced to
death on 30 April 1990 by the Revolutionary Court in Baghdad for “having
connections with a secret intelligence organization”. It was alleged that
Jalil Mabdi Saleh al—Nu 1 aimi bad been held in pre'-tria l detention for some
eight months, that his trial before the Revolutionary Court was held
in camera , that his right of defence was either severely curtailed or denied
altogether and that he bad no right to appeal against the verdict nor the
sentence.
278. In addition, further information was transmitted concerning alleged
killings and executions in Kuwait by members of the Iraqi forces since
2 August 1990. According to several eyewitnesses, killings and executions by
E/CN.4/l991/36
page 71
the Iraqi forces in a summary manner outside the context of armed conflict
were widespread. The number of those killed or executed was said to be very
high although no exact figures were given. The victims included Kuwaiti men,
women and children and a number of foreigners.
279. The following incidents in Kuwait City which were said to have occurred
in August and September 1990 were reported by witnesses as follows:
(a) A man was shot dead by Iraqi soldiers after he was forced to watch
his wife raped by the sante soldiers;
(b) A man suspected of being a member of the resistance was shot dead by
Iraqi soldiers after having been tortured in order to extract information on
the resistance;
(c) At the entrance of Sabab Maternity Hospital, a woman in labour,
being prevented by soldiers to enter, was bayoneted through her stomach;
(d) Two boys were executed in a market place by Iraqi soldiers in full
view of their mother, sister and brother who were called out of the house;
(e) The Imam Rhalik Ad—Sanihan, who delivered a speech at a mosque in a
Friday ceremony, condemning the Iraqi invasion, was tortured and shot dead.
His body was dumped near the mosque. An Islamic scholar named Nalimood Khalif a
al—Jasim was tortured and killed at the Salimyia area;
(f) A Kuwaiti military officer was publicly executed in front of his
family's home after having been tortured for 10 days. He had been arrested
when he was discovered while in biding;
(g) Fifteen people were executed after Iraqi forces extracted the names
of the 15, said to be in the resistance movement, from a man by torturing him;
(h) At the Mubarak El Kabeer Hospital, all the patients, most of whom
were in a serious condition, were removed by Iraqi soldiers from their beds
into the hospital corridors by force. Blood transfusions were prohibited,
life support machinery removed and other vital medical treatment denied,
resulting in the death of half of the patients;
(i) At Saliiniya area, several persons were castrated and hanged;
(3) At the Al—Adan hospital, 15 premature babies in incubators were
taken out of the incubators by Iraqi soldiers and left on the floor to die;
(k) On 8 August 1990, a group of some 35 women and youths demonstrating
in the Jabiriyya district were fired at by Iraqi soldiers. Two boys aged 13
and 16 and a 20—year—old woman were killed;
(1) On 11 August 1990, Douglas Croskery, a British national was
reportedly shot dead by iraqi soldiers as he attempted to leave Kuwait for
Saudi Arabia. On 21 August 1990, three Pakistanis were also reported to have
been killed under similar circumstances.
E/CN .4/1991/36
page 72
280. On 12 December 1990, another letter was sent to the Government of Iraq
concerning two incidents of killings in Kuwait by members of the Iraqi forces
which were reported as follows:
(a) On 9 September 1990, at Al Addan hospital, five hospital staff were
arrested, tortured and then executed by Iraqi military personnel, on the
pretext that the staff bad been lax in attending to injured Iraqis. The names
of the victims were given as: Mel Al—Dashti, Ahmed Haxnza, Mohammed Ali and
two identified as Issa and Abduihadi;
(b) Bader Itajab, manager of the Al—Sababiya supermarkert, was executed
for refusing to obey demands by the Iraqi forces for foodstuff.
281. On 13 February 1990, a reply was received from the Government of Iraq to
the Special Rapporteur's cable of 8 February 1990, denying all the information
contained in the cable. It also stated that the area referred to in the cable
had been and was still open for Iraqis and foreigners.
282. On 26 and 27 March 1990, replies were received from the Government of
Iraq to the Special Rapporteur's cable of 13 March 1990 concerning the
execution of Farzad Bazoft, stating that Bazoft was not subjected to any
ill—treatment or coercion while in detention, that he confessed on television
that he had been involved in spying activities for the Israeli Mossad against
Iraq at a time when Iraq and Israel are in a state of war and that Bazoft
stated his confessions in a written statement which be wrote in English, and
then restated then in front of the British Consul in Baghdad.
283. It was also stated that Bazoft had a fair trial which was conducted in
accordance with Iraqi law, that he was defended in a court of law by a lawyer
appointed by the British Embassy and that the trial was attended by the
British Consul in Baghdad.
284. The reply further stated the following:
(a) He was an Iranian national residing in the United Kingdom since
1975. He carried British travel documents and worked for The Observer of
London;
(b) He visited Iraq on six occasions in April 1988, May 1988, July 1988,
December 1988, February 1989 and September 1989. He was arrested while on his
last visit;
(c) Investigation revealed a number of facts to which Bazoft confessed
during questioning and which he then stated both in writing and on
television. These facts are as follows:
(i) Bazoft had been recruited by the Israeli Mossad and British
intelligence (the secret police) and been working for them
since 1984;
(ii) Bazoft had been instructed to carry out a number of missions inside
Iraq using his cover as a journalist. He had received £600 for
this purpose. His job was to take and obtain photographs of Iraqi
military sites and military commanders, and to gather information
E/CN.4/ 199 1/36
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and submit his own analysis in relation to a number of installations
and activities in Iraq, such as the Iraqi nuclear reactor, the use
of chemical weapons and the general and economic situation in the
country. During his repeated visits to Iraq, Bazoft submitted many
reports containing whatever information he could obtain on these
matters;
(iii) On his last visit to Iraq, Bazoft had been instructed to collect
information on the subject of the explosion that had taken place at
an industrial military facility near the city of Hilla. This was,
of course, totally incompatible with the subject which he had been
invited by the Iraqi authorities to covet, namely “the elections of
the Legislative Council of the autonomous Kurdis tan region in
northern Iraq ”. in order to accomplish his espionage mission,
Bazoft was assisted by Mrs. Daphne Parish, a British nurse working
in Baghdad, to get to the ex os on area in her own car disguised as
an Indian doctor. He was able to take soil samples from the area
along with various bits of materiel bich he was olanning to send to
London;
(iv) As soon as questioning was completed the Consti at the British
Embassy in Baghdad was granted permission to areet Bazcft on tturely
humanitarian grounds. Bazoft was not a British subject, which means
that the Iraqi Government was under no obligation to grant the
British Embassy access to him under the Vienna Convention or any
other agreement. The British Consul had four meetings with the
prisoner, three of which were attended by the lawyer appointed by
the British Embassy to conduct his defence. The British Consul was
also invited to attend the proceedings of the whole trial, which
began on 8 March 1990 and were completed on 10 March 1990. The
defendant and his lawyer had been given ample time to prepare their
case;
(v) As regards Nurse Daphne Parish, she had collaborated with Bazoft and
helped him, on no legal or professional grounds, to get to the area
be had wanted to see and assisted him in obtaining information and
material. Prior to her trial, the Iraqi authorities had granted
her permission to have four consular meetings three of which were
attended by the lawyer the British Embassy had appointed to conduct
her defence.
285. On 30 March 1990, a communication from the Government of Iraq was
received by the Special Rapporteur, enclosing a statement issued by
Organization of Friendship, Peace and Solidarity in Iraq concerning the
execution of Farzad Bazoft.
286. On 31 July 1990, a reply was received from the Government of Iraq to the
Special Rapporteur's letter of 26 July 1990 stating that the allegations
transmitted were totally unfounded.
287. On 18 December 1990, a reply was received from the Government of Iraq to
the Special Rapporteur's letter of 6 November 1990, stating that the Iraq i.
authorities had not taken any measure against persons benefiting from any of
the amnesty decrees, including the decree promulgated in 1988 and that all
E/CN4/199l/36
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those who returned to the country were living with their families in the same
residential areas in which they had been formerly domiciled. It was also
stated that the internal legal measures were applied in the case of all
of fences committed after the expiration of the period of amnesty.
288. With regard to the person named Jalil Mahdi Saleb al—Nu'aimi, a Swedish
national of Iraqi origin, it was stated that he was condemned to death and
executed in accordance with Iraqi law, under which espionage is prohibited and
constitutes high treason punishable by death. According to the reply, the
person in question made a confession, acknowledging that he had engaged in
espionage for the benefit of a foreign body, namely the Israeli Mossad
organization, on whose behalf he had gathered information on Iraq. It was
stated that the Swedish Consul at Baghdad attended the investigation and trial
proceedings and was also present at the execution and that Jalil Mahdi
Saleh al-41u'aimi enjoyed all the legal safeguards required under Iraqi law,
including the appointment by the Swedish Embassy of a lawyer to defend him.
289. With regard to the allegations concerning Kuwait, it was stated that
those allegations were untrue and formed part of the campaign conducted by
“Imperialist Powers”, whose interests had been prejudiced, with a view to
besmirching Iraq's reputation. With regard to the alleged killing of
Douglas Oroskery, it was stated that the British Embassy at Baghdad was
notified, in response to its request, that there would be no objection to its
dispatch of a consular official to the area in which the above—mentioned
British national was alleged to have been killed in order to seek information
concerning his whereabouts.
Israel
290. On 9 October 1990, a cable was sent to the Government of Israel stating
that on 8 October 1990 on the Temple Mount of the Old City of Jerusalem,
22 persons had been killed when the police and armed Jewish civilians had
opened fire on Palestinian demonstrators and bystanders. Although the police
had reportedly claimed that a crowd of 2,000 Palestinians bad thrown rocks and
stones on Jews praying at the Western Wall and had attacked and burned a
police station of the Temple Mount, it had been alleged that the Israeli
authorities had resorted to an excessive use of force, including live
annunition, to regain control.
291. The Special Rapporteur, feeling concerned with the loss of lives in the
incident, appealed to the Government of Israel to take all necessary measures
in order to prevent further loss of lives in similar circumstances and
requested information on the above-mentioned incident, the outcome of any
investigation on the incident and the measures taken by the authorities to
prevent the recurrence of such deaths.
292. On 1 November 1990, a letter was sent to the Government of Israel
transmitting allegations that during the past year, numerous incidents of
killings were reported in connection with the uprising in the occupied
territories. It was stated that according to statistics released on
2 August 1990 by Betzelem, the Israeli Information Centre for Human Rights in
E/CN.4/1991/36
page 75
the Occupied Territories, 676 Palestinians were shot and killed by security
forces since the beginning of the uprising in December 1987 until the end of
July 1990. They included 158 children under 16 years of age. In addition,
31 Palestinians were said to have been killed by Israeli civilians and 8 were
shot and killed by Palestinian collaborators, whereas 10 Israeli Defence
Forces (IDF) soldiers and 9 Israeli civilians, including 3 babies, were killed
in the territories during the same period. At the same time there was
reportedly an increase in the number of Palestinians killed by other
Palestinians for suspected collaboration with the Israeli authorities.
According to one source, the number of such killings during the same period
was 243. These killings were said to be the results of the prolonged period
of lsraeli occupation and the unprecedented level of violence it has
engendered and many of these deaths in the occupied territories were reported
t:o have occurred during violent clashes between Palestinian protesters and
the TDF, However, other persons were allegedly killed by IDE' troops during
ctts —to—house searches, at roadblocks, during pursuit after clashes, and in
ir. stances other than violent clashes.
193. Tz rthennore. it was alleged that: these deaths occurred often in
;:rc mstances suggesting excessive use of force or deliberate killings.
.ccording to the 3etze lem report in July 199O in almost 30 er cent of the
as the IDF found that soldIers had violated cease—fire orders. The report
L statist:tcs showing that soldiers were indicted for 12 incidents of
il2 .ing by the end of December 989. It was also alleged that investigation
cillings by the IDE' was almost all based exclusively on accounts by
soldiers.
.194. It was also stated that the reports of the Special Committee to
Thvestigate Israeli Practices Affecting the Human Rights of the Palestinian
People and Other Arabs of the Occupied Territories to the forty—fifth session
of the General Assembly (A/45184, A/45/306 and A/451576) list 140 incidents of
killing by IDE' troops and Israeli civilians for the period October 1989
to 10 August 1990.
295. The following describe some alleged cases in which troops used force in
an excessive or illegal manner:
(a) On 5 October 1989, in Bidu, near Jerusalem, Khaled Abu Id, aged 20,
was shot in the heart from a distance of two metres when soldiers opened fire
at youths manning a barricade;
(b) On 9 October 1989, in Nablus, Nidal al—Habash, aged 22, was killed
by troops when masked youths defied a curfew and incited others to
demonstrate. It was alleged that he was shot dead from a short distance,
after he was wounded and could not escape, and that the troops prevented an
ambulance from evacuating him;
(c) On 26 October 1989, in Jabaliya, Gaza, Adel Mahmud Abu Salim,
aged 19, was killed by troops who opened fire at masked youths. It was
alleged that four soldiers in civilian clothes had entered the camp in a
civilian car and opened fire on the youths;
E/CN.4/ 1991/36
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(d) On 26 October 1989, in Al—Khadar, Karim Da'amseh, aged 18, was
killed by policemen during a car chase in Beit Jala after be failed to obey
order to stop. According to an eyewitness, a policeman shot Karim Da'ainseb
point—blank range after he surrendered , The police reportedly opened an
inquiry;
(e) On 6 November 1989, in Kalkilya, Wa'el al—Eaj Hassan, aged 20, was
killed by troops as he was trying to cross the border into Jordan. He had
been wanted by the security forces since the beginning of the uprising;
(f) On 1 December 1989, in Nablus, Imad Nasser, aged 26, ilanin Tayem,
aged 19, and Omar Grafat, aged 28, were killed by a group of soldiers in
civilian clothes who entered the casbah of Nablus and opened fire. Masu'd
Labada Batiri, aged 15, a passer—by, was also killed;
(g) On 20 December 1989, in Gaza, Khaled Abd el Sheikh Ali, aged 27,
died in the interrogation ward in the Gaza prison;
(h) On 7 January 1990, in Bethlehem, Fahdi Rhalil Zabakli, aged 18, died
in hospital of wounds sustained the previous month when border policemen shot
him in the head while chasing masked youths. It was reported that a film of
the incident showed that Fabdi Khalil Zabakli was shot as he was fleeing,
without warning shots being fired;
(1) On 5 April 1990, in Jalazua camp, Mustaf a al—Jan, aged 15, was
killed by troops who fired a rubber—coated steel pellet during a clash. It
was alleged that he was shot by a sniper deliberately and without provocation,
without warning or an order to halt;
(j) On 7 July 1990, at the Ofer detention camp near Ramallah, Sahri Abed
Itabo, aged 18, was shot in the head and killed by troops when he was spotted
climbing over the fence of his tent compound. The troops reportedly shouted
warnings and fired in the air before firing at the detainee. The incident was
said to be under investigation;
(k) On 10 August 1990, in Ya'abad, Basel Hsmarsheh, aged 22, was shot in
the head and killed by a soldier. He had been wanted for two years.
296. On 22 October 1990, a reply was received from the Government of Israel
to the Special Rapporteur's cable of 9 October 1990 with regard to the events
of 8 October 1990 on the Temple Mount, stating that a special committee of
inquiry had been established to investigate the case.
Malawi
297. On 26 July 1990 a letter was sent to the Government of Malawi
transmitting an allegation that in March 1989 Fred Sikwese, an employee at
the Ministry of External Affairs, died at Lilongwe prison after having been
arrested in February 1989 on suspicion of passing confidential government
information to sources outside the country. Reportedly no charges have been
brought against him. He was allegedly tortured prior to his death and was
buried at Lilongwe prison grounds after the authorities reportedly refused to
release his body for burial by his relatives. It was further alleged that no
investigation was undertaken with regard to his death.
E/CN.4/l99l/36
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298. On 5 December 1990 a reply was received from the Government of Malawi to
the Special Rapporteur's letter of 26 July 1990, stating that with regard to
the case of Fred Sikwese, the verdict of the coroner's inquest concluded that
his death was due to hepatitis and not as a result of torture as alleged.
It also stated that he was not arrested on suspicion but caught in flagrante
delicto , passing on government information to agents of foreign powers, and
that charges were not brought against him because he died at Kamuzu central
hospital before the matter was taken up by the court.
Mali
299. On 6 November 1990, a letter was sent to the Government of Mali
transmitting allegations that following armed attacks by Tuaregs in
north—eastern districts of the country in late June and July 1990 in which
over 150 government officials and civilians were reportedly killed, government
troops took reprisals against Tuareg civilians and killed some 120 persons.
It was alleged that in a state of emergency and a curfew declared
on 20 July 1990 in the north—eastern districts of Gao, Kidal, Ménaka and
Timbuktu, the police and military were authorized to use armed force with
immunity from prosecution in advance for acts committed in the exercise of
emergency powers.
300. Incidents of execution included the following:
(a) On 3 August 1990, in Gao, 11 Tuaregs, including a woman, were
executed after having been tortured. One of the victims was named as
Khassan ag Mabmoud, a chauffeur—mechanic;
(b) On 6 August 1990, in Ménaka, four Tuaregs were executed, including
Althmed ag Makhakha, aged 80, a leader of a Tuareg group, the Ichadanharen, and
Issouf ag Dandan, an official in Tidaghmen of the ruling party, the Union
démocratique du peuple malien;
(c) Four Tuaregs were executed in Kidal, including Intiyaden ag Babakar;
(d) Two Tuaregs were executed in Tin Essako, Kidal district, including
Sidakhmad ag Umana;
(e) Nine Tuaregs were executed in Tarnesna, including Bachar ag Khamadin,
a 10—year—old boy.
301. At the time of preparation of the present report, no reply had been
received from the Government of Mali.
Mauritania
302. On 26 July 1990, a letter was sent to the Government of Mauritania
transmitting allegations that in the southern part of the country villagers
were killed by members of the National Guard in a summary manner. These
killings have allegedly taken place since April 1989, following interconnunal
violence. Killings reportedly occurred not only during curfew hours but also
outside them. The victims were allegedly suspected of having clandestine
contact with groups based in Senegal opposing the Government. No
investigations by the police or judicial authorities concerning the killings
were said to have been carried out.
E IGN.41 1991/36
page 78
303. The following cases were described:
(a) In October 1989, Hadiya B , a teacber at Kalignoro and municipal
council member in Boully town, was killed by members of the National Guard;
(b) In November 1989, in Guiraye—Réwo village, Kaédi region, Djéol Demba
Sarr, aged 57, a cattle herder, his son Daidou Sarr, aged 20, and Kadiata Sarr
were killed by members of the National Guard;
(c) In 1989, in Wotji village, Abou Sara Diop, Mamadou Idi Diop and
three brothers were killed by members of the National Guard;
(d) On 5 March 1990, outside the village of Djéol, Abdoul Bouka N'diaye,
aged 30, a former soldier, and Mamadou Gninguel N 1 diaye, aged 19, were killed
allegedly after torture by the National Guard during custody;
(e) In January 1990, in Djéol, Hamady Djouma Ba, aged 50, a fisherman,
was killed by the National Guard when he left the village early in the
morning, apparently while curfew was still in force;
(f) On 10 April 1990, outside the village of Moujdi, in Sélibaby
District, seven villagers were killed by members of the armed forces and of a
militia working closely with the armed forces, after having been detained and
taken away from the village. Among the seven victims were Silly Youmé Ba,
aged 47, from Moujdi village; Deya Sow, from Moujdi village; and Demba Mamadou
Sow, from Wendou—Goubé village;
(g) On 12 April 1990, Thierno Saibatou Ba, aged 57, a Muslim religious
leader from the village of Ngoral—Guidal, near Boghé, was shot dead by members
of the National Guard, after he had taken a swim in the Senegal river.
304. On 21 October 1990, a reply was received from the Government of
Mauritania to the Special Rapporteur's letter of 26 July 1990 stating that the
laws in force in Mauritania respected and protected the right to life of all
citizens and individuals within the territory.
305. It further stated that the judiciary guaranteed the respect for national
legislation and that all actions of those responsible for the application of
the law was submitted to regular control through which abuses were punished in
accordance with the national law. It finally stated that all complaints were
heard by the courts and that this recourse was available to all citizens and
individuals within the territory.
306. On 6 November 1990, a letter was sent to the Government of Mauritania
transmitting allegations that during the first half of 1990, in the southern
part of the country, an increasing number of persons belonging to a black
ethnic group, the Hal—pulaar, were killed by the army and National Guard as
well as the Haratine militia. A large number of victims, almost all unarmed
villagers, were said to be inhabitants of towns and villages along the
Mauritanian bank of the Senegal river. Killings allegedly took place during
searches in villages by members of the security forces and Haratine militia
after raids by armed groups from Senegal or Nali or after villagers fled to
these two countries to escape from the security forces.
E/CN.4/l991/36
page 79
307. It was further alleged that the security forces and the Haratine militia
responsible for these killings were given total immunity and that none of
these killings were allegedly investigated by the judiciary authorities.
308. The following incidents of killing were reported:
(a) On 10 April 1990, in Moudji, near Sélibaby, seven persons, including
Silly loumé Be, aged 47, and Mamadou Demba Sall, aged 22, were arrested by a
patrol of soldiers and ilaratine militia. They were taken some kilometres from
the village and executed;
(b) On 20 April 1990, in Woyndouyoli, near Sélibaby, some 60 armed
Haratines, escorted by two soldiers, arrested 15 persons and executed 4 of
them, including Harouna Ousmane Sow and Adania Souleymane Ba. The soldiers
then took away the remaining 11 persons, 7 of whom, including Adama
Oumar Diallo, were subsequently executed;
(c) On 7 May 1990, in Belendendi, near Laqceiba—Gorgol, in Kaédi region,
Ha Bocar Haniadi, aged 30, was killed by National Guardsmen stationed at
Talhaya;
(d) On 13 June 1990, in Ganki village nar Boghe, Silèye Lam, aged 30,
was arrested by members of the National Guard shortly before a nightly curfew
came into force, and was taken together with Thierno N'Gom, another villager.
The following morning, Si lèye Lam was found shot dead.
309. At the time of preparation of the present report, no reply had been
received from the Government of Mauritania.
Me x ico
310. On 11 July 1990, a letter was sent to the Government of Mexico
transmitting the following allegations:
(a) On 21 May 1990, in Sinaloa, Norma Corona Sapiens, aged 38, President
of the Commission for the Defence of Human Rights in Sinaloa and President
of the Colegio de Abogados Clemente Vizcarra (Clemente Vizcarra Lawyers'
Association), was killed by unidentified armed men. In March 1990, she had
allegedly received death threats from members of the Federal Judicial
Police (PJF). Norma Corona had been conducting investigations into a number
of cases allegedly involving agents of the Federal Judicial Police (P JF).
These investigations included the deaths in Sinaloa of three Venezuelan and
one Mexican lawyer earlier that year. The bodies of the four lawyers were
found in a common grave on Il March 1990, showing signs of torture and gunshot
wounds , They had been abducted from their homes in Culiacán, capital of
Sinaloa, on 22 February 1990, and were allegedly killed at the headquarters
of the PJF in Culiacán;
(b) Andrés Martinez Diaz, aged 23, a fisherman from Rio Grande,
municipality of Tututepec, Oaxaca State, was arrested on 8 February 1989
allegedly by a sub—lieutenant of the armed forces. Witnesses saw DIaz in
military custody, showing signs of torture. On 9 August 1989, the Government
reported that Diaz was found dead in Cacalote, Tututepec;
E/CN.4/l99l/36
page 80
(c) On 4 September 1989, in Villahermosa, Tabasco State, several
persons including Jesás Martinez Ruiz, were detained by the Federal Judicial
Police (PJF). Some days later the body of Ruiz was found at the Rancheria
Sabina cemetery, in Centro municipality. It was alleged that Ruiz died as a
result of torture during detention at the offices of the Federal Judicial
Police (PJF).
311. On 25 July 1990, a cable was sent to the Government of Mexico concerning
Investigator Jorge G. Castafleda, member of the Governing Council of the
Mexican Committee for the Defence and Promotion of Human Rights, said to have
received death threats through his secretary, Mariana Rodriguez Villegas, who
was stopped by four armed persons, questioned about the movements and the
private domicile of Mr. Castaiieda and his family, and told that he would be
killed if he “persisted with what he was writing”, a reference to articles in
the press in which Mr. Castañeda had attacked police involvement in drug
trafficking. It was also reported that Ms. Rodriguez Villegas had been
stopped a second time and threatened with death in a road accident if she
continued to collaborate with the investigations which had been taking place
to identify those responsible for the threats.
312. Information bad also been received concerning the case of
Mr. Victor Clark Alfaro, who had published accounts of the alleged torture
of minors. He had received a death threat by telephone on 13 June 1990
and believed that those responsible were members of the security services
involved in the events he had described in his accounts.
313. Serious concern was particularly expressed for the lives of these people,
since, according to them, another human rights activist had been killed in
Sinaloa State after receiving threats. Such actions created a climate of
insecurity and violation of human rights, in which human rights activists were
allegedly singled out as victims.
314. The Special Rapporteur appealed to the Government to take all measures at
its disposal to protect the right to life of the two persons threatened with
death, and requested information in this regard.
315. On 9 November 1990, another letter was sent to the Government of Mexico
transmitting several cases of killings instigated by various incidents but
signalling, according to the reports, underlying problems in the system which
despite Goverment initiatives required further attention. Three patterns of
killings are described as follows:
(a) Reports of killings of peasants or indigenous people in the context
of land disputes affecting particularly the Triqui people of Unión de los
Angeles in the State of Oaxaca as follows:
(1) Paulino Martinez, founder of the Movimiento de Unificación y Luc ia
Triqui (W ILT) (Movement for Triqui Unification and Struggle), and
his nephew, Bonifacio Merino Delia, were ambushed and killed
on 23 January 1990 in Rio Logarto , Oaxaca, as they collected
signatures to organize a Triqui co—operative for direct sale of
their coffee harvests. According to reports, Mr. Martinez had
publicly critized and made a formal complaint against local
landowners in December 1989 for their alleged involvement in
various attacks against MULT members;
E/CN.4/1991/36
page 81
(ii) Manuel Velazco Ortega, aged 39, member of MUtT, on 22 February 1990
was shot dead in his hone by individuals wearing police uniforms.
His wife reportedly filed complaints with the Public Ministry agent
and the Attorney—General for the State. of Oaxaca. According to
information received an autopsy was not performed and no
investigation took place;
(iii) José Antonio Simon Zamora, aged 32, an officer of the Unión Nacional
de Organizaciones Regionales Campesinas AutOnomas (UNORCA) (National
Union of Regional Organizations of Autonomous Peasants), was killed
on 1 February 1990 in his hone in Pátzcuaro, Michoacé.n, by
individuals wearing military clothing;
(iv) Santiago Merino Hernández, aged 30, member of WiLT, was shot dead
on 2 May 1990 in Oaxaca after having been harassed and threatened.
Another MULT member was wounded. MUtT filed a complaint with the
secretary of the Ministry of the Interior. Reports indicate no
investigation has taken place;
(v) In addition, Juan Domingo Perez Castillo, aged 41, member of MULT,
was continually threatened since an attempt on his life by a
well—known gunman in 1989. Several complaints were filed with local
authorities, but no investigation was known to have been initiated.
(b) Killings in the context of political elections have also taken
place. According to reports, no efforts were made by the Partido
Revolucionario Institucional (flU—affiliated authorities to investigate
the following cases:
(i) Ignacio Murillo Gusman, a candidate of the Partido Revolucionario
Democrático (PDR) (Democratic Revolutionary Party) in the
municipality of Huandacareo, Michoacán, was killed on
7 January 1990, allegedly by the outgoing secretary of the town
council. The Attorney—General bad not filed charges in the case;
(ii) Adelaido Barrera, Ismael Reyes and Antonio Pablo Victoriano, members
of the PRD, were killed on 13 January 1990 as they left the town
hall of Durazno, Guerrero, where they discussed with authorities a
postponement of municipal elections in Tixtla. No investigation of
the case was initiated;
(iii) Salvador Gonzélez and Cipriano Chacon, members of the PRD, were
killed on 19 January 1990 in front of the municipal government
building in Jungapeo, Michoacén, allegedly by PRI gunmen;
(iv) Javier Macias Salacedo was killed on 23 January 1990 by PRI members
in Jacona, Michoacán, after a dispute concerning local taxes;
(v) Santos Hernández GarcIa, watchman of the local PRD, was killed
on 23 January 1990 in Coyuca, Guerrero;
E/ON.4/199l/36
page 82
(vi) FJ.orentino Salmerón Garcia and Donasiano Rojas, members of the PRD,
were killed on 27 February 1990 in a confrontation between the FED
and police during a peaceful march for which permission from
authorities had been granted (Garcia in Zihuatanejo and Rojas in
Acapulco).
(c) Other reported cases are as follows:
(i) Hector Ignacio Quijano Santoyo, Jaime Quijano Santoyo and Erik Dante
Quijano Santoyo, three brothers, were shot dead on 14 January 1990
in Ojo de Agua, Mexico, at close range by members of the Policla
Judicial Federal (PJF) (Federal Judiciary Police) after Hector had
been detained and allegedly tortured the previous day. Police
surrounded their house searching for a fourth brother, a former
policeman, accused of killing a policeman;
(ii) Agustin Felix Contreras, aged 35, died on 6 May 1990 after having
been detained by the police in Aguililla, Michoacmn, on 5 May 1990
from wounds allegedly sustained during a police confrontation.
316. On 6 August 1990, a reply was received from the Government of Mexico to
the Special Rapporteur's cable of 27 June 1989 (see E/CN.4/1990/22, para. 287)
in regard to the alleged death threats directed at members of the Union of
Indigenous Communities of the Mixed Zone of the Isthmus (UCIZONIO) stating
that the competent authorities of the State of Oaxaca had conducted an
investigation into the death of Crisóforo José Pedro and concluded that the
homicide did not constitute a summary or arbitrary execution but a common
crime. Two men, Eucario Pimentel Zacarias and Abad Juan Rodriguez Valdeespino
have been arrested and charged with the crime.
317. On 16 August 1990, another reply was received from the Government of
Mexico to the Special Rapporteur's cable of 25 July 1990 concerning the
alleged killing of Cristóforo José Pedro and the death threats received
by Victor Clarke Alfaro and Jorge Castai eda through his secretary
Mariana Rodriguez, stating that upon having received the request for
intervention, the Government of Mexico immediately condemned the death threats
against Messrs. Alfaro and Castatieda and the courts ordered the necessary
protection. It furthermore stated that Ms. Rodriguez identified a photograph
of a former agent of the Criminal Investigation Police of the Federal District
as one of her assailants, but was unable to identify him in a subsequent
lineup. He was released.
318. On 16 August 1990, another reply was received from the Government of
Mexico to the Special Rapporteur's letter of 11 July 1990 regarding the
following cases:
(a) Norma Corona Sapiens: Information was transmitted from the Attorney
General of the State of Sinaloa to the effect that an ex—agent of the Criminal
Investigation Department of the State of Sinaloa and three alleged accomplices
had been detained and charged with murder, and that the former had confessed
to the crime. The case is under the jurisdiction of the Fourth Criminal Court
of First Instance;
E/cN.4/199 1/36
page 83
(b) Andrés Martinez Diaz: The case remains under investigation by an
officer of the assistant military prosecutor's office attached to the
twenty—eighth military zone of Oaxaca State. A civil case proceeds under
the public prosecutor's office in Puerto Escondido, Juquila in Oaxaca;
(c) Jesus Martinez Ruiz: At the request of the sister of
Jesus Martinez Ruiz, who died on 4 September 1989 when he was detained by
the Criminal Investigation Police of the state of Tabasco, the Office of the
Attorney—General of Tabasco instituted a further preliminary inquiry. The
National Connission for Human Rights requested the Government of the State of
Tabasco to provide an in—depth report on the case.
319. On 30 August 1990, a further reply was received from the Government of
Mexico , following the above—mentioned reply of 16 August 1990, regarding the
case of Jesus MartInez Ruiz. The letter stated that on 17 August 1990, the
findings of the preliminary inquiry were transmitted by the Office of the
Attorney—General to the competent criminal court judge bringing charges of
abuse of authority against five agents of the Judicial Police of Tabasco for
the torture and murder of Mr. Martinez.
320. On 3 October 1990, a reply was received from the Government of Mexico
regarding the case of Jesás Martinez Ruiz, transmitting the report and
recommendations of the National Commission for Human Rights. The report
stated that on 20 August 1990, the Fifth Criminal Court of First Instance
ordered the release of the five agents accused of his death on the grounds of
insufficient evidence. The Office of the Attorney—General of Tabasco appealed
to the Superior Court and the investigation was renewed by the Office of the
Government Prosecutor for the Federal District.
321. The recommendations were as follows:
(a) That an appropriate investigation and further legal action should be
taken to remove the Director General of the Judicial Police of Tabasco from
his post for his deliberate misrepresentation of facts in the case as found by
the Commission's investigation;
(b) That the Prosecutor General for the State desist from appeal against
the decision of the Fifth Criminal Court of First Instance of Tabasco;
(c) That on the basis of the new elements provided herewith, a new
investigation should be undertaken and the criminal action be reinstituted
against the five officers charged;
(d) That bulletins should be provided to all the corresponding State and
Federal police entities so that those implicated in the case were not rehired;
(e) That the physical integrity of the Martinez Ruiz and
Márquez Valenzuela families should be assured (Márquez Valenzuela remains in
custody);
(f) That documents attesting to the fulfilment of these recommendations
should be sent to the National Commission for Human Rights.
E/CN.4/1991/36
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322. On 18 December 1990 a letter was received from the Government of Mexico
transmitting recommendation No. 22 of the National Commission for Human Rights
containing the results of the Commission's investigation into the case
of Artemio Marcos Hernández, concerning which the Government had replied
on 25 August 1989 (see E/CN.4/1990122, para. 294).
323. According to the investigation of the National Commission for Human
Rights, Mr. HernIndez was killed as a result of his activities as a peasant
leader of the regional peasant groups URECHH and UNORCA in San Pedro
Huazalingo. Among his activities was the task of obtaining the transfer of
land to the peasants of San Pedro Huazalingo as determined by decisions taken
by the Secretary of Agrarian Reform.
324. According to the report, on 13 March, Mr. llernández was part of a
commission of peasants formed to retrieve from the landowner's residence the
measuring instrument which was allegedly taken by a gunman working for an
important landowner €cacique ) of the region. It was stated that the landowner
then threatened Mr. Her-nindez, saying that he would pay with his life for
being the leader of the movement, and that on 9 May 1989 Mr. Hernández had
expressed to friends that something was going to happen because the
landowner's gunman was looking for him.
325. The report also stated that on 18 May 1989, an individual arrived at
Mr. Hernández's home, requesting that he attend a meeting the following day
at a specified time and place, the time and place at which his death actually
occurred.
326. The report of the investigation further stated that on 1 June 1989 the
case was assigned to officials attached to the deputy sub—prosecutor's office
and that the case remains in their charge.
327. It was stated that testimonies of witnesses to some of the above—mentioned
incidents was taken by the prosecutor's office. The Commission interviewed
the Prosecutor General, the deputy prosecutor and the Director of the State
Police and determined that, aside from gathering the testimonies and
performing a ballistics test, as of 27 June 1989 no other action had been
taken in regard to this case, despite the judgement of the Commission that by
utilizing available investigatory measures the death of Mr. Hernández and the
question of those responsible could be clarified.
328. On 18 December 1990, another letter was received from the Government of
Mexico further to its reply of 20 October 1989 (E/CN.4/l990 122, para. 296) to
the Special Rapporteur's cable of 10 August 1989 regarding the killing of
Pedro Bernández Reyes, transmitting information that the case has progressed
to the phase of instruction under the judge ( juez mixto ) of the Court of First
Instance in Huayacocotta, Veracruz, where formal charges had been filed
against the individuals alleged to have been responsible.
329. The letter stated that Mr. Hernández Reyes had been killed by individuals
who considered him a traitor to the Campesinos Unidos de Sierra Oriental
(United Peasants of the Sierra Oriental).
E/ ON4/ 1991/36
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Morocco
330. On 9 November 1990, the Special Rapporteur sent a letter to the
Government of Morocco, transmitting allegations to the effect that 24 prisoners
among the officers and non—commissioned officers confined in the Tazmamart
military prison, in the region of Rich, since August 1973, after being
sentenced to terms of imprisonment following charges of attempts on the life
of the King in 1971 and 1972, had died as a result of ill—treatment or of the
particularly harsh conditions of detention due to inadequate food, sanitary
arrangements and medical care. The name and rank of the 24 victims are as
follows: Allal Mouhaj, sergeant; Thami Abounsi, sergeant; Rachid El Amine,
chief warrant officer; Mohamed Chajaii, sergeant; Driss Bahbah, corporal;
Kacem Kasraoui, corporal; Abdellah Lafraoui, corporal; Abdeslam Rabbi,
sergeant; Mohamed Bitti, sergeant; Benaissa Rachidi, sergeant; Mohamed El Abdi,
warrant officer; Rabeh Bettioui, quartermaster sergeant; Bouchta Haddane,
corporal; Mohamed Chemsi, lieutenant; Attica Harouch, chief warrant officer;
Mahjoub El Yakdi, lieutenant; Mobamed El Chali, lieutenant; Mohamed Karoui,
lieutenant; Ben Rédouane Tijani, lieutenant; Boujemaa Azendour, lieutenant;
Jilali Dick, warrant officer; Mohamed Aboulmakoul, warrant officer;
Abdelaziz Ababou, quartermaster sergeant; Moba Boutou, lieutenant.
331. At the time of preparation of the present report, no reply had been
received from the Government of Morocco.
Myanmar
332. On 6 November 1990, the Special Rapporteur sent a letter to the
Government of Myanmar transmitting an allegation that on 8 August 1990, in
Mandalay, two monks and two students were shot dead when security forces
opened fire on a large number of monks and students who were marching in a
peaceful demonstration.
333. On 26 January 1990, a letter was received from the Government of
Myanmar, referring to its previous letter dated 13 December 1989
(see E/CN.4/1990/22, paras. 415 to 418) and stating that the State Law
and Order Restoration Council had revoked martial law, with effect from
2 January 1990, in 10 townships where the situation had improved sufficiently.
334. On 21 March 1990, another letter was received, transmitting a list
of 14 townships in which the State Law and Order Restoration Council had
revoked martial law with effect from 11 March 1990.
335. On 7 May 1990, another letter was received, transmitting a list
of 30 townships in which the State Law and Order Restoration Council had
revoked martial law during the months of March and April 1990.
336. On 16 June 1990, another letter was received, transmitting a list
of 102 townships in which the State Law and Order Restoration Council had
revoked martial law during the second half of April and the month of May 1990.
E/CN.4/l99l/36
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Nepal
337. On 10 April 1990, the Special Rapporteur sent a cable to the Government
of Nepal regarding the information received that in the situation of political
unrest of the preceding several days, at least 50 persons were killed in
Katmandu by security forces who had allegedly fired at unarmed demonstrators
after failing to control them with batons and tear—gas. Similar incidents of
deaths had been reported in Butwal and Pokhara where seven and two persons
were killed respectively.
338. In view of the continuing tense situation of political unrest, the
Special Rapporteur, concerned with any further incidents of deaths which might
occur, appealed to the Government to take all necessary measures to prevent
further deaths in the context of the continuing political situation, and, in
this connection, requested information on the above—mentioned incidents and on
the Government's effort to avoid further deaths.
339. On 26 July 1990, a letter was sent to the Government of Nepal
transmitting allegations that since 18 February 1990, during mass
demonstrations in several towns, at least 53 persons had been killed in
indiscriminate shooting, beating and stabbing by the police. Several persons
allegedly died as a result of torture, following their arrest by the police.
340. The following individual eases were described:
(a) On 30 March 1990, in Patan, Ratna Kaji Sai, aged 30, and
Sagar Singh, aged 20, were killed when police shot at demonstrators;
(b) On 2 April 1990, in Kirtipur, Lan Bahadur Maharjan, Hira Kaji
Maharjan and Bijaya Kumar were killed as police began shooting
indiscriminately into the crowd and beating demonstrators;
(c) In April 1990, in Chabahil, Kumar Shrestha was beaten to death;
(d) In April 1990, in Baneswor, Lal Babadur Barn was beaten to death.
341. At the time of preparation of the present report, no reply had been
received from the Government of Nepal.
Niger
342. On 26 July 1.990, a letter was sent to the Government of Niger
transmitting allegations that members of the Tuareg ethnic group were
killed by Government forces on account of their ethnic origin.
343. The following incidents were given as examples:
(a) In May 1990, near In Gal in the north—west part of the
country, 40 persons were allegedly killed by Government forces;
(b) In May 1990, some 50 kilometres north—west of Tchin Tabaraden,
20 tuaregs were killed by Government forces while they were building a house;
(c) In May 1990, in Tchin Tabaraden, three young persons were killed
after they had been arrested.
E/CN4/1991/36
page 87
344. In addition, it was alleged that in February 1990, several students were
killed during demonstrations. Although the President, who was out of the
country at the time of the killings, reportedly denied that the Government
ordered force to be used against the students, no inquiry was reportedly known
to have been carried out.
345. On 10 December 1990, another letter was sent to the Government of Niger,
transmitting allegations that in May 1990, following an attack by Tuaregs on a
police station in Tchin Tabaraden in which several policemen, a prisoner and
two civilians, were killed. According to official sources, some 25 Tuaregs
were killed in army attacks on Tuareg camps. Other sources quoted figures
ranging between 200 and several hundred. In the nomad camp of Tilla,
50 kilometres from Tchin Tabaraden, a number of Tuaregs were said to have
been killed as they tried to escape the army attack.
346. At the time of preparation of the present report, no reply had been
received from the Government of Niger.
Nigeria
347. On 26 July 1990, a letter was sent to the Government of Nigeria
transmitting allegations that during the preceding year several persons had
been sentenced to death by robbery and firearms tribunals established under
(special provisions) decree of 1970. There was allegedly no right to appeal
to a higher tribunal although those condemned could petition the State
Military Governor for clemency.
348. The following cases were described:
(a) In February 1990, in Minna, Niger State, Umaru Musa, aged 30, was
sentenced to death by the robbery and firearms tribunal in Minna;
(b) On 28 February 1989, in Owerri, Imo State, Godwin Agu Eke, aged 36,
was sentenced to death by the robbery and firearms tribunal in Owerri;
(c) In December 1989, in Kano, Kano State, Anda Mohammed, Ansa Mohammed,
Hassan Agesha and Sani Sale, all from the Republic of Niger, and
Musa Abdullani from the Republic of Mali, were sentenced to death.
349. It was further alleged that several detainees and prisoners died in
custody as a result of poor prison conditions:
(a) in the beginning of 1990, in Ibadan, Oyo State, seven detainees
reportedly died in Agodi Prison before their cases came to court. The names
of the seven were given as Henry Chukwu, Agu Okori, Emmanuel Okangba ,
Bright Ehis, Akinniyi Ogunfowokan, Addo Frederick and Kajola Olunrebi;
(b) The controller of prisons in Lagos State teportedly stated that
273 prisoners had died in the State prisons in 1989 because of a shortage
of drugs and vehicles to transport prisoners to hospital and because of
overcrowded conditions.
E/CN.4/ 199 1 136
page 88
350. On 27 July 1990, a cable was sent to the Government of Nigeria
concerning 43 soldiers, including 10 army officers, whose names were
transmitted, who had been sentenced to death on 18 July 1990 by a military
tribunal for attempting to overthrow the Government. According to the
information, the 43 persons had not been given the right to appeal to a higher
tribunal. With regard to the 10 officers who had been sentenced to death, the
special military court had allegedly not guaranteed the safeguards designed to
ensure a fair and impartial trial throughout the legal proceedings: the court
was presided over by a member of the Government, the trial was held in ca mera ,
the defendants were held in incommunicado detention following their arrest and
had been tortured, they were not allowed to choose their own defence counsel,
and they were not given the right to appeal to a higher tribunal.
351. In this connection, the Special Rapporteur, referring to article 14 of
the International Covenant on Civil and Political Rights and to the safeguards
guaranteeing protection of the rights of those facing the death penalty
adopted by the Economic and Social Council in resolution 1984/50 of
25 Nay 1984, appealed to the Government of Nigeria to make every effort to
ensure that the right to life of the above—mentioned persons be protected and
requested information regarding the trial proceedings as a result of which
the 43 persons had been sentenced to death.
352. On 10 December 1990. a letter was sent to the Government of Nigeria,
transmitting allegations of death sentences by the robbery and firearms
tribunals as follows:
(a) On 9 May 1990, Edet Jonah Ekanem was convicted of armed robbery and
sentenced to death by firing squad by the robbery and firearms tribunal in
Akwa Ibom State;
(b) On 12 July 1990, the robbery and firearms tribunal in Ikeja, Lagos
State, sentenced four persons to death. Two of the four 1 Lateef Lawal and
Anthony Bassey, were convicted of an armed robbery committed in August 1985.
The other two, Ramoni Jolaosho and Muraina Akinbanmi, were convicted of an
armed robbery committed in October 1985;
(c) On 26 July l990 the military governor of Lagos State announced that
he would not commute the death sentences imposed on 12 men in June 1988 by the
robbery and firearms tribunal in Ikeja, Lagos State. One of the defendants,
Augustine Eke, was reported to have been 14 when arrested in 1984.
353. Furthermore, on 27 July 1990, 42 persons, members or former members of
the armed forces, were reportedly executed by firing squad after having been
sentenced to death nine days earlier by a special military court on charges of
involvement in an attempt to overthrow the Government in April 1990. Their
petitions for clemency to the Armed Forces Ruling Council (AFRC) were reported
to have been rejected. It was alleged that the trial before the special
military court was held in camera , that a member of the AFRC presided over the
court, that the defendants were held incommunicado after their arrest, that
some were tortured or ill—treated, that the defendants were not allowed to
choose their own defence counsel and that they had no right of appeal to a
higher tribunal against their convictions or sentences.
E/ON.41199 1/36
page 89
354. On 13 September 1990, a further 27 persons were reportedly executed by
firing squad after having been convicted for their involvement in the same
coup attempt in April 1990 and sentenced to death by the special military
court.
355. At the time of preparation of the present report, no reply had been
received from the Government of Nigeria.
Papue. New Guinea
356. On 26 July 1990, a letter was sent to the Government of Papua New Guinea
transmitting allegations that since the Bougainville Revolutionary Army, a
rebel group, began its actions in late 1988 on the island of Bougainville,
and especially since the imposition of a state of emergency on 26 June 1989,
several persons were killed by members of the police and military forces and
some others died in detention as a result of torture.
357. The following case was given as an example of such cases:
On 24 November 1989, Vincent Onari, a maintenance worker at the Bougainville
Copper Limited (BCL) mine, was detained together with another man by members
of the Papua New Guinea Defence Force and severely beaten before being taken
to army camp 10 at Panguna. According to eyewitnesses, Onari, semi—conscious
as a result of the beating, was thrown out of a military vehicle onto the
ground outside the army camp, kicked and beaten again and was shot in the
head. His body was later delivered to the Arawa general hospital.
358. On 13 August 1990, a reply was received from the Government of
Papua New Guinea to the Special Rapporteur's above—mentioned letter of
26 July 1990, stating that in regard to allegations of swnmary executions by
security forces on Bougainville Island in late 1989, although the situation
was not yet normalized, where proper and thorough investigation could be
carried out the Government was conducting an investigation. It also stated
that the Government was considering inviting an independent panel of
Australian jurists to investigate allegations of human rights abuses in
Bougainville.
Paraguay
359. On 11 July 1990, a letter was sent to the Government of Paraguay
transmitting an allegation that on 12 December 1989 at the Staipü
hydroelectric dam project on the Paraguayan/Brazilian border soldiers
belonging to III cavalry division opened fire indiscriminately on workers on
strike, causing the death of two workers named German Cardozo Gayoso and
Hermenegildo Benitez.
360. On 7 December 1990 a letter was sent to the Government of Paraguay
transmitting allegations of several killings having taken place during the
year 1990 in the context of disputes over land ownership. The following cases
were cited by the Special Rapporteur as examples:
(a) On 5 August 1990, Nicolés Caceres, aged 34, member of the Paraguayan
Peasant Movement (Movimiento Canipesino Paraguayo (MOP)), was shot dead by
local authorities, a soldier and four armed civilians near his residence in
Nueva Fortuna, Alto Paraná department, allegedly for his activities as a
E/CN41199 1 136
page 90
peasant leader. These activities were said to have given rise to tensions
between MOP members and a group of other peasants closely linked to the
regional authorities (Delegación de Gobierno). Mr. Caceres' family presented
a formal complaint to the court;
(b) On 10 May 1990, Francisco Baez G6mez, member of the National Peasant
Organization (Organización Nacional Campesina (ONAC)) , was killed after having
been detained by police in Minga Guasü, department of Alto Parani. His body,
bearing signs of torture, was turned over to his familly on 13 May. His
sister instituted a formal complaint against the security forces and police of
Ciudad del Este, holding them responsible for Mr. Baez' death. ONAC expressed
its concern to the local authorities (Cámara de Diputados), requesting them to
take all necessary measures to bring those responsible to justice.
361. At the time of preparation of the present report, no reply had been
received from the Government of Paraguay.
Peru
362. On 17 July 1990, a letter was sent to the Government of Peru transmitting
allegations that during the first months of 1990, summary executions in Peru
claimed a large number of victims especially in the zones under a state of
emergency. According to information received, during the first three months
of 1990 approximately 700 deaths were caused by political violence. This
period was marked by attacks, acts of sabotage and assassinations perpetrated
by armed opposition groups, particularly the Sendero Luminoso (Shining Path) ,
More than half of the deaths caused by political violence itt 1989 were
attributed to Sendero Luminosc.
363. Nevertheless, numerous repo:ts also pointed to the ned forces, the
security forces and paramilitary rou s such as the Conzndo P,cdrigc Franco,
as responsible for many of the deaths. L the e!oergency zones 2 the teilitary
maintained control over the population and reports indicated, frequently
carried out incursions against the Senderc Luminoso in which civilians ware
frequently killed. n regard to reports of peasant deaths in Zayar& as well
as the killing of several witnesees to the ±ncident, to. which the
Special Rapporteur referred in his raçcrta to the forty—fifth and
forty—sixth sessions of the Ccvrais.sion for Hunian Rights (see E, c1c.4/1989J25,
paras. 203, 204, 208, 209 and 210 and E!CN,4/1990/22. paras. 306, 316 (e), 319
and 320), information was received in 1950 citing a lack of action by State
organs charged with carrying out the investigation of these incidents.
Particular preocupation was expressed at reports that courts had filed the
complaints without exhausting the means available for identifying the
individuals or groups responsible for these crimes.
364. The Special Rapporteur received information regarding the following
individual cases:
(a) Estalisnao Polanco Rojas, Francisco Ramos Bautista, Virgilio
Barrientos Ramos, Virginio Barrientos Polanco, Esteban Barrientos Vega, Andrds
Nuamani Polanco, Mafia Bautista Quispe, Franco Ramirez, Clesnente Chaupion
Barrientos and Ignacic Tito, all peasants, were killed on 27 June 1989 by the
army for allegedly refusing to co—operate when an army patrol led by a major
and three offficials entered Pampamarca, Aucara district, Lucanas province,
Ayacucho department, and rounded up all the townspeople in the central plaza;
E IcN.4/l99l/36
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(b) Domingo Quispe, aged 95; Cris6stomo Condori Quispe, aged 58;
Natividad Quispe, aged 90 and Alejandro Quispe Condori, aged 60 all peasants,
were killed on 13 June 1989 in Santa Ana, Lucanas, Ayacucho, when an army
patrol raided the town. On 26 June 1989, the soldiers returned, threatening
and mistreating the townspeople. Casimira Quispe Condori, aged 14, was
allegedly raped by the soldiers in the church and then wounded with a bayonet;
(c) Balvino Iluamani Medina, aged 60; Marcos Torres Salhua, aged 30; Juan
Ruisa Pacco, aged 22; Zenón fluisa Pacco, aged 20; Marcos Zacarias Huisa,
aged 33; Gregorio Alferes Triviffo, aged 20; Julio Huamani Huisa, aged 80; José
fluamani Charcahuana, aged 28; Julio Apfata Tailire, aged 28; Jesils Jauja Sullo,
aged 22; Eustaquio Apfata Salhua, aged 28; Hermeregildo Jauja, aged 60; and
another indigenous person without identification were killed between 23 and
28 April 1990 by members of the army in Apurimac, Chumbivilcas, Cuzco
department, allegedly accused of belonging to Sendero Luminoso. Between
23 and 25 April 1990 a total of 22 persons in Apurimac, Chuchamake and
Nanrapate were detained. On 26 April 1990, 11 of those detained in Capallullo
were shot dead by six soldiers; the other two were killed in the following
days. The bodies of all 13 were not exhumed until 6 May 1990, allegedly due
to the lack of initiative of both the provincial and local judges. The
autopsy showed that all of the bodies bore marks of torture. It was further
reported that although the case was denounced to the attorney general, the
investigation regarding the incident was at a standstill;
(d) On 7 April 1990, Lucio Bautista Tacusi, a student, was shot dead in
Tijuana, Candris, by members of the National Police and the army when they
allegedly were confronted by subversive elements;
(e) On 1 April 1990, Falconeri Saravia Castilla, president of the
Agricultural Federation of Huancavelica and a member of the United Leftist
Party and of the municipal council of Santa Barbara, was found dead bearing
bullet wounds and torture marks in a forest, 10 kilometres from Huancavelica.
He had been detained on 16 March 1990 by a police agent and taken to the
political military command of Huancavelica;
(f) José Burneo Labrin, executive director of the Centre of Studies and
Action for Peace (CEAPAZ) and a member of other human rights organizations,
reportedly received death threats on 15 February and 16 March 1990 by men
dressed in military uniforms who entered his home. He also received telephone
death threats during April and May 1990, both in his home and at CEAPAZ
headquarters;
(g) Francisco Soberón Garrido, co—ordinator of the Pro—Human Rights
Association (APRODEB), received telephone death threats on 1 March 1990 from
members of the paramilitary group Comando Rodrigo Franco.
365. On 10 August 1990, a cable was sent to the Government of P'tru
transmitting the following cases:
(a) Méximo Rico Bazón, an official in the legal advisory office of the
Ayacucho Development Corporation, was killed at his home in the city of
Ayacucho in the early hours of 19 July 1990 by a group of hooded men who bad
shot him three times in the head;
E / ON. 4 / 1991 / 36
page 92
(b) Fernando Luis Colonio Arteaga, a lawyer at San Cristobal de Humanga
National University, had been killed in the early hours of 20 July 1990 at his
home on the Maria rarado de Bellido estate in the sane city by a group of men
who had shot him in the head;
(c) Gabriel Tupia fluamancusi, aged 25, a mining engineering student at
the same university, was killed in the early hours of 21 July 1990 by a group
of hooded men who bad broken into his home on the Mariscal Caceres de Ayacucho
estate and shot him in the head.
366. According to the information received, these four murders had been
committed at times when no one, except for the security patrols, was allowed
on the streets, and it was presumed that those responsible for the murders
were paramilitary groups or security forces personnel.
367. It was also reported that the informants were expressing particular
concern for the lives and safety of lawyers and members of San Cristobal de
Humanga National University, several of whom had been victims of summary
executions in July 1990.
368. In connection with these events, the Special Rapporteur, emphasizing that
the State bears fundamental responsibility for protecting the lives of persons
or. its territory, appealed to the Government to take measures to protect the
life and the security of lawyers and members of San Cristobal de Humanga
National University 9 and requested information on the measures taken and on
abe investigations carried out by the competent authorities in this regard.
359, On 15 August 1990 , a cable was sen: to the Government of Peru concerning
Circ Aramburu Villanueva, professor of biology and head of the student affairs
and welfare off ice of Huamanga University, who was alleged to have been
murdered on Tuesday . 24 July 1990 at 4.00 a.m. by armed men who had broken
into his house and also wounded his daughter Alicia Aramburu.
370. Serious concern was particularly expressed regarding this crime, not only
because of the identity of the victim but also because it was considered to be
the latest of many acts of aggression directed at Huamanga University over the
last decade, including assaults on the lives and security of teachers,
employees and students of the university, as well as attacks on its buildings.
371. In this connection, the Special Rapporteur appealed to the Government to
take measures to protect the life and security of the people at the University
of Huamanga and requested information on the investigations carried out by the
competent authorities regarding the attack on Ciro Aramburu Villanueva and his
daughter.
372. On 9 October 1990, another cable was sent to the Government of Peru
concerning incidents in the department of Puno. According to the information
received, terrorist acts had been committed in that department by the Sendero
Luminoso, such as the murder of National Police colonel Alcantera Mon. A
specialized police team, acting in co—ordination with the armed forces,
carried out various operations in the districts of Orunielo and NuiIoa, Tielgar
Province. It was stated that, as a result of their activities, a number of
peasants not belonging to the subversive movement disappeared, others
(including two elderly persons) died in dubious circumstances in the conununity
E/CN.4/199 1/36
page 93
of Huancayo and many more, including children at a primary school in the
district of Orurillo, Melgar Province 1 were subjected to ill—treatment and
torture.
373. It was further alleged that the lives and physical integrity of innocent
peasants in the department of Puno were in danger because the forces
responsible for the pursuit of the members of the aforementioned armed group
were committing serious violations of human rights.
374. In this connection, the Special Rapporteur appealed to the Government to
take measures to protect the life and the security of the peasants of the
department of Puno and requested information in this regard.
375. On 6 November 1990, a letter was sent to the Government of Peru
transmitting allegations that various new paramilitary groups such as
Counterinsurgency Liberation Movement (Movimiento de Liberación
Contrainsurgencia), with its base in Ayacucho, had recently surfaced and that
while the Sendero Luminoso and the Tupac Amaru Revolutionary Movement (MRTA)
were responsible for a substantial number of deaths reported in 1990, the
armed forces and paramilitary groups were also responsible for violations of
the right to life of a large number of political candidates, trade unionists,
peasant leaders, and civilians suspected of maintaining contact with terrorist
groups.
376. Between April and the last week of August 1990, 1,977 deaths due to
political violence in Peru were reported; 301 were registered for the month
of April alone, with the weeks prior to the presidential and parliamentary
elections (8—24 April) reported as the most violent of the decade. It was
alleged that members of the armed forces and the ex—military belonging to
the paramilitary groups benefited from almost total impunity for their
participation in these killings. The Special Rapporteur referred to the
following cases by way of example:
(a) On 18 June 1990, Jaime Cerrón Palomino, vice—rector of Huancayo
University, and his driver Armando Tapia Gutiérrez were found dead, bearing
signs of torture after having been kidnapped on 8 June 1990 at 8.00 a.m. on
their way to the university by three armed and hooded individuals driving a
blue unmarked van. Security forces maintain strict control of all vehicular
traffic in the area, under a state of emergency, where the abduction occurred;
(b) In the first week of October 1990, a common grave was discovered in
an abandoned mine in Cajaniaravilla, Caratanibo province, department of Lima,
bearing the bodies of Milton Adelino Lo u Mauricio, Eteolino Cornelio Abad,
Elfer Abad Casimero, Roberto Milton Loll Marfano, José Beltrén Chazeo Loli,
Anthrosio Cama. All had their hands bound and had been shot in the head
Mr. Lo u, director of the Victor Andrés Belaunde national school, had been
kidnapped on 14 May 1990 in Abelardo Pardo Lezuma, Bolognesi province, Ancash
department, by 15 members of the police. The others had been kidnapped on
9 May 1990 in Acos municipality, Cachuapampa, Ancash department, by the DOES.
377. Between 7 and 21 October 1990, two common graves bearing the bodies
of 54 peasants were discovered in Cahci and Chi lcahuayco , Ayacucho
department. All the bodies were found shot with military rifles, reportedly
by the DOES forces based in Huanta. The discovery of the bodies was reported
by family members to the district attorney of Ayacucho.
E/ON.4/1991/36
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378. On 29 November 1990, a cable was sent to the Government of Peru
concerning death threats made against Dr. Jávier Diez Canseco, senator of the
Unified Mariatequista Party (Partido TJnificado Mariatequista) and member of
the United Leftist Party (Partico Izquierda linida), and his family allegedly
for his Party affiliations, his activities as a member of the Parliamentary
Commission set up to investigate the massacres in Chumbivilcas in April 1990
and San Pedro de Cachi on 18 October 1990, and his membership in the
commission to reinstitute the investigation into the alleged Government
responsibility in the deaths of some 250 prisoners in three Lima prisons.
379. On 16 November 1990, at approximately 2.00 a.m., an explosive was thrown
at his bouse causing material damage. Civilian groups linked to the security
forces were reportedly responsible for the threats.
380. The Special Rapporteur appealed to the Government to take all necessary
measures to protect Dr. Jévier Diez Canseco and his family and requested
information on the measures taken in this regard.
381. On 4 December 1990, another cable was sent to the Government of Peru
referring to the Special Rapporteur's cable of 9 October 1990 and providing
as requested, further information concerning allegations of death threats and
killings in Orurillo, department of Puno.
382. The information received indicated that between 16 and 21 September 1990,
Sendero Luminoso had carried out an offensive in the department of Puno
killing a colonel of the National Police and three members of DOES, as well as
forcing members of the Agrarian Co—operative of Workers (CAT) to transport
them to the co—operative.
383. It further indicated that, as a consequence, on 27 September 1990, agents
of DOES detained Hugo Cornejo and Roger López Quispe and forced them to act as
shields during an ensuing confrontation with the Sendero Luminoso in which
both men were killed. During the confrontation, three other armed civilians,
Alberto Mayhua, aged 24, Julian Pucamajia, aged 80, and Alejandra Yana,
aged 90, were also killed by DOES agents. The following day these peasants'
homes were ransacked and burned. Continuing death threats against
co—operative members and inhabitants of Orurillo were said to have made these
people fear for their lives and safety.
384. The Special Rapporteur appealed to the Government to investigate the case
and to take measures to protect the lives of the persons threatened with death
and requested information on the outcome of the investigation as well as on
the measures of protection taken by the Government.
385. On 12 January 1990, a communication was received from the Government of
Peru providing information concerning the death of Enrique Lopez Albüjar. It
was stated that on 9 January 1990, at 9.30 a.m., General LOpez Albiajar, fell
victim to a terrorist commando who shot him 15 times, causing his death.
General LOpez Albájar, 58 years old, was Commander General of the Army,
President of the Joint Command of the armed forces, and the first to assume
the head of the Ministry of Defence of Peru, which had recently been created
under the present constitutional system of Peru.
E/CN.4/1991/36
page 95
386. On 16 January 1990, another communication was received from the
Government of Peru transmitting information on the case of
Isalas Aylas Gonzales . It was stated that on 13 January 1990,
Mr. Ay las Gonzales was abducted by terrorist elements, subjected to torture
and shot dead in the San tuis de Yaico zone, 15 kilometres north of Huancayo.
Mr. Aylas Gonzales was 37 years old and worked as an engineer in Ekectrocentro .
387. On 19 January 1990, another communication was received from the
Government of Peru transmitting a list of 38 names of peasant victims of
the Orurillo massacre.
388. on 18 September 1990, a letter was received from the Government of Peru
transmitting cases compiled by the Government regarding violent acts committed
by subversive groups during the months from January to June 1990.
389. On 26 October 1990, a reply was received from the Government of Peru to
the Special Rapporteur's cable of 9 October 1990 requesting that additional
information be provided regarding the incidents of alleged reprisal killings
by military forces in the department of Puno.
390. On 22. November 1990, a reply was received to the Special Rapporteur's
letter of 17 July 1990 transmitting a communication from the Minister of
Defence in regard to military investigations into the killings in Apurimac and
Ayacucho. The communication stated that according to the Joint Command of the
Armed Forces, no military actions were carried out in Apurimac on the dates
cited; the armed forces were therefore in no way responsible for the alleged
incidents and the investigation of the incident in Ayacucho had therefore not
been concluded.
Philippines
391. On 15 June 1990, a cable was sent to the Government of the Philippines
concerning Solema P. Jubilan, a lawyer in Kadapawan, North Cotabato province,
who had allegedly been threatened with death by members of the security forces
since 12 May 1990, when an article had appeared in the “Mindanao Cross” in
which an unnamed military source had alleged that the Children of War Centre
run by Solenia P. Jubilan for orphaned children of war was a front for the
fund—raising activities of the Communist Party of the Philippines (CPP). It
has also been alleged that Jubilan had received numerous threats since 1986.
392. The Special Rapporteur, emphasizing the fact that the State had the
primary responsibility of ensuring that the right to life of those under
its jurisdiction was protected in every possible manner, appealed to the
Government of the Philippines to take all necessary measures to protect the
safety of Solema P. Jubilan and requested any information on the measures
taken by the Government to protect this person as well as on the investigation
carried out by the authorities on the case.
393. On 26 July 1990, a letter was sent to the Government of the Philippines
transmitting allegations that during the preceding year, in the situation of
internal armed conflict, several persons had been killed in a summary manner
by members of the security forces and paramilitary groups under military
E/CN.4/ 199 1/36
page 96
command. The victims were said to be suspected of sympathy for the
New People's Army (NPA) or to be members of trade unions, church organizations
or community groups. Individual cases were reported as follows:
(a) On 18 May 1990, Du lnuan Pio, aged 69, and his wife Tomasa Pie,
aged 50, were killed and their 6—year—old daughter was shot in the chest by
a combined group of 20 troopers of the 133rd Philippine Constabulary (PC)
company and the Citizen's Armed Forces Geographical Units (CAFGU), who shot
at their house in Don Fausto, Padaduan, Dif fun, Quirino;
(b) On 4 June 1990, Jury Rabaca, aged 19; Orgil Escurro, aged 21; and
Teopanis Natividad, aged 28 were shot on their way home from Dumingag
población by armed men allegedly members of the defunct Integrated Civilian
Home Defence Force (ICHDF); Jury Rabaca was killed;
(c) On 26 August 1989, Minda Magdadar was shot dead in Pagadian City,
Zamboanga del Sur by a member of the first “Tabak” division of the Armed
Forces of the Philippines (An). She was reportedly mistaken for her niece,
Maria Name de los Santos Magdadaro, who was abducted on 23 September 1986 and
released on 3 February 1987 after allegedly being raped and ill—treated;
(d) On 14 October 1989, in Cebu City, Darnian Aninon, his wife
Sheila Aninon, who worked for the Visayas office of the Socio—Pastora l
Institute (SN), and Dondil Dungog, aged 6, were killed, their house having
been strafed by unidentified men. The family had received death threats after
having refused to join the anti—communist vigilantes in 1988 and the CAFGU in
September 1989;
(e) On 29 January 1990, Nesto Loberio, aged 25, and Diomedes Abawag,
aged 26, both staff members of Saznar Assistance for Farmers Development Inc.
(SAFDI), were abducted in Samar by men in civilian clothes, said to be members
of the military intelligence group of region 8 (MIG8) of camp Lukban,
Catbalogan, Saniar. On 1 February 1990, Diomedes Abawag's head was found
in the sea. On 4 February 1990, two headless bodies — allegedly of the
victims — were found, one in Catbalogan, the other in Saniar;
(f) On 30 January 1990, Benjamin Mercado, a 42—year—old tricycle driver,
was shot dead by two unidentified men in civilian clothes whom he was driving
to Balanga. Prior to the incident, the victim was questioned at the military
camp by military personnel of the 161st company, where he was threatened;
(g) On 5 February 1990, Ruben Medina was abducted by members of the
Philippines Constabulary—Integrated National Police (PC—INP) and CAFGU members
from the bus No. 85 which bad stopped at a military checkpoint in Bataan. His
body, bearing gunshot wounds and signs of torture, was identified by employees
of the funeral parlour in the harangav the same day;
(h) On 7 March 1990, Oscar Tagulao, aged 28, was shot dead by three
unidentified armed men in Bataan. The victim was allegedly taken by the
perpetrators for his brother, Rufo Tagu lao, an active labour leader long
under surveillance by the military. His other brother, Orlan Tagulao, bad
also been under surveillance by military officers and had been interrogated
by members of the 24th infantry battallion, Philippine army (IBM), in the
barang y one month earlier;
E/cN.4/1991/36
page 97
(i) On 16 April 1990, Artemio Viray, aged 42, chairman of a civilian
organization of the residents of Ipag (MASIPAG) and suspected of being a
member of the NPA, was found dead in Mariveles bearing gunshot wounds in
the head. The victim had gone on 28 March 1990 to the 24th infantry
battalion (IB) where he was taken into custody for interrogation, ills
relatives were never allowed to see him;
(j) On 17 April 1990, Romeo Danan, the President of the Organization
of Agricultural Workers (AMA) and the Confederation for Freedom and
Democracy (CONFREEDEM), was killed in Paanpaga by a member of the CAFGIJ;
(It) On 29 April 1990, David Borja, aged 41, leader of the Southern
Philippines Federation of Labour (SPLF) and regular member of the Kilusang
Mayo Uno (KMU) National Council, was killed by men in civilian clothes in
Lanao del Norte. The military had reportedly raided the victim's house on
several occasions but had failed to find him;
(1) On 15 January 1990, in Zaniboanga del Sur, Cornelio Limbaga, aged 57,
a member of the Basic Christian Community and a member of a farmers'
organization, Kilbsan Magbubukik Pilipinas (KMP), was killed by two local
vigilante groups, Panaginsa sa Democrasya (PD) and Preservation Democratic
Institution of Philippines (PDIP). These groups, based in Buburay,
Dimataling, were commonly referred to as the TADTAD;
(m) On 30 January 1990, in Sugbay Dos, Pitogo, Zamboanga del Sur,
Josef ma Arnaez Abogada, aged 44, was killed by members of CAFGU;
(n) In March 1989, in barangav Buena Vista, Santa Catalina, Negros
Occidental, Nicosia Opian, two farmers and two young children were killed by
a joint counter—insurgency force of the CAFOUs and the PC;
(o) On 16 April 1989, in Pitogo, Zamboanga del Sur, Pastor Ruelo of the
United Church of Christ of the Philippines was shot by a local CAFGU commander
and died three days later. The commander was subsequently charged with
homicide and detained at the 4th infantry battalion where be reportedly died
in custody;
(p) On 21 January 1990, in Sigacad Bayug, Zamboanga del Sur,
Chrispulo Gloriano, a farmer, aged 55, was killed by the detachment commander
of Sigacad and a CAFGU member;
(q) On 3 April 1990, in Kayan, Tadian, Mountain province, Norman Akien,
aged 18, and Antonio Alden Junior, aged 28, were killed by members of the
194th company of the Philippines Constabulary (PC).
394. It was further alleged that on 12 September and on 15 October 1989
chemical bombs were used by the AFP in the neighbourhood of non—military
targets in barangay Bacong, Tulunian, North Cotobato and near Upper Magangit,
Maco, Dacao del Norte. Consequently, several small children reportedly
suffered from diarrhoea, fever, acid suffocation and vomiting. Seven of them
died the following days including Daisy Aplang, aged 7 months, Randy Malit,
aged 7 months, Danny Boy Malit, aged 1 year and 8 months, and Nardo Tamba,
aged 2 years. A number of old people reportedly also died as a result of the
bombing.
E/CN.4/1991/36
page 98
395. Furthermore, two alleged cases of death in custody were described:
(a) On 20 October 1989, in Quezon City, Jacinto t4anois, a 33—year—old
trade unionist, died as a result of torture in police custody;
(b) On the night between 25 and 26 October 1989, in Bontoc,
Mountain province, Jerry Ayban was shot dead while asleep in his cell in the
custody of the Philippine Constabulary—Integrated National Police (PC—IN?).
Immediately after the shooting, one of the guards on duty disappeared.
396. On 18 September 1990, a cable was sent to the Government of the
Philippines concerning several religious workers in Negros Occidental, and
in particular Sister Aquila Sy, Father Gerson Balitor, Father Earnon Gil and
Father Des Quinn who had been subjected to harassment and death threats.
According to the information, hundreds of leaflets signed in the name of
the AKTK (Alliance Against Exploiters of the People), reportedly a
paramilitary group linked to the local military command, had been distributed
to houses in the area of Payao, Negros Occidental, on 8 August 1990, inciting
acts of violence against the aforementioned and other religious workers. The
harassment of Sister Aquila Sy, the current regional co—ordinator of the rural
missionaries in the Philippines and vice—chairperson of the promotion of
church peoples' rights, District V southern Negros Occidental, was said to
be connected with her efforts in July 1990 to locate three members of the
Federation of Internal Refugees in Negros, accused by the military authorities
of being couriers for the New People's Army, who had disappeared shortly after
their arrest, on 6 July 1990, by CAFGLJ members and military personnel.
397. In this connection, the Special Rapporteur, emphasizing that the State
had the primary responsibility of ensuring that the right to life of those
under its jurisdiction was protected in every possible manner, appealed to the
Government of the Philippines to take all necessary measures to protect the
safety of the above—mentioned persons and requested information on the
measures taken by the Government to protect the persons concerned as well
as on the investigation carried out by the authorities on the case.
398. On 28 November 1990, a letter was sent to the Government of
the Philippines, transmitting allegations that in the context of the internal
armed conflict, unarmed civilians were killed in a summary manner by members
of security forces or paramilitary groups or, in some instances, by
unidentified men presumed to be acting with official connivance. Among the
victims were members of church organizations, and more recently, members of
workers' unions, community activists and peasant groups presumably suspected
of supporting armed opposition groups. Alleged cases were described as
follows:
(a) Father Dionisio Tialalay, aged 32, was shot dead on 6 April 1989 by a
member of the Philippines Constabulary (PC) in Tabina, south of Pagadian City,
Zamboanga del Sur. He had previously been warned by the military about his
attempts to secure indemnification for victims of human rights violations.
Rufino Rivera, town councillor of Tabina was also killed in the same incident
by the cousin of the PC member who shot and killed Father Dionisio Malalay;
E ION.4/1991/36
page 99
(b) Manuel Villaseffor, head of the Urban Poor Association Katipunan Ng
Samahang Nakabayan (KASANA), disappeared on 28 May 1989, in Quezon City as he
left a church with two companions. On 29 May 1990, his bullet—riddled body
was found behind a church in Intrainuros, Manila. The bodies of his two
companions were found in separate locations in Manila. He was said to have
received an anonymous letter in May 1989 accusing him of harbouring a known
urban guerrilla;
(c) Tomas Baiboa, aged 44, a teacher, was shot dead on 4 January 1990 by
an investigator of the 321st Pc detachment with a .45 calibre pistol , He was
reportedly detained earlier that day and taken to the 321st PC headquarters
by PC—INP and CAFGU members. The individual detained with Baiboa reportedly
heard gunshots from his cell at approximately 2.00 p .m. that day;
(d) Felipe “Wilson” Leonidas, aged 27, member of the congress of the
United Urban Poor (KPML), died on 1 March 1990, while in custody of the
military group (M b) in camp Bago Bantay in Pag—Asa, Quezon City. He had
been abducted at gunpoint from a Manila restaurant on 22 February 1990 by
unidentified individuals in civilian clothing after attending a peace rally to
commemorate the EDSA revolution anniversary. On 1 March 1990 his sisters were
informed by the commander of camp Bago Bantay that he had committed suicide.
However, the outcome of any official investigation into the suicide was not
known to have been made public;
(e) Hernando Pelaro and Pablito Labrador, both farmworkers belonging
to the NFSW—FGT, hacienda Alibasao local chapter of the Farmworkers' Union,
were shot dead at close range by CAFGU members who invaded a farmworker's
home where the two were among 15 guests. The incident took place on
26 January 1990, in Alibasao, Bargy, Nurcia, Negros Occidental;
(f) Wilf redo Cumawas, member of the hacienda Quiroben local chapter
of the NFSW—FGT Farmworkers' Union, was shot dead on 28 February 1990 at
approximately 1.30 p.m. as he tried to flee alleged members of the military
and CAFGU who raided hacienda Quiroben, Nurcia, Negros Occidental, in search
of opposition sympathizers;
(g) Emelyn Lipon, aged 9, elementary student, was killed and four other
members of her family wounded when members of CAFOU strafed their house on
28 June 1990, in Purok 5, harangay Luinbo, Valencia, Bukidnon. According to
CAFCU, two fanner friends at the Lipon's home were members of the New Peoples '
Army (NFA). On 13 July 1990, an arrest warrant was issued by the Valencia
municipal trial court judge for the three identified perpetrators who were
reportedly still at large;
(b) Sonny Bergorio, a part—time organizer of the NFSW—FGT Farmworkers'
Union, was arrested on 29 June 1990 by soldiers of the 606th brigade of the
Bacong detachment of barangav Na—ao Bago City when they raided hacienda
Manghumay, baranpay Mailum, Negros Occidental. He was shot dead at the
Kulisap detachment, allegedly attempting to escape;
(i) During the period between January and May 1990, at least 14 persons
were reportedly killed in a series of military operations carried out by the
32nd infantry battalion in the barangay of Saad and Dilud, town of Dumingag,
Zamboanga del Sur. The following unarmed civilians were named as among the
victims: on 16, 23 and 25 January 1990: Kadong Gumawak, aged 47;
El CN .4/1991 / 36
page 100
Guntay Andera, aged 14; tJrning Guinangay, aged 27; on 18 and 20 March 1990:
Eson Otes, aged 19; Do Condes, aged 18; Gaulle Tamudong, aged 53; Do Andaloy,
aged 16; from 2 to 9 April 1990: Endo Andera, aged 56; Inday Andera, aged 53;
Tonlo Aden, aged 58; Maiben Aden, aged 27; on 24 April 1990:
Anecito Gumerod, aged 35; Eliseon Condes, aged 35.
399. In regard to the case of Alfonso Surigao Jr., a human rights lawyer shot
dead in Cebu City in June 1988, as noted by the Special Rapporteur in his
report to the forty—fifth session of the Commission on Human Rights (see
document E/CNJi/l989/25, para. 226(c)), it was reported that although the
Philippines Department of Justice had filed criminal charges in December 1989
against a military intelligence officer alleged to have been the person who
ordered the Surigao assassination, that officer had not been arrested and
currently holds the post of commanding officer of a regional security unit.
The Justice Department had also ordered the Cebu prosecutor's office to file
murder charges against the officer in October 1989, but reports indicated this
was never done. The hired killer, however, was convicted of murder in
March 1989 and sentenced to life imprisonment.
400. On 29 January 1990, a reply was received from the Government of
the Philippines to the Special Rapporteur's letter of 24 July 1989
(see E/CN.4/l990/22, paras. 336 to 338), transmitting reports from
the Philippines Commission on Human Rights on some of the cases as follows.
401. Visminda Gran, a pastor of the United Church of Christ, together with her
husband Lovino, was killed on I May 1989 at their residence in barangay del
Pilar, Baliangao, Misamis Occidental, by unidentified armed men. Initial
investigation has revealed that at about 8.00 p.m. on 1 May 1989, while inside
their residence, the Gran couple were shot by five masked men clad in fatigue
uniforms using long and short firearms of various calibre. They were hit in
various parts of their body and died instantly. After shooting the Grans, the
men robbed the house of various items and cash of an undetermined amount.
Thereafter, the killers escaped towards Sitio Baga, harangav Lumipac,
Baliangao. While none of the killers was apprehended, the fact that they were
wearing combat fatigues has given rise to suspicions that the military/CAFGIJ
might have been involved. It was pointed out, however, that anyone can easily
get fatigue uniforms which are also used by other armed and rebel groups.
402. Further investigation was being undertaken by different agencies of the
Government, including the Armed Forces of the Philippines (AFE).
403. Nine persons, Valeriano Bongcayao, Valeriano Bongcayao, Jr.,
Marcelino Bongcayao, Arnold Gavino, Ronaldo de Ia Cruz, Gabriel Pragas,
Ronaldo Juvilla, Jesus de la Cruz, and Herminia de la Cruz, were said to be
the victims of a massacre committed on 28 April 1989, in barangav San José,
Paombong, Bulacan, by members of the 42nd marine company and a group of armed
men believed to be members of NPA.
404. According to the report of the investigation undertaken by the Department
of Justice, the victims were killed as an inevitable consequence of the
encounter between the elements of 42nd marine company and an armed group
believed to be NPA rebels.
405. A hearing on the case was under way in the Commission on Human Rights.
E/CN.4/l99 1/36
page 101
406. Father bonisic HaTaiiav. assistant parish priest f DimataIir 4 g-1abina,
Zamboansa • el ur, and kufi. o Ric-era, a local church Tha ier an tow
councillo ; oT Iabina, wern shot to death on 6 April 1989 it. tt € ouse of
Rufino Rivera at Purok TV , Hilltop p blaciA , Tabina , Zanitoanga de Stir.
Their assaiants were identified as a member of the Philippines
Constabuary (PT) a:-.d his cousin, Nelson Colipano.
401, 4 : omçiaint has been filed before the municipal circui: trial cnurt of
Dimataii g, labina and Pitogo against the suspects, and arrest warrants were
issued agaL st them on i April 1959.
408. Preliminary reports show that between 5.00 and 6.30 p.m. on
21 March 1589, at the población of Catarman, northern Samar,
attorney Oscar Tonog, together with his wife, were hurrying home due to
the rain when an unidentified man suddenly blocked their path, pulled out
a handgun and shot attorney Tonog three times at point—blank range. He was
immediatedly rushed to Samar General Hospital where he died on the following
day. The investigation of the case was still continuing.
409. On 2 March 1989, Romulo de Ia Cruz a suspected NPA member, was shot dead
by a man identified as a CAFGU member, as he slept in a house of a relative in
baranga y Guindapunan, Barain, Samar. The case was still under investigation.
410. Pedro Pagao, Encarnación Pagao, Eduardo Pagao and Rosie Pagao were killed
by elements of the 62nd infantry batallion under the command of a colonel.
According to the report, on 18 February 1989 the mother of one of the victims
heard several shots coming from the direction of Sitio Bangon, Caraynian,
Calbayog, Saniar, about half a kilometre away. The following day, she was
informed by her daughter's neighbour that her daughter's entire family had
been massacred,
411. The case was still under investigation and an exhumation of the bodies of
the victims was conducted on 25 August 1989 by a team of forensic experts.
412. Meliton Roxas, chairman of the Union of Filipro Employees (UFE) chapter
in Cabuyao, an affiliate of the KMU, was shot dead on 20 January 1989 by an
unidentified gunman while he was having his lunch with his wife outside the
Nestlé plant in Cabuyao, Laguna.
413. The Commission on Human Rights was in the process of evaluating the
report from the Philippines Constabulary of Cabuyao.
414. An investigation by the Commission revealed that on 20 November 1988, at
about 10.00 p.m., the residents of barangav Muritela, Agusan del Sur, were
awakened by explosions caused by a bomb that hit the barangay , particularly
the Cogollodo house, resulting in the death of all six members of the family.
According to the witnesses, the bombs had come from San Luis, Agusan del Sur,
where detachments of the 2nd infantry battalion were located.
415. The Commission was still gathering more evidence so that a case could be
filed against the commanding officer of the batallion if warranted.
416. Pedro Ga b was said to have been killed on 10 September 1988 by members
of Alsa Masa in barangay Inabod, Matuguinao, Samar. The case was referred to
the district attorney's office in Samar.
E/CN.4/ 199l/36
page 102
417. On 30 August 1990, a reply was received from the Philippine Commission on
Human Rights (CHR) concerning the case of Attorney Solema P. Jubilan referred
to in the Special Rapporteur's cable of 15 June 1990.
418. The letter stated that this was not the first time that Ms. Jubilan had
reported alleged threats on her life; in 1988 and 1989 she allegedly received
similar death threats, but there was no actual attempt on her life.
419. The letter further stated that the Commission would take, within means
available to it, such measures as would contribute to the safety and
well—being of Ms. Jubilan.
420. The report on the case from the regional field officer based in
Contabato City was attached to the Commission's letter. It referred to the
press conference arranged by Ms. Jubilan at which the alleged death threats
were described, noted the difficulties in investigating cases of death threats
and expressed doubt that any surveillance for her safety was practicable due
to the lack of technical and other means.
421. On 19 October 1990, a reply was received from the Government of
the Philippines, transmitting information from the Philippine Commission on
Human Rights (CHR) on a number of cases communicated to the Government on
26 July 1990 as follows:
(a) Dulnuani and Tomasa Pio: In view of conflicting accounts of the
incident, the Commission on Human Rights regional office in Tugucgarao was
still gathering evidence;
(b) Joery Rabaca, Orgil Escurro and Teopanis Natividad: Criminal
charges for murder and attempted murder were filed against three individuals
in the regional trial court branch 23 of Zainboanga City;
(c) Minda Mag Dadard: No investigation was conducted by the Pagadian
City police department nor was the case filed in court due to lack of evidence
and witnesses. The case remains under investigation by the Commission on
Human Rights;
(d) Damiano Aninon, Marciana Aninon, and Dondil Aninon: To date the
identities of the perpetrators have not been established despite efforts to
this end, and the case continued under investigation;
(e) Nestor Loberio and Diomedes Abawag: A member of the Integrated
National Police (INP) in Catbalogan, Samar, was named as a suspect in the
case, and the investigation was continuing;
(f) Benjamin Mercado: The case remains under investigation by the
Commission on Human Rights. According to the CH It investigation, Mr. Mercado
had been questioned by the PC at camp Tolentino in Balanga, Bataan, prior to
being killed;
(g) Ruben Medina: According to the official police report, Mr. Medina
was apprehended by members of the IN ? at barang y Kaparangan, Orani, Bataan.
While being taken to headquarters at camp Tolentino, Balanga, Bataan, he
allegedly grabbed the firearm of a police escort and was shot dead as be
E / CN. It / 1991/36
page 103
attempted to escape. It was stated that no witness to the alleged attempted
escape had come forward. According to the Commission on Human Rights 1 the
official report of the Samal police remained uncontroverted;
(b) Comelio (Oscar) Taguiao: The Commission on Human Rights is
continuing its investigation of the case;
(i) Romco Danan: A suspect was detained by the Lubao police at the
Lubao municipal jail. The case was forwarded to the judge advocate general's
office 1 northern Luzon command, camp Aquino, Tarlac;
(j) David Borja: The case remains under investigation. Witnesses were
reportedly afraid to provide written statements for fear of reprisal despite
offered protection and relocation assistance;
(k) Cornelio Limbaga: Proceedings were initiated before the municipal
circuit trial court of Dimataling—Tahina—Pitogo, Zamboanga del Sur. An arrest
warrant was issued against a TADTAD vigilante member but remains unserved;
(1) Josefina Abogada: The case remains under investigation by the
Commission on Human Rights;
(m) Pastor Zenaido Ruelo: The Commission on Human Rights closed the
case after the prime suspect, a CAFCU commander of Pitogo, Zamboanga del Sur,
was himself killed following initiation of proceedings against him before the
municipal circuit trial court of Pitogo;
(n) Crispulo Cloriano: Charges were filed against two CAFGU officers
before the municipal circuit trial court of Buug—Bayog, Zaniboanga del Sur;
(o) Norman Alden and Antonio Mien, Jr: The case remains under
investigation by the Commission on Human Rights;
(p) Artemio Viray: The case remains under investigation by the
Commission on Human Rights;
(q) In regard to the alleged use of chemical bombs on 12 September
and 15 October 1989 by the Armed Forces of the Philippines (AFP) against
non—military targets, the Commission on Human Rights closed the case after
a visual inspection of the army's armoury failed to detect bombs or shells
containing toxic chemicals.
t22. Information regarding two alleged cases of death in custody was received
as follows:
(a) Jacinto Manadis: Charges have been filed against two police
officers of the ANCAR division of Quezon City before the judge advocate
general's office in camp Crame, Quezon City. According to the Commission on
Human Rights investigation, he was killed in a shootout when he grabbed and
fired a police officer's gun;
(b) Jerry Ayban: Proceedings were under way before the regional trial
court of Bontoc, Mountain province, against a CAFCU member who, at the time of
the killing, was a corporal of the guard of the provincial forces.
E/CN.4/ 1991/36
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Romania
42.3. On 15 June 1990, a cable was sent to the Government of Romania concerning
reports received according to which at least four persons had been killed
during clashes which occurred from 13 June 1990 onwards in Bucharest between
demonstrators and security forces. It was also reported that a very large
number of miners, who had associated themselves with the security forces, had
violently attacked demonstrators.
424. In this connection, the Special Rapporteur appealed to the Government of
Romania to take all necessary measures to prevent the further occurrence of
such deaths and to protect the safety of the persons concerned and also
requested information on the above—mentioned events and, in particular, on
the investigation carried out by the competent authorities in this regard.
425. On 22 June 1990, the Special Rapporteur received a copy of a letter
dated 18 June 1990 addressed to the Secretary—General from the Prime Minister
of Romania, as well as a copy of a press release issued by the Government of
Romania on 16 June 1990 concerning the events in Bucharest of 13 and
14 June 1990.
426. According to the above—mentioned letter, the events took place in
Bucharest during 13 and 14 June, when, in order to prevent the Parliament and
the country's President from beginning their work — as a result of the free
elections of 20 May — extremist mobs besieged and devastated a series of State
institutions. The violent and irresponsible acts ended with five people dead
and over 100 wounded, and available information clearly showed the existence
of a plan to overthrow the Government by force.
42.7. It was further stated that under such dramatic circumstances, when
the forces of order risked being overwhelmed, the President—Elect and the
Government appealed to the population to help the police and the army to
prevent such acts of violence and vandalism, while giving instructions to
avoid any bloodshed. The Government regretted that, during the actions taken
to restore order, in a situation that remained confused, some citizens were
molested and the headquarters of some political parties were attacked.
According to the letter, at its meeting of 16 June, the Romanian Gover-nnient
established measures to put an end to any illegal acts, to restore the lawful
order and to secure freedom of expression, political activity and the press.
428. With regard to all criminal acts that were perpetrated, the letter stated
that sufficient evidence was available for instituting court proceedings
against those responsible.
429. The press release by the Government on 16 June 1990 referred to the same
events and gave the Government t s account of the events.
430. On 9 July 1990, a letter was received from the Government of Romania in
reply to the Special Rapporteur's cable of 15 June 1990, transmitting a copy
of a letter dated 26 June 1990 to the Special Rapporteur on the situation of
human rights in Romania from the Minister for Foreign Affairs. In addition
to the Government t s account of the events of 13 and 14 June 1990, the letter
stated that on 13 June 1990, after all attempts had been exhausted by the
E/CN.4 1199 1/36
page 105
Government to establish a dialogue with demonstrators, the security forces and
eventually the armed forces were obliged to intervene to put an end to the
situation of disorder and violence. The operation was stated to have been
carried out without any incident. According to the letter, in the afternoon
of 13 June persons armed with knives and Molotov cocktails attacked the
security forces and committed acts of vandalism, and in the evening several
public buildings were attacked and set on fire, trapping people inside. The
Romania Television building was also attacked and ransacked. It was stated
that, in a situation where security forces were in danger of being
overwhelmed, the President—elect and the Government appealed to the population
to support the police and the army; in response, groups of citizens, in
particular workers from Bucharest and other departments (Prahovam Buzen,
Constanta) as well as miners from the Valley of Jiu responded to the appeal.
431. It was further stated that on 18 June 1990, after the events, the
authorities recorded six deaths: one worker was stabbed by extremists,
another died of coronary thrombosis, another died as a result of beatings
during the attack on the television station, and the three others were shot
dead. The letter stated that all the deaths were attributable to the mob
violence of 13 June 1990. It was further stated that on li, and 15 June 1990,
in the course of restoring public order and due to the confusion prevailing at
the time, some excesses did occur including molesting of citizens and attacks
on headquarters of political parties. The letter further stated that on
18 June 1990, the House of Representatives adopted a resolution recognizing
that the intervention by the security forces was necessary and legitimate.
A joint parliamentary commission was said to have been set up in order to
inquire into events occurring between 13 and 15 June and to determine those
responsible.
Senegal
432. On 28 November 1990, a letter was sent to the Government of Senegal
transmitting allegations that during the year 1990, non—armed civilians were
killed in a summary manner and that others were killed after being tortured by
security forces or the military. Most of the killings allegedly took place in
the southern Senegalese region of Casamance where civilians were suspected of
belonging to the Movement of Democratic forces of Casamance (Mouvement des
forces démocratiques de la Casainance (MFDC)) or of providing food or munitions
to that opposition political group. The following cases were described:
(a) Kaoussou Tamba, A liou Tamba, Malick Tamba, Dembo Tanba, and
Souleymane Goudiaby, peasants found dead on 21 September 1990 in
Kanaw village, Casamance, after having been taken away in an army vehicle
by several dozen soldiers who had entered the village with a list of names
of individuals suspected of providing arms to the MPDC;
(b) Younonss Djiba, aged 27, from Kaguitte, Nyassia sub—district,
department of Zinguincher; and Anipa Dakar, from Yotou village, department
of Oussoye. In the beginning of October 1990, the two villagers died
after having been detained and severely beaten at the military base in
Kaguitte village. They had both been arrested by security forces for
allegedly ransacking a food store to provide foodstuffs to the MFDC;
E/CN.4/1991/36
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(c) During the first week of October 1990, in the context of operations
against the MFDC, a patrol of security forces shot dead five unarmed civilians
in Kaguitte village who allegedly attempted to escape.
433. At the time of preparation of the present report, no reply had been
received from the Government of Senegal.
Somalia
434. On 26 July 1990, a letter was sent to the Government of Somalia
transmitting allegations that during the previous year, in a situation of
internal armed conflict between Government forces and armed opposition groups
in several parts of the country, a number of unarmed civilians were killed by
Government forces in a summary manner.
435. The following incidents were described:
(a) In March 1989, in Erigavo, 200 unarmed civilians were killed by
Government troops after the Somali National Movement (5MM) occupied the town
on 16 March 1989 and subsequently withdrew;
(b) On 20 September 1989, in Dobleh, lower Juba region, where the Somali
Patriotic Movement (5PM) was fighting Government forces, some 50 civilians,
including women and children, were killed by Government soldiers. On about
24 September 1989, 18 persons out of some 60 Somali refugees who had fled to
Kenya and were forced to return to Somalia, reportedly were summarily executed
by Somali soldiers;
(c) On about 24 November 1989, in the villages of Wargalo, Do—ol, Dowgab
and Hilmo, near Galkayo, Mudug region, some 120 persons, including women and
children, were executed in a summary manner by Government troops, in reprisal
for a mutiny of soldiers belonging to the local Hawiye clan, or because they
were suspected of having links with the rebel group called the United Somali
Congress (USC). Those executed allegedly included the following:
ilashi Awale Abdi ‘ tm Hogolof”, businessman and Hawiye clan elder; Abdullahi
Abdul—Rhaire “Hogolof”, businessman, relative of the above; Mirreh Aden Abdi;
Abdi Horreh Botan; Haji Shirwa All Bulale, Hawiye clan elder; Hassan Jumaale
Dalah, Islamic teacher; Haji “Dogale”, brother of the above; Abmed Elmi
Farada; Abdi Bans Hassan; and Haji “Sherwanage”.
436. In addition, it was reported that Mohamoud Mohamed Mobamoud,
an 18—year—old student from Mogadishu, was brought to Digfer hospital
on 11 February 1990 in a coma and died on the following day. He was allegedly
arrested on 9 or 10 February 1.990 and interrogated under torture by the
security forces in connection with the flight of his brother from the country.
437. Furthermore, several persons were reportedly sentenced to death by the
National Security Courts for embezzlement of public funds or illegal foreign
currency transactions. It was alleged that the defendants did not receive
fair trials in the National Security Court nor were they allowed to appeal
to a higher tribunal against their conviction and sentences. Cases were
described as follows:
(a) On 30 November 1989, in Mogadishu, six persons, including Abdi Mudey
Abdi, were sentenced to death by the National Security Court;
E/CN.4/199l/36
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(b) The following were also sentenced to death by the National Security
Court and are said to be awaiting execution: Sharnso Mohamed Ali in Baidowa,
an accounts clerk, sentenced to death in December 1988; Asha Mohamed, in
Kismayu, an accounts clerk, sentenced to death in 1987 or 1988; Hassan
Abdikarim Haji Ibrahim, in Mogadishu, a former government accountant,
sentenced to death in February 1989.
438. On 28 November 1990, a letter was sent to the Government of Somalia
transmitting allegations that in the context of an internal armed conflict
intensified by recent offensives of the Somali National Movement (SNM) in
the northern regions, unarmed civilians were killed in a summary manner by
governmental forces particularly in conflict areas. Reports indicated that
apart from indiscriminate attacks, many of the killings were carried out in
retaliation for SNM activities or against civilians for suspected sympathy for
the SNM. The victims reportedly belonged primarily to the Isaak clan. Cases
were described as follows:
(a) On 6 July 1990, approximately 60 unarmed civilians were shot dead by
military police of the presidential guard (“red berets”) at the main stadium
in Mogadishu during a football match. The incident started when the crowd
shouted against a pre—match presidential speech; after the first half of the
match a member of the military police shot into the crowd, provoking
disturbances in the stadium. The military opened indiscriminate fire on the
crowd of 30,000, killing a number of persons. Others died because the
military refused to let the wounded receive treatment;
(b) On 16 August 1990, the Hangash branch of the military police
arrested 17 persons in a restaurant in the northern part of Berbera and
executed them the same evening in alleged retaliation for recent SNM
activities. All 17 were members of the Issak clan, dominant in the town and
suspected by the military of their sympathy for the SNN. The executions took
place without any form of trial. Those executed were the following: Aden
Moha ned Abokor; Abdullahi Abdi All; Aden Elmi Ali; Abmed Ismail Ali; Abdi
Mohamed Elmi; Mi Mohamed Isse; Ahmed Abdi Karshe; Abdi Mohamed Robleh; Aden
Warsame Ali, former police officer; Ali Mohamed Ahmed; Abdullabi Ibrahim Ali;
Abdullahi Ismail Yusuf; Abdi Hagar Dahir; Hussein Elmi Farah; Moogeh Osman
Jibril; Mohamed Abdi Mohamoud, a UNHCR driver; Mohamed Ahmed Salah;
(c) On 16 June 1990, Giuseppe Salvo, an Italian medical scientist,
disappeared from his hotel in Mogadishu. Military or security authorities
reportedly claimed that he committed suicide while in custody after having
been arrested by the authorities in a military zone. Reports indicate he died
of head wounds received while in custody;
(d) In regard to the case of 46 unarmed civilians belonging to the Isaak
clan killed by the presidential military police (“red berets”) on a beach
in Jezira, 30 kilometres south—west of Mogadishu , on 16 /17 July 1989
(see E/CN.4/1990/22, para. 356), it was reported that despite a Government
inquiry after the killings, no action was taken to bring those responsible
for the killings to justice.
439. At the time of preparation of the present report, no reply had been
received from the Government of Somalia.
E / CN .4/1991/36
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South Africa
440. On 3 April 1990, the Special Rapporteur sent a cable to the Government of
South Africa regarding the information received that on 26 March 1990 in the
township of Sebokeng, at least nine persons had allegedly been killed when
police had opened fire on demonstrators. The demonstration, which reportedly
had been declared illegal under the state of emergency, was said to have been
organized to protest against high rents and racially segregated housing.
441. In view of the reported incidents of violence in various parts of
South Africa in the preceding weeks, the Special Rapporteur, feeling seriously
concerned for the life of all those who might be affected by the tense
situation, appealed to the Government to take all necessary measures to ensure
that the right to life of every citizen was protected, and requested
information on the reported deaths in Sebokeng and on the measures taken by
the Government in this connection.
442. On 11 April 1990, the Special Rapporteur sent another cable to the
Government of South Africa in which he expressed his serious concern with
violent internecine black conflict in Natal, most recently during the period
between the end of March and the beginning of April 1990 in Elandskop and
Imbali where some 80 persons had reportedly been killed.
443. In this connection, the Special Rapporteur appealed to the Government to
do its utmost to ensure that the right to life of the individuals concerned
was protected in the above—mentioned situation of violent confrontation, and
requested information in this regard, in particular on the measures taken by
the Government to prevent further loss of lives.
444. On 26 July 1990, a letter was sent to the Government of South Africa
transmitting allegations that in the previous year several persons had been
killed by members of the police when shots were fired indiscriminately at a
crowd of demonstrators or protesters. The following cases were described:
(a) On 29 September 1959 in Richmond, Natal, a 16—year—old schoolgirl
was shot dead when police opened fire on BOO students marching to a police
station to demand the release of detained pupils;
(b) On 18 November 1989, in Germiston, a railway worker on strike was
shot by police and died in the hospital. This shooting occurred while the
police were attempting to disperse a meeting inside the office of the Congress
of the South African Trade Unions;
(c) It was reported on 25 January 1990 that two Kbutsong residents were
shot dead when police opened fire with shotguns as a crowd of protesters was
dispersing after handing a letter to the police listing grievances which
included alleged police brutality;
(d) It was reported that on 8 February 1990 in Garankuwa a crowd of
thousands marching in protest against the “homeland” system was fired on by
Bophuthatswana security forces, using tear—gas and rubber bullets. At least
one person died later in the hospital;
E/CN.4/1991/36
page 109
(e) It was reported that on 9 February 1990 a youth was shot dead in
Lamontville when police opened fire on a crowd of youths passing by the police
office;
(f) It was reported that on 12 February 1990 in Tokoza, during a rally
held to protest against high rents, police opened fire, killing three
persons. Police reportedly claimed to have acted against stone—throwers and
persons burning cars, but the injured victims denied these claims;
(g) It was reported that on 13 February 1990, in Barkly East, two youths
had been shot dead. Residents reportedly stated that they had been
celebrating the release of Nelson Mandela, but the police claimed that they
had attacked a policeman's house;
(h) It was reported that on 13 February 1990 in Ndentsane,
Ciskei, 10 persons were shot dead when police opened fire on celebrating
crowds. It was also reported that police and marchers clashed in
Hammansdraal, Bophuthatswana, during a celebration of the release of
Nelson Mandela, and that a 16—year—old was killed;
Ci) It was reported that on 25 February 1990, police shot and killed
Bongi Nyokong, aged 17, a student at flokwe secondary school, Potcbefstroom,
as he hid under a teacher's bed. The incident followed a day of violence in
the township and an abortive march by teachers on the Department of Education
and Training offices;
(j) It was reported that on 27 February 1990, Bopbutbatswana police
opened fire on a crowd of 8,000 residents of Tblabane, near Rustenburg,
killing two. The demonstration had been calling for the reincorporation of
Bophuthatswana into South Africa;
Ck) It was reported that on 27 February 1990 in Hankutama, Venda,
two persons were killed in a stampede when tear—gas was used to disperse
a crowd at a rally to celebrate the release of Nelson Mandela;
(1) It was reported that on 26 March 1990 in Sebokeng, at least
11 persons were killed by police who opened fire on protesters demonstrating
against high house—rental rates. On 20 April 1990, President de Klerk
reportedly ordered an inquiry into the deaths at Sebokeng;
(m) It was reported that on 20 April 1990 in the Rammulotsi black
township, near Vi ljoenskroon in the Orange Free State, four boys between
13 and 16 years of age were killed when the police opened fire during a
peaceful anti—apartheid demonstration;
Cn) On 15 May 1990 in the Orange Free State town of Maokeng, two youths,
Seiso Mangwerijane, aged 9, and Isahiah mu, aged 18, were killed.
Eyewitnesses claimed that police in disguise hiding under a tarpaulin in a
rented truck had driven into town, and that when the truck stopped several
armed policemen allegedly sprang out and opened fire;
(o) On 20 May 1990 in Thabong, a black township adjoining Welkom, four
persons were killed when the police fired on a crowd leaving a meeting; three
of the wounded died the following day.
E/CN.4/ 1991/36
page 110
445. It was also alleged that in the past year assassinations of political
or anti—apartheid activists have occurred. In some cases in which the
perpetrators were reportedly “unknown”, it was alleged that little progress in
official investigations was made and that most of the perpetrators remained
unpunished. The following alleged incidents are summarized by way of example:
(a) In February 1989, Sawutini Booi, President of the Adelaide Youth
Congress, died following a petrol bomb attack on his home by unknown
assailants;
(b) It was reported that on 14 April 1989, Chris Thandazani Ntuli,
aged 30, an organizer for the Natal Youth Congress, was stabbed to death by
unknown assailants on his way home from a local police station where his
restriction order required him to report twice daily;
(c) It was reported on 9 May 1990 that Colonel Floris Mostent, who
was leading the investigation into the assassination of David Webster on
1 May 1989, claimed to have information that two employees of the Civil
Co—operation Bureau (CCB) had been involved in the murder of Dr. Webster.
A month after the assassination of Dr. Webster, other Five Freedom Forum
representatives bad also been subject to attack. Mr. Jan Mullen, one of the
representatives, died when his house burned down and, although the inquest
ruled that it was accidental death, other FFF members still questioned those
findings. On 25 May 1990, Mr. Lambors Marinaki was reportedly shot twice
while in bed;
(d) In March 1990 in Welkom, Mnikelo Ndamse, a black miner, was beaten
to death by a white vigilante group known as “Blanke Veiligheid” (White
Security) which had been formed in early March 1990 to halt a protest march by
black teachers.
446. As in previous years, several deaths in detention were reported. The
following cases were reported to have occurred in the past year:
(a) In November 1989, in Tembisa, Albert Simelane, aged 30, died shortly
after being detained by police. Allegations of police violence and torture
have been made in regard to his death;
(b) On 16 January 1990 near Ehutsong, west of Johannesburg, Nixon Phiri,
aged 16, died in police custody as a result of torture. A post—mortem
revealed that he had died of a brain haemorrhage caused by external injuries
and shock;
(c) On 29 January 1990, in Mutubatube, Michael Zunga, aged 20, died of
strangulation having purportedly hung himself by his shoelaces while in a
police station. Witnesses said in sworn statements that Zunga was beaten by
police and then thrown unconscious and barefoot into the police van after a
dispute about school fees;
(d) It was reported that in February 1990, in East Rand,
Simon Tshebelale, aged 22, died after having been held as a robbery suspect at
Grootvlei police station. According to a police representative, Tsbebela le
had resisted arrest and “force had to be used by the police, who had found
stolen property in his possession”;
E/CN.4/ 199 1 1 36
page 111
(e) Other deaths in police custody include Sizwe Sithole, aged 20, and
Mandla Manana, aged 27, both of whom were found hanged in their cells at
John Vorster Square police station in Johannesburg. A commission of
inquiry was opened on 30 January 1990 and its report was to be submitted to
President de Klerk in March 1990;
(f) In February 1989, the bodies of Derrick Mashobane, Thabo Mohale and
Porta Shabangu, members of the restricted South African National Student
Congress, were found in Swaziland.
447. It was also alleged that killings occurred in the province of Natal
during clashes between members and supporters of the African National Congress
(ANC), United Democratic Front and members of the Inkatha movement. The
violence in Natal allegedly claimed 80 lives in the week starting
27 March 1990, making a total of 3,000 deaths since 1985. The following
alleged incidents are summarized by way of example:
(a) In December 1989, in the Elanskop area, seven known ANC sympathizers
were murdered in the course of one week;
(b) It was reported that on 4 April 1990, the bodies of
Celestine Mucwabe, aged 36, and her sister Emmerentia, aged 32, were found. It
was alleged that they had been killed because they had been standing next to
people who failed to bow to the command of the “warlord” Ntombela, as they
owed their allegiance to the African National Congress (ANC);
(c) On 28 March 1990 dozens of people were killed in Mr. Ntombela's area
of control.
448. It was further alleged that in the past year extrajudicial executions by
“death squads”, also known as “askaris”, occurred. These death squads were
allegedly linked to the security forces. A commission to study alleged
killing by the death squads known as the Harms Commission, started on
5 March 1990 and inquiry into alleged “hit squads” in Pretoria. The
Commission's mandate was to “inquire into and to report on the alleged
occurrence of murders and other unlawful acts of violence committed in the
Republic of South Africa in order to achieve, bring about or further any
constitutional or political aim .. .“.
449. It was reported on 22 March 1990, that a brigadier of the South African
police had affirmed an affidavit stating that one of the civil co—operation
bureau (CCB) cells had been responsible for the assassination of David Webster
and Anton Lubowski.
450. It was reported on 21 February 1990, that a chain of command involving
several generals and leading to the office of General Malan ran the CCE, which
was funded out of the South African Defence Force (SADF) budget but manned
niainly by former policemen and decommissioned army intelligence officers.
451. It was reported on 26 April 1990 that Capt. Dirk Coetzee had informed the
Harms Commission on 25 April 1990, during its session in London, that he had
been instructed by Brigadier Jan van der Hoven, regional security commander,
to “get rid” of Mr. Mxenge and make the killing look like a robbery.
E/ CM .4/1991 / 36
page 112
452. On 27 April 1990, during the second day of testifying before the Harms
Commission, Mr. Coetzee described how he and his unit of “askaris” (former ANC
members who had been recruited for operations against their former colleagues)
had carried out kidnappings and murders in South Africa and neighbouring
countries.
453. it was further reported that Mr. Coetzee informed the Commission how,
after many failed attempts to add poison (obtained from a senior officer at
the police forensic laboratories) to the drinks of Mr. Vusi, a suspected ANC
infiltrator who had refused to co—operate, and Mr. Peter, who had defected
while studying in Bulgaria, the two men were rendered unconscious by
“knock—out drops” and then had been taken hundreds of miles away to Transvaal,
shot in the head and burned. He claimed that similar treatment bad been
used against another “askari”, Issaac “Ace” Moema, ‘tecause he was always
reserved — his heart wasn't in his job”.
454. On 29 August 1990, a cable was sent to the Government of South Africa
following information received from witnesses in the course of the hearings
held in London together with the United Nations Ad hoc Working Group of
Experts on southern Africa, concerning certain elements of the police and
other law enforcement officials who had been assisting, encouraging,
conniving, supporting and arming the members of the Inkhata movement, who had
reportedly deliberately provoked violence. According to the testimonies, the
law enforcement personnel, in restoring order, had not acted impartially and
in many cases they had used more force than was warranted under the
United Nations code of conduct for law enforcement officials. if the
allegations were true, then substantial blame for violence which had led to
great loss of life lay with the police.
455. in these circumstances, the Special Rapporteur strongly urged the
Government of South Africa to appoint, on an urgent basis, an independent
judicial commission to investigate the role of the police in the violent
conflicts and establish the truthfulness or otherwise of the accusations
against the police. He added that if any official was found guilty of the
accusations, he or she should be prosecuted and/or disciplined as appropriate,
and also requested any information on any action taken by the Government of
South Africa in this regard.
456. On the same day, another cable was sent to the Government of South Africa
stating that during the aforementioned hearings, information was received Erom
a number of witnesses, including his wife, concerning Mr. S.R Maharaj,
a high—ranking member of the National Executive Committee of the African
National Congress, who was in detention under section 29 of the Internal
Security Act. According to the evidence received, a reasonable conclusion
could be arrived at that the life of Mr. Maharaj was in danger.
457. In this connection, the Special Rapporteur appealed to the Government of
South Africa to take all necessary measures to ensure the safety and physical
integrity of Mr. Maharaj, and, in accordance with the letter and spirit of the
United Nations Declaration on Apgttheid and its destructive consequences in
southern Africa, he further strongly appealed for the release of Mr. Mabaraj.
The Special Rapporteur also requested information on any action taken by the
Government in this regard.
E/CN.4/199l/36
page 113
458. On 10 December 1990, a letter was sent to the Government of South Africa
transmitting allegations that in numerous incidents of violence that continued
in 1990 between members of Inkatha and other residents including members of
the African National Congress (ANC), the United Democratic Front (UDF) and
the Congress of South African Trade Unions (COSATU), hundreds of persons
reportedly lost their lives. Since the first clash between Inkatha members
and ANC supporters in Sebokeng on 22 July 1990, in which 27 persons reportedly
died, incidents of violence reportedly spread from Natal province to the
East Rand, West Rand and Soweto. As of October 1990, more than 700 persons
were reported to have been killed in these incidents.
459. According to several sources, throughout these incidents of violence, the
police maintained an inconsistent approach with respect to the bearing of arms
by Inkatha as opposed to non—Inkatha residents. Kwazulu police allegedly did
not remain impartial in the violence but even acted as the armed wing of
Inkatha. In regard to the incident of violence on 22 July 1990 in Sebokeng,
one source stated that although the Minister of Law and Order, the Divisional
Commissioner of Police and the Commissioner of Police were informed beforehand
of a planned attack by Inkat ba on ANC and COSATU supporters, 500 to
600 Inkatha members arrived heavily armed and were accompanied by white
officers. They allegedly attacked Sebokeng residents in the presence of the
police. It was further reported that residents who tried to resist were fired
upon by the police.
460. Furthermore, according to figures provided by the South African
Human Rights Commission, during the first half of 1990, 170 deaths were caused
by police in the course of disruption of public gatherings. The victims were
allegedly hit by shots fired indiscriminately by police at demonstrators or
protesters. By way of an example, it was reported that on 16 February 1990 at
least four persons were killed when police tried to turn back demonstrators
who were on their way to the Bloemfontein appeals court after a meeting in the
township of Botshabelo, Orange Free State, to protest against forced
incorporation into QuaQua.
461. In addition, it was reported on 14 January 1990 that Elias Sanguwane,
a black constable from Jeppe police station, was assaulted by his white
superiors and subsequently died in hospital of a brain haemorrhage.
462. lt was also reported that on 26 July 1990, Taylor Ntsuka, aged 17, was
shot dead on the playground of the Dr. Cingo High School in !laokeng, near
Kroonstad, by two middle—aged white men dressed in khaki, driving a white
Toyota minibus. It was alleged that police knew the identity of the men but
that no arrest had been made.
463. Furthermore, several cases of death in detention were reported as follows:
(a) In February 1990, Tshebelale died at Crootvlei police station in
East Rand after having been arrested as a robbery suspect. According to the
police, Tshebelale had resisted arrest and “force had to be used by police,
who found stolen property in his possession”;
(b) In early 1990, it was learned that Bongani, aged 13, and
Chatrakumtat, aged 14, who were detained on 20 July 1989 by police at
Seearswart police station in connection with a students' school boycott, died
E/CN.4/199 1/36
page 114
after two months tm detention, as a result of torture. It was also alleged that
the day following their arrest, police returned to the school and tried to
break the students t boycott. When the students resisted, the police opened
fire, killing three students named Siphiwe, Dumisay and Wiseman;
(c) On 14 May 1990, a man known as ‘ t Andile” was beaten to death by
two constables at !{umansdorp police station. A 16—year—old witness to the
incident was allegedly threatened by the constables with death if he named
them as responsible for the assault;
(d) On 1 June 1990, police stated that Donald Thabela Madisha committed
suicide by hanging. He was a teacher and a member of the Mahwelereng Youth
Congress, and had been detained on 17 January 1990 in Mahwelereng township,
Potzietersrus, under section 29 of the Internal Security Act. It was not
known whether any investigation had been carried out into his death;
(e) On 10 July 1990, in Rhutsong, Eugene Mbulwana, aged 15, was detained
by police. On 12 July 1990, he was transferred to Walverdiend police station,
suffering from serious head injuries. Reportedly he was left, unconscious, on
the floor for nine hours before being taken to Leratong hospital where he died
on 13 July 1990.
464. At the time of preparation of the present report, no reply had been
received from the Government of South Africa.
i Lanka
465. On 8 June 1990, a cable was sent to the Government of Sri Lanka
concerning Dr. Manorani Saravanamuttu, mother of Richard de Zoysa, and
Batty Weerakoon, the lawyer representing her at the magisterial inquiry into
the abduction and killing of her son in February 1990, who received death
threats demanding that they stop pursuing the case. According to the
information, on 1 June 1990, Dr. Manorani Saravanamuttu had informed the
Moratuwa magistrate's court that she had identified one of the abductors of
her son as a senior superintendent of police in Colombo, who had subsequently
been arrested.
466. In view of several recent cases where lawyers and witnesses involved in
cases brought against members of the security forces had been threatened and
subsequently killed, the Special Rapporteur expressed serious concern for the
safety of Dr. Manorani Saravanamuttu and Batty Weerakoon, and appealed to the
Government of Sri Lanka to take all necessary measures to ensure that their
right to life was protected. He also requested information about the
investigation into these cases of death threats as well as the case of the
killing of Richard de Zoysa, and, in particular, on the measures taken by the
Government to protect the safety of the above—mentioned two persons.
467. On II July 1990, another cable was sent to the Government of Sri Lanka
referring to the above—mentioned cable of 8 June 1990 and stating that,
according to further information, the two policemen currently guarding
Batty Weerakoon's house bad received death threats on 22 June 1990 in
two letters addressed to them by name. As the names of the police officers
had reportedly not been publicized, the fear was expressed that there might
be accomplices inside the police force.
E/CN.4/ 1991/36
page 115
468. In this connection, the Special Rapporteur reiterated his serious concern
for the life of the two police guards and of the two persons referred to in
his previous cable and appealed again to the Government of Sri Lanka to take
all necessary measures to ensure that their right to life was protected, and
requested information concerning the investigation into these cases of death
threats as well as on the measures taken by the Government to protect the
safety of the above—mentioned four persons.
469. On 28 November 1990, a letter was sent to the Government of Sri Lanka
transmitting allegations that during the 32 months of the presence of the
Indian Peace—Keeping Forces (IPEF) in the north—eastern part of the country
under the Indo—Sri Lanka accord signed in July 1987, a large number of unarmed
civilians were killed in a summary manner by members of the IPKF, or by Tazuil
groups allied to the 1PKF and acting with their acquiescence.
470. In addition to the alleged incidents of killings by the IPKF already
transmitted to the Government, the following incident was reported: On
2 August 1989 in Valvettitturai, 52 persons were shot dead by IPKF soldiers
when they rampaged through the town, shot at residents and set fire to houses
and other properties. the victims included Vengadasalam Subranianiam, aged 60,
S. Illayaperumal, aged 70, Rajaguru Javanaraj, aged 11, Aathy Sundareswaran,
aged I I. The attack was said to be the reprisal for the LTTE Valvettitturai
market ambush on an IPKF patrol in which six soldiers were killed.
471. In June 1990, after the Liberation Tigers of Tamil Eelam (LTTE)
reportedly had taken effective control of the north—eastern part of the
country, following the withdrawal of the IPKF from Sri Lanka in March 1990,
heavy fighting was said to have resumed between the Sri Lankan Government
forces and the LTTE, causing a large number of deaths among the civilian
population in Jaffna, Trincomalee and Batticaloa districts. During the
fighting a large number of civilians were reportedly killed in a summary
manner by both sides. While allegations of summary or arbitrary killings by
the LTTE were numerous, including the killings in the eastern part of hundreds
of policemen who had surrendered and incidents of killing of Muslims in
August 1990, reports were received of killing in a summary manner of hundreds
of civilians by Government forces after they regained control of the areas
held by the LTTE. Several of the victims were said to have been killed
summarily after they had been detained. The following were among such
incidents of killings:
(a) On 14 June 1990, in Vavuniya, Batticaloa district, Government forces
shot and killed unarmed civilians, including Anthony Pillai, a public health
inspector, his wife and son, after they had recaptured Vavuniya police station
from the LTTE. About 15 bodies were found on the road;
(b) In the last week of June 1990, in Vellavelli village,
Batticaloa district, 15 civilians, including a school teacher, were killed by
army and police personnel;
(c) After the town of Kalmunai was recaptured by Government forces from
the LTTE on 21 June 1990, soldiers shot residents in their homes, including
Thiyagarajah. On 22 and 23 June, soldiers rounded up men between the ages
E /CN.4 / 199 1 136
page 116
of 16 and 30, lined them up blindfolded and either shot them or stabbed them
to death with bayonets. The bodies were then thrown into shops owned by
Tamils and were set on fire. Over 30 bodies were found in one burnt—out shop,
including the body of 23—year—old Chandrikumar.
472. Furthermore, it was alleged that Government forces carried out
indiscriminate air bombardment and shelling on residential and non—military
targets, including schools and hospitals. The following were reported to be
among the numerous deaths resulting from indiscriminate bombings:
(a) On 13 June 1990, at Amparai Central Camp Tamil Village, 100 persons,
including women and children, were killed;
(b) On 16 June 1990, in Kalavanchikuddi, 10 patients were killed when
the hospital was hit by a bomb;
(c) On 26 June 1990, in Kokkuvil, seven civilians were killed;
(d) On 28 June 1990, in Kilinochi district, eight students were killed
when their school came under attack;
(e) On 30 June 1990, in Pulmottai area, Trincomalee, 40 Tamil displaced
persons were killed by gunfire from a Sri Lankan navy vessel.
473. In addition, in the southern and central parts of the country, killings
and death threats directed at suspected supporters of the Janatha Vimukthi
Peramuna (People's Liberation Front, JVP), opposition members of Parliament
and other suspected opponents of the Government allegedly continued to occur,
although there were fewer reports of such occurrences compared to the period
from August 1989 to February 1990. The following such cases were reported:
(a) On 18 December 1989, Lalith Warushahennadi, aged 24, a student of
agriculture at Peradeniya University, was found dead in Tellabur after having
been detained by army personnel on 12 December at the Yakkalamalla Army Camp
in Galle district;
(b) Following the Government's “shoot—on—sight” orders to police
reportedly issued on 8 July 1990 in the southern provinces, scores of bodies
were found dumped in places such as Diyagama, Ganipaha district; Bandaragama,
Kalutara district; Embilipitiya, Ratnapura district; Suriyawewa and Beliatta,
Hambantota district.
474. With regard to the case of Richard de Zoysa, which was referred to in the
Special Rapporteur's cables of 8 June and 11 July 1990 to the Government, it
was reported that the magisterial inquiry into his death was discontinued on
30 August 1990 and that the Attorney General decided to take no action against
the senior police officer named by de Zoysa's mother as having been among
those who abducted her son in February 1990. According to the information
received, the case was being investigated by police, although police officers
were alleged to have been involved in the abduction and killing of de Zoysa.
E/ON4/ 199l/36
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475. On 17 January 1990, a reply was received from the Government of Sri Lanka
to the Special Rapporteur's letter of 30 October 1989 (see E/cN.4/199O/22,
paras. 386 to 388) and to his cable dated 9 November 1989 (see E/GN.4/1990/2Z,
paras. 389 to 392), coimnenting on the following cases:
(a) Charitha Lankapura: According to police investigations, two
unidentified persons had on 7 July 1989 entered the house where Mr. Lankapura
was boarded and shot him dead. A magisterial inquest was held into this
incident and a verdict of “murder by shooting” was returned by the magistrate
who ordered the police to conduct further investigations;
(b) Kanchana Abeypala: Investigations revealed that he was killed by an
unknown gunman who had entered the house on 20 August 1989. Mr. Abeypala's
father was also injured in the incident. A magisterial inquest was held and
the magistrate ordered the police to conduct further investigations. The
police have reported that those living at Mr. Abeypala's house who had seen
the gunman failed to co—operate and that this has hindered investigations.
No suspect had yet been arrested in connection with this murder and the police
investigation was continuing;
(c) Sarath Karaliyadda: The investigation revealed that on
26 October 1989, eight armed persons dressed in civilian clothes entered
Mr. Karaliyadda's house in Teldeniya police area. These persons had ransacked
the house and removed jewellery and cash. They led Mr. Karaliyadda away from
the house, and his dead body was subsequently found about a quarter of a mile
away. A magisterial inquest was held by the Teldeniya magistrate and was to
be resumed after further investigations.
476. The reply also stated the following on the situation in Sri Lanka:
(a) Unsettled security conditions in the northern, eastern and southern
parts of Sri Lanka due to the escalation of violence remained a matter of
serious concern to the Government. These incidents posed a serious problem
for law enforcement authorities in that normal investigations into these
activities proved extremely difficult; where investigations had been initiated
and judicial inquiries held these could not be completed due to the fact that
the law enforcement authorities had to cope with an unprecedented situation in
maintaining law and order in the context of conditions prevailing at that
time. The judicial authorities, however, continue to investigate reported
incidents under the normal laws, including under habeas corpus procedure which
was available even under the emergency regulations;
(b) In the northern and eastern parts of the country where the IPKF was
present the security situation was not conducive to normal investigations.
Despite the IPKF presence militant Tamil groups in the area had not been
disarmed as envisaged. The introduction of more weapons, the existence of
illegal armed groups and the resulting internecine clashes between rival
militant groups have placed serious impediments in the way of the efforts of
restoring peace and normalcy in the areas concerned as well as on the conduct
of normal investigations into reported violent incidents. To overcome these,
the Government took a number of steps:
(i) Implementing the provisions of the Provincial Council Act in the
areas of law and order;
E/CN.4/1991/36
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(ii) Facilitating negotiations between the Government and the one
militant group (LTTE) which had hitherto remained outside the
democratic process;
(iii) Secured agreement with the Government of India to complete the
withdrawal of the IPKF by 31 March 1990. The Government was also
working towards securing a cease—fire among the rival groups who
were engaged in violence;
(iv) To expedite the ICRO's access to the northern and eastern parts of
the country;
Cc) With regard to incidents reported in areas other than the north and
east, constraints on investigations also existed. However, the situation
improved consequent to measures taken by the Government:
(i) The Government convened an All Party Conference (Ape) to find a
consensus among democratic political parties with a view to
restoring peace and normalcy, and to address and resolve the crucial
national issues which underlie the problems the country has been
facing;
(ii) The Government was seriously concerned about reports concerning
violence by militant groups in the south which did not accept
political negotiations as well as about reported acts of violence by
other unidentified groups. The Government ordered the security
forces and the police to identify and disband any illegal
paramilitary groups in all parts of the country. It also gave clear
instructions to law enforcement agencies that such groups, if they
existed, should be treated as terrorists. An independent
investigation unit comprising senior civilian and police officials
was set up to investigate this alleged phenomenon and to make
recommendations for the disbandment of such groups, if any should
exist. The public was requested to provide information to this unit;
(iii) The Government invited the ICRG to exercise its traditional
humanitarian functions in the country;
(iv) The Government also appointed an independent commission to go into
all aspects of the youth unrest and make recommendations on possible
courses of action to address the rootcauses of the present problems;
Cd) Whilst the Government was deeply concerned about the acts of
violence committed in the country in the past, it was nevertheless hopeful
that the political efforts being undertaken on a broad front would restore
democratic institutions and the functioning of normal law and order machinery.
477. On 28 December 1990, a reply was received from the Government of
Sri Lanka to the Special Rapporteur 's letter of 28 November 1990, providing
information on the efforts made by the Government with regard to the
situations in the north and east of Sri Lanka as well as in the southern
and central parts of the country. It also provided a brief account on the
progress of the investigation into the case of Richard de Zoysa.
E/ cN4/1991/36
page 119
478. With regard to the situation in the north and east of the country, the
reply stated that the Government persisted in its efforts to resolve the
socio—political issues involved, through negotiations with all parties
irrespective of their ethnic origin, with a view to the devolution of
governmental authority; that in pursuit of this endeavour to find a compromise
acceptable to all parties, regional power—sharing structures in the form of
provincial councils were formed by the adoption of the 13th amendment to the
Constitution; that as a result, all political parties and groups, including
the Tamil parties representing the population of the north and east, entered
the democratic political process and that the Liberation Tigers of Tail
Eelam (LTTE) was the only group which refused to do so. According to the
reply, the LTTE refused to participate in both provincial and national
elections, while simultaneously continuing their acts of terror and
intimidation against the people of the north and east and against LTTE's
political rivals belonging to the Tairiil community. It was stated that with
a view to persuading the group to renounce violence, the Government bad
initiated and engaged in a dialogue with the LTTE for over one year. All
possible concrete measures were taken to enable them to feel confidence in the
negotiating processes including the withdrawal of the IPKF from Sri Lanka in
March 1990, and the dissolution of the North East Provincial Council and the
holding of new elections in those areas, thus providing an opportunity for the
LITE to participate, which the LTTE refused to do.
479. It was further stated that the process of devolution of power to the
Councils was further expedited, that the presence of the Government security
forces in the area after the withdrawal of the IPKF was substantially reduced,
that the remaining security forces were confined to their barracks and that
action was taken to create a provincial police force representing the ethnic
ratio of the respective areas. It was also stated that the security forces
were instructed not to do anything which might be seen as jeopardizing the
ongoing dialogue with the LTTE.
480. However, according to the reply, the LTTE resorted to unilateral and
unprovoked violence on 10 June 1990, on police stations in the north and
east. It was stated that these police stations were manned mainly by Tamil
policemen and had even been set up at the request of the LTTE; that a large
number of policemen were abducted, and that some were brutally killed. It was
also stated that two cease—fires offered by the Government were totally
disregarded by the LTTE. The Government could not ignore the violent and
unprovoked attacks initiated by the LTTE, which had flouted all attempts at a
negotiated settlement and had systematically murdered most of the Tamil
political leaders who had advocated the path of democracy and negotiations.
With regard to allegations of indiscriminate bombing by the security forces of
civilian targets, the reply emphasized that the actions which the security
forces were forced to undertake against the LTTE were directed not against
civilians but against the terrorism of the LTTE, and that in fact the security
forces refrained from taking action against the LTTE in certain areas such as
the Mannar area, even at the expense of conclusive military action, as
the LTTE deliberately took refuge behind civilians. It was also stated that
the Government remained committed to a negotiated solution to the problems and
continued to negotiate with all other Tail parties and others within the
framework of the All Party Conference convened for this purpose.
E/CN.4/199l/36
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481. According to the reply, over a million persons of all communities have
been forced to flee their homes for other parts of the country and even
overseas because of forced conscription, extortion and robberies committed by
the LTTE; that civilian administration and transport have been disrupted as a
result of acts of sabotage by the LflE; that atrocities were committed by
the LTTE not only against Tamil and Sinhalese civilians but also against
Muslims in the north and east, including the gruesome massacres at a Muslim
mosque in 1990 and the forced expulsion of over 40,000 Nuslims at one time
from their homes in the Mannar area.
482. In its reply, the Government of Sri Lanka acknowledged that any situation
of conflict where security forces were called upon to take action against
terrorists who merge with the local population could pose hardships for
civilians and operational constraints. It was stated that great care was
exercised to avoid civilian areas and that advance notice was given to
civilians when operations were undertaken to relieve soldiers besieged by
the LTTE terrorists.
483. With regard to the situation in the southern and central parts of the
country, the reply stated that normality had been restored, although there
were reports concerning some residual violence as a result of unidentified
groups reportedly taking revenge on those believed to be responsible for
killings attributed to subversive elements during a period of escalating
violence in 1990. It was stated that the Government was seriously concerned
over such acts, which are illegal under the laws of Sri Lanka, and was taking
severe measures against those responsible for exceeding their legitimate
duties. It was further stated that in order to investigate all such reported
illegal activities, an independent committee headed by two retired judges of
the Supreme Court identified this problem last year and the Presidential
Commission on youth unrest also made reference to this issue; that a mechanism
was already worked out to receive information from the public regarding the
activities of such groups; and that clear and unequivocal instructions had
been given to law enforcement authorities to identify, disarm and disband all
such groups.
484. With regard to the case of Richard de Zoysa referred to in the
Special Rapporteur's communications, it was stated that investigations were
continuing with a view to identifying and prosecuting the offenders in
accordance with the laws of the country. It was also stated that the
magisterial inquest was inconclusive as to the identity of the suspected
offenders, as insufficient evidence was available against the police officer
named by the victim's mother. With regard to the observation that the police
are being entrusted with investigations into allegations involving police
officers themselves, the reply pointed out that the law enforcement
authorities had to depend on the investigative arm of the police to obtain
legally valid evidence to support prosecutions, and that there had been other
similar instances involving police officers which bad eventually resulted in
their detention. It was stated that while the authorities continued to pursue
investigations, the Sri Lankan Parliament would shortly debate a motion
calling for a commission of inquiry into this case.
E/CN.4/1991/36
page 121
Sudan
485. On 8 January 1990, the Special Rapporteur sent a cable to the Government
of Sudan regarding the information received that Gergis A1—Gbous Boutros, an
assistant pilot of Sudan Airways, sentenced to death on 24 December 1989 by
special court number I in Khartoum for having contravened recently introduced
currency regulations, might be facing imminent execution. According to the
information, Gergis Al—Ghous Boutros bad been allowed to have only limited
legal assistance and, under the terms of the procedures of the special court,
could lodge an appeal against his sentence only with the chief justice; he did
not have the right to appeal to a higher tribunal.
486. In this connection, the Special Rapporteur, referring to articles 6
and 14 of the International Covenant on Civil and Political Rights to which
Sudan was a party and also to safeguards 5 and 6 of the annex to Economic
and Social Council resolution 1984/50 of 25 May 1984 entitled “Safeguards
guaranteeing protection of the rights of those facing the death penalty”,
appealed to the Government to make every effort to guarantee the right to life
of Gergis A1—Ghous Boutros and requested information on the above—mentioned
case and, in particular, on the legal proceedings according to which this
person had been sentenced to death.
487. On 7 May 1990, another cable was sent to the Government of Sudan
concerning nine persons — Abderrahmane Farah, Bakir Adel, Abderrassul Al—Nur,
Lieutenant General Fawzi Ahmed Al—Fadel, Lieutenant General Mahdi Babu Nimir,
Fadlalla Burma Nassir, Lieutenant Abderrabmane Sadiq Al—Mahdi,
Abderrahmane Al—Sayed and Brigadier Osman Abdulmutaleb — who were reported
to be among a group of over 35 people arrested in late March 1990 for their
alleged involvement in a conspiracy to overthrow the Government.
488. In the same context it was reported that 28 senior army officers had been
executed on 24 April 1990 after being convicted by a military court. It was
alleged that they had been executed following a sununary trial and that they
had been denied legal representation and the right to appeal to a higher court.
489. Concerned with the fate of the above—mentioned persons who might also
have been tried summarily and might be in danger of execution, the
Special Rapporteur appealed to the Government to make every effort to
guarantee their right to life and requested information in this regard.
490. On 26 July 1990, a letter was sent to the Government of Sudan
transmitting allegations as follows:
(a) On 24 April 1990, 28 retired and serving army officers, accused of
involvement in an attempted coun , were executed after a summary trial, which
lasted for two hours. Before and during the trial, the rights of the accused,
including the right to legal counsel, were not granted. The names of the
28 persons were given as follows: Major—General (retired) Khalid al—Zein Ali,
Major—General (retired) Osman Idriss al—Bolol, Major—General (retired)
Hussein Abde ]. Gadir al Kadru, Brigadier (retired) Mohamed Osman Ahmad Karrar,
Staff—Colonel Ismat Mirqhani Taha, Staff—Colonel Bashir Mustafa Bashir,
Staff—Colonel (retired) Mohamed Ahinad Grassim, Colonel Salab al Sayyid
Hussein, Lieutenant—Colonel Bashir Amir Abu Dik, Lieutenant—Colonel Plohained
Abdel Aziz Ibrahim, Lieutenant—Colonel (retired) al Sayyid Hussein
Abdel Rahim, Lieutenant—Colonel (retired) Abdel Moneim Hassan A u iCarrar,
E/CN.4/1991/36
page 122
Lieutenant—Colonel (retired) Bashir al Tayib Mohanied Saleh, Major Salah Al
Dardiri Babiken, Major el Fatih Khalid Khalil, Major Osnian al Zein Abdullah,
Major Babiker Abdel Rabman Nugudallah, Air Force Major Atrain al Fatih Yusuf,
Major at Sheik at Baqir al. Sheikh, Major Mu'awiyah Yasin All, Major Nihad
Ismail Hainidah, Major Isam al Din Abu al Crassim Mohamed,
Major (retired) al Fatih Abmad Llyas, Major (retired) Sid Abmad Salih,
Major (retired) Taj el Din Fatih at Rahman, Captain Muddathir Moharned Mahjub,
Air Force Captain Mustafa Awad Khawajali, Captain (retired) Abdel Moniem
Khasr Kumerier;
(b) During the past year, several other persons were said to have been
executed after having been sentenced to death by the Special Courts. The
procedure followed by the Special Court allegedly did not guarantee the rights
of the defendant as provided for in the International Covenant on Civil and
Political Rights, including the right to legal counsel before or during the
trial and the right to appeal to a higher tribunal. Cases were described as
follows:
(i) On 14 April 1989, in Khartoum, Arkango Agadad was executed after
having been sentenced to death by the special court No. 2 in
Khartoum;
(ii) On 5 February 1990, in Khartoum, Cergis Al—Ghous Boutros, an
assistant pilot working for Sudan Airways, was executed after having
been sentenced to death on 24 December 1989 by special court No. I
for breaking currency regulations. He was accused of attempting to
smuggle foreign currency out of the country;
(iii) On 17 December 1989, Sayed Ahmed Ali Caballay, a suspected drug
dealer, was executed;
(iv) On 17 December 1989, Magdi Mahgoub, a businessman, was executed for
a similar offence;
(v) On 18 February 1990, in Omdurman, Hani Mohamed Hamad was sentenced
to death by the special court in Undurman, after having been
convicted of drug trafficking;
(vi) On 7 September 1989, Jalal Ahrned Bacre was sentenced to death by the
special court in Blue Nile region, after having been convicted of
drug trafficking;
(c) In the situation of internal armed conflict in the southern part of
the country where rebel forces called the Sudan People's Liberation Army
(SPLA) were active and in several instances killed soldiers after they had
surrendered to the rebel forces, Government forces killed in a summary manner
unarmed villagers during counter—rebel operations. Some examples of such
incidents were described as follows:
(i) On 23 April 1989, in a village near Abri in the Nuba mountains,
17 civilians (men, women and children) were killed in! the village
of lessa by soldiers. The names of 11 victims were given;
EICN.41l99l136
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(ii) On 19 July 1989, 34 men and woman were killed by soldiers. The
names of 11 victims were given. Their bodies were dumped in a well
in the north—west town of Wan;
(iii) On 7 October 1989, in El Narkhiyat Hills, near Khartoum,
21 soldiers, including 14 southerners and 7 from Nuba, suspected of
collaboration with SPLA, were summarily executed on orders of the
minister for cabinet affairs;
(d) Furthermore, on 21 April 1990, in secret detention in Khartoum,
Ali Fadul, aged 30, a medical doctor, died as a result of torture.
491. On 28 November 1990, a letter was sent to the Government of Sudan
transmitting allegations as follows:
(a) In 1990, several persons were sentenced to death by special courts
whose judges were appointed by the President or by military commanders. Some
of the sentences were pronounced under the Narcotics Act of September 1989
which carries a mandatory death sentence for drug trafficking. According to
information received, the safeguards provided for by the International
Covenant on Civil and Political Rights in order to guarantee a fair trial were
not respected in the trials by the special courts. In particular, legal
representation before or during trial and appeals to a higher court were
allegedly not allowed. The following case was described as an example: In
August 1990, Mohammed Fadi lallah Othman was sentenced to death under the
Narcotics Act of September 1989 by the special court in Omdurman after being
convicted of drug trafficking;
(b) In the context of internal armed conflict, renewed in October 1989
after a series of unilateral cease—fires, and particularly in the southern
region of the country where the Sudanese People's Liberation Army (SPLA) had
been active, numerous unarmed civilians were killed in a summary manner by
Government forces or the militia for their suspected sympathy for the 5PM.
Since the Popular Defence Act was passed in November 1989, the militia have
been trained, supported and controlled by the army. Incidents were described
as follows:
(i) In late October and early November 1989, at least 44 unarmed
villagers were killed by Government militia in the Keiga Alkhel area
in southern Kordof an. Over half of the victims were women and
children;
(ii) More than 100 unarmed Nuba villagers were killed in military raids
in October 1989 in the Lagawa area in southern Kordof an;
(iii) Between February and May 1990, dozens of unarmed civilians were
killed by Government troops as a convoy of 13,000 soldiers travelled
from Malahal to Juba in southern Sudan. Several villages were
burned and others looted by the Government soldiers. Civilians in
the area around the town of Ayod were reported to have been
targeted, including the following four elderly men burned to death
in Dior: Gai Mabior, Wen Puot, Bilieu Nyar and Kong Wen.
E/CN.4/1991/36
page 124
492. On 5 February 1990 a reply was received from the Government of Sudan to
the Special Rapporteur's cable of 14 December 1989 (see E/CN.4/1990/22,
paras. 397 to 399) stating that the Secretary—General for Special Political
Questions, Regional Co—operation, Decolonization and Trusteeship of Sudan, had
already made representations to the Head of State of Sudan on the ease of
Dr. Mamoun Mohamed Hussein.
493. On 21 May 1990, another reply was received from the Government of Sudan
to the Special Rapporteur's cable of 7 May 1990 stating that as regards the
nine persons, the Government had set up a commission of inquiry to investigate
their involvement in the conspiracy and that if adequate evidence and proof
were established beyond any reasonable doubt, they would be indicted and would
face a just trial in accordance with the law. It was also stated that
concerning the 28 who were executed by firing squad, these persons bad been
tried by a competent high military court and that the judgement of this court
was fair and could not be subject to an appeal in conformity with the
stipulations of the relevant military laws.
Suriname
494. On 26 July 1990, a letter was sent to the Government of Suriname
transmitting allegations that on 26 March 1990 in Paramaribo, two bodyguards
of Ronnie Brunswijk, the leader of the “Jungle Commando”, a rebel group, were
shot dead by a member of the national army while they were accompanying
Ronnie Brunswijlc and his advisors to a meeting with the commander of the army
for peace negotiations. The two bodyguards were allegedly not armed when they
were shot.
495. At the time of preparation of the present report, no reply had been
received from the Government of Suriname.
Syrian Arab Republic
496. On 26 July 1990, a letter was sent to the Government of the Syrian
Arab Republic transmitting allegations that Munir Fransis died on 14 or
15 April 1990 in al—Muwassa'a Civil Hospital in Damascus due to internal
bleeding caused by torture inflicted during his detention. Munir Fransis was
reportedly arrested together with some 15 persons by al—Amn al Siyassi at the
end of March 1990 in Damascus after slogans critical of the Government were
found written on the walls of the town.
497. On 28 November 1990, a letter was sent to the Government of the Syrian
Arab Republic transmitting allegations that on 13 and 14 October 1990, Syrian
troops reportedly carried out joint military operations with the Lebanese Army
against the forces of General Aoun in Dahr—al—Wahsh and Souk—al—Gharb,
Lebanon. In the context of this armed conflict, a large number of persons
were allegedly killed in a summary manner by Syrian military, in acts of
retaliation for heavy Syrian losses allegedly inflicted by Aoun supporters
who, according to Syrian military sources, opened fire after having waved
white flags and having pretended to surrender. The victims allegedly
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comprised, inter qUa , unarmed Lebanese civilians and Lebanese soldiers of
General Aoun, captured by the Syrian military. The following cases were
described:
(a) On 13 October 1990, approximately 100 soldiers of General Aoun were
reportedly killed in a suninary manner by Syrian military after being captured
and taken as prisoners at Dahr—al—Wahsh, east of Beirut. The bodies brought
from the forest near Dahr—al—Wahsh by the Red Cross to the Baabda general
hospital bore signs of having been shot at close range with hands tied and in
a kneeling position;
(b) On 14 October 1990, 14 unarmed civilians were killed in an arbitrary
manner by Syrian troops in the aftermath of the armed conflict when Syrian
troops reportedly ransacked homes in Esous township in search of Aoun
loyalists.
498. At the time of preparation of the present report, no reply had been
received from the Government of the Syrian Arab Republic.
tun is ía
499. On 28 November 1990, a letter was sent to the Government of Tunisia,
transmitting an allegation that on 3 Nay 1990, the body of flédi Boutaieb, a
student, was found in the desert bearing signs of torture, after having been
forcibly recruited into the Tunisian army after the February 1990 student
uprisings and having disappeared from the Rémada military base on 4 April 1990 ,
500. At the time of preparation of the present report, no reply had been
received from the Government of Tunisia.
Turkey
501. On 26 July 1990, a letter was sent to the Government of Turkey
transmitting allegations that during the past year several persons .were killed
by security forces in the south—eastern part of the country. The victims were
said to be suspected of membership in or support for Kurdish guerrilla
groups. Cases were described as follows:
(a) On 16 September 1989, in Kunicati Village, Hasan Utanc, aged 28,
Tashir Sevim, aged 25 and Basan Caner, aged 39, were abducted around 7.00 p.m.
while they were driving. They were later found dead near Ozbek village in
Mardin province and the time of their death was established to have been at
about 11.00 p.m. It was alleged that the three were killed by security forces;
(b) On 19 July 1989, in Kemerli Village, in Sirnak province,
Mahmut Yasar, aged 14, was killed by security forces while he was herding
sheep;
(c) On 18 July 1989, three inhabitants of Yoncali Village, Haktcari
province, were killed by a security forces commando unit. The three were:
Sehmuz Orhan, BUnyatnin Orhan and Sabri Orhan;
(d) On 17 September 1989, near Derebasi village, Silopi district,
Mardin province, six villagers were killed by security forces. The names of
the six were given as: Fevzi Beyan, Resit Even, Uzeyir Arnik, Abbas Cigdem,
E/QN4/199 1/36
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Sadun Beyan and Munir Aydin. The Emergency Legislation Deputy Regional
Governor reportedly stated on 17 September 1989 that nine terrorists bad been
killed near Derebasi Village when they had not obeyed an order to stop;
(e) On 2 October 1989, in Yakaribesparmak, GUrptnar district,
Nedim Oner, a brother of a tribe leader, was killed in a summary manner by
security forces. On 4 October the Regional Governor reportedly stated that
Nedim Oner was one of six “terrorists” who had died in an armed clash with
security forces;
(f) On 7 November 1989, in Suruc, Ali Ày was shot dead by security
forces while he was sitting in the house of his uncle Igget Ày. The deputy
prosecutor of Sanitiurfa reportedly stated on 15 November 1989 that a Kurdish
Workers Party (PKK) militant had been killed in an armed clash when he refused
to obey an order to stop.
502. On 28 November 1990, another letter was sent to the Government of Turkey,
transmitting a number of alleged cases of deaths in detention as a result of
torture and also an incident of killings by the gendarmerie of unarmed
civilians in a icurdish region. Cases were described as follows:
(a) On 6 May 1990, Ali Akkan died in the custody of the political police
in the Antalya police headquarters after having been arrested on 5 May 1990 at
approximately 10.00 p.m. with two other relatives on suspicion of having given
shelter to a member of an illegal organization. On 6 May his uncle was
informed at the police station that A u Akkan had committed suicide by jumping
out of a window. On 11 May 1990, the Antalya prosecutor decided that there
were no grounds for a prosecution in this case. His relatives and members of
the Human Rights Association, not convinced by the official version of his
death, appealed against the prosecutor's decision and demanded a second
autopsy;
(b) On 4 June 1990, Serdar Cekic Abbasoglu was found dead in his cell at
the Ankara closed prison after having been brought there three days earlier
from Ankara police headquarters. When be arrived at the prison, he was said
to be bleeding from his mouth and nose. Re had been detained on suspicion of
burglary. An official investigation into this case was reportedly initiated
but its findings have not yet been made public;
(c) On 9 June 1990 an armed attack on the Kurdish village of Cevrinili
was reportedly carried out by the ninth regiment of the gendarmerie in which
26 unarmed civilians, primarily women and children, were shot to death, in
retaliation for villagers who bad refused to become “protectors of the
village” under the control of the security forces.
503. On 23 October 1990, a reply was received from the Government of Turkey to
the Special Rapporteur's letter of 26 July 1990 transmitting information on
cases as follows:
(a) Hasan Utanc, Tabsin Sevim, and flasan Caner: The investigation was
being carried out by the public prosecutor of Idil and had so far indicated
that the bodies were found with eyes blindfolded and hands tied, shot with
7.62—calibre bullets from ICalishnikot rifles;
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(b) Mehmet (Mabmut) Yasar: The conclusion of the investigation by the
office of the district governor and confirmed by the provincial governor was
that be was shot dead for not obeying orders to stop during a security
operation near Kemerli, Sirnak province, and that no grounds existed for
further proceedings;
(c) Seybmuz Orhan, BUnyaniin Orhan, and Sabri Orban: Sabri and
BUnyamin Orhan died on the spot in a exchange of fire between security forces
and terrorists; Seymuz was wounded and subsequently died in llakkari state
hospital. Although there was no need for judicial proceedings, the decision
was referred to the Council of State for further examination;
(d) Fevsi Beyan, Resit Even, Uzeyir Arzik, Abbas Cigdem, Sadun Beyan,
and Munir Aydin: Six of nine persons were killed in an armed clash with
security forces, according to an investigation by the office of the governor
and the Council of State, and according to a decision by the administrative
council of Mardin province, there were no grounds for further proceedings;
(e) Nedim Oner: It was established that Nedim Oner opened fire against
security forces in order to enable another terrorist to escape from a
tendarmerie and was shot dead in the crossfire. Competent authorities had
previously issued an arrest warrant for his alleged co—operation with a
terrorist organization and drug—snuggling;
(f) Ali Ày: An investigation by competent authorities concluded there
were no grounds for action against security officials who shot Ali Ày dead
while attempting to arrest him on charges of belonging to a terrorist
organization.
504. On 11 December 1990, a reply was received from the Government of Turkey
to the Special Rapporteur's letter of 28 November 1990, providing the
following information on the cases transmitted:
(a) Ali Akkan: A public lawsuit was initiated against three policemen
on the basis of the Antalya public prosecutor's indictment dated
19 September 1990. In the indictment, the public prosecutor demanded the
punishment of the policemen concerned according to articles 448, 31 and 33 of
the Turkish penal code. The trial proceedings were still continuing at the
2nd Anta lya high criminal court. The court requested the forensic department
to carry out a new medical inquiry in light of the additional information
supplied by the witnesses;
(b) Serdar Cekic Abbasoglu: He had been arrested for theft. On
4 June 1990 he was found dead in his bed inside the prison. The prosecutor
immediately initiated an investigation. No evidence of trauma could be found
as a result of the autopsy. No trace of poison could be detected in the
beverages or in the food found in the room of the deceased. Histopathological
analysis of internal organs revealed no sign of ill—treatment or induction of
extraneous agents into the body. Doctors established the cause of death as
heart failure and aspiration insufficiency resulting from defects in the
coronary artery. Consequently, the public prosecutor decided on
4 September 1990 that there was no ground for further action;
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Cc) Massacre in Cevrimli: On 10 June 1990, a group of PKK terrorists
raided Cevrimli village, Sirnak province, murdering 26 civilians, including
women and children. Attached to the Government's reply on this matter was
a news report from the Turkish daily Tercuman , a statement issued on
13 June 1990 by the Department of State of the United States of America and a
joint declaration by the Turkish parliamentarians attending the Conference on
Security and Co—operation (CSCE) held in Copenhagen in June 1990, all of which
supported the Government's position.
Union of Soviet Socialist Republics
505. On 26 July 1990, a letter was sent to the Government of the Union of
Soviet Socialist Republics transmitting allegations as follows:
(a) In a dispute which arose between Azeris and Armenians in 1987 over
the jurisdiction of Nagorno—Karabakh Autonomous region, and in intercoirmiunal
violence which continued in Armenia and Azerbaijan, more than 300 persons
died on both sides. Among the reported incidents was the following: On
30 January 1990, during a demonstration in the Azeri capital of Baku, more
than 30 Armenian civilians were killed by the demonstrators, including two
women who were thrown from a high building and one pregnant woman who was
burned alive. It was reported that police and soldiers took no steps to
protect the Armenians;
(b) Furthermore, it was reported that on 31 October 1989, at
the PL. 350/5 Strict Regime Camp (1TK) in Pietchorsk region, Komi Autonomous
Soviet Socialist Republic, the prisoner Pavel Sasnsonov, aged 22, died
allegedly after having been beaten by the captain on duty when he rejected
the captain's homosexual advances. The prison doctors reportedly stated that
pneumonia was the cause of his death.
506. On 12 December 1990, a letter was sent to the Government of the Union of
Soviet Socialist Republics, transmitting allegations that killings of unarmed
Armenians, both within the borders of Armenia and in the region of
Nagorno—Karabakh, allegedly by members of the Soviet armed forces and also by
Azeris who allegedly acted under the control of the Soviet army, continued to
occur throughout the year 1990. Specific cases were reported as follows:
(a) On 27 May 1990, in Yerevan, Armenia, six persons were shot dead by
Soviet troops which opened fire at demonstrators;
(b) On 6 September 1990, in the village of Khoznavar, Goris region,
Armenia, Soviet soldiers entered the village together with Azeris in their
tanks and killed two shepherds, Rhachik and Aram Alaverdian, and took 163 head
of cattle;
Cc) On 16 September 1990, on the road to the village of Karasben, Goris
region, Armenia, Soviet soldiers attacked and killed Varteges Ohanian who was
transporting agricultural produce in his truck;
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(d) On 12 October 1990, after midnight, in the village of IChenatsagh,
Goris region, Armenia, two shepherds, A. Hagopjanian and Y. Mirsoyan, were
killed by soldiers, and their 1,400 head of cattle were stolen;
(e) On 22 October 1990, in the village of Leninavan, Martakert region,
Karabakh, Soviet soldiers killed a man named Marten while looting.
507. On 14 January 1991, a cable was sent to the Government of the Union of
Soviet Socialist Republics transmitting information received that on
13 January 1991, at least 13 civilian demonstrators were killed and over 100
of them injured when Soviet troops seized the broadcast facilities in
Vilnius. It was alleged that paratroopers backed by tanks opened fire at
unarmed crowds gathered about the broadcasting centre.
508. In view of the continuing tense situation in Lithuania, the
Special Rapporteur appealed to the Government to take such measures as to
ensure that there would be no further loss of life and that the right to life
of the individual as provided for under article 6 of the International
Covenant on Civil and Political Rights was fully guaranteed and protected. He
requested information from the Government on the above—mentioned incident and
also on the measures taken to prevent further deaths.
509. On 23 January 1990, a letter was received from the Government of the
Union of Soviet Socialist Republics, in addition to its previous reply
dated 8 January 1990 (see E/CN.4/1990/22, paras. 425 and 426) to the
Special Rapporteur's cable of 1 December 1989 concerning the case of
A. Zapevalov (see E/CN.4/1990/22, paras. 422 and 423).
510. The letter stated that the legislation in force in the USSR provides that
no person may be executed except by the sentence of a court of law.
511. It was stated that the rights of the defendant in cases of this kind were
adequately protected, as article 22 of the Fundamentals of Criminal Procedure
of USSR and the Codes of Criminal Procedure of the Union's Republics provide
for the right to defence counsel in cases involving persons accused of crimes
punishable by the death penalty. This right is exercised from the moment the
accused is told the preliminary investigation is over, at which time all the
records of the case are presented to him for review. This ensures the
participation of defence counsel in judicial proceedings (see, e.g.
article 49, para. 5 of the Code of Criminal Procedure of the Russian SSR). It
was stated also that after the judgement has been rendered, the defendant, or
his or her defence counsel, or legal representative has the right to appeal.
Such appeal stays the execution of the judgement. It was stated further that
only the judgements rendered by the Supreme Court of the USSR and the Supreme
Courts of the Union's Republics are not subject to appeal. Such judgements
may, however, be reviewed at the Union level or at Republic level. In the
first case, the Prosecutor General of the USSR, the Chairman of the Supreme
Court of the USSR or one of their deputies may file a protest with the Plenum
of the Supreme Court of the USSR. In the second case, the Prosecutor of a
Union Republic, the Chairman of the Supreme Court of a Union Republic or one
of their deputies may file a protest with the Plenum of the Supreme Court of a
Union Republic. In addition, defence counsel of the convicted person may
petition the above—mentioned bodies. It was stated also that after a death
sentence has taken legal effect, the convicted person has the right to address
E/CN.4/199l/36
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a petition for pardon, to a State body, namely the Presidium of the Supreme
Soviet of the USSR or the Presidium of the Supreme Soviet of a Union Republic,
depending on the respective jurisdiction. This petition is subject to
mandatory examination.
512. It was stated that the entire list of rights of the defendant as
guaranteed by the law had been given to the convict, A. Zapevalov.
513. On 9 October 1990, a reply was received from the Government of the Union
of Soviet Socialist Republics to the Special Rapporteur 's letter of
26 July 1990, transmitting information on the following cases:
(a) With regard to the 30 January 1990 incidents alleged to have
occurred in Azeri, Baku, according to the Procurator's Office of the Union of
Soviet Socialist Republics, the incidents did not take place;
(b) With regard to the 31 October 1989 death in custody of
Pavel Samsonov, aged 22, in the Corrective Labour Establishment (flU),
criminal proceedings were instituted and the investigation was under way.
United States of America
514. On 3 May 1990, the Special Rapporteur sent a cable to the Government
of the United States of America referring to his previous cable of
9 November 1989 concerning the case of Dalton Prejean to which he had received
a reply from the Government dated 24 November 1989 (see E(CN.4/1990/22,
paras. 428 to 433). It was alleged that according to new information,
Dalton Prejean, who had been found to be mentally retarded and bad had a
history of mental illness in addition to the fact that he was aged 17 when he
had conmaitted the murder, was scheduled to be executed on 15 May 1990.
515. Although he was very well aware of the position of the Government as
explained in the above—mentioned reply, the Special Rapporteur recalled the
relevant norms adopted by United Nations bodies. In this connection, he
referred, in addition, to article 6 of the International Covenant on Civil
and Political Rights and to Economic and Social Council resolution 1984/SO,
already quoted in his previous cable, and to Economic and Social Council
resolution 1989/64 of 24 May 1989 entitled “Implementation of the safeguards
guaranteeing protection of the rights of those facing the death penalty” In
paragraph 1, the resolution “ Recommends that Member States take steps to
implement the safeguards and strengthen further the protection of the rights
of those facing the death penalty, where applicable, by: ... (d) Eliminating
the death penalty for persons suffering from mental retardation or extremely
limited mental competence, whether at the stage of sentence or execution ...“
516 , The Special Rapporteur appealed to the Government to make every possible
effort to find a way to spare Dalton Prejean's life.
517. On 17 December 1990, a cable was sent to the Government of the
United States of America concerning the case of Christopher Burger who was
scheduled to be executed on 18 December 1990. According to the information,
Christopher Burger was aged 17 when cozrunitting the offence for which he was
sentenced to death, and in addition was found, in August 1989, to be suffering
from long—term mental illness and organic brain impairment.
E/ON.4/1991/36
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518. Although the Special Rapporteur was aware of the fact that the minimum
age at which the death penalty may be imposed in the State of Georgia is 17,
he appealed to the Government to make every possible effort to spare the life
of Christopher Burger. In this connection, the Special Rapporteur referred
to relevant international instruments and decisions adopted by the
United Nations, particularly article 6, paragraph 5 of the International
Covenant on Civil and Political Rights which states that “the death sentence
shall not be imposed for crimes committed by persons below eighteen years of
age...”, and to Economic and Social Council resolution 1984/50 of 25 May 1984
entitled “Safeguards guaranteeing protection of the rights of those facing the
death penalty”. In paragraph 3, the resolution recommended that “persons
below 18 years of age at the time of the commission of the crime shall not be
sentenced to death, nor shall the death sentence be carried out on ... persons
who have become insane”. The Special Rapporteur referred also to Economic and
Social Council resolution 1989/64 of 24 Nay 1989, entitled “Implementation of
the safeguards guaranteeing protection of the rights of those facing the death
penalty” which recommends in paragraph 1 that “Member States take steps to
implement the safeguards and strengthen further the protection of the rights
of those facing the death penalty, where applicable, by ... (d) Eliminating
the death penalty for persons suffering from mental retardation or extremely
limited mental competence, whether at the stage of sentence or execution ...“
519. On 16 May 1990, a reply was received from the Government of the
United States of America to the Special Rapporteur's above—mentioned cable
of 3 May 1990 stating that the imposition of the death penalty in the
United States was neither summary nor arbitrary, and conformed to all rules
of international law binding on the United States and that the case of
Mr. Prejean was no exception. It was stated that be was duly convicted in a
jury trial, and exercised his extensive rights to appeal his conviction and
sentence in both State and Federal courts and that in those proceedings,
Mr. Prejean would have been able to raise relevant defences and introduce
mitigating factors, including retardation, mental illness and youth.
520. It was further stated that the power to conraute the sentence of
Mr. Prejean lay not with the Federal Government but with the Governor of the
State of Louisiana.
Venezuela
521. On 11 July 1990, a letter was sent to the Government of Venezuela
transmitting allegations concerning the events in February and March 1989
during which several persons died, in addition to those already transmitted
to the Government of Venezuela by the Special Rapporteur's letter of
25 April 1989. It was further alleged that one year after the events, in only
four cases charges were brought against those held responsible for the deaths:
(a) On 1 March 1989, in Palo Verde, Petare, five persons were killed by
soldiers. According to the allegations, the soldiers and members of the
metropolitan police shot from building roofs into the crowd. The names of the
victims were given as follows: Martin José Vásquez, aged 37; José Quintana,
aged 27; Carmen Izquiel Ochoa, aged 14; Yanly Chacón, aged 19; and Roberto
Segundo Valbuena, aged 19;
E ICN.4/1991/36
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(b) On 1 March 1989, in Palo Verde, Petare, Ruben Jávier Rojas Camps,
aged 27, and Joel Mann Candoso, aged 15, were killed by soldiers;
(c) On 28 February 1989, in Maracay, Juan Carlos Cells Pens, an
agronomy student, was killed by the police when he took part in a peaceful
demonstration organized by students;
(d) On 28 February 1989, in Maracay, José ChinquIn Rodriguez was killed
by soldiers;
(e) On 27 February 1989, in the Central Park, Yülixnan Reyes, a student,
was killed by the police;
(f) On 28 February 1989, in El Valle, Miguel José Rondón Bermüdez,
aged 25, a mechanic, was killed by soldiers when he was repairing his car
during the curfew hours;
(g) On 28 February 1989, in El Valle, José Gerónimo Valero, aged 22, was
killed by the police when he and his brother were walking past the police
station of Nueva Granada and La Bandera;
(h) On 28 February 1989, in El Valle, Jesus Zenaido Quijado, aged 25,
was killed by soldiers during raids carried out in his area;
(i) On 28 February 1989, in Antimano, Hector Daniel Ortega, aged 24, a
student, was killed by members of the metropolitan police;
(j) On 28 February 1989, José del Carmen Pirela Leon, aged 16, was
killed by the police when he was shopping with a friend;
(k) On 28 February 1989, in Petare, Pedro Garcia Pereira, aged 26, was
killed by the metropolitan police;
(1) On 2. March 1989, Juan A. Franco Ramos, aged 22, was shot by the
metropolitan police near his home;
(m) On 1 March 1989, Pedro GuIa Laya, aged 26, was killed by soldiers
when he was outside his home during the curfew hours;
(n) On 18 March 1989, Juan Rojas Góimez, aged 19, was killed by the
police;
(o) On 2 March 1989, in El Guarataro, Wolfgang Waldemar Quintana was
killed by soldiers who shot through the windows of Quintana's apartment.
522. On 10 February 1990 a reply was received from the Government of Venezuela
to the Special Rapporteur's letter of 11 December 1989 (see E/CN.4/1990/22,
para. 439) stating that a number of the cases referred to by the
Special Rapporteur were closely related since they originated in the events
that disrupted public order in Venezuela between 27 February and 6 March 1989.
523. It was also stated that special consideration should be given to the
situations arising out of the conduct of the police and the armed forces
during this period, on the basis of information provided by the Fiscal
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General, and in addition to the contents of the Government's reply of
15 August 1989 to the Special Rapporteur (see E/CN.4/1990/22, pares. 441
and 442).
521i. The reply explained that the events referred to involved a serious
disruption of public order and were due to a number of political and social
factors as well as an exacerbation of the prevailing economic difficulties.
The suspension of a number of consitutional guarantees and the intervention of
the armed forces were necessary to restore order. The excesses coinnitted were
regrettable, and the Fiscal General had instructed members of his staff to
initiate the appropriate criminal proceedings and to intervene actively until
a final and enforcible judgement was handed down.
525. Various difficulties confronted the office of the Fiscal General in
its efforts to speed up the respective proceedings in order to secure fair
decisions. For example, in the exercise of their investigative functions, the
police forces had opened files on each of the cases that arose during this
period and referred them to the military courts. In view of this situation,
the office of the Fiscal General contacted the Judicial Police Technical Corps
to point out that it was the responsibility of the judicial authorities, not
administrative bodies, to decide which organ was competent to try cases, and
to request that such actions should not recur in the future.
526. The referral of all the cases to the military system of justice made it
necessary for the office of the Fiscal General to intervene actively to ensure
that the criminal cases in which civilian police officials were suspects were
transferred to ordinary jurisdiction; this process required a considerable
amount of time.
527. Consequently, only a few cases were being dealt with under ordinary
jurisdiction. Progress was made in a number of them as the investigations
concerning the persons listed below would indicate:
(a) Osquelis Campo: The 43rd Criminal Court of First Instance of the
Judicial District of the Federal District and State of Miranda issued an
arrest warrant against officials of the metropolitan police;
(b) Yálimar Reyes: The presumed liability of officials of the
metropolitan police was also established and charges were formulated against
them in the 43rd Criminal Court of First Instance of the Judicial District of
the Federal District and State of Miranda;
(c) Eleazar Mavares: As there was sufficient evidence to justify the
presumption of liability on the part of police officials, the prosecution
officals charged members of the metropolitan police;
(d) Luis Manuel Colmenares: The existence of evidence incriminating
officials of the metropolitan police was ascertained. Criminal proceedings
were instituted in the 42nd Criminal Court of First Instance of the Judicial
District of the Federal District and State of Miranda;
(e) Armando Antonio Canelone: Criminal proceedings were instituted
against officials of the metropolitan police.
E/CN.4/199l/36
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528. In other cases, it has also been difficult to establish any liability
because the aggrieved parties were in the vicinity of armed clashes involving
both members of the military and citizens who were taking part in the protest
and using firearms.
529. With regard to the situation that occurred in Venezuela on 27 February
and the following days, it should be reiterated that although a social
explosion which took the form of looting of a number of businesses occurred
initially, this gradually assumed a different complexion in that property was
destroyed, citizens were assaulted and, finally, groups of armed citizens
fired on the members of State security bodies, killing a number of military
and police officials.
530. In a number of cases the action taken by the intervening forces was
disproportionate, but there was a combination of factors that cannot be
analysed separately- In any case, citizens could not be left undefended
vis—à--vis the unlawful conduct of others who were destroying their property
and threatening their integrity.
531. The office of the Fiscal General did a great deal of work with a view to
accelerating ongoing proceedings so that the responsibilities for the events
that occurred might be established. Regular meetings were held with the
families of persons who died and with non—governmental organizations working
in the field of human rights, for the purpose of co—operating in order to
secure justice.
532. The reply further referred to the events in Aniparo, where 14 persons died
on 29 October 1988. After the Standing Military Court of San Cristóbal issued
arrest warrants against the 19 officials who had participated in these acts,
the Military Court of the Republic of Venezuela annulled the warrants, arguing
that the former court bad no jurisdiction to issue them and ordering the
release of the persons accused.
533. Against this decision, the President of the Republic instructed the
military prosecutor that the appropriate remedies should be exhausted; he
therefore announced an appeal to vacate, that appeal being duly formalized.
534. The appeal to vacate was upheld on 5 December 1989 by the Criminal Court
of Appeal of the Supreme Court of Justice, which stated that the Standing
Military Court was in effect competent to issue the arrest warrants.
Consequently, it ordered that the file should be referred to the Military
Court so that it might pass judgement strictly in line with the precedent
established by the Supreme Court.
535. However, the Military Court had not ruled in accordance with the
precedent set by the Supreme Court of Justice, and the office of the
Fiscal General therefore pressed for the continuation of the case.
536. The reply further stated that the stage currently reached in the cases
mentioned in the report of the Special Rapporteur (E/CN.4/l990/22, para. 439)
was as follows:
(a) Freddy Manuel Dugarte: No new evidence has been produced since 1988
and the investigation therefore remained open;
E/CN.4/1991/36
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(b) José Luis Palomares: This person died on 19 September 1987 in a
military academy. On 12 January 1989, the Second Standing Military Court of
First Instance of Maracaibo declared the investigation closed, since there was
no case, considering that the events which led to the death of this citizen
were accidental and therefore not punishable. The judgement states that the
available evidence indicated that death was caused by moderate to serious
dehydration occurring on Monday, 7 September 1987;
(c) Martin Soto Nijares: The information was currently before
the 40th Criminal Court of First Instance of the Judicial District of the
Federal District and State of Miranda against three police officials;
(d) Felix Rumberto Peila Tadino: This person died on 9 June 1987, as
a result of gunshot wounds caused by persons alleged to be officials of the
Judicial Police technical Corps, attached to the ME group. On 24 August 1989
the ninth prosecution official of the office of the Fiscal General requested
the appropriate information from the 4th Criminal Court of First Instance of
the Judicial District of the Federal District and State of Miranda;
(e) Luis Miguel Villanueva Ibarra: This person died on
15 December 1987, as a result of gunshot wounds caused by persons alleged to
be officials attached to DISIP. The Supreme Court of Justice has not ruled
on the appeal on facts brought by the eighth prosecution official of the
prosecutor's department of the Judicial District of Aragua State on
27 October 1988.
537. On 15 January 1991, a letter was received from the Government of
Venezuela in reply to the Special Rapporteur's letter dated 11 July 1990
concerning the incidents which occurred in the country on 27 and 28 February
and 6 March 1989. The Government noted that its detailed commentary on the
incidents had already been contained in its note dated 10 February 1990. As
regards concrete cases mentioned by the Special Rapporteur, the following
information was provided:
(a) José del Carmen Pirela: The case was pending, in its initial stage,
before a court in the capital;
(F) Yálimar Keyes: On 11 April 1989, a warrant of arrest was issued for
policeman i 1éstor Eduardo Canielón Blanco, on a charge of qualified homicide. A
court later found him guilty of homicide without mitigating factors. But the
prosecutor's office appealed against the court's judgement on the grounds that
the official had been charged with qualified homicide;
(c) Eleazar Mavaras: On 23 February 1990, a warrant of arrest was
issued for Alexis Torres Flores, on charges of qualified homicide and
unwarranted use of a firearm. Warrants of arrest were also issued for
Miguel Angel Andieta, Eliades Alejandro Blanco, Omar Alexis Rodriguez,
Luis Enrique Arandia, José Delf in Acero and Neslón Alf redo Altuve, for their
part in committing the aforementioned of fences;
(d) Wolfgang Waldemar Quintana: The case was pending, at its initial
stage, before a court in the capital;
E / C L 4 / 1991 / 36
page 136
(e) As regards the cases of Juan Carlos Cells Pens,
José Chinquin Rodriguez, Pedro Garcia Pereira and Miguel José Rondón Bermiidez,
the Ministry has so far not been informed of any complaint being filed;
(1) The case of Hector Daniel Ortega is under penal review with a view
to bringing it before a court;
(g) As regards the cases of Martin José Vásquez, José Quintana,
Carmen Izquel Ochoa, Yanly Chacón, Roberto Segundo Valbuena,
Ruben Jévier Rojas, Joel Mann Candoso, José Cerónimo Valero,
Jesñs Zenaido Quijado, Juan Franco Ramos, Pedro Guialya and Rojas Gómez,
according to the fiscal these names appear on the list of persons who died and
were buried in common graves. The exhumation of the bodies is now under way
in order to try to establish the causes of death and to provide confirmation
of death to the relatives;
(It) As regards the case known as the “Arnparo case” (see para. 522 ff.
above) a note dated 12 December 1990 was received providing a summary of
developments prepared by the office of the Fiscal General of the Republic.
The various stages of the inquiry and hearings in the case are described in
detail. Following a decision by the Supreme Court, a military court on
6 August 1990 confirmed the arrest warrants issued against 19 members of the
security forces, rescinded the arrest warrants issued against civilians
José Antonio Arias and Wolmer Gregorio Pinilla, and maintained open the
investigation into the offences under articles 316 and 317 of the Code of
Military Justice. The affair was transmitted on 17 August 1990 to the
permanent council of war of the town of San Cristóbal for execution of the
warrants, and by 19 September 1990 15 of them had been served.
Yugoslavia
538. On 26 July 1990, a letter was sent to the Government of Yugoslavia
transmitting allegations that during the preceding year, in Kosovo province,
security forces resorted to indiscriminate and excessive force in order to
control demonstrations by ethnic Albanians, including opening fire on
demonstrators without warning.
539. Incidents were described as follows:
(a) On 30 January 1990, in Malisheve, a village in Kosovo province, the
police fired shots indiscriminately and without warning in the village square
killing several unarmed villagers. Among the victims was Husni Mazreku,
aged 17, who was killed when shots were fired through the glass panes of his
father's village store;
(b) On 27 January 1990, in the village of Brestovac, commune of
Orahovac, the police fired without warning, killing four persons. Tear gas
was allegedly used only after the shooting;
(c) On 27 January 1990, in Pea, Fatmir Ukaj, aged 17, was shot dead by a
sniper from a bigbrise building. There were reportedly no demonstrations at
that time in that part of the town;
E/ GN4/1991/36
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(d) On 27 January 1990, in Ferizaj, UroXevac, Redbiep Aliu was shot dead
while working in his garage by a member of the Serbian Republic Reserve Police
Units;
(e) On 30 January 1990, near Vucitrn, two persons were shot dead by
policemen who indiscriminately fired without warning at people walking in the
streets. The victims were Sadri Maksuti, aged 53, and Sadik Malaj, aged 23;
(1) On 31 January 1990, in Glogovac, two persons were killed when the
police fired at an assembly of people, reportedly without any cause or warning;
(g) On 28 January 1990, in Suva Reka, Nilot ICryeziu, aged 9, was killed
by the police;
(h) On 31 January 1990, in Stimlje, Bekim Sejdin, aged 15, was killed
during a police action aimed at dispersing a crowd;
Ci) On 1 February 1990, in the village of Lubce, commune of Podujevo,
Ylfete Rummoli, aged 19, was killed, allegedly by the police;
(j) On 1 February 1990, in Podujeva, Fadilj Talla, aged 25, was killed
by bullets fired from a tank belonging to the Yugoslav People's Army Units.
540. In addition to the foregoing, a list of persons who were alleged to have
been killed in Kosovo in January and February 1990 was given as follows:
Qamil Morina (19), Loxhe, Paje; Ragip Uasanmetaj (23), Strelc, Pecan;
Sadik Malaj (23), Stanovc, Vucitrn; Sadri Maksutaj (48), Popove, Podujeve;
Hysni Mazreku (17), Nalisheve; Reshat Ymeri (21), Gjilan; Enver Morina (23),
Cikatove, Glogovac; Sahit Shala (25), Krajkove, Glogovac; Xhevat Hoxha (24),
Gjakove; Fatmin Kerleshi (24), Gjakove; Gani Daci (22), Nabenqjan, Peje;
Ali Hysvukaj (19), Cisk, Peje; Agron Fetann (24), Celinc, Orahove;
Halim iloti (29), Krusha e Madhe, Orahovc; Nesim Elshani (28), Nogavc, Orahovc;
Flilmi Krasnigi (41), Hoca e Vogel, Orahovc; Xhevdet Breznica (22), Dobraje,
Libjan; Mi Kryezin (28), Dubavec, Malisbeve; Shard Morina (22), Citakov,
Glogovac; Islam Morina (31), Topanice, Kamenice; Arsim Abdullahn (17), Mazrek,
Lialisheve; A u Tafa (34), Cannaleve, Shtimle; Bedri Morina (23), Cikatove,
Glogovac; Ahmet Khafqi (54), Dragash; Rasim Masligaj (47), Beleg, Pecan;
Syle Ukhaxhaj (49), Carrabreg, Pecan; Osman Vokshi (66), Peje, Peje;
Selman Vojvoda (22), Llaushe, Serbice.
541. On 10 December 1990, a letter was sent to the Government of Yugoslavia
transmitting allegations that during the past year, in the Kosovo region,
several persons died as a result of police attacks including indiscriminate
shooting at unarmed ethnic Albanian civilians.
542. In addition to those already communicated to the Government, a further
incident was described as follows: on Friday, 13 September 1990, some time
after 3.00 a.m. in the village of Pallatë, district of Podujero, Kosovo,
Bessim Latif 1, aged 22 and Skender Monoll, aged 23 were killed when police
surrounded the village with over 50 police cars and vehicles with polarized
windows and indiscriminately fired at houses.
E/GN.4/ 199 1/36
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543. On 5 September 1990, a reply was received from the Government of
Yugoslavia to the Special Rapporteur's letter of 30 October 1989
(E/CN.4/l990/22, paras. 444—446) concerning allegations that on 27 and
28 March 1989 and during the first days of April, several hundred persons of
Albanian backgroud were killed by security forces during demonstrations in
several towns of Kosovo, particularly in Zur, Malisevo and Gnjilane. The
letter stated that the extremely aggressive and destructive demonstrators, all
Albanian nationalists and separatists, brutally attacked security forces with
stones, knives, inflammable objects and, finally, firearms. As a consequence,
two police officers were killed by demonstrators.
544. The letter stated that faced with such extreme violence which threatened
lives and property in the province, the security officers showed restraint and
undertook only defensive measures to break up the demonstrators. It was
stated that the main aim was to defend human lives and property and to
re—establish public order.
545. The letter further stated than when these measures proved ineffective,
the police forces resorted to firearms, but only in the most critical
situations. These clashes of 27 and 28 March resulted in the death of 22
demonstrators, with 10 dead at the scene and two others who succumbed to
wounds in or on their way to medical institutions. It was stated that police
and investigative officers took all possible measures to carry out proper and
on—site investigation of the deaths. The investigations established the
following:
(a) Zur, commune of Prizren: Djemsit Badalaj, aged 25, a resident of
Zur, Prizren; Djulbehar Badalaj, aged 23, a farmer, wounded in Zur, died in
the general hospital of Pristina; Hajrim Badalaj, aged 13, a pupil, wounded in
Zur, died on 10 April in surgical clinic of Pristina. These deaths occurred
on 28 March 1989 when 600 pupils gathered in the courtyard of the primary
school, which had been closed as a precaution, and refused to return home as
warned. Villagers joined the pupils, and despite police orders to disband,
the demonstrators attacked police vehicles carrying officers and attacked
police with Molotov cocktails and firearms;
(b) Gnjilane; On 27 March 1989, at around 3.00 p.m., Agim Rusiti,
aged 22, from Draganac, Gnjilanc, was wounded when some 10,000 demonstrators
gathered in three parts of the town injured 11 police officers, destroyed
buses and shop windows and used firearms against police and a police
helicopter. Agim Rusiti died on 29 March in the hospital of Pristina;
(c) Pristina, Marsala Tita Street: Vetun Salja, aged 21, a medical
student, was wounded and died in Pristina Surgical Clinic; Ismet Krasnici,
aged 32, a carpenter, died on the spot near “Lab” mosque; Sevdat Berisa,
aged 28, an employee of “Elektroprivreda iCosovo” died on the spot in L. Ribar
Street; Sukrije Obrtinca, aged 16, a student, died on the spot in L. Ribar
Street; Nustaf a Veseljaj, aged 23, a theology student, died on the spot in
Jablanicka Street. His body was discovered on 28 March in a house cellar.
These deaths occurred when demonstrators, mostly young people, persisted in
their attempts to proceed to the city centre, threw at police stones and
Molotov cocktails, attacked police vehicles and a bulldozer, set petrol on
fire, and finally used firearms;
E/ cN4/l991/36
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(d) Tita Miltrovica: Bedri Hasanaj, aged 21, wounded near the bus
terminal, died in the general hospital of Titora Nitrovica; Behar Sumnici,
aged 50, died on the spot, hit by a stray bullet; Hilmi Kajtazi, aged 34,
was wounded near the bus terminal and died in the general hospital of Titova
Mitronica; Hakif Bislimi, aged 33, died on the spot near the bus terminal;
Ramadan Zeceri was wounded near the bus terminal and died in the general
hospital. These deaths occurred when a group of women and children were
joined by a larger group in the “Tainnik” town area who blocked roads with
burning tyres, attacked police with stones and other objects and, finally,
with firearms. Anti—riot devices were used to discourage demonstrators but
the demonstrators fired back killing one police officer;
(e) Dusanovo: Pluharem Kabasi, aged 18, a student, wounded in Dusanovo,
died on route to the hospital; Af rim Bitici, aged 14, a student, wounded in
Dusanovo, died in the Prizren hospital;
(f) Decani: Ismet Coraj, aged 21, a warehouse worker, died on the spot
in Marsala Tita Street; Sali Haderdjonaj, aged 19, a student, wounded in
Ilarsala Tita Street, died on route to hospital; Agim Kuk ljeci, aged 46, a
driver with Kosovotrans, wounded while driving his bus, died on 8 April in
Pristina hospital. The investigation found that he was struck by a stray
bullet.
546. With regard to cases transmitted by the Special Rapporteur
on 30 October 1989 in Malisevo, (see E/CN.4/l990/22, para. 444 (b)), it
was stated that the demonstrations did not result in any casualties.
547. On 27 November 1990, a reply was received from the Government of
Yugoslavia to the Special Rapporteur 's letter of 26 July 1990 concerning
allegations of use of indiscriminate and excessive force by security forces
to control demonstrations by ethnic Albanians in Kosovo province.
548. The letter stated that according to an official investigation by the
Federal Secretariat for Internal Affairs to the Federal Executive Council, in
cases where security forces had resorted to the use of firearms it was under
conditions and in a manner stipulated by law and within the limits of their
legal competence, and that they resorted to firearms only in case of extreme
violence and in legitimate self—defence. The letter further stated that the
objective of the separatists was to impede and prevent the functioning of
legal authorities, regular economic production, traffic and communication by
means of persistent attacks on the lives and property of non—Albanian citizens
and by attacking even with firearms, police officers, who tried to secure the
full legal, personal and property security and safety of all citizens in
Kosovo.
549. According to the letter, police showed utmost restraint and used firearms
only in extreme necessity and in response to shots from behind barricades or
at night, and it was in this context that 28 persons were killed. It was
stated that the internal affairs and court officials of Kosovo and Metohija
did their utmost to conduct investigations, that in 22 out of the 28 cases
of death the authorities were given permission by the families to perform
autopsies, and that the Province Secretariat for Internal Affairs of Kosovo
and Metohija submitted to the district attorney a report on the circumstances
of each death and a report on the investigation conducted by the investigating
judge.
E/CN.4/l991/36
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550. With regard to the incidents referred to in the letter of the Special
Rapporteur, it was stated that allegations of the incidents in Malisf eve and
Brestovac (see para. 539 (a) and (b) above) did not hold true. It was stated
that on 30 January 1990, in Malisevo, Kosovo province, the police clashed with
over 2,000 separatists and not with unarmed villagers, and that only after
prior warnings to disperse were issued and tear—gas was used, and also after
the crowd had fired, wounding a police officer, did the police respond with
fire, causing the death of Husni Nazreku and Mi Kryeziu.
551. In regard to the incidents in Brestovac, Orahovac, it was stated that
on 27 January 1990, 500 separatists throwing stones and flammable objects
clashed with police. The police issued warnings, used tear—gas, and only when
shots were fired from the crowd, did police return fire killing four persons,
Haljim Maljusa Hoti, aged 30; Hiljmi Redze Krasnici, aged 41; Nesim Dzemalja
Eljsani, aged 28; Agron Uka Petab, aged 23.
552. With regard to the incident in Pec (see para. 539 (c) above) it was
further stated that on 27 February in Fec, violence broke out simultaneously
in different places, particularly in the centre where police were shot at from
a crowd of about 1,000 people. In this context, Fatmir Hazir Tikaj, aged 17,
was wounded and died in the hospital of Fec. Other deaths reported in this
clash were as follows: Camil Sulja Norma, aged 19; Gani Malj Daci, aged 21;
Mi Niman Hisvukaj, aged 19; and Osman Voksi, aged 56.
553. In regard to the incident in Ferizaj (see para. 539 (d) above), it was
stated that Redzep Beran (not Redzep Aliu, as described in the Special
Rapporteur's coimnunication) was shot dead in front of his garage, and was an
innocent victim of a clash between police and rioters.
554. Other persons stated to have been killed in similar clashes were as
follows: Sahit Ibise Salja, aged 25, in Clogovac (para. 539 (f));
Enver Bajriz Norma, aged 23, in Glogovac; Sani Ibise Murina, aged 28, in
Glogovac; Selman Vojvoda, aged 22, in Srbica; Ragip Brahim Hasanmetaj,
aged 22, in Decane; Sulj Rarir tJkhadzaj, aged 49, in Decane;
Dzevat Ismet llodzaj, aged 28, in Djakovica; Fatmir Mazluma Krljesi, aged 24,
in Djakovica; Ali Jetulah tafa, aged 35, in Stimija; Dzevdet Hasana Bresnica,
aged 22, in Lipljan; Bekini Ruzdi Sejdiu, aged 15, in Kosare;
Resat Zecir Inert, aged 21, in Onjilane.
555. In regard to the incident near Vucitrn (see para. 539 (e) above), it was
stated that Sadri Maksut and Sadik Malaj were not killed while they were
walking in the streets but in the context of riots on 30 January 1990 on the
main street of Pristina — Titova Nitrovica — when more than 1,000 separatists
set up barricades and refused to disperse after police warnings and tear—gas
were used. The demonstrators opened fire on the police and only then did the
police return the fire. -
556. With regard to the incidents in Stimlja in Malisevo (see para. 539 (f)
and (h) above), it was also stated that on 31 January 1990 the situations were
similar in the village of Stiinlja, where 800 separatists set up barricades,
and near the village of Glogovac where 2,000 demonstrators besieged the
railway tracks. With regard to the incident on 28 January 1990 in Suva Reka
(para. 539 (g)), it was further stated that although it was a regular practice
for Albanian separatists to use women and children for cover, it was not
Milot Kryaziu, aged 9 who was killed but Melit (Zejnela) Kryeziu, aged 32.
E/CN.4/199 1/36
page 141
557. With regard to the incident along the Podujevo—Pristina road
(see para. 539 Ci) and Ci) above) on 1 February 1990, it was stated that
separatists had set up barricades and threw Molotov cocktails to prevent the
passage of a police convoy. In this clash Ylfete Humoli and Fadilj Talla were
shot dead.
558. In regard to the other deaths referred to in the Special Rapporteur's
letter, the reply stated that it was established that Bedri Morina, aged 23,
from Cikatova and a philosophy student in Pristina, was not killed. It was
also stated that persons with the names of Arsim Abdullahn from Mazreke,
Ahmet Khafqi from Dragas and Rasim tlasligaj from Beleg did not exist.
559. islam Norma from Topanica was said not to have been shot in riots but
when the driver of a car in which cc was riding ran into a police patrol at
high speed outside Kosovo on 5 february 1990. Criminal charges were brought
against the driver for attacking POt CC officers.
560- On 55 January 1991, a reply was received from the Government of
Yugoslavia to the Special Rapporteur s latter f 10 December 1990 stating
thac. as already explained in the QoveonmenUs letter of 27 November 1990, the
well-organized and aggressive Albanian secessionist movement in Kosovo was the
most drastic example of minority right abuses for the 2urpose of secession,
unprecedented in Europe in the post—war period. it was also stated tl az in
the face of such an aggressive separatist drive, also having terrorist
Features, it was necessary to take all measures required by law with a view to
defending the territorial integrity of Serbia and the unity of Yugoslavia as a
whole and that the introduction of these measures resulted in losses of human
life, as was the case with Besim Latifi and Skender Monolli.
561. According to the reply, in order to discover the location of smuggled
arms and ammunition, the police sealed off a few residential buildings and
other facilities in the village of Palatna on 13 September 1990 at 5.30 a.m.
It was stated that the persons trapped in the buildings and those hiding in
the adjoining woods put up strong resistance until 11.10 a.m. and that shots
were fired at the police and their vehicles. It was stated that despite the
police warning, the shooting intensified and a policeman was seriously wounded
by the shots fired by Besim Latifi; the police fired back and Latifi died
instantly. It was also stated that while one of the buildings was being
searched, Skender Nonolli opened fire on the policemen standing by their car,
gravely injuring a police officer; the police fired back at him, he was
wounded, and later died in a hospital at Pristina.
562. After the search had been completed, the following items were found:
four army rifles, four guns, a large supply of ammunition for guns and rifles,
slow—burning dynamite sticks and a radio transmitter.
563. It was stated that the investigation on the scene was conducted by two
teams, including examining magistrates and public prosecutors from Pristina;
that on the basis of the very thorough investigation it was established that
the police had used firearms in accordance with its legal authority
(under article 44, para. 1, subpara. 5 of the Law of the Republic of Serbia on
Internal Affairs and article 6, para. 1, subpara. 3 of the rules for the use
of firearms), in order to deter direct attacks endangering life, and only
against persons firing at and wounding police officers. The reply concluded
E/CN.4/199 1/36
page 142
by stating that the allegations contained in the Special Rapporteur's letter
of 10 December 1990 that the police fired indiscriminately at unarmed Albanian
civilians were unfounded.
564. The reply also referred to the Law on Internal Affairs Relating to the
Use of Fireanns. In carrying out their duties authorized internal affairs
officers resort to firearms and other means of coercion in compliance with the
Law on Internal Affairs of the Socialist Autonomous Province (SAP) of Kosovo
( Official Gazette 1 SAP of Kosovo , No, 46/87). Under article 63 of the above
law, officers are authorized to resort to the use of firearms if there are no
other means of protecting human lives or to counter an attack endangering the
lives of officers on duty. It was further stated that, under article 68, an
officer on duty, before resorting to firearms or other means of force, is
obliged to warn the person in question beforehand of his intentions providing
that the circumstances allow for it.
Zaire
565. On 26 July 1990, a letter was sent to the Government of Zaire
transmitting allegations that in April and May 1990, several students and
politial activists were shot dead by Gover-nnient forces in a summary manner
for their activities in support of political reforms.
566. The following incidents were described:
(a) On 30 April 1990, in Kinshasa, several members of the Union for
Democracy and Social Progress (UDPS) were killed by soldiers of the Division
péciale présidentielle (DSP) using guns and bayonets to disperse a gathering
of the Union. Among those killed were Mwamba Denis and Swala Bwala;
(b) During the night of 11 May 1990, in Shaba region, several students
were shot dead or killed with bayonets and machetes at the campus of
Luburnbashi University, by soldiers of the DSP. According to a source, the
number of victims reached over 100. The killings reportedly took place after
some students had beaten several of their colleagues who were suspected of
being informers for the security services.
567. At the time of preparation of the present report, no reply had been
received from the Government of Zaire.
E/CN. .4/l991/36
page 143
III . LEGAL AND ANALYTICAL FRAMEWORK WITHIN WHICH THE MANDATE
OF THE SPECIAL RAPPORTEIJR IS IMPLEMENTED
568. The mandate of the Special Rapporteur was established by Economic and
Social Council resolution 1982/35, the first two paragraphs of which define
its normative basis: the Universal Declaration of Human Rights and the
International Covenant on Civil and Political Rights. These instruments, it
is recalled, guarantee the right to life, liberty and security of the person
and seek to ensure that every human being has the right to life, that such
riri-t shall be protected by law and that no one shall be deprived arbitrarily
c i his or rier life.
Relevant provisions of the Covenant include article 4 concerning a state
t i rerre t :y , article 7 concerning torture or cruel, inhuman or degrading
trsattanc or punishment, article 9 ronoerning the right to liberty and
person, article 10 ccncernir'g the treatment of persons deprived of
:oetr liberty, article 14 concerning the right of the person to procedural and
;E iue crrcess of law and article 15 stating the principle of nulla
; t_s j tg . These provisions ara tonsidered against the background of
€ ot :he Ccvenant and artitle 3 of the Universal Peclaration, both of
arfirm the inherent right of every human being to life. The mandate of
ra Soecial :lapporreur has to be understood within the legal context of the
orecering tirovisions as well as izhin the factual context prevailing in a
part i lar country
50 , In addicion, the Special Rapporteur is guided by a number of other
standards promulgated by United Nations organs and bodies. These are: the
Standard Minimum Rules for the Treatment of Prisoners (Economic and Social
Council resolution 663C OG(IV) of 31 July 1957 and 2076 (LXII) of
13 May 1977), the Declaration on the Protection of All Persons from Being
subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (General Assembly resolution 3452 (XXX) of 9 December 1975);
the Code of Conduct for Law Enforcement Officials (General Assembly
resolution 34/169 of 17 December 1979); the Safeguards guaranteeing protection
of the rights of those facing the death penalty (Economic and Social Council
resolution 1984/SO of 25 Nay 1984); the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (General Assembly
resolution 39/46 of 10 December 1984); the Body of Principles for the
Protection of All Persons under Any Form of Detention or Imprisonment
(General Assembly resolution 43/173 of 9 December 1988); the Effective
prevention and investigation of extra—legal, arbitrary and summary executions
(Economic and Social Council resolution 1989/65 of 24 May 1989); and the Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials
(adopted by the Eighth United Nations Congress on the Prevention of Crime and
the Treatment of Offenders, held in Havana, Cuba, from 27 August to
7 September 1990; the text of these Principles is attached as an annex to the
present report).
571. Finally, the Special Rapporteur, in the implementation of his mandate
during the past year and in the drafting of the present report, took into
account resolutions 1990/75 and 1990/76 adopted by the Commission on Human
Rights at its forty—sixth session. The first requested the Special Rapporteur
to pay attention in his report to the consequences of acts of violence
E/CN.4/199 1/36
page 144
committed by irregular armed groups and drug traffickers upon the enjoyment of
human rights. The second requested him to take urgent steps in conformity
with his mandate to help prevent the occurrence of acts of intimidation or
reprisals and to devote special attention to this in his report.
572. The mandate of the Special Rapporteur gradually has come to define its
terms of reference through practice and the Special Rapporteur has dealt with
situations which can be categorized as follows:
(a) Allegations of executions or deaths which night have taken place in
the absence of safeguards such as those set forth above, designed to protect
the right to life. These allegations concern:
(i) Actual or imminent executions:
g. Without a trial;
I a . With a trial but without safeguards designed to protect the
rights of the defendant as provided for in articles 14 and 15
of the International Covenant on Civil and Political Rights;
(ii) Deaths which took place:
. As a result of torture or cruel, inhuman or degrading treatment
during detention;
I a . As a result of abuse of force by police, military or any ot ier
governmental or quasi—governmental forces;
ç. As a result of assault by paramilitary groups under official
control;
j. As a result of assault by individuals or paramilitary groups
not under official control, but acting with official collusion
or connivance;
(b) In addition to the above, the Special Rapporteur has taken action
concerning cases of death threats allegedly made by:
(i) Members of police, military or any other governmental or
quasi—governmental forces;
(ii) Individuals or paramilitary groups under official control or act
with official collusion or connivance.
573. The Special Rapporteur has implemented his mandate by:
(a) Requesting information from the Governments concerned relating to
allegations of summary or arbitrary executions;
(b) Issuing urgent appeals to the Governments cincerned regarding
alleged cases of imminent or threatened executions;
E/CN.4/1991/36
page 145
(c) Upon the invitation of the Government concerned, conducting on—site
visits to certain of the countries with which he has had communications during
the course of the execution of his mandate;
Cd) Meetings with Government representatives.
574. The Special Rapporteur's methodology of work has developed in practice
over the years. At present, the annual report of the Special Rapporteur
reflects allegations transmitted to Governments in the form of urgent appeals
by cable and communications by letter, together with information or
observations supplied by Governments in response to the same. On—site visits
conducted by the Special Rapporteur are reflected either within the annual
report or as addenda thereto. A detailed description of allegations,
information and Government views received during the course of the Special
Rapporteur's visit, together with the Special Rapporteur's evaluation and
recommendations are set forth therein.
575. The Special Rapporteur is aware of the limitations of the present
methodology. Taking into account comments and suggestions received concerning
ways and means of improving that methodology, the Special Rapporteur would
like, preliminarily, to suggest a number of practical steps designed to
improve it. Within the context of promoting a more sustained interaction with
Governments, the Special Rapporteur intends to initiate specific follow—up
procedures. These would include:
(a) Where replies are received from Governments, the Special Rapporteur
will hold consultations with the Governments concerned, as well as with the
sources of the information on which the allegations transmitted to the
Governments were based. In resolutions 44/159 and 45/156, the
General Assembly requested the Special Rapporteur “to promote an exchange
of views between Governments and those who provided reliable information to
the Special Rapporteur, where the Special Rapporteur considers that such
exchanges of information might be useful”. The Special Rapporteur indicated
in his last report that he was willing to assume this task (E/CN.4/l990/22,
para. 475); he reaffirms that willingness;
(b) Where replies are not received from Governments, the Special
Rapporteur will continue to solicit Government replies and to monitor the
development of the situation or cases in question.
E/CN.4/1991/36
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IV. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
576. With his present report, the Special Rapporteur has completed his
ninth year since the establishment of his mandate in 1982. In reviewing
past reports and information he has received, he concludes that summary or
arbitrary executions still are prevalent in many parts of the world.
577. As the mandate of the Special Rapporteur has become better known, the
amount of information received relating to summary and arbitrary executions
rises. So too, have the number of communications to Governments. However,
the Special Rapporteur is aware that the information which has reached him
represents only a part of the entire phenomenon of summary and arbitrary
executions. He hopes that the efforts and co—operation of various
international and national organizations directed at establishing a better
information network will continue to improve the transmission of information
both in quantity and speed.
578. The Special Rapporteur wishes to draw the attention of the international
community to the following situation:
1. Death threats
579. The year 1990 saw an increasing number of death threats. These were
aimed particularly at human rights activists, trade unionists, teachers,
lawyers, peasants and student leaders. In many cases they were carried out.
These threats emanated from a variety of sources such as police, military,
paramilitary groups and civil defence groups. As can be seen from this
report, the practice of the Special Rapporteur has been in such cases to issue
an urgent appeal to the Government to take appropriate measures to protect the
life of the person so threatened. The Special Rapporteur is pleased to note
that in a number of cases Governments have carried out an investigation
leading to the capture of the person or group which issued the threat. In
some cases, Governments have denied the allegations. In many cases, however,
Governments have not responded to the urgent appeal and consequently, the
Special Rapporteur is not aware if any action has been taken by the Government
concerted.
2. Deaths in custody
580. Throughout 1990, there was an alarming increase in reports of people who
had died in custody. In many cases, it was alleged that the deaths had
resulted from torture. In other cases, deaths reportedly resulted from harsh
prison conditions, or a lack of food, hygiene or medical attention.
581. In a few cases, a post—mortam report was issued and a magisterial inquiry
led to those responsible being disciplined by suspension or dismissal. In
many cases, however, such procedures were not followed and the bodies were not
returned to the relatives when they so requested.
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3. Executions followint inadequate trial or judiciaL procedures
582. As can be seen from the report, a number of persons were executed
pursuant to a conviction arrived at following inadequate judicial procedures.
In some cases, the accused persons were not allowed to call witnesses. In
others, legal representation was not allowed. In many cases, the summary
procedure did not allow for the decision to be reviewed by a higher tribunal
in accordance with the law. In at least one case, the higher tribunal was the
same tribunal which rendered the initial decision.
4. Zxtra—1e l executions within the context of
situations of internal conflict
583. During the past year, the Special Rapporteur received information on
incidents of killings by members of military units of members of opposition
groups in the areas where the Government had lost effective control. In such
areas, rival units of Government forces fought with each other or opposition
groups fought with army units which were not effectively controlled by the
army central command.
584. The Special Rapporteur wishes, in particular, to highlight the situation
which prevailed in Liberia throughout much of 1990. Because of the lack of
governmental authority within the country, the Special Rapporteur was unable
to transmit an appeal concerning the situation. Thousands of civilians have
reportedly died since January 1990, when rebel forces entered into Nimba
county from outside Liberia and the Government forces retaliated against the
local population. Killings notably increased after the rebel forces, called
the National Patriotic Front of Liberia (NPFL), and its breakaway group
entered Monrovia in July 1990. A large number of civilians were reportedly
killed both by Government troops and by the rebel groups. It was alleged that
the Government, by then, had lost effective control over the behaviour of its
troops who resorted to summary killings of civilians mainly belonging to
the Gio and Mano ethnic groups. In one such incident, on 29 July 1990,
some 600 civilians including women and children who had sought refuge at a
church in Monrovia were reportedly killed in a summary manner by Government
troops. Rebel forces, on the other hand, allegedly killed prisoners,
civilians in areas taken over by their troops and those fleeing Monrovia who
were suspected of being sympathetic to the Government or those belonging to
the Krahn ethnic group or the Mandingo community. By August 1990, when member
States of the Economic Community of West African States (ECOWAS) sent troops
(ECOMOG) in an attempt to achieve a cease—fire, the Government had lost its
control over the country. Since the capture and the execution of President
Samuel Doe by rebel forces in November 1990, the country had been without any
governmental authoritiy and the armed conflict between rival rebel forces
continued.
585. During the past year, the Special Rapporteur received information from
various parts of the world indicating that a large number of lives were lost
in internal armed conflicts. By analysing such information, the Special
Rapporteur recognizes that violent armed conflicts are widespread and that
the level of violence used both by Government forces and opposition groups
E / CN .411991136
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continues to escalate. The violent suppression of demonstrations or protests
often involved indiscriminate and excessive use of lethal force, causing an
unjustifiable loss of lives. Such incidents, together with acts of terrorism
and retributive killings and assassination, have been attributed both to
Government agents and to opposition groups.
586. In previous reports, the Special Rapporteur has drawn attention to
intimidation, death threats, assassination attempts and various other forms
of reprisal against individuals and human rights groups involved in cases or
situations of summary or arbitrary executions. At its forty—sixth session,
the Commission adopted resolution 1990/76, encouraging the Special Rapporteur
to take more effective steps to protect individuals or groups who are the
victims of reprisals because of their human rights activities. The Special
Rapporteur welcomes the support voiced by the Commission to these human rights
defenders and is endeavouring, within the limited resources available to him,
to realize such protective measures.
587. in previous reports, the Special Rapporteur also has highlighted deaths
which result from groups opposing the Government. At its forty—sixth session,
the Commission adopted resolution 1990/75, expressing its deep concern at the
adverse effects on the enjoyment of human rights of the crimes and atrocities
committed in many countries by irregular armed groups, regardless of their
origin, and drug traffickers, and requesting Special Rapporteurs to pay
particular attention to the activities of irregular armed groups and drug
traffickers in their forthcoming reports to the Commission. The Special
Rapporteur drew the attention of the Commission to these problems particularly
in the context of a more detailed study of country situations as a result of
field missions and wishes to refer to his report on the visit to Colombia
(11—20 October 1989) presented to the Commission at its last session
(E/CN.4/ 1990/22/Add.l).
588. in this connection, the Special Rapporteur particularly would like to
draw the attention of the international community to the increased occurrence
of summary or arbitrary executions in situations of internal conflict. In
addition to those who were killed in such situations, many others died from
malnutrition and lack of adequate medical attention. One such situation,
namely that of Liberia, is described in detail by the Special Rapporteur
above. A number of other phenomena of summary or arbitrary executions cited
by the Special Rapporteur in the present report occurred within the context of
internal conflicts.
589. Unfortunately, it would appear as though such situations are likely to
increase in number and, quite possibly, in intensity in forthcoming years.
The Special Rapporteur is disposed of a limited number of mechanisms to
implement his mandate: he is able to appeal to Governments to adhere to the
principles embodied in existing international instruments and standards and,
within the limits of human and material resources currently at his disposal,
to follow—up such appeals; he is able to call upon the international
community, in general, and upon individuals, non—governmental and
intergover-nmentai. organizations active in the field of human rights, in
particular, to support the activities of the Special Rapporteur.
E/ ON .4/1991 / 36
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590. Especially in situations of internal conflict, the Special Rapporteur
often has received replies from Governments asserting the non—responsibility
of the latter for a case or situation on the grounds that the killing was not
the result either of an abuse of force by governmental or quasi—governmental
forces, or of groups or individuals acting under official control. Yet, as a
legal and as a practical matter, the Special Rapporteur's only interlocutor is
the Government of a particular State and he cannot but take up these matters
with the Governments concerned.
591. The Special Rapporteur wishes to reiterate that where a Government's
practice fails to meet the standards set forth in the Principles on effective
prevention and investigation of extra—legal, arbitrary and summary executions
(Economic and Social Council resolution 1989/65 of 24 May 1989), the Special
Rapporteur will consider such failure as an indication of that Government's
responsibility, even where Government officials are found not to be directly
involved in the acts of summary or arbitrary execution (E/cN.4/l9901 22,
para. 463). The Special Rapporteur intends to invoice these Principles in
his communications with Governments, as well as in any follow—up procedures
undertaken in connection with particular situations or cases.
592. Despite the above, the Special Rapporteur recognizes that, in a number of
instances, Governments are making an earnest effort to prevent the killings,
carry out proper investigations and conduct legal proceedings (Economic and
Social Council resolution 1989/65 of 24 May 1989). The Special Rapporteur
praises these efforts and expects that they will continue. Nevertheless, in
so far as the mandate of the Special Rapporteur can be understood only against
the background of the need to ensure the inherent right of the person to life,
he calls upon Governments to consider ways in which respect for that right can
be maintained under all conditions, including those of internal conflict.
593. In this connection, the Special Rapporteur would welcome any initiatives
undertaken by the Commission on Human Rights or by its Sub—Commission to
formulate standards to which Governments and groups opposing Governments could
refer during situations of armed conflict in order to lower the level of
violence and the needless loss of life consequent thereupon. Given the
practical experience which the Special Rapporteur has obtained during the
course of his mandate, he would be willing to put such experience at the
disposal of the Commission or the Sub—Commission whenever so requested.
594. In response to resolution 1990/58 of the Commission on Human Rights, the
Special Rapporteur reiterates his conviction that the effectiveness of his
mandate can be enhanced through the use of the advisory services and
technical assistance programme operating within the Centre for Human Rights
(E/CN.4/l990/22, paras. 466—468). He, therefore, will make recommendations
in this regard wherever appropriate and especially within the context of
country—specific situations and on the basis of information obtained during
the course of in situ visits to countries.
595. Finally, the Special Rapporteur would like to express his gratitude for
the support given to him by the secretariat of the United Nations Centre for
Human Rights throughout the period during which be has served as the Special
Rapporteur on sun nary or arbitrary executions. In order, however, to achieve
B / ON. 4/1991/36
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the above—mentioned goals, the Special Rapporteur would require increased
human and material resources from the secretariat. The latter are necessary
to enable the Special Rapporteur adequately to cope with the analysis of an
ever—increasing flow of information relating to his mandate. In addition, the
Special Rapporteur would require additional assistance in researching the
issues relating to both the thematic and country—oriented aspects of his
mandate and, in particular, the complex research and analytical
responsibilities involved in the preparation of on—site visits to countries.
It would, indeed, be desirable to obtain additional resources to enable the
Special Rapporteur to conduct more on—site visits, together with the necessary
follow—up thereto.
596. The mandate of the Special Rapporteur has developed markedly since its
inception. The Special Rapporteur calls upon the Commission to lend the
Special Rapporteur the support he needs to carry out a mandate whose
obligations and meaning continue to evolve.
B. Recommendations
597. In view of these conclusions, the Special Rapporteur would like to make a
number of recommendations, as follows.
598. Re would like to recommend to Governments:
(a) To review national laws and regulations, as well as the practice of
judicial authorities, with a view to securing effective implementation of the
standards set forth in the preceding chapter and, in particular, the latest
set of standards adopted by the Eighth United Nations Congress on the
Prevention of Crime and the Treatment of Offenders;
(b) To make every effort to ensure that governmental or quasi—
governmental forces, as well as individuals or paramilitary groups operating
under official control adhere to the above—mentioned standards;
(c) Immediately to take measures to ensure the effective protection of
persons and groups who play key roles in defending human rights and promoting
social justice from intimidation, death threats, assassination attempts and
various other forms of reprisal;
(d) To establish within the Government an independent body designed to
improve co—operation between the Government and United Nations organs, bodies
and specialized agencies, as áell as with international, regional and national
organizations concerned with matters of human rights;
(e) To include instruction in human rights in the curricula of secondary
school and university students and, where possible, in the curriculum of
primary school students;
(f) To include instruction in human rights law and practice in the
training of all law enforcement and military personnel.
E/CN.4/ 1991/36
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599. The Special Rapporteur wishes to recommend to international organizations:
(a) To emphasize the importance of the implementation of international
human rights norms and principles as set forth in international human rights
instruments and resolutions and, in particular, those of the General Assembly
and the Economic and Social Council;
(b) To organize at the regional and national levels human rights
seminars and training courses, utilizing the manual on the effective
prevention and investigation of extra—legal, suamiary and arbitrary executions;
(c) To assist the secretariat of the United Nations Centre for Human
Rights in meeting its ever—growing obligations in the monitoring of human
rights protection and the granting of advisory services and technical
assistance;
(d) To promote information activities in order to disseminate as widely
as possible the latest achievements in the field of human rights with the aim
of heightening awareness within the international community of ways in which
it actively can protect and promote human rights.
E/CN4/ 1991/36
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Annex
BASIC PRINCIPLES ON ThE USE OF FORCE AND FIREARMS BY
LAW ENFORCEMENT OFFICIALS !!I
Whereas the work of law enforcement officials is a social service of
great importance and there is, therefore, a need to maintain and, whenever
necessary, to improve the working conditions and status of these officials,
Whereas a threat to the life and safety of law enforcement officials must
be seen as a threat to the stability of society as a whole,
Whereas law enforcement off icials have a vital role in the protection of
the right to life, liberty and security of the person, as guaranteed in the
Universal Declaration of Human Rights and reaffirmed in the International
Covenant on Civil and Political Rights,
Whereas the Standard Minimum Rules for the Treatment of Prisoners provide
for the circumstances in which prison officials may use force in the course of
their duties,
Whereas article 3 of the Code of Conduct for Law Enforcement Off iciais
provides that law enforcement officials may use force only when strictly
necessary and to the extent required for the performance of their duty,
Whereas the preparatory meeting for the Seventh United Nations Congress
on the Prevention of Crime and the Treatment of Offenders, held at Varenna,
Ital y, agreed on elements to be considered in the course of further work on
restraints on the use of force and firearms by law enforcement officials,
Whereas the Seventh Congress, in its resolution 14, inter q ua ,
emphasizes that the use of force and firearms by law enforcement officials
should be comensurate with due respect for human rights,
Whereas the Economic and Social Council, in its resolution 1986/10,
section IX, of 21 May 1986, invited member States to pay particular attention
in the implementation of the Code to the use of force and firearms by law
enforcement officials, and the General Assembly, in its resolution 41/149
of 4 December 1986, inter alia , welcomed this reconaendation made by the
Council,
Whereas it is appropriate that, with due regard to their personal safety,
consideration be given to the role of law enforcement officials in relation to
the administration of justice, to the protection of the right to life, liberty
and security of the person, to their responsibility to maintain public safety
and social peace and to the importance of their qualifications, training and
conduct,
*_/ The text below is that adopted by the Eighth United Nations Congress
on the Prevention of Crime and the Treatment of Offenders (Havana, Cuba,
27 August—7 September 1990).
E/GN.4/199 1/36
page 1.53
The basic principles set forth below, which have been formulated to
assist member States in their task of ensuring and promoting the proper role
of law enforcement officials, should be taken into account and respected by
Governments within the framework of their national legislation and practice,
and be brought to the attention of law enforcement officials as well as other
persons, such as judges, prosecutors, lawyers, members of the executive branch
and the legislature, and the public.
General provisions
I. Governments and law enforcement agencies shall adopt and implement
rules and regulations on the use of force and firearms against persons by law
enforcement officials. In developing such rules and regulations, Governments
and law enforcement agencies shall keep the ethical issues associated with the
use of force and firearms constantly under review.
2. Governments and law enforcement agencies should develop a range of
means as broad as possible and equip law enforcement officials with various
types of weapons and ammunition that would allow for a differentiated use of
force and firearms. These should include the development of non—lethal
incapacitating weapons for use in appropriate situations, with a view to
increasingly restraining the application of means capable of causing death or
injury to persons. For the same purpose, it should also be possible for law
enforcement officials to be equipped with self—defensive equipment such as
shields, helmets, bullet—proof vests and bullet—proof means of transportation,
in order to decrease the need to use weapons of any kind.
3. The development and deployment of non—lethal incapacitating weapons
should be carefully evaluated in order to minimize the risk of endangering
uninvolved persons, and the use of such weapons should be carefully controlled.
4. Law enforcement officials, in carrying out their duty, shall, as far
as possible, apply non—violent means before resorting to the use of force and
firearms. They may use force and firearms only if other means remain
ineffective or without any promise of achieving the intended result.
5. Whenever the lawful use of force and firearms is unavoidable, law
enforcement officials shall:
(a) Exercise restraint in such use and act in proportion to the
seriousness of the offence and the legitimate objective to be achieved;
(b) Minimize damage and injury, and respect and preserve human life;
(c) Ensure that assistance and medical aid are rendered to any injured
or affected persons at the earliest possible moment;
(d) Ensure that relatives or close friends of the injured or affected
person are notified at the earliest possible moment.
E/CN.4/l99 1/36
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6. Where injury or death is caused by the use of force and firearms by
law enforcement officials, they shall report the incident promptly to their
superiors, in accordance with principle 22.
7. Governments shall ensure that arbitrary or abusive use of force and
firearms by law enforcement officials is punished as a criminal offence under
their law.
8. Exceptional circumstances such as internal political instability or
any other public emergency may not be invoked to justify any departure from
these basic principles.
Special. provisions
9. Law enforcement officials shall not use firearms against persons
except in self—defence or defence of others against the imminent threat of
death or serious injury, to prevent the perpetration of a particularly serious
crime involving grave threat to life, to arrest a person presenting such a
danger and resisting their authority, or to prevent his or her escape, and
only when less extreme means are insufficient to achieve these objectives. In
any event, intentional lethal use of firearms may only be made when strictly
unavoidable in order to protect life.
10. In the circumstances provided for under principle 9, law enforcement
officials shall identify themselves as such and give a clear warning of their
intent to use firearms, with sufficient time for the warning to be observed,
unless to do so would unduly place the law enforcement officials at risk or
would create a risk of death or serious harm to other persons, or would be
clearly inappropriate or pointless in the circumstances of the incident.
11. Rules and regulations on the use of firearms by law enforcement
officials should include guidelines that:
(a) Specify the circumstances under which law enforcement officials are
authorized to carry firearms and prescribe the types of firearms and
ammunition permitted;
(b) Ensure that firearms are used only in appropriate circumstances and
in a manner likely to decrease the risk of unnecessary harm;
(c) Prohibit the use of those firearms and ammunition that cause
unwarranted injury or present an unwarranted risk;
(d) Regulate the control, storage and issuing of firearms, including
procedures for ensuring that law enforcement officials are accountable for the
firearms and ammunition issued to them;
(e) Provide for warnings to be given, if appropriate, when firearms are
to be discharged;
(f) Provide for a system of reporting whenever law enforcement officials
use firearms in the performance of their duty.
E/CN4/1991/36
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Policing unlawful assemblies
12. As everyone is allowed to participate in lawful and peaceful
assemblies, in accordance with the principles embodied in the Universal
Declaration of Human Rights and the International Covenant on Civil and
Political Rights, Governments and law enforcement agencies and officials shall
recognize that force and firearms may be used only in accordance with
principles 13 and 14.
13. In the dispersal of assemblies that are unlawful but non—violent,
law enforcement officials shall avoid the use of force or, where that is not
practicable, shall restrict such force to the minimum extent necessary.
14. In the dispersal of violent assemblies, law enforcement officials
may use firearms only when less dangerous means are not practicable and only
to the minimum extent necessary. Law enforcement officials shall not use
firearms in such cases, except under the conditions stipulated in principle 9.
Policin g persons in custody or detention
15. Law enforcement officials, in their relations with persons in
custody or detention, shall not use force, except when strictly necessary for
the maintenance of security and order within the institution, or when personal
safety is threatened.
16. Law enforcement officials, in their relations with persons in
custody or detention, shall not use firearms 1 except in self—defence or in the
defence of others against the immediate threat of death or serious injury, or
when strictly necessary to prevent the escape of a person in custody or
detention presenting the danger referred to in principle 9.
17. The preceding principles are without prejudice to the rights, duties
and responsibilities of prison officials, as set out in the Standard Minimum
Rules for the Treatment of Prisoners, particularly rules 33, 34 and 54.
Qualifications. trainingan& counselling
18. Governments and law enforcement agencies shall ensure that all law
enforcement officials are selected by proper screening procedures, have
appropriate moral, psychological and physical qualities for the effective
exercise of their functions and receive continuous and thorough professional
training. Their continued fitness to perform these functions should be
subject to periodic review.
19. Governments and law enforcement agencies shall ensure that all law
enforcement officials are provided with training and are tested in accordance
with appropriate proficiency standards in the use of force. Those law
enforcement officials who are required to carry firearms should be authorized
to do so only upon completion of special training in their use.
20 , In the training of law enforcement officials, Governments and law
enforcement agencies shall give special attention to issues of police ethics
and human rights, especially in the investigative process, to alternatives to
the use of force and firearms, including the peaceful settlement of conflicts,
E/ON.4/1991/36
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the understanding of crowd behaviour, and the methods of persuasion,
negotiation and mediation, as well as to technical means, with a view to
limiting the use of force and firearms. Law enforcement agencies should
review their training programmes and operational procedures in the light of
particular incidents.
21. Governments and law enforcement agencies shall make stress
counselling available to law enforcement officials who are involved in
situations where force and firearms are used.
Reporting and review procedures
22. Governments and law enforcement agencies shall establish effective
reporting and review procedures for all incidents referred to in principles 6
and 11 (f). For incidents reported pursuant to these principles, Governments
and law enforcement agencies shall ensure that an effective review process is
available and that independent administrative or prosecutorial authorities are
in a position to exercise jurisdiction in appropriate circumstances. In cases
of death and serious injury or other grave consequences, a detailed report
shall be sent promptly to the competent authorities responsible for
administrative review and judicial control.
23. Persons affected by the use of force and firearms or their legal
representatives shall have access to an independent process, including a
judicial process. In the event of the death of such persons, this provision
shall apply to their dependants accordingly.
24. Governments and law enforcement agencies shall ensure that superior
officers are held responsible if they know, or should have known, that law
enforcement officials under their command are resorting, or have resorted, to
the unlawful use of force and firearms, and they did not take all measures in
their power to prevent, suppress or report such use.
25. Governments and law enforcement agencies shall ensure that no
criminal or disciplinary sanction is imposed on law enforcement officials who,
in compliance with the Code of Conduct for Law Enforcement Officials and these
basic principles, refuse to carry out an order to use force and firearms, or
who report such use by other officials.
26. Obedience to superior orders shall be no defence if law enforcement
officials knew that an order to use force and firearms resulting in the death
or serious injury of a person was manifestly unlawful and had a reasonable
opportunity to refuse to follow it. In any case, responsibility also rests on
the superiors who gave the unlawful orders.
