Aadel Collection
Summary or arbitrary executions: Report by Special Rapporteur, Mr. S. Amos Wako, pursuant to Commission on Human Rights resolution 1991/71
UNITED
NATIONS
—* -a. -4J.
Ethnomlc and.SQcJaI Distr.
c
GENERAL
E/ cN .41 [ 992/30
31 January 1992
ENGLISH
Original: ARABIC/ENGLISH!
FRENCH/SPANISH
COMMISSION ON HUMAN RIGHTS
Forty—eighth session
Agenda item 12
QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
IN ANY FART OF THE WORLD, WITH PARTICULAR REFERENCE TO COLONIAL
AND OTHER DEPENDENT COUNTRIES AND TERRITORIES
Summary or arbitrary executions
Report by the Special Raplorteur, Mr. S. Amos Wako. pursuant
toCommission on Human Rights resolution 19 91/ il
CONTENTS
Paragrapiia
Page
Introduction 1 — 5
Ch ap ter
I. ACTIVITIES OF THE SPECIAL RAPPORTEUR 6 — 18
A. Consultations 6
B. Communications 7 — 18
II. LEGAL AND ANALYTICAL FRAMEWORK WITHIN WHICH THE
MANDATE OF THE SPECIAL RAPPORTEUR IS IMPLEMENTED
19— 36 4
A. Thegeneralfrsniework ... 19— 23
B. Instruments relevant to the imposition of
the death penalty .
24— 27 5
C. Violations of the rights to life during
armed conflict ..... 28
E
I
2
2
2
4
5
GE.92—1O345/4233B
E/CN.4/ 1992/30
page ii
CONTENTS (coatin j e1)
£ hapter Paragrapha Ran
II. D. Deaths due to the use of force by law
&.QnSLd) enforcement officers 29 6
E. Deaths in custody 30— 32 6
F. Executions commited by death squads or
unidentified persons 33 6
G. Expulsion of persons to a country where
their life is in danger 34 — 35 7
H. Therightsofvictims 36 7
I II. SITUATIONS 37 — 604 8
A. General 37 8
B. Countrysituations 38—604 8
Albania 38 — 41 8
Algeria 42 — 47 9
Argentina 48 — 53 10
Bangladesh 54 — 56 12
Bhut 57 — 60 13
Bolivia 61 — 63 13
Brazil 64 — 81 14
Burkina Faso 82 — 84 19
Bur di . 85 — 87 20
C had 88 — 90 21
China 91 — 98 21
Colonabia 99 — 132 23
Cuba 133 — 137 38
Dominican Republic 138—139 40
Ecuador 140 — 141 40
Egypt 142 — 144 Li-i
El Salvador 145 — 174 42
Ethiopia 175 — 180 48
Greece 181 — 184 49
Grenada 185 — 188 50
Guatemala 189 — 246 51
Haiti 247 — 260 66
Honduras 261 — 263 69
India 264 — 276 70
Indonesia 277 — 288 73
Iran, (Islamic Republic of) 289 — 303 76
Iraq 304 — 324 79
Israel 325 — 377 84
CONTENTS ( ptinued)
E/CN.4/1992/30
page iii
QMP ter
Paragraphs
IV. REVIEW AND RECOMMENDATIONS
A. Review of the first decade of activities
B. Recommendations
Annex
605 — 653
605 — 647
648 — 653
161
161
173
List of instruments and other standards which
constitute the legal framework of the mandate
of the Special Rapporteur
I I I .
( c ont±d )
Jamaica
32.8 — 329
85
Jordan
330 — 334
85
Kuwait
335 — 344
87
Lesotbo
345 — 347
89
Madagascar
348 — 352
90
Malaysia
353 — 357
91
Mali
358 — 362
92
Mauritania
363 — 366
93
Mexico
367 — 375
93
Morocco
376 — 380
97
Myaninar
381 — 387
98
Nicaragua
388 —394
100
Niger
395 —397
103
Nigeria
398 — 411
103
Pakistan
412 — 416
107
Paraguay
417 — 419
107
Peru
420 — 451
108
Philippines
452 — 460
117
Rwanda
461 — 467
120
Senegal
468 — 471
121
South Africa
472 — 490
122
Sri Lanka
491 — 502
127
Sudan .....
503 — 519
130
Suriname *
520—522
134
Thailand
523 — 526
135
Togo •
527 — 531
136
TrinidadandTobago .
532—534
137
Tunisia
535 — 545
137
Turkey
546 — 556
140
Uganda
557 — 562
149
Union of Soviet Socialist Republics
563 — 571
150
United Republic of Tanzania
572 — 574
152
United States of America
575 — 580
152
Venezuela
581 — 584
154
Yemen
585 — 587
155
Yugoslavia
588 — 597
156
Zaire
598 — 604
159
176
E/cN.4/1992/3O
page 1
Introduction
1. The present report is submitted pursuant to Commission on Human Rights
resolution 1991/71 of 6 March 1991 entitled °Suxnmary or arbitrary executions'.
This is the ninth report of the Special Rapporteur to the Commission on
Human Rights on the subject.
2. In his nine 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/CN.4/l988/22 and
Add.1 and 2, E/CN.z ,/1989 125, E/CN.4/1990/22 and Add.I. and E/GN.4/1991/36),
the Special Rapporteur examined the various aspects of the phenomenon of
summary executions, including legal and other theoretical issues.
3. Chapter I of the present report is a suimnary of the activities
undertaken by the Special Rapporteur over the past year. In chapter II,
the Special Rapporteur sets forth the legal and analytical framework within
which he carried out his mandate. In chapter ill, country—specific situations
in which the Special Rapporteur has pursued his mandate are addressed: 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 Rapporteur hopes that he has
presented a comprehensive picture of the situation in each country.
4. Finally, in chapter IV the Special Rapporteur sets forth his conclusions,
highlighting four issues: Ci) death threats, (ii) deaths in custody,
(iii) executions following inadequate trial or judicial procedures, and
(iv) extra—legal executions within the context of situations of internal
conflict.
5. Based upon his analysis of the information received, the
Special Rapporteut closes his report ‘with a number of recommendations
designed to ensure more effectively, in future, respect for the international
instruments and standards to which his mandate refers.
E/CN.Li/l992/30
page 2
I. ACTIVITIES OF ThE SPECIAL RAPPORTEUR
A. Consultations
6. The Special Rapporteur visited the Centre for Human Rights,
United Nations Office at Geneva, in July 1991 for consultations with the
secretariat and again in January 1992 to finalize his report.
B. Communications
1. Information received
7. In carrying out his present mandate, the Special Rapporteur received
communications concerning summary or arbitrary executions from Governments,
non—governmental organizations and individuals. The number of communications
again increased over the past year.
8, Information of a general nature and/or concerning specific allegations
of summary or arbitrary executions were 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 Health
Professionals for Health annd Human Rights, International Commission of
Jurists, International Committee of the Red Cross, International Confederation
of Free Trade Unions, International Defence and Aid Fund for Southern Africa,
International Federation of Human Rights, International Federation Terre des
Hommes, International League for Human Rights, International Organization of
Journalists, Pax Christi — International Catholic Peace Movement, Pax Romana —
Inter-national Catholic Movement for Intellectual and Cultural Affairs and
International Movement of Catholic Students, Regional Council on Human Rights
in Asia, Union of Arab Jurists, Women's International Democratic Federation.
9. In addition, information concerning alleged cases of summary or arbitrary
execution 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 summary or arbitrary executions
10. In pursuance 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.
11. In reply to the Special Rapporteur's cables and letters, a number
of Governments provided him with information and observations concerning
the allegations. In order to issue the present report on time, the
Special Rapporteur was obliged to leave government replies which reached
him after 31 December 1991 for his next report.
E/CN.4/1992/30
page 3
(a) Urgent appeals
12. In response to information containing allegations of imminent or
threatened summary or arbitrary executions which appeared prima fade relevant
to his mandate, the Special Rapporteur addressed 125 urgent appeals by cable
concerning 345 identified cases, as well as concerning large groups of persons
who could not be identified by name, in which he appealed for the Government's
protection of the right to life of the individuals concerned and requested
information concerning those allegations to the Governments of the following
44 countries: Albania, Algeria, Argentina, Brazil, Burundi, China, Colombia,
Cuba, Ecuador, El Salvador, Ethiopia, Grenada, Guatemala, Haiti, Indonesia,
Iran (Islamic Republic of), Iraq, Jamaica, Jordan, Kuwait, Madagascar,
Malaysia, Mali, Myanmar, Nicaragua, Nigeria, Pakistan, Paraguay, Peru,
Philippines, Rwanda, South Africa, Sri Lanka, Sudan, Thailand, Togo, Tunisia,
Turkey, Uganda, Union of Soviet Socialist Republics, United States of America,
Yemen, Yugoslavia and Zaire.
13. Replies were received from the Governments of the following 21 countries:
Algeria, Argentina, Bhutan, Brazil, China, Colombia, El Salvaldor, Guatemala,
Indonesia, Iran (Islamic Republic of), Iraq, Kuwait, Morocco, Nicaragua,
Nigeria, Peru, Sudan, Tunisia, Turkey, Union of Soviet Socialist Republics
and Yugoslavia.
14. In addition, replies were received from the Governments of the following
eight countries concerning cables sent by the Special Rapporteur during 1990:
Brazil, Colombia, Iran (Islamic Republic of), Mauritania, Mexico, Myanmar,
Paraguay and the Philippines.
15. These messages and the replies received are summarized in Chapter III;
the full texts are available for consultation in the secretariat files.
(b) Requests for information concerning other incidents or cases of alleged
summary or arbitrary executions
16. The Special Rapporteur also sent letters to the Governments of the
following 49 countries concerning alleged summary or arbitrary executions in
their countries: Bangladesh, Bhutan, Bolivia, Burkina Faso, Chad, China,
Colombia, Cuba, Dominican Republic, Egypt, El Salvador, Ethiopia, Greece,
Guatemala, ilaiti, Honduras, India, Indonesia, Iran (Islamic Republic of),
Iraq, Israel, Jordan, Kuwait, Lesotho, Mali, Mauritania, Mexico, Morocco,
Myanmar, Nicaragua, Niger, Nigeria, Peru, Philippines, Rwanda, Senegal,
South Africa, Sri Lanka, Sudan, Suriname, Tanzania, Togo, Trinidad and Tobago,
Tunisia, Turkey, Uganda, Venezuela, Yugoslavia and Zaire.
17. Replies were received from the Governments of 17 countries: Bangladesh,
Bhutan, Colombia, Greece, Guatemala, Haiti, India, Iraq, Jordan, Morocco,
Nicaragua, Rwanda, Sri Lanka, Sudan, Tunisia, Turkey and Venezuela.
18. In addition, replies were received from the Governments of the
following 10 countries concerning the allegations transmitted by the
Special Rapporteur during 1990: Brazil, Colombia, Iran (Islamic Republic of),
Mauritania, Myanmar, Nigeria, Paraguay, Philippines, Sudan, Tunisia and
Yugoslavia.
E/CN.4/ 1992/30
page 4
II. LEGAL FRAMEWORK WITHIN WHICH THE MANDATE OF THE
SPECIAL RAPPORTEUR IS IMPLEMENTED
A. The generaL framework
19. The mandate of the Special Rapporteur was established by the Economic and
Social Council in its resolution 1982/35 of 7 May 1982. In the first two
preambular paragraphs of that resolution reference is made to the Universal
Declaration of Human Rights and the International Covenant on Civil and
Political Rights, which provide the normative framework for implementation of
the mandate. Article 3 of the Universal Declaration recognizes the right to
life in general terms. Article 6 of the international Covenant on Civil and
Political Rights recognizes the inherent right of every person to life, adding
that this right “shall be protected by law” and that “No one shall be
arbitrarily deprived of life”. Article 6 also contains several provisions
restricting the application of the death penalty, in those States which have
not yet abolished it. Other provisions of the Universal Declaration of
Human Rights and the International Covenant on Civil and Political Rights
also have relevance to the mandate of the Special Rapporteur in certain
circumstances, as indicated below.
20. In applying the relevant provisions of the International Covenant on
Civil and Political Rights to situations arising within his mandate, the
Special Rapporteur is guided by the views of the Human Rights Committee on
their meaning and implications as stated in the General Comments adopted by
that Committee and its jurisprudence under the Optional Protocol.
21. In determining whether allegations received come within his mandate,
and if so bow to respond effectively to them, the Special Rapporteur is
also guided by other relevant treaties, declarations and instruments adopted
by competent United Nations bodies. One of the most pertinent is the
Principles on the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions, adopted by the Economic and Social Council
in its resolution 1989/65 of 24 May 1989. The Special Rapporteur had
pointed out the need for standards on this topic in his fourth report
(E/CN.2/1986/21, para. 209), and subsequently participated actively in
their elaboration. These Principles are thus based in large part on the
lessons distilled from the Special Rapporteur's experience of studying and
dealing with the problem of summary and arbitrary executions for several
years, and provide appropriate guidance for government action in many of the
cases and situations reported.
22. In May 1991, the Crime Prevention and Criminal Justice Branch of the
United Nations Centre for Social Development and Humanitarian Affairs
published a document of major importance for guaranteeing the right to life.
Entitled ManuaL on the Effective Prevention and Investigation of Extra—legaL
Arbitrary and Summary Executi (ST/CSDRA/lZ), it lays down procedures for
conducting investigations into extra—legal executions or killings. The
Special Rapporteur urges all Governments to incorporate these procedures into
national legislation and practice, as well as in training programmes for law
enforcement officials.
E/ UN . 4/1992/30
page 5
23. Other instruments which the Special Rapporteur considers relevant to his
mandate are mentioned below.
B. Instruments relevant to the imposition of the death p alty
24. Article 6 of the International Covenant on Civil and Political Rights
sets forth several important restrictions on the imposition of the death
penalty, as indicated above. Paragraph 2 provides, inter alia , that it may
be imposed “only for the most serious crimes” and only “pursuant to a final
judgement rendered by a competent court' t . Paragraph 4 recognizes the right
of persons sentenced to death to seek pardon or commutation of the sentence,
and paragraph S prohibits the imposition of the death sentence for crimes
committed by persons below 18 years of age and the application of the sentence
to pregnant women. Article 14, concerning the right to a fair trial, is also
relevant, as is article 15, which prohibits, among other things, the
retroactive application of more severe sentences.
25. Apart from the International Covenant on Civil and Political Rights,
the instrument most relevant to cases concerning the death penalty is the
Safeguards guaranteeing protection of the rights of those facing the death
penalty, adopted by the Economic and Social Council in its resolution 1984/50
of 25 May 1984. This instrument provides expressly that the death penalty may
only be carried out after a trial “which gives all possible safeguards to
ensure a fair trial, at least equal to those contained in article 14 of the
International Covenant on Civil and Political Rights”, reaffirms the standards
contained in the International Covenant on Civil and Political Rights
concerning persons under the age of 18 and pregnant women, and adds certain
other restrictions.
26. The imposition of the death penalty for crimes committed by persons under
the age of 18 is also prohibited by article 37 (a) of the Conveution on the
Rights of the Child.
27. The views of the Human Rights Committee in the case of Carlton Reid v.
Jamaica, contained in its communication No. 250/1987, adopted on 20 July 1990
(A/45/40, chap. I V .i), concerning the right of persons accused of a capital
offence to legal assistance and the right to appeal, have also been cited by
the Special Rapporteur.
C. Vi!ñationa ot the tight to life during armed conflicts
28. The Special Rapporteur receives many allegations concerning summary and
arbitrary executions during armed conflicts. In considering and acting on
such cases the Special Rapporteur takes into account, in addition to the
instruments mentioned above, the Geneva Conventions of 12 August 1949 and the
Additional Protocols thereto of 1977. Of particular relevance are common
article 3 of the 1949 Conventions, which protects the right to life of members
of the civilian population as well as combatants who are injured or have laid
down arms, and articles 51 of Additional Protocol I and 13 of Additional
Protocol II concerning the right of the civilian population to protection
against the dangers arising from military operations.
E/CN.4/1992/30
page 6
D. Deaths due to the use of force by law enforcement officers
29. Deaths caused by the use of force by law enforcement officers,
in response to public demonstrations or communal violence, for
example, constitute an important category of cases brought before the
Special Rapporteur. The main instrument taken into consideration in such
cases, in addition to those indicated above, is 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 in 1990: of particular relevance are
principles 4, 5, 9 and 11, as well as principles 13 and 14, which provide
specific guidelines on “policing unlawful assemblies”. Also relevant is
article 3 of the Code of Conduct for Law Enforcement Officials, adopted by
the General Assembly in its resolution 34/169 of 17 December 1979, which
provides that “Law enforcement officials may use force only when strictly
necessary and to the extent required for the performance of their duty”.
E. fleaths in custody
30. The Special Rapporteur receives many allegations concerning deaths in
custody under various circumstances. When the death results from torture or
other deliberate mistreatment, article 5 of the Universal Declaration of
Human Rights and article 7 of the International Covenant on Civil and
Political Rights are relevant, in addition to the articles mentioned above.
In addition, the Special Rapporteur takes into consideration the Declaration
on the Protection of All Persons from Being Subjected to Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the
General Assembly in its resolution 3452 (xxx) of 9 December 1975, and the
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, adopted by the General Assembly in its resolution 39/46
of 10 December 1984.
31. If the death appears due to the use of force, for example to prevent
escape or control a disturbance, principles 15 and 16 of the Basic Principles
on the Use of Force and Firearms by Law Enforcement Officials are relevant.
32. If the death results from other causes, such as starvation or lack of
medical care, the Special Rapporteur takes into account the Standard Minimum
Rules for the Treatment of Prisoners, adopted by the First United Nations
Congress on the Prevention of Crime and the Treatment of Offenders and
approved by the Economic and Social Council in its resolution 663 C (XXIV) of
31 July 1957 and 2076 (LXII) of 13 May 1977, and the Body of Principles for
the Protection of All Persons under Any Form of Detention or Imprisonment,
adopted by the General Assembly by its resolution 43/173 of 9 December 1988.
F. Execji tjons committed by death squads or unidentified persons
33. When allegations are received concerning executions attributed to death
squads, or executions which do not appear to be common crimes but where the
responsible party is unknown, the Principles on the Effective Prevention and
Investigation of Extra—legal, Arbitrary and Summary Executions provide
E/CN.4/1992/30
page 7
comprehensive guidelines as to how Governments should fulfil their obligation
to investigate the executions and prosecute those responsible, once they are
identified.
C. Expj.jlsion i f persons _ to _ & country where their life is in danger
34. The Special Rapporteur has received some allegations concerning the
imminent expulsion of refugees or asylum seekers to their country of origin,
in circumstances where there would be a serious danger of execution upon their
return. In responding to such allegations, the Special Rapporteur takes into
account, in addition to the standards concerning the right to life mentioned
above, article 14 of the Universal Declaration of Human Rights, which
recognizes the right to seek asylum. If the persons concerned are refugees,
the 1951 Convention relating to the Status of Refugees may also be pertinent.
Article 33 of that Convention prohibits the “refoulement” (or forcible return)
of a refugee to a territory “where his life or freedom would be threatened on
account of his race, religion, nationality, membership of a particular social
group or political opinion”. The United Nations High Commissioner for
Refugees considers that the principle of “non—refoulement” forms part of
customary international law.
35. In this regard, principle 5 of the Principles on the Effective Prevention
and Investigation of Extra—legal, Arbitrary and Summary Executions provides
that “NO one shall be involuntarily returned or extradited to a country where
there are substantial grounds for believing that he or she may become a victim
of extra—legal, arbitrary or summary execution in that country”.
H. The rights of victims
36. The Declaration of Basic Principles of Justice for Victims of Crime and
Abuse of Power, recommended for adoption by the Seventh United Nations
Congress on the Prevention of Crime and the Treatment of Offenders and adopted
by the General Assembly in its resolution 40/34 of 29 November 1985, is also
relevant to the mandate of the Special Rapporteur. Of particular relevance is
principle 11, which provides that “where public officials or other agents
acting in an official or quasi—official capacity have violated national
criminal laws, the victims should receive restitution from the State whose
officials or agents were responsible for the harm inflicted”. It should be
noted that the term “victim” includes “the immediate family or dependants of
the direct victim” (principle 2). Also relevant are principles 18 and 19,
concerning abuse of power, and principle 6, concerning the participation of
victims in legal proceedings relating to redress of the injury suffered. Thus
far, the number of cases in which the Special Rapporteur has received
information concerning compensation of the families of persons executed
summarily or arbitrarily is very small.
E/CN.4/1992/30
page 8
III. SITUATIONS
A. General
37. 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. These include the
International Covenant on Civil and Political Rights (arts. 4, 6, 7, 9, l it
and 15), the Standard Minimum Rules for the Treatmemt of Prisoners, the Code
of Conduct for Law Enforcement Officials, the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, the Safeguards
guaranteeing protection of the rights of those facing the death penalty,
approved by the Economic and Social Council in resolution 1984/50
of 25 May 1984, the Principles on the Effective Prevention and Investigation
of Extra—legal, Arbitrary and Summary Executions, approved by the Economic
and Social Council in resolution 1989/65 of 24 May 1989. The
Special Rapporteur also took into consideration Commission on Human Rights
resolution 1991/70 of 6 March 1991, in which the Commission expressed its
continued concern at reports of indimidation and reprisal against individuals
and groups who seek to cooperate with the United Nations and representatives
of its human rights bodies.
B. Country situations
Albania
Appeals for urgent action
38. On 15 March 1991, the Special Rapporteur sent a cable to the Government
of Albania transmitting allegations regarding the possible extrajudicial
execution of three persons and the wounding of at least 15 others during or
shortly after a shooting incident outside the Military Academy in Tirana
on 22 February 1991: during the course of a demonstration, at least
three persons were killed, one of whom was a policeman; among those wounded
were persons who apparently were not on the streets at the time of this
incident, but who were subsequently assaulted by members of the security
forces. Among those reported injured were several children, one of whom was
dangerously ill.
39. The Special Rapporteur referred to the Basic Principles on the Use of
Force and Firearms by Law Enforcement Officials as well as to the fundamental
principles set forth in the Universal Declaration of Human Rights and the
International Covenant on Civil and Political Rights, which, at articles 3
and 6, respectively, provide that every individual has the right to life and
security of the person and that this right shall be protected by law; he
appealed to the Government for any information in connection with measures
taken to ensure that the right to life is safeguarded and also on the relevant
investigations carried out by the authorities on the above—mentioned incident.
40. On 5 April 1991, another cable was sent to the Government of Albania
concerning allegations received regarding an incident during which three
persons were said to have been killed, one of whom was Arben Broci, a leader
E/CN.4/1992/30
page 9
of the Democratic Party, and at least 50 others wounded when security forces
fired at demonstrators outside the Workers' Party headquarters in Shkoder on
2 April 1991. In this connection, the Special Rapporteur once more referred
to the relevant articles of the Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials, and reiterated an appeal for an
investigation and information in connection with this incident.
41. At the time of preparation of the present report, no reply had been
received from the Government of Albania.
Algeria
Appeaj _ frnurgent action
42. On 12 April 1991, the Special Rapporteur sent a cable to the Government
of Algeria drawing its attention to information to the effect that,
on 19 March 1991, Rasbid Bouhouche, Abdennour Laras, Tahar Lyazed and
Moussa Djebbare had reportedly been sentenced to death after being found
guilty by the Criminal Court of the Court of Algiers of embezzling several
million dollars from the public funds of the Banque Extérieur d'Algérie, as
well as of corruption and mismanagement. Two of the accused, Mr. Lyazed and
Mr. Djebbare, were apparently sentenced in absentia . Mr. Bouhouche and
Mr. Laras, both imprisoned in Algiers, were allegedly chained hand and foot.
43. The Special Rapporteur referred to the basic principles set out in the
Universal Declaration of Human Rights, the International Covenant on Civil and
Political Rights and the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, particularly those concerning the right
to life and security of person to which every individual has a right which
must be protected by law. He also reminded the Government of article 6,
paragraph 2 of the Covenant which states that “In countries which have not
abolished the death penalty, sentence of death may be imposed only for the
most serious crimes in accordance with the law in force at the time of the
commission of the crime and not contrary to the provisions of the present
Covenant.”
44. The Special Rapporteur requested the Government to take into
consideration the provisions of the above—mentioned instruments in the general
context of its concerns relating to the right to life of all individuals, and
to furnish him with comments or information on the aforementioned cases.
Government reply
45. On 20 May 1991 the Government of Algeria, replying to the Special
Rapporteur's communication of 12 April 1991, drew the Special Rapporteur's
attention to the fact that the eases referred to could not be compared to
situations of summary or arbitrary executions and that the reply it was
transmitting in a spirit of cooperation could not therefore be interpreted as
empowering the Special Rapporteur to refer to these cases in his report to the
Commission on Human Rights.
46. The four persons mentioned above had been prosecuted for crimes under the
ordinary law in force and subject to the death penalty. They bad had the
E / CN .4/1992/30
page 10
right to a fair trial with all the appropriate guarantees. Their guilt had
been established by the Criminal Court of the Court of Algiers which had the
jurisdiction to try, as in the case in question, individuals referred to it by
order of the Indictment Division. Mr. Tahar Lyazed and Mr. Moussa Djebbare,
who bad not complied with the order to appear before the court, had been tried
in absentia .
47. With regard to the issue of the abolition of the death penalty, Algeria,
which had chosen to abstain when the Second Additional Optional Protocol to
the International Covenant on Civil and Political Rights was adopted, intended
to reach a decision in a completely dispassionate manner, in the light of its
wholehearted commitment to humanitarian principles and respect for the basic
tenets of its legal system. Furthermore, the possibility of reducing the
number of offences subject to the death penalty had not been excluded and the
matter was being considered by the Ministry of Justice.
Argentina
Appeals for urgent action
48. On 28 June 1991, the Special Rapporteur sent a cable to the Government of
Argentina concerning information that Hebe de Bonafini, President of the
Madres de la Plaza de Mayo and other members of this organization, as well as
Fernando “Pino” Solanas, a film director, had allegedly received death
threats. The complaints concerning the circumstances of these cases were as
follows:
(a) Mrs. de Bonafina and other members of the Madres de la Plaza de Mayo
had received death threats on numerous occasions since February 1991.
Moreover, their headquarters in the centre of Buenos Aires had been raided
four times between 2 March and 4 June 1991, and money, recording equipment,
prizes, a computer and computer files bad been stolen. The complainants had
assumed that these threats had been made by forces connected with the
Government;
(b) According to reports, Mr. Solanas was shot several times by an
unidentified gunman in circumstances which might suggest that he had been the
victim of an attempted extra—legal execution. On 22 May 1991, Mr. Solanas was
walking through the parking lot of the Olivos cinema studios with a colleague
when he was shot at several times by a gunman in disguise. It seems that the
gunman warned Mr. Solanas's companion to stand aside and told Mr. Solanas not
to talk about the incident. Mr. Solanas was allegedly wounded in both legs
and taken to an emergency clinic in the area. Subsequently he was transferred
to a Buenos Aires hospital for treatment. The probable attempted extra—legal
execution of Mr. Solanas took place three days after an interview with him was
published in the newspaper Pétina 12 , in which be publicly criticized the
President of the Republic. As a result the President initiated proceedings
against him for intentional defamation. Although, according to the
information received, it is not certain that the security forces were
involved, the complainants stressed that the victims were selected because of
their criticism of the Government and that nobody had been tried in connection
with those incidents, which suggests that the attacks were to some extent
tolerated by the authorities.
E/CN.4/1992/30
page 11
49. In this connection, the Special Rapporteur referred to paragraph 4 of the
Principles oa the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions, adopted by the Economic and Social Council
in its resolution 1989/65 of 24 May 1989, to the principles contained in the
Universal Declaration of Human Rights and to article 6 of the International
Covenant on Civil and Political Rights. In view of the fact that the persons
referred to in paragraph 48 (a) collaborated regularly in the procedures laid
down by the United Nations for the protection of human rights, the
Special Itapporteur also referred to resolution 1991/70, adopted by the
Commission on Human Rights on 6 March 1991, urging Governments to refrain from
all acts of intimidation or reprisal against private individuals and groups
who seek to cooperate with the United Nations and representatives of its human
rights bodies. The Special Rapporteur appealed to the Government to take all
measures at its disposal to protect the lives and physical integrity of the
persons referred to above. He also requested information on those measures as
well as on investigations carried out by the authorities in those cases.
SO. On 12 September 1991, the Special Rapporteur sent a cable to the
Government of Argentina concerning various magistrates and legal officials who
had allegedly been the target of attacks and threats with a view to
intimidating them in the performance of their lawful duties in connection with
proceedings in which members of the police or military forces were involved.
51. According to the information received, mention was made of the following
facts:
(a) On 19 May 1990, shots were fired at the car of the Federal Capital's
criminal judge, Luis Jorge Cevasco, who is presiding over proceedings in which
a number of policemen have been charged;
(b) On 9 and 17 October 1990 Raul Borrino, the criminal judge of
San Isidro , Province of Buenos Aires, who was presiding at a trial in which a
policeman was charged with torture, allegedly received death threats;
(c) On 10 October 1990, a so—called “inter—force police commando”
threatened to kill Juan Makintach, the criminal judge of San Isidro, the
prosecutor of the Court of Appeals of Lomas de Zamora and the Alberto Durán,
the criminal judge of La Plata. All these persons were connected with legal
proceedings against police officers for various offences such as threats and
homicide;
(d) On 5 May 1991 Orfeo Maggio, the criminal judge of Quilmes, who was
investigating the desecration of tombs in the Jewish cemetry of Berazategui,
allegedly received a death threat;
(e) On 20 May 1991 Ariel Villar, clerk of the court in which threats
against Mr. Maggio were being investigated, was allegedly threatened;
(f) From 26 May to 4 June 1991 Raul Casal, the criminal judge of
San Isidro, who was investigating threats against his colleague Makintach,
allegedly received a number of death threats directed against himself and his
family;
E/CN .4/1992/ 30
page 12
(g) Between 13 and 20 July 1991: Maria Servini de Cubria and
Ricardo Weschler, federal judges investigating cases involving trafficking in
money from the drug trade complained that they had received death threats;
(b) Between May and June 1991: a number of members of the judiciary and
legal officials connected with the trial against the “ c.arapintadas ” military
group (on the grounds of their attempted military coup) allegedly received
death threats, particularly judge Jorge Casanovas, who also appears to have
been shot by unknown persons using rifles with telescopic sights. Death
threats also seem to have been made against the relatives of members of the
judiciary.
52. In this connection, the Special Rapporteur referred to paragraph 4 of the
Principles on the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions, to the principles contained in the Universal
Declaration of Human Rights and to article 6 of the International Covenant on
Civil and Political Rights. The Special Rapporteur requested the Government
to take all measures at its disposal to protect the lives and physical
integrity of the persons mentioned above. He also requested information on
those measures as well as on the investigations carried out by the authorities
in those cases.
Government reply
53. On 26 August 1991, a reply was received to the Special Rapporteur's cable
of 28 June 1991, transmitting a communication from the National Directorate
for Human Rights of the Ministry of the Interior concerning the cases of
Hebe de Bonafini and the Madres de Ia Plaza de Mayo , Fernando Solanas and the
investigations being carried out. In its communication the Government stated
its conviction that what was involved was an extreme right—wing political
attack, which was being investigated by the police of the Province of
Buenos Aires. This action, it stressed, in addition to the continuing legal
investigation, clearly revealed what was being done by the Ministry of the
Interior to follow up and solve the case.
Bangladesh
I. Appeals for urgent action
54. During 1991, no appeals for urgent action were sent by the
Special Rapporteur.
2. Otlin caseg transmitted by the Special Rapporteur
55. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Bangladesh transmitting information he had received concerning
several incidents of alleged summary or arbitrary executions perpetrated in
Dhaka Central Jail. In late December 1990, approximately 10 prisoners were
allegedly killed by members of the security forces during uprisings in the
prison. On B and 9 April 1991, another 69 inmates of the same prison were
reportedly executed when members of the paramilitary group “Bangladesh Rifles”
and the army entered the prison after five prisoners had attempted to escape.
E/CN.4/1992/30
page 13
The Special Rapporteur was informed that the Government had announced the
establishment of a commission to carry out investigations into the incidents
at Dhaka Central Jail.
56. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Bangladesh
to provide him with information on the above—mentioned cases and, in
particular, on the progress and results of judicial investigations carried out
by the competent authorities.
Bbutan
1. Appeals for urRent action
57. During 1991, no appeals for urgent action were sent by the
Special Rapporteur.
2. Other cases _ transmitted by the Special Rapporteur
58. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Bhutan transmitting cases of alleged summary or arbitrary
executions. According to information received, 185 people were allegedly
killed by the Royal Bhutan Army in a peaceful demonstration organized by the
Student Union of Bbutan jointly with the Bhutau People's Party between
19 September and 5 October 1990. Reportedly, the Royal Ehutan Army fired upon
peaceful unarmed civilian demonstrators in the towns of Chengmari on
20 September 1991, Sibsoo on 21 September 1991 and Pugh on 22 September 1991
and allegedly killed hundreds of people.
59. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Bhutan to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
Government reply
60. On 17 December 1991, a reply was received from the Government of Bhutan
to the Special Rapporteur's letter of 8 November 1991 stating that it
categorically rejected as false the allegations that 185 persons were killed
by the Royal Bhutan Army which was alleged to have fired upon peaceful unarmed
civilian demonstrators at Chengmari, Sibsoo and Pugh areas of Samchi
district, Ehutan, between 20 and 22 September 1990. The Government had
certain knowledge of only one accidental death during the demonstrations in
question. It was affirmed that such fabricated and malicious claims had been
made by persons who had publicly declared their animosity towards both the
existing civil authorities and the lawful domestic policies of Bhutan.
ki iia
1. Appeals for urgent action
61. During 1991, no appeals for urgent action were sent by the Special
Rapporteur.
E / CN. 4 / 1992/30
page 14
2. Other cases transmitted by the Special Rapporteur
62. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Bolivia transmitting the case of a university student reportedly
killed in July 1990 by members of the Qn&po Especializndo Antiterrori,sfl , the
Anti—Terrorist Special Force, for his alleged membership in the armed group
Zarate WilIka Armed Liberation Forces ( flterzas Armadas de Liberación Zarate
W il Ika , FAL—ZW). The Special Rapporteur was informed that no warrant for his
arrest had been issued and that there was no indication that the victim had
been sought by the authorities. According to the information received, no
official inquiry had been conducted into the case.
63. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Bolivia to
provide him with information on the above—mentioned case and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
Brazil
1. Appeals for urgent action
64. On 5 February 1991, the Special Rapporteur sent a cable to the Government
of Brazil concerning four persons who had allegedly been threatened with
death. These were said to be: Joao Lucas da Silva, Cicero da Silva and
José Cicero da Silva, leaders of the Rural Workers Union of Palmares,
Per-nambuco, and Maria Aparecida Pedrosa Bezerra da Silva, legal adviser to the
same union. According to the information, on 13 December 1990, at the time
the trial of the killers of the rubbertapper leader, Chico Mendes, was taking
place, another rural workers union leader was killed. He was
José Helic da Silva, legal counsel to the Rural Workers Union of Palmares.
It was alleged that since the killing of José Helio da Silva, the four persons
mentioned and other union leaders in Palmares have reported receiving threats
and being harassed and that 45 unionists have been murdered in the State of
Pernainbuco in the last seven years.
65. On 8 March 1991, another cable was sent to the Government of Brazil
concerning death threats allegedly made against seven persons. They were said
to be: Father Ricardo Rezende, former coordinator of the Pastoral Land
Commission of Conseiçao do Araguia, Carlos Cabral Pereira,
Roberto Neto da Silva, Valderio Pereira dos Santos and Orlando Canuto, leaders
of the Rural Workers Union of Rio Maria, Path, who had allegedly, received
death threats for more than a year; Manoel Pereira da Silva, a member of the
Rubbertappers, Smallholders and Rural Workers Union (SINPASA) of Rio Branco,
Acre, who had allegedly received death threats for six months, and Tania Maria
Salles Moreira, the Public Prosecutor of Duque de Caxias, Rio de Janeiro
State, who had reportedly received death threats by telephone at work and at
home for some time. It was reported that Ms. Salles Moreira had been offered
protection on her way to and from work by the State Secretary of Public
Security and that Mr. Pereira da Silva had requested police protection, but
that State authorities had not responded to this request. The other persons
named were also without protection.
EICN.4 1 1992/30
page 15
66. On 11 April 1991, another cable was sent to the Government of Brazil
concerning three persons who had been threatened with death. These were said
to be: José Alves de Souza, Antonio Fernandes Pereira and Isaias Mendoça
Araujo. According to the information, on 7 March 1991, José Alves de Souza
was shot in the back garden of his house in the Sao Jorge—Sucavo settlement in
the township of Sitio Novo in the region known as Bico do Papagaio;
Fir. Alves de Souza was reportedly wounded in his hands, legs and back; this
was the second attempt on his life. When the President of the Rural Workers
Union of Sitio Novo reported the assassination attempt, the local police
delegate allegedly told him that, in addition to Mr. Alves de Souza, two other
rural trade unionists and settlers from the same settlement, Antonio Fernandes
Pereira and lsaias Mendoça Araujo, were also on the death list. Reportedly,
neither of them had received police protection and no one had been detained in
connection with the attempt against the life of Mr. Alves de Souza.
67. On 5 August 1991, a cable was sent to the Government of Brazil concerning
allegations of threats against and attempts upon the life of Antonio Rodrigues
de Amorim, former parliamentary candidate of the Partido dos Trabalbadores and
President of the Rural Workers Union of Taua, Ceara. According to the
information, on 2 July 1991, Mr. Rodrigues de Amorim was threatened by a
person whose family had been involved in a land dispute with the family of
Mr. Rodrigues de Azuorim and other peasant families. The threats initially
were made verbally and, subsequently, with a knife. Allegedly, the attacker
had made several previous death threats against Mr. Rodrigues de Amorim.
According to information the Special Rapporteur had received, the attacker was
briefly detained by police and later was released without charge.
68. By the same order, the Special Rapporteur also transmitted to the
Government information he had received according to which, in 1977, peasants
from the Fazenda Abobora , including the family of Mr. Rodrigues de Ainorim,
took court action against their landowners with the aim of having their rent
payments reduced according to law. Since then, the landowners allegedly had
been trying to evict the peasants from the land. In 1987, a court decision
protected the remaining families from eviction and reduced their rent payment.
Mr. Rodrigues de Ainorim reportedly began to receive death threats since that
judicial decision.
69. On 4 October 1991, a cable was sent to the Government of Brazil
concerning allegations of repeated threats against the life and physical
integrity of six persons. These cases had reportedly occurred in two States
of the country where it was alleged that the State authorities had failed to
take effective action or to bring those responsible to justice. The names and
activities of the persons threatened were as follows: Gumercindo Rodrigues, a
trade unionist and adviser to the National Rubbertappers Council and the
Xapuri Rural Workers Union in Rio Branco, Acre; Carlos Cabral Pereira,
Roberto Neto da Silva, Valdério Pereira dos San tos and Orlando Canuto all
rural union leaders in Rio Maria, Pare; and Father Ricardo Rezende.
70. On 5 November 1991, a cable was sent to the Government of Brazil
concerning alleged death threats and other forms of intimidation against the
life and physical integrity of Father Ladislau Da Silva, parish priest of
E / CN .4 / 1992 / 30
page 16
Esperantina, Piaui, north east Brazil and against Father Manoel Aparecido
Monteiro, parish priest of Monte Santo, Bahia, and Maria c ia Gonceiçao Neves
Barbosa, lawyer of the Comissto Pastoral da Te j (OPT) in nearby Bonfim,
Bahia. According to the information, death threats against Father Ladislau
da Silva reportedly started after he publicly denounced what he regarded as
the corruption of local authorities and their high salaries compared to the
low wages of local urban and rural workers; Father Ladislau had reportedly
been outspoken in the defence of peasants' rights; on 27 September 1991, while
Father Ladislau was away, his parish house was broken into by unidentified
gunmen. Death threats against Father Manoel and Ms. Neves Barbosa allegedly
started after their intervention, in August 1991, on behalf of 170 peasant
families who were involved in a land conflict with two neighbouring
landowners. The conflict had involved violence from both sides. On
20 August, in an armed confrontation, two landowners' employees were killed;
two peasants had been detained and were awaiting trial accused of the
killings. According to the report received, there was no indication that
Father Manoel or Ms. Neves Barbosa had instigated or supported violence. An
anonymous letter, stained with blood, was reportedly left under
Father Manoel's doorstep threatening not only bin, but also Ms. Neves Barbosa
and five other lay parish workers.
71. On 13 November 1991, a cable was sent to the Government of Brazil
concerning the life and physical integrity of Mauro Carneiro dos Santos and
Francisco Nunes de Sousa whose lives were thought to be in danger. According
to the information, Mauro Carneiro dos Santos, the leader of the Sindicato dos
Trabalbadores Rurais de Paragominas and President of the Brazilian Socialist
Party and Francisco Nunes were reportedly killed while working on the
construction of a rural road between the towns of Paragominas and Tome—Acu,
ParA: Mr. Carneiro dos Santos had reportedly been a key figure in obtaining
authorization from the prefeitura to build this road which would benefit
several peasant communities; a local landowner, angered by the construction of
the road which cut across his property, was said to have gone to the site of
the construction together with some ten pistoleiros (gunmen). In the incident
that followed, Mr. Carneiro dos Santos and Mr. Nunes de Souza, who tried to
prevent the death of Mr. Carneiro dos Santos , were killed, allegedly by the
local landowner, in unclear circumstances. An inquiry into the killings was
being carried out by the local police. The source of the information
expressed concern for the life and safety of members and leaders of rural
trade unions representing families in Pare, who had reportedly been the
targets of death threats, assaults, abductions and killings.
72. On 2.9 November 1991, a cable was sent to the Government of Brazil
concerning the lives and physical integrity of Carlos Cabral Pereira and
Roberto Neto da Silva, rural union leaders of Rio Maria, Pare, whose lives
were thought to be in danger. According to the information,
Mr. Cabral Pereira and Mr. Neto da Silva had allegedly enjoyed protection by
the Federal Police following death threats and assaults against members and
leaders of rural trade unions representing peasants and their families in
southern Pan. Four leaders of the Rio Maria Union have reportedly been
murdered since 1985. These intimidations and killings were said to have been
carried out by gunmen who allegedly acted on behalf of landowners and who
reportedly enjoyed a high degree of impunity. It was further alleged that the
Brazilian authorities bad consistently failed to take effective action to
E/CN.4/1992/30
page 17
prevent or investigate the killings or to bring those responsible to justice.
It was reported that Federal Police protection had recently been withdrawn
from fir. Cabral Pereira and Mr. Neto da Silva. Fears were expressed that this
may have put in danger their lives and physical integrity as police protection
is still believed to be essential for the personal safety of the rural union
leaders.
73. On 11 December 1991, a cable was sent to the Government of Brazil
concerning Flávio Cláudio Luis dos Santos (9 years of age), Erivaldo Passes
(16 years of age), Edson Cunha da Silva (17 years of age), Cristiano Batalha
Neves (15 years of age), Ptárcio (16 years of age) and Rose dos Santos
(14 years of age) who were thought to have been extrajudicially executed.
According to the same information, the life and physical integrity of
Andréia da Silva Lourenço (16 years of age) might be in danger. According to
the information, the six above—mentioned children and adolescents were
reportedly killed on 14 November 1991 in the shanty town of Nova Jerusalem,
Duque de Cazias, a particularly deprived suburb of Rio de Janeiro. The
circumstances suggested that the killings had been carried out by death
squads: the children and adolescents were said to have been taken from the
hut where they gathered to nearby barren land on the margins of the river
Sapuf, there, they were reportedly made to lie face downwards and shot in the
head at point blank range. Six of the victims died immediately; the seventh,
Andréia da Silva Lourenço, although wounded in the head, reportedly remained
alive and conscious. Fears were expressed to the Special Rapporteur that,
being the only witness to the incident, her life and physical integrity might
be in danger. Reportedly, one person had given himself up to the police and
had assumed sole responsibility for the killings. It is alleged, however,
that other people had also taken part in the killings and that the confessed
murderer might be covering up for them.
74. According to official figures, from January to .June 1991 there were 139
recorded unlawful killings of children in the State of Rio de Janeiro.
Unofficial sources reported to the Special Rapporteur that there were at least
15 known death squads acting in different areas of Rio de Janeiro. Allegedly,
the authorities were involved, in several cases, in death squad operations.
In particular, the Special Rapporteur was informed of cases where members of
death squads were issued with identification cards accrediting them as members
of the judiciary; cases in which members of the military police were denounced
as involved in death squad crimes and no action bad been taken to investigate
their responsibility; and the case of a former senior police officer convicted
of the killing of a child who had never been taken in to serve his prison term
in spite of his whereabouts being public knowledge.
75. In connection with the above nine cases, the Special Rapporteur referred,
in all his cables, to paragraph 4 of the Principles Relating to the Effective
Prevention and Investigation of Extra—legal, Arbitrary and Summary Executions,
adopted by the Economic and Social Council in its resolution 1989/65
of 24 May 1989, to the principles embodied in the Universal Declaration of
Human Rights and to article 6 of the International Covenant on Civil and
Political Rights. He further appealed to the Government to take all measures
at its disposal to protect the life and physical integrity of the persons
concerned and requested information on those measures, as well as on the
investigation carried out by the authorities in those cases.
E/CN.4/1992/30
page 18
Government replies
76. On 8 January 1991, a reply was received from the Government of Brazil,
further to two previous communications dated 7 and 12 December 1990 (see
E/CN.4/1991/36, paras. 56 to 63) sent in response to the Special Rapporteur's
urgent message of 2.9 November 1990 regarding alleged death threats received by
Osmarino Amancio Rodrigues, Secretary of the National Rubbertappers Council,
and the reported failure of the Acre State authorities to protect his life.
It was stated that the Ministry of Justice had once more asked the Acre State
authorities to take all steps necessary to ensure Mr. Amancio Rodrigues's
safety.
77. On 25 February 1991, another reply was received from the Government of
Brazil regarding several cases already mentioned by the Special Rapporteur in
his report to the forty—seventh session of the Commission on Human Rights
(E/CN.4/l99l/36). The information concerned the following persons:
(a) Wolmer do Nascimento (see paras. 44 and 53). Since late
November 1990, Mr. do Nascimento had been under the permanent protection of
three agents of the Federal Police. In his capacity as Coordinator of the
National Street Children's Movement, he bad been participating in all
initiatives taken by the Government of Brazil to combat violence against
minors and to provide abandoned children with better care and living
conditions;
(b) Osmarino Amancio Rodrigues (see paras. 46, 55, 56, 61—63) and
Ilzamar Mendes (see para. 31). Police protection had been extended on a
full—time basis to both persons. However, Mr. Ainancio Rodrigues decided after
having received protection for some time to dispense with such protection;
(c) Simone Amaral Cerqueira (see paras. 41 (a) (i), 51 and 52). The
reply given by the Government of Brazil was not correctly reproduced in
paragraphs 51 and 52. All four individuals involved in the death of
Mrs. Cerqueira were brought to trial and sentenced to terms of imprisonment
ranging from 2 1/2 to 37 years;
(a) Mario Davis (see paras. 41 (b) and 60) and DamiZo Mendes (see
paras. 41 (b) and 60). Thorough investigations were conducted by the
Federal Police which confirmed the allegations. The suspected murderers
were awaiting trial;
(e) Francisco “Chico” Mendes (see para. 32). The jury trial of the
murderers of Francisco “Chico” Mendes took place in December 1990. The two
men directly and indirectly responsible for his murder (Darli Alves da Silva
and Darci Pereira Alves) were each sentenced to 19 years in prison.
78. On 8 April 1991, the Special Rapporteur received a reply from the
Government of Brazil in response to his urgent appeals dated 5 February and
8 March 1991. It was stated that the Council for the Defence of the Rights of
the Human Person (Conseiho de Defesa dos Direitos da Pessoa ilumana — CDDPH)
bad recently held an extraordinary session devoted entirely to examining the
problem of violence resulting from land disputes and that this session bad
E/CN.4/1992/30
page 19
taken place against the background of the recent murder of Expedito Ribeiro
de Souza, Leader of the Rural Trade Workers' Trade Union of Rio Maria, Path,
as well as of reported death threats against the lives of other trade
unionists in southern Path (in the region known as “Bico do Papagaio”). It
was also stated that the Ministry of Justice had:
(a) Recommended that protection by the Federal Police be given to
Tania Maria Salles Moreira on her way to and from the Duque de Caizas court.
She was already receiving such protection;
(b) Offered the material and human resources of the Federal Police to
the State Governor of Path, in connection with the attack against
Carlos Cabral Pereira;
(c) Requested the Governor of Path to ensure the physical integrity of
Mr. Cabral Pereira and all those allegedly under threat according to the
aomiss o Pastoral da Terra ;
(d) Through the CDDPH, requested the state authorities to give
assurances to Manoel Pereira da Silva against death threats.
79. On 10 April 1991, a communication was received from the Government of
Brazil transmitting a document prepared by the Representative of UNICEF in
Brazil concerning the problem of violence against minors in that country and
the efforts being made by the Brazilian Government to combat it.
SO. On 6 June 1991, another reply was received from the Government of Brazil
to the Special Rapporteur's cable of 5 February 1991 (see para. 64 above)
regarding allegations of violence resulting from land disputes. The Minister
of Justice stated that the murderers of José Alves de Souza had been arrested
and that an enquiry was under way. The Minister had also requested information
from the State of Pernambuco on the steps taken to investigate the murder of
José Hélio da Silva and to protect the lives of Jo o Lucas da Silva, Cicero da
Silva, José Cicero da Silva and Ms. Maria Aparecida Fedrosa Bezerra da Silva.
81. On 3 September 1991, a third reply was received from the Government of
Brazil to the Special Rapporteur's cable of 5 February 1991 (see para. 64
above): the Minister of Justice had been informed by the Federal Police that
Jo o Lucas da Silva and Cicero da Silva had requested that police protection
be withdrawn, and that José Cicero da Silva and Maria Aparecida Fedrosa
Bezerra da Silva were not receiving special protection as their whereabouts
were unknown.
Burkina Faso
1. Appeals for urgent action
82. During 1991, no appeals for urgent action were sent by the Special
Rapporteur.
E/CN.4/ 1992 130
page 20
2. Other cases transmitted by the Special }tavporteur
83. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Burkina Faso transmitting the case of a medical student who had
died in incommunicado detention in May 1990, allegedly after having been
subjected to torture by police agents. According to the information received 1
no official inquiry had been conducted into the case.
84. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of
Burkina Faso to provide him with information on the above—mentioned case, and,
in particular, on the progress and results of judicial investigations carried
out by the competent authorities.
Eurundi
Appeal for urgent action
85. On 27 November 1991, the Special Rapporteur sent a cable to the
Government of Burundi transmitting allegations that, in November 1991, six
persons, including four children, had been executed by soldiers; it also
seemed that the life and physical integrity of Isidore Ciiza might be
threatened. According to the information, following attacks on military
installations at Bujumbara and in the provinces of Bubanza and Citiboke,
Mr. Ciiza, a farmer and taxi driver, had been denounced to the soldiers of the
Muzinda garrison as possessing arms; fearing arrest or execution, Mr. Ciiza
allegedly bid. Around 26 November 1991, six soldiers reportedly went to his
home at Mazinda , and after searching in vain for weapons killed Maria Mawazo,
Mr. Ciiza's wife, their son Nduwimana (aged five) and daughter Anita
(aged four), two other children, Guillauxne (aged eight months) and Gorotti
(aged six), and Générose (aged 18), the family's maid; Mr. Ciiza's second
wife, Tabu, would appear to have been seriously injured. Mr. Ciiza allegedly
fled to Bujumbara, but on his return to Muzinda, a week later, he was
apparently arrested on the orders of a government official. According to the
information received, he was tortured during his detention at the headquarters
of the Special Research Brigade (BSR). In view of this information, there are
reasons to believe that Mr. Ciiza's life and physical integrity could be in
danger.
86. In this connection, the Special Rapporteur referred to the principles
embodied in the Universal Declaration of Human Rights, particularly article 3,
and in the International Covenant on Civil and Political Rights, particularly
article 6. He also referred to the Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials, and in particular to paragraphs 4, 5, 9
and 10, which are based on the fundamental principle that the amount of force
used should be in proportion to the objectives to be achieved, and to the
Principles on the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions and the means of conducting efficient
investigations into such executions.
87. No reply bad been received from the Government of Burundi at the time
this report was prepared.
E/cJN.4/1992/30
page 21
Chad
1. Appeals for urgent action
88. During 1991, no appeals for urgent actions were sent by the Special
Rapport eur.
2. Other cases transmitted by the Special Rapporteur
89. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Chad transmitting information he had received about the
alleged extrajudicial execution of more than 300 political prisoners shortly
before former President Hissein Habré fled to neighbouring Cameroon on
1 December 1990. These prisoners had reportedly been detained inconwnunicado
at the President's headquarters in the capital, N'Djamena. According to the
source of information, their bodies were either thrown into the Chari river or
left at the headquarters.
90. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Chad to
provide him with information on the above—mentioned case, and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
China
1. Appeals for urgent action
91. On 15 March 1991, the Special Rapporteur sent a cable to the Government
of China concerning the alleged iminent execution of five persons. The cases
brought to the attention of the Special Rapporteur were described as follows:
(a) On 8 February 1991, Radio thasa announced that in Chamdo, the
Peoples' Intermediate Court had sentenced to death Ap Ho. He was charged with
“intentional murder and robbery”. No details were given to substantiate the
charges alleged, nor of the pre—trial or trial procedures;
(b) On 25 February 1991, Radio Lhasa announced that the Shigatse
Intermediate Court had sentenced to death Kelsang Tsering, Migmar Tsering and
Mr. Penpa. No details of the charges were given, nor were details given of
the pre—trial or trial procedures;
(c) On 11 March 1988, Lobsang Tenzin was arrested along with five other
Tibetan youths for his alleged killing of a Chinese policeman,
Mr. Yuan Shisheng, during a pro—independence demonstration in Lhasa on
5 March 1988. On 19 January 1989, Mr. Tenzin was sentenced to death on the
grounds of being a “principal culprit” in the aforementioned alleged killing.
At that time, the execution of the sentence was suspended for two years. That
two—year period bad now expired and by an official announcement of
27 December 1990, the Government announced its intention to carry out the
execution. Mr. Tenzin was reportedly subjected to torture, including
suspension from the ceiling for a week, denial of food for periods of several
weeks, continuous severe beatings and in solitary confinement during which
time his hands and feet were chained.
E/ cN.4/1992/30
page 22
92. The Special Rapporteur expressed his concern for the lives of the
above—mentioned persons and appealed to the Government to take all necessary
measures to ensure that the minimum standards for a fair trial were respected
in accordance with the fundamental principles embodied in the Universal
Declaration of Human Rights and reiterated in the International Covenant on
Civil and Political Rights and in the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment.
93. On 21 March 1991, another letter was sent to the Government of China
concerning the alleged imminent execution of Wang Xiguo, an unemployed
construction worker from Wuxue town in Hubei province, who was charged by the
prosecution with the theft of some 20,000 yuan from an unspecified company.
No further details of the crime were available. Mr. Wang was recently
sentenced to death for armed robbery by the Intermediate People's Court
following a trial which may have failed to satisfy minimum international
standards. It was further alleged that trial procedures in China often fell
short of international standards f or fairness. Defendants did not always have
access to lawyers, and when lawyers were available they had no more than one
or two days to prepare a defence. Death sentences were often decided in
advance of the trial by “adjudicat ion committees” whose decision was seldom
challenged by the courts. Finally, while a right of appeal might be available
de jute , defendants were often unable to make effective use of such recourse
either because the appeal process was pro foxma or because legal
representation was not available to the defendant prior to and during the
appellate proceedings.
94. The Special Rapporteur expressed his concerns for the life of Mr. Wang
and, in that connection, appealed to the Government to take all necessary
measures to guarantee the protection of the rights of those facing the death
penalty, and requested information on the above—mentioned case.
Government rep ly
95. On 14 May 1991, a reply was received from the Government of China to the
Special Rapporteur's urgent messages dated 15 and 21 March 1991. The reply
stated that inquiries concerning the case of Lobsang Tenzin indicated that
before his conviction he was a student at the University of Tibet; he was
condemned to death for wilful homicide, the sentence being suspended for two
years. In accordance with the relevant provisions of Chinese legislation and
his own manifest wish, he was executed in February 1991 when the two—year
suspension ran out. Allegations that he was held in solitary confinement,
tortured and beaten were pure rumour—mongering. As regards the “affair” of
the death sentences carried out on Ap Ho, Kelsang Tsering, Mi Gmar and Pen Pa,
they were all common criminals, sentenced separately by the local courts in
accordance with the laws concerning murder and robbery. In the course of the
hearings and judicial proceedings, the Chinese law enforcement agencies
returned fair verdicts, taking the facts as their starting—point and the law
as their criterion. Wang Xiguo, aged 33, originally a worker at an equipment
factory in Wuxne, Hubei province, was tried and sentenced to death on
15 January 1991 by the Huanggang District Intermediate People's Court in Hubsi
for a robbery committed in September 1990. He appealed, and on 1 March 1991
the Hubei Province Higher People's Court issued a final judgement suspending
his death sentence for two years. Suggestions that Wang faced early execution
were not in keeping with the facts.
E/CN.4/1992/30
page 23
96. It was also stated that Wang Xiguo was a criminal who had coimnitted
robbery with violence and, under the Chinese Penal Code, robbers might, in
grave circumstances 1 be condemned to death. The case was tried openly by the
Chinese law enforcement agencies, the public attended the trial proceedings,
the accused's appointed defence lawyer appeared in court and conducted the
accused's defence, and before the trial began the lawyer was given a week to
consult the archives. The whole trial was conducted within the time—limits
laid down by the Chinese Code of Criminal Procedure and the procedural rights
of the accused were afforded ample safeguards.
2. Other _ cases transmitted by the Special Rapporteur
97. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of China transmitting 28 cases of alleged suimnary or arbitrary
executions. According to information received by the Special Rapporteur,
three people were executed by the Chinese authorities between April and
October 1990, for theft and colluding to steal. Reportedly, they were
executed following a trial which is said to have failed to meet minimum fair
trial standards. On 14 October 1989, a factory worker was executed by the
authorities for destruction of property. He was reportedly executed following
a trial which is said to have failed to meet minimum fair trial standards. It
was also reported that between 22 June and 8 August 1989, 11 workers were
allegedly executed by the authorities after being detained during the
demonstration in 1989 in Tianannien Square. Reportedly, they were executed
following a trial which is said to have failed to meet minimum fair trial
standards. On 22 August 1989, a Tibetan painter had allegedly died as a
result of severe beatings in prison by the authorities at Drapchi prison.
On 15 December 1990, it was reported that a student allegedly died as a result
of torture by the prison authorities at Drapchi prison. Reportedly, he was
arrested on 5 December 1990 together with five other Tibetan students, and
accused of having allegedly formed a “counter—revolutionary” organization
called the Gangchen Mountain Range Youth Association and having posted
“reactionary” posters in central Lhasa which called for Tibet's independence.
A Tibetan reportedly died a day after being released from prison, allegedly as
a result of severe beatings and other forms of torture in prison, by the
authorities. On 6 July 1991, a Tibetan residing at Lhasa was stabbed by a
policemen in the market area ( Trumsikgax g ) during a peaceful demonstration.
98. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of China to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
Colombia
1. Appeals for urgentaction
99. On 21 February 1991, the Special Rapporteur sent a cable to the
Government of Colombia concerning Mónica Sanchez Arrieta, a lawyer who had
devoted herself for the past six years to defending human rights in Medellin,
department of Antioquia, and who apparently, on 5 February 1991, had received
telephone calls accusing her of defending guerrilla fighters and threatening
E/CN.4/1992130
page 24
her with death. Two days later, it was alleged that she received a “ sufr gjo t 1
(invitation to her own funeral) for 10 February. According to the report,
Ms. Sanchez Arrieta had acted as counsel for the Committee for Solidarity with
Political Prisoners (05FF) and had defended political prisoners and
investigated cases of extrajudicial executions, disappearances and torture in
which members of the security forces were implicated. The threats were
allegedly reported to the Antioquia District Attorney, the Committee on Human
Rights of the Office of the Attorney General and the Committee on Human Rights
of the National Directorate of Criminal Investigation ,
100. In connection with the above information, the Special Rapporteur referred
to Commission on Human Rights resolution 1991/70 of 6 March 1991 which urges
Governments to refrain from all acts of intimidation or reprisals against
individuals and groups who seek to cooperate with the United Nations and
representatives of its human rights bodies. The Special Rapporteur appealed
to the Government to take all measures at its disposal to protect the life and
physical integrity of the above—mentioned person and in addition requested
information on those measures as well as on the investigation carried out by
the authorities in that case.
101. On 22 February 1991, another message was addressed by the Special
Rapporteur to the Government of Colombia concerning Hernando Pinto. It was
reported that Mr. Finto, a peasant leader of the locality of El Carmen,
municipality of San Vicente de Chucuri, department of Santander, had been
threatened by a lieutenant from the El Carmen military base, Luciano d'Eluyas
Battalion, who apparently accused him of fomenting revolt among the peasant
communities in the region, thus giving him reason to fear for his life. The
incident allegedly took place on 3 February 1991 in the presence of witnesses
and in the course of a meeting convened by the commandant of the military base
for the purpose of urging the peasants to support paramilitary groups. In
November 1990, Mr. Pinto had also apparently been threatened by members of the
mobile brigade and his wife had been detained and ill—treated.
102. The Special Rapporteur appealed to the Government to take all measures at
its disposal to protect the life and physical integrity of the above—mentioned
person and requested information on those measures as well as on the
investigation carried out by the authorities in that case.
103. On 10 May 1991, the Special Rapporteur sent another urgent message to the
Government of Colombia concerning Elkin de Jesás López Ospina, a peasant
leader and member of the Municipal Committee for the Defence, Protection and
Promotion of Human Rights, in the municipality of Tibu, north Santander, who
had allegedly received death threats. After some years of persecution by the
security forces, be reportedly received death threats last April from a
paramilitary group which was suspected of having links with the army. On
18 April 1991 he was said to have reported these incidents to the municipal
attorney.
104. On 30 July 1991 the Special Rapporteur sent a cable to the Government of
Colombia concerning information that on 13 July 1991 three armed men had come
to the house of Hugues Lopez, a primary school teacher living with his family
in the town of ConvenciOn, in the municipality of Teorama, in the north of the
Santander department and had trained their weapons on him; Mr. Lopez had
E/CN.4/1992/30
page 25
managed to escape through a neighbour's house, but his own home and that of
his neighbour were raided and searched. The armed men were apparently
recognized by neighbours as belonging to the “Rook” battalion of the army
stationed at a nearby military base. Mr. López has had to leave his lob and
go into hiding to avoid being killed. Concern was also expressed for his
family.
105. On 7 October 1991 a cable was sent to the Goverment of Colombia in
connection with Edwardo iimaaa Mendoza, a lawyer who had apparently received
recent death threats, notably in the form of a telephone call on 1 October.
It was also reported that the threats were in connection with his status as
legal representative of the Palacios family, some of whose members were
murdered on l B September 1991 in Fusagasuga (Cundinamarca). The widow,
Mrs. Maria de Palacios had also been threatened on account of the complaint
she had laid about the murders.
106. On 4 November 1991, a cable was sent to the Government of Colombia
concerning death threats allegedly received by Antonio Sanguino, a sociologist
and leader of the Colombian Youth Workers' Organization in Bucaramanga
(San tander department). Mr. Sanguino, reportedly informed the regional
Procurator in a letter of 30 September 1991 that unknown persons had left
written threats at two postal addresses. The documents were addressed to him
and consisted in “sufragiaa” inviting him to a funeral mass for his own soul
and a threatening note consisting of letters cut put of newspapers. After
receiving these threats Mr. Sanguino, fearing for his life, left his work and
his home in Bucarainanga. In his cable the Special Rapporteur also referred to
information that Edward Alvarez Vacca, the leader and coordinator of the
Committee for the Defence of Human Rights of Ocafia, North Santander
department, as well as other members of the organization had received threats.
107. On 7 November 1991, another cable was sent to the Government of Colombia
in connection with the death of Hugues Lopez on 13 October 1991 in
circumstances which suggested that he may have been the victim of an
extra—legal execution.
108. On 13 November 1991, a cable was sent to the Government of Colombia
stating that according to information received, the lawyer Edwardo Umaila
Mendoza bad constantly been receiving death threats. According to that
information, Mr. Umaffa bad received anonymous telephone calls in his office
and at home warning him that “there's nowhere for you to hide, we will always
know where you are”. These telephone calls occurred despite the protection
provided by the Government to safeguard Mr. Umaffa's physical integrity. The
Special Rapporteur appealed once again to the Government to take the necessary
measures to protect the life and physical integrity of Mr. Umaffa.
109. On 13 November 1991, a further cable was sent to the Government of
Colombia concerning information concerning the lives and physical integrity of
four primary school teachers, members of provincial teachers' trade unions.
According to the complaint, on 17 October 1991 an envelope slipped under the
door of the headquarters of the Santander teachers' trade union in
Bucarainanga, contained death threats directed at David Flores Gonzélez, the
Secretary—General of the trade union, and other members. At the same time, in
Arauca department, “ sufragios ” had been sent to José Angel Lasso Sierra,
E/CN.4/1992/30
page 26
Chairman of the Arauca Teachers' Association, to Barreto Arenas, member of the
urban trade union, and to the treasurer, Enrique Pertuz. The rector of the
Rafael Pombo secondary school, in Saravena, Arauca, also received a “ sufragth ”
according to the information received. These apparently contained
invitations to attend their own funeral masses. Against the background of
these incidents and the fact that members of the teaching profession have been
victims of extra—legal executions, according to the report of the Colombian
Teachers' Federation (FECODE), 47 teachers have allegedly been assassinated
since the beginning of 1991 and more than 400 have received death threats.
110. On 29 November 1991, a cable was sent to the Government of Colombia in
connection with information received that the life and physical integrity of
David Flores Gonzalez was threatened. According to the information received,
Mr. Flores Gonzalez lives in Bucaranianga and is a teacher and a member of the
Workers' Trade Union of Santander (US 1TRAS) and of the Teachers! Trade Union
of Santander (SES), of which he is currently Secretary—General. At 8 a.rn.
on 17 October 1991 a person on a motorbike allegedly slipped an envelope under
the door of the SES headquarters containing a photocopied sheet bearing a
black hand and a text composed of cut—out letters and words, containing a
death threat. It is alleged that ‘ 1 Black Hand”, the group from which the
threat probably ca ine, is linked to the armed forces, and that other trade
unionists and teachers had previously received threats from it,
11].. On 18 December 1991 the Special Rapporteur sent a cable to the Government
of Colombia concerning William Peiia Barrios and Ramiro Antury. According to
the information received, Mr. Pe a Barrios and Mr. Antury, lawyers belonging
to the Committee for Solidarity with the Political Prisoners of Cali, received
a written death threat on 6 December last signed by a paramilitary group
called Death to Communists (MAC). Both had received other threats, apparently
related to their activities in the judicial investigation into the
assassination of the trade unionist Jorge Eliécer Agudelo in 1989. It would
seem that members of the armed forces admitted responsibility in this case.
112. In connection with the nine cases mentioned above, the Special Rapporteur
referred in all his cables to paragraph 4 of the Principles on the Effective
Prevention and Investigation of Extra—Legal, Arbitrary and Summary Executions,
adopted by Economic and Social Council in resolution 1989/65 of 24 May 1989,
to the principles contained in the Universal Declaration of Human Rights and
to article 6 of the International Covenant on Civil and Political Rights. He
also asked the Government of Colombia to take all measures at its disposal to
protect the lives and physical integrity of the persons referred to above and
also requested information on those measures and on the investigations carried
out by the authorities in these cases.
overnment reply
113. On 23 January 1991 a reply was received from the Government of Colombia
to the Special Rapporteur's cable of 9 November 1990 (see E/CN.4/l991/36,
paras. 116 and 117) transmitting information on the following cases:
(a) John Jairo Galindo and John Edward Fandillo Correa (see
para. (117 (a) (i)): This case was included in the list of the
Inter—Institutional Group, consisting of the Office of the Presidential
E/CN.4/ 1992/30
page 27
Adviser for the Defence, Protection and Promotion of Human Rights, the Office
of the Attorney—General of the Nation and his delegates for the supervision
of the national police, for the armed forces and for the defence of human
rights, the Minister of Labour and Social Security, the National Directorate
for Pre—Trial Proceedings, the Administrative Security Departn ent (DAS) and
the Ministry of Foreign Affairs. Information was requested from the Office of
the Attorney Delegate for the Supervision of the National Police, the Director
of Pre—Trial Proceedings of Antioquia and the Departmental Procurator. It may
be noted here that the National Directorate for Pre—Trial Proceedings
indicated that, despite enormous efforts made to obtain further information on
some of the cases in question, it could not be supplied in time, owing to poor
communication in some areas, such as certain parts of Antioquia;
(b) Julio Césa.r Arias Castano (see para. 117 (a) (ii)): The situation
here is the same as that described abov'e. Information was requested from the
Section Directorate for Pre—Trial Proceedings in Medellin, the (Teachers'
Association of Antioquia) (ADIDA) and the Departmental Procurator;
(c) Américo Torres Ibarguén and Claudio Eenitez (see
para. 117 (a) (iii)): The Section Directorate for Pre—Trial Proceedings of
Antioquia reported that Criminal Examining Court No. 65 of Turbo municipality
had assumed responsibility for the case and had instituted criminal
proceedings;
(d) Pedro Pablo OspirAa (see pam , iLl (a) (iv)): The Section
Directorate for Pre—Trial Proceedings of Call reported that, pursuant to
article 347 of the Code of Criminal Procedure and an order of 15 August 1990,
the investigation by the court hearing the case had been suspended and
referred to the Investigation Unit of the Technical Corps of Judicial Police.
The file contained the evidence collected, and particularly the statements
taken;
(e) Apolinar F'abra (see para. 117 (a) (viii)): Information was
requested from the Office of the Regional Procurator of Apartadé and the
Section Directorate for Fre—Trial Proceedings of Antioquia. No reply had yet
been received. This case was included in the list of the Inter—Institutional
Group;
(f) Jorge Alberto Echeverri and Emilio Copete (see para. 117 (a) (ix)):
The Section Directorate for Pre—Trial Proceedings of Medellin informed the
National Directorate that the trial for the homicide of Echeverri was being
conducted by Criminal Examining Court No. 48 of Medellin. On 18 July 1990 the
investigation began and a number of statements were taken. It was also noted
that it was for Standing Criminal Examining Court No. 77 to arrange the
removal of the body of Emilio Copete Amijo; on 18 July, the preliminary
formalities were complied with; criminal proceedings were initiated in
Criminal Examining Court No. 54 of Medellin;
(g) Alvaro Gómez Padilla (see para. 117 (a) (x)): The Section
Directorate for Pre—Trial Proceedings of Monteria reported that this homicide
took place in the town of Sahagian on 15 July 1990. On 1.7 July, Criminal
Examining Court No. 14 of that town initiated the preliminary investigation;
E/CN.4/ 1992/30
page 28
(h) Ramôn Hernández and Fredy Enrique Mejil (see para. 117 (a) (xi)):
Information was requested from the Office of the Provincial Procurator of
Apartad6, the National Directorate for Pre—Trial Proceedings and the Section
Directorate of Antioquia. This case was included in the list of the
Inter—Institutional Group;
(1) Hector Castro, Roque Jiménez and Leonel Sumaque (see
para. 117 (a) (xii)): Information was requested urgently from the bodies
listed in the previous paragraph. A reply was expected. This case was
included in the list of the Inter—Institutional Group;
(j) Leopoldo Calderón (see para. 117 (a) (xvii)): The case was being
investigated by the Preliminary Investigation Unit of Barrancabermeja. A
report bad been submitted to the Investigation Division of Bogota, and it will
be transmitted as soon as the Government receives it;
(k) Roel Alvis (see para. 117 (a) (xiii)): the Provincial Procurator of
Girardot reported that Criminal Examining Court No. 10 of El Espinal, Tolima,
was conducting the preliminary investigation in this case and that full use
was being made of internal legal resources;
(1) Esteban Palmet Dominguez (see para. 117 (a) (xiv)): An urgent
request was sent to the Office of the Provincial Procurator of Apartadó and
the Section Directorate for Pre—Trial Proceedings of Antioquia. This case was
included in the list of the Inter—Institutional Group;
(m) Luis Eduardo Calderón (see para. 117 (a) (xv)): The steps described
in the previous paragraph were taken. The Government was awaiting a reply;
(n) Pablo Antonio Gonzalez and John Jairo Gómez Rueda (see
para. 117 (a) (xvi)): The Section Directorate for Pre—Trial Proceedings,
César, Guajira, reported that the Municipal Mixed Court of San Alberto (César)
bad, since 29 October 1991, been conducting the preliminary proceedings
connected with the homicide of Gonzalez and Gómez Rueda, which took place in
the district ( corregimiento ) of las Llanas in the jurisdiction of San Alberto
municipality. By resolution 623 of 14 December 1990, the First Circuit Judge
of Valledupar was appointed and authorized to make a three—day visit to
San Alberto to collect evidence;
(o) Henry Delgado, Luis Antonio Meza and Beatriz Elena Méndez (see
para. 117 (b) (1)): Criminal proceedings for the homicide of Delgado were
initiated before Criminal Examining Court No. 15 of Barrancaberineja. This
court transferred the case to the Municipal Court of Betulia. Criminal
proceedings with regard to the deaths of Luis Antonio Meza and Beatriz Elena
Méndez were initiated in Criminal Examining Court No. 14. According to
the latest information, Military Criminal Examining Court No. 24 of
Barrancabermeja undertook to try these cases since the events in question had
taken place during a clash with the National Army. The Barrancabermeja Office
of the Provincial Procurator reported that Mr. Segundo Guarin Pinto had been
appointed as inspecting lawyer in the preliminary investigation to determine
the possible responsibility of members of the National Army as a result of the
complaint laid by Luis Francisco Durna. The complainant was summoned to
confirm his statement and a number of witnesses to give evidence. Additional
E/CN.4/l992/30
page 29
information was requested from the Office of the Procurator Delegate for the
Armed Forces; the Government was expecting a reply. This case was included in
the list of the Inter—Institutional Group;
(p) Jacinto Quiroga (see para. 117 (b) (ii)) : Information was requested
from the Office of the Procurator Delegate for the Armed Forces, the
Barrancabermeja Office of the Provincial Procurator and the Eve—Trial
Proceedings Unit. The Secretary of this Unit reported that proceedings in
connection with the homicide of Mr. Quiroga had been in progress before
Military Criminal Examining Court No. 23 — Artillery Batallion No. 5, Calán,
El Socro — since 10 September 1990. Prior to that date the case had been
handled by the First Municipal Justice of the Peace of Bolivar;
(q) Silvie Feldmann and Tomás Rodriguez (see para. 117 (b) (iii)
and (iv)): The investigation of the violent incidents in which the Swiss nun
and a Colombian citizen died was being conducted by the First Public Order
Magistrate of Pasto—Nariiio, who had carried out on—the—spot inquiries.
According to the report submitted to the Office of the Human Rights Adviser by
the Commander—in—Chief of the Colombian military forces, the deaths bad taken
place in a combat situation. An army patrol had been attacked from a house by
guerrillas of the Revolutionary Forces of Colombia (PARC) near the “Sande”
hunting reserve. Apparently, according to the Commander—in—Chief of the
military forces, the Swiss nun had been in the house looking after an
invalid. The troops found various weapons, armed forces uniforms and campaign
equipment in the house and the surrounding area. The Departmental Procurator
of Narii o ordered a special inspection by the First Public Order Prosecutor.
The Office of Special Investigations of the Office of the Attorney—General of
the Nation sent two inspectors who made a number of inquiries on the spot.
According to the most recent information obtained, the Public Order Magistrate
referred the investigation to military criminal courts. It was difficult to
obtain information on the results of the most recent investigations carried
out in the context of the military criminal proceedings since they were at the
pre—trial stage and therefore subject to reservation; making them public might
obstruct the course of justice;
(r) Maria Zenaida Garcia Gómez, Luz Elida Duque Garcia, Ramón Eve lio Ráa
and iloracio Graciano (see. para. 117 (b) (v)): Information was requested from
the Office of the Procurator Delegate for the Armed Forces and the National
Directorate for Pre—Trial Proceedings. This case was included in the list of
the Inter—Institutional Group;
(s) Germén Antonio Parada (see para. 117 (b) (vi)): The Office of the
Departmental Procurator of Norte de Santander initiated an urgent preliminary
investigation of the case. It originated in the complaint laid by
Mrs. Maria Antonia Jiménez Parada and the endorsement and extension of the
complaint. At the same time, the Departmental Prosecutor took a number of
statements. Subsequently, the case was remitted to the Office of the
Procurator Delegate for the supervision of the armed forces, which is at
present in charge of the investigation. The municipal Procurator of Arboledas
indicated that the First Court of Public Order of Cácuta, capital of North
Santander, was handling the investigation into the alleged homicide and
arbitrary detention of GermAn Antonio Parada. In an order of 6 August 1990,
this Court initiated a preliminary investigation against persons unknown
E/CN.4/1992/30
page 30
(members of the National Army) for the crime of homicide against the person of
German Antonio Parada. By an order of 15 August 1990, a criminal
investigation was initiated against Ratil Raniirez Castellanos, Captain of the
National Army, and others, for the above—mentioned crime. On
26 September 1990, it was decided to remit the proceedings to Criminal
Military Examining Court No. 25 which was considered competent to investigate
the case and give judgement;
(t) Ricardo Henry Montenegro Paz (see para. 117 (b) (vii)): Information
was requested from the Section Directorate for Pre—Trial Proceedings of
Antioquia and from the Caucasian Section Office of the Office of the
Attorney—General of the Nation. A reply was expected. This case was included
in the list of the Inter—Institutional Group;
(u) Edmundo Villamizar and Orlando de Jesiis Ortega Chiqunque (see
para. 117 (b) (viii)): Information was requested from the National
Directorate for Pre—Trial Proceedings, which gave the request priority and
reported that the preliminary investigation had been initiated by the
Technical Corps of the Judicial Police of Bogoté under the direct supervision
of the Section Director for Pre—Trial Proceedings of Cundinamarca, and that
special importance had been attached to the criminal investigation;
(v) Filemón Cala Reyes (see para. 117 (b) (ix)): Information was
requested from the Section Directorate for Pre—Trial Proceedings of Santander,
the Oca?ia Section Office of the Office of the Attorney—General of the Nation
and the Office of the Prosecutor Delegate for the supervision of the military
forces. This case was included in the list of the Inter—Institutional Group;
(w) Osva ldo Recalde (see para. 117 (b) (x)): The Pasto Section Director
for Pre—Trial Proceedings reported that the pre—trial proceedings connected
with the death of Recalde had initially been handled by Criminal Examining
Court No. 11 of Cali, Valle, which bad subsequently, on 28 August 1990,
remitted the case to the Pre—Trial Proceedings Office in Puerto Asis,
Putumayo, since it was competent in the matter. Additional information was
requested from the Nariao Office of the Departmental Procurator;
(x) Javier Francisco Cardona (see para. 117 (c) (i)): Information was
requested from the Office of the Procurator Delegate for the supervision of
the military forces, the Ocaila Section Office of the Office of the
Attorney—General of the Nation and the Section Directorate for Pre—Trial
Proceedings in Santander. This case was included in the list of the
Inter—Institutional Group;
(y) Leonor Sarmiento (see para. 117 (c) (ii)): Criminal Examining
Court No. 7 of San Vicente reported that the file of the case concerning the
homicide of Leonor Sarmiento had been sent to Military Criminal Examining
Court No. 130 — local Luciano d'Elhuyar Battalion. It was registered as
case No. 356 against members of the National Army. Additional information was
requested from the Office of the Procurator Delegate for the supervision of
the armed forces. The reply will be transmitted as soon as it is received.
E/CN.4/ 1992/30
page 31
(z) Juan and Eliseo Caballero (see para. 117 Cc) (iii)) : The same
action was taken as in the two previous cases. The person in charge of the
preliminary investigation of San Vicente said that it was being carried out
in that Unit, and that the case had been registered as No. 310;
(aa) Ariel Vargas Ardila (see para. 117 (c) (iv)): Information was
urgently requested from the Section Directorate for Pre—Trial Proceedings of
Santander, .he Office of the Departmental Procurator of the Region and the
Office of the Procurator Delegate for the supervision of the armed forces.
The case was included in the list of the Inter—Institutional Group;
(bb) Ana Isabel Florez, José Agustin Olivares, Rafael Ayazo and
Eido José Bravo (see para. 117 (b) (xi)): The National Directorate for
Pre—Trial Proceedings reported that the investigation was being handled by
Public Order Court No. 2, with the assistance of two agents who had been
assigned to the case by the Section Director of Córdoba and who were on the
point of submitting their report. The file was fairly voluminous, consisting
of 500 pages.
114. On 4 February 1991, another reply was received from the Government of
Colombia to the cables sent by the Special Rapporteur on 3 December (see
E/CN.4/l991/36, para. 118) and 9 November 1990 (ibid., paras. 116 and
117 (a) (iv) and (vii)). This reply conveyed information on the case of
Father Rafael Martinez Mora. The Government immediately reported the facts to
the Director of DAS, the Regional Procurator of Bolivar, the Procurator
Delegate for Human Rights, the Municipal Procurator of Pinillos and the Office
of the Presidential Adviser for the Defence, Protection of the Promotion of
Human Rights, so as to enable them to take the necessary steps to guarantee
the lives and integrity of those under threat. According to the most recent
information received from the Office of the Presidential Adviser, it was
established in telephone conversations on 24 and 28 December 1990 with the
Bishop of Magangué and the Father Superior of the Order of Franciscan Friars
to which Father Martinez belonged that he had been out of the country for some
time. It was not specified where or since when. The Bishop stated that he
had not asked the Government for any kind of personal protection for
Father Martinez, since security conditions in the area made such protection
unnecessary. The Deputy Chief of the Joint General Staff of the Armed Forces
expressed a similar opinion. The Office of the Procurator Delegate for Human
Rights was in charge of the investigations, the results of which were still
not known.
115. As regards the other cases notified, the Government was awaiting
information that had been requested from the National Directorate for
Pre—Trial Proceedings and the Office of the Presidential Adviser for
Human Rights. En the absence of a complaint on a particular case, that office
was required to initiate an investigation.
116. The National Directorate for Pre—Trial Proceedings had provided the
Special Rapporteur with the following information concerning the cases of
Hector Mario L6pez and Pedro Pablo Ospina. Criminal Examining Court No. 14 of
Cali was conducting the criminal proceedings in respect of the homicide of
Hector Mario López. It had been agreed with the presiding Judge that a
working mission should be organized to request more extensive statements and
E/CN.4/l992/30
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prepare an Identikit portrait. The Court welcomed the suggestion by the local
Human Rights Unit and approved a 45—day working mission (No. 047) on
26 September 1990. This mission completed its work, submitted a report
referring to the “Parche Pelesillo” and prepared two Identikit portraits. By
an interlocutory order of 23 November, and on the basis of article 347 of the
Code of Criminal Procedure, the text of which was included in the previous
note, provision was made to remit the file to the Technical Corps of the
Judicial Police. The Preliminary Investigation Unit initiated its inquiries
with the order of 4 December 1990. In view of the results and because the
alleged perpetrator of the crime could be partially but not completely
identified it was decided on the basis of article 128 of the Code of Criminal
Procedure to return the file to the court so that it could continue with the
investigation.
117. The case of Petro Pablo Ospina was referred to the Investigation Unit of
the Technical Corps of the Judicial Police. Investigations carried out in the
company in which the dead man bad worked and a statement by the Chief of the
Tumbo (Valle) Terminal revealed that he had been an employee with numerous
personal problems, apparently completely unrelated to his trade union
activities. The Preliminary Investigation Unit, for its part, found that it
was assumed in file UIP No. 3627, dealing with the homicide of
José Antonio Ruiz Acufia which had taken place on 12 June 1990, that there was
a link with the death of Ospina. A statement contained in that file referred
to a man called “Lucho” who several days previously had asked Ruiz Acuila to
protect him and not to denounce him for the death of Ospina. On the basis of
these facts, the Preliminary Investigation Unit ordered working missions
Nos. 0262 and 0263 to begin work immediately.
118. Also on 4 February 1991 a further reply was received from the Government
of Colombia to the Special Rapporteur's cable of 9 November 1990 (see
E/CN.4/l991/36, paras. 116 and 117) containing information on the following
cases:
(a) Jorge Alberto Echeverri Vargas (see para. 117 (a) (ix)): Criminal
proceedings in connection with the homicide of Echeverri were in progress
before Criminal Examining Court No. 48 of Medellin. Evidence was being
gathered in order to determine and identify the perpetrators of the crime. A
number of statements had been taken; the investigation will remain open until
pre—trial proceedings have been completed;
(b) Emiliano Armijo Copete (see para. 117 (a) (ix)): This case is
before Criminal Examining Court No. 54 of Medellin. On 26 September 1990 the
preliminary investigation was suspended and the file was sent to the
Preliminary Investigation Unit of the Technical Corps of the Judicial Police
of Medellin on 29 September. This Unit resumed the investigation, which is
still in progress;
(c) Esteban Palmet Rodriguez (see para. 117 (a) (xiv)): The trial for
the homicide of Palmet was before Criminal Examining Court No. 16. The
Preliminary Investigation Unit of Apartadó reported that the victim was
Director of the Middle School Institute (INEM) of that town. In 1989,
incidents with eleventh—grade pupils had occurred when he told them that he
would not give them their school certificates. The pupils sent notes
E / ON .4/1992/30
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containing threats to Nelson Reyes and Nancy Jaramillo. According to the
versions of some pupils — as yet unconfirmed — Falmet was involved in the
theft and misappropriation of monies not belonging to him, and was apparently
killed by three pupils: Maguin Arias Sáenz Martinez (tenth grade),
José Nelson Minota Garcia (eleventh grade) and Carlos Wilmar Londoi o Diaz (who
completed his studies in 1989); the last—mentioned is reported to have been
part of a gang and was investigated for homicide. The necessary evidence is
being gathered to determine the truth of the facts described and in order to
arrest the alleged perpetrators. There have been no indications so far that
the perpetrators of the crime had any links with State security or police
bodies. The evidence collected seemed to indicate that they were common
criminals motivated by personal reasons;
(d) Ricardo Henry Montenegro Paz (see para. 117 (b) (viii)): The
investigation was being handled by Criminal Examining Court No. 40 of Tarazá.
The National Directorate for Pre—trial Proceedings had requested the legal
officials in the case to activate matters;
(e) Maria Zenaida Garcia Gomez, Luz Elida Duque Garcia, Ramon Evelio Rüa
and Horacio Graciano (see para. 117 (b) (v)): The Second Public Order Court
of Medellin referred the case to the Tribunal in order to determine
competence. The tribunal decided that the authority which should deal with
the case was the Fourth Brigade. The trial was transferred to Military
Criminal Examining Court No. 21 presided by Dr. Armando Trucco;
(f) Julio César Arias Castaño (see para. 117 (a) (ii)): The
investigation was initially conducted by the Technical Corps of the
Judicial Police of Bolivar, Antioquia. In September 1990, the Corps
transmitted the file to Criminal Examining Court No. 63 where a series of
statements were being taken and the use of various means of identifying the
perpetrator or accomplices in the crime had been ordered;
119. On 13 February 1991 a further reply was received from the Government of
Colombia to the Special Rapporteur's cable of 3 December 1990 (see
E/CN.4/l99l/36, paras. 119 and 120), transmitting information on the following
cases:
(a) Germén Antonio Redondo: On 17 January 1991 information was received
that the First Public Order Court of Buga, Valle, after determining that
Redondo had been a trade unionist, bad undertaken an investigation into his
death. It was reported in an official communication of 28 January that
Dr. Gloria de la Pava, who was in charge of the Valle Section Human Rights
Unit, had visited the court in question to see how the criminal proceedings
were progressing. However, she could never have made this visit, since the
court had on that day been transferred to the city of Cali, in accordance with
the provisions of Decrees 2790 of 1990 and 099 of 1991 which had restructured
the court system. The authorities had, in connection with the changes being
made, suspended deadlines and reallocated proceedings that had already been
initiated, which made it difficult to obtain information about the
investigations in question. However, the Government stated that it was
prepared to transmit any communications received concerning this case once the
difficulty mentioned above had been overcome.
E/CN.4/1992/30
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(b) Gloria Amparo Viveros Lucumy: The case had reached the preliminary
investigation stage and was being handled by the Ninth Criminal Examining
Court of Buga. The presiding magistrate had ordered evidence to be collected
to establish the identity or the description of the perpetrators of the crime
or the persons involved in it. A working mission had been arranged for the
same purpose and its findings would be communicated to the Special Rapporteur
as soon as they were received by the Government.
(c) Francisco Antonio Satizabal, Luis Alfoso Ciaskier and Jorge Ocampo:
The bodies were removed by the Sixteenth Criminal Examining Magistrate of
Santander de Quilichao, Cauca. The Valle Human Rights Unit handled the
preliminary investigation on the basis of information supplied by the Office
of the Provincial Procurator of Valle.
120. On 18 June 1991, a reply was received from the Government of Colombia to
the Special Rapporteur ss cable of 21 February 1991 in connection with the case
of Monica Sanchez Arrieta stating that, according to the investigation carried
out by the Office of the Presidential Adviser for Human Rights, the Head of
SIJIN had located the lawyer Mrs. Sanchez Arrieta in the Association of
Employees of the Colombian Industrial Bank and had communicated with her by
telephone. She said that she had not requested any protection, but had only
lodged a complaint, and that the ease was being investigated by DAS. The
Chief of the Supervisory Police of Medellin reported that, following a lengthy
conversation with the lawyer, she had explained that she was not a member of
the Committee for Solidarity with Political Prisoners but that the Committee
sometimes requested her professional services in specific cases.
121. On 16 August 1991, a reply was received from the Government of Colombia
to the Special Rapporteur's cable of 10 May 1991 in connection with the case
of Elkin de Jesi s L Opez Ospina stating that, according to the investigation
carried out by DAS, there was reliable evidence that death threats had indeed
been made. On 24 July 1991, DAS staff had gone to the municipality of Tihu,
but despite their efforts they had been unable to interview the person
allegedly threatened since, according to information supplied by his family,
he was receiving medical treatment elsewhere, at an unspecified location. The
authorities of the town said that they did not know the whereabouts of the
person in question.
122. On 14 November 1991 a further reply was received from the Government of
Colombia to the Special Rapporteur t s cable Of 7 October 1991 concerning
threats received by Eduardo Umaña Mendoza. The reply stated that Umalia Mendoza
had confirmed to the authorities that be had received serious threats by
telephone and that he thought it was dangerous to leave his office. It was
decided, in agreement with Umalia Mendoza, to seek the support of the
investigation and security bodies of the Government of Colombia, and
particularly the National Directorate for Pre—Trial Proceedings and DAS.
Subsequently, the Deputy—Director for Pre—Trial Proceedings went to the office
of Umalia Mendoza and arranged his return home with suitable protection. On
the basis of an agreement between Umafia Mendoza and DAS, he was assigned an
official escort and a special vehicle. This protection will continue so long
as circumstances indicate that it is appropriate and Umafla Mendoza considers
it acceptable. The National Directorate for Pre—Trial Proceedings embarked
upon an investigation of the threats and assigned one of its best detectives
to the task of trying to ascertain their origin.
E/CN.4/1992/30
page 35
2. Other cases transmitted by the Special Rapporteur
123. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Colombia transmitting allegations he had received, according to
which more than 300 people had died between May 1990 and May 1991, victims of
summary or arbitrary executions under the direct or indirect responsibility of
the Colombian authorities. In 57 of the cases, the victims were leaders,
activists and sympathizers of the union Patriótica (UP), a left—wing coalition
opposition group, and the Colombian Communist Party, the two political
organizations reportedly most affected by assaults by the Security Forces,
paramilitary groups and civilian death squads. Some 100 cases concerned
peasants and agricultural workers; seven victims were said to have been
leaders of indigenous communities and four others were trade unionists.
In 16 cases it was alleged that the death of the victims had been a result of
torture. Three of those cases concerned student leaders who were reportedly
killed by members of the Armed Forces in February and April 1991.
Paramilitary groups and civilian death squads, allegedly condoned by the
Colombian authorities, were said to have been the forces responsible for
170 of the killings, while more than 130 executions were attributed to members
of the Armed Forces and the police.
121;. In the same letter, the Special Rapporteur also transmitted to the
Government of Colombia allegations of death threats allegedly received by
10 persons, among them a human rights lawyer, two leading members of the hii&
PatriOtica and an indigenous community leader. The death threats were said to
have been issued by members of the army and paramilitary groups.
125. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Colombia
to provide him with information on the above—mentioned cases and, in
particular, on the progress and results of judicial investigations carried out
by the competent authorities.
Government reply
126. On 18 December 1991, a reply was received from the Government of Colombia
to the Special Rapporteur's letter of 8 November 1991 containing information
on the following cases:
(a) Juan Fernando Porras Martinez: As soon as the disappearance of this
person, on 5 February 1990 in the city of Bucaramanga, Santander department,
was reported, the Office of Special Investigations of the Office of the
Attorney—General of the Nation initiated a preliminary investigation. On
three occasions it ordered task forces to ascertain the whereabouts of
Porras Martinez as well as the reasons for his disappearance and the possible
perpetrators of his detention. One of the task forces that went to
Bucaramanga and San Vicente de Chucuri discovered the body of a man with the
physical features of Porras Martinez on 20 February 1990 in the hamlet of
Agua Dulce of the Llana Fria district ( corregimiento) , part of the
municipality of San Vicente de Chucuri. Although after fingerprinting it was
decided that the body was that of someone else, further analysis of the
evidence showed without doubt that the fingerprints were those of the man who
had been known as Juan Porras Martinez;
EICN.4/l992/30
page 36
(b) Monica Sanchez Arrieta: The measures taken as a result of the death
threats received by the lawyer Sanchez Arrieta were communicated on
30 May 1991. This document confirmed that she did not want the protection
offered by the Government. According to reports from DAS agents, threats
against the lawyer ceased when she gave up the cases she had taken on.
(c) Hernando Pinto Nocua: The information supplied by the
Commander—in—Chief of the Armed Forces on 22 April 1991, reveals the following:
(i) On 3 February 1991 a meeting held at the El Carmen military
base, Santander department, was attended by peasants from the
region and human rights delegates and representatives of the
newspaper Vianguardia Liberal . Pinto Nocua was among those
present;
(ii) According to information obtained from a peasant attending the
meeting, it was established that Pinto Nocua is the brother of
the guerrilla fighter Argemiro Pinto Nocua (alias “Diomedes” or
“el mocho”). To begin with he denied the relationship, but
later, when his father intervened, he admitted the family
connection;
(iii) At no time, according to the version of witnesses, were there
any threats from military base personnel;
(iv) Heniando Pinto Nocua was summoned to the office of the Mayor of
El Carmen Municipality by the Municipal Procurator to make a
statement on what had transpired, but so far he has not
appeared.
(d) Alvaro Mann Araugo: His death is ascribed to SIJUJ members of the
department in question, but the information submitted by relatives and
witnesses does not point to any one person as the possible perpetrator. The
case has reached the stage of pre—trial proceedings;
(e) Alcides Castrillón: The the preliminary investigation into the
homicide of Castrillón has been handled by Criminal Examining Court No. 100 of
Bogota, to which the Office of the Procurator Delegate for the Government
Procurator's office appointed an examining lawyer to act as a special agent of
the Government Procurator's Office in the criminal proceedings. The file is
being processed;
(f) Alfonso Tique Timote: Itinerant Criminal Examining Court No. 8 of
Ibagué is handling the criminal proceedings concerning the homicide of
Tique Timote. The investigation, which was initiated by the Court on
5 March 1991, began with the formal removal of the body by the Superintendent
of the Municipal Police of Coyaima, Tolima department. On 8 March, units of
the Technical Corps of the Judicial Police, supported by the Investigations
Division of the Corps, captured Jaime Morales Andrade and Jairo Azuero
Bonilla, presumed to have been the actual perpetrators of — as well as the
masterminds behind — the homicide, which had apparently taken place o account
of a dispute over land located on the estate owned by the latter. After
questioning the two suspects, the judge ordered them held in pre—tnial
E/cN.4/199 2/30
page 37
detention, but subsequently reversed his decision as regards Jairo Azuero
Bonilla, since there was not sufficient evidence to keep him in detention.
Further information on the progress of the investigation is awaited;
(g) Bar b de Jes(is Vega Rodriguez: This person, who was a member of the
Executive Committee of the Workers ‘ Trade Union of Antioquia department, lost
his life in the course of events that occurred on 4 March 1991, when he was
taking his son to school in the Belencito district in the city of Medellin.
The official removal of the body was effected by the Criminal Examining Court
of Medellin; two persons suspected of perpetrating the crime remained at the
disposition of the Court. They made an unsworn statement on 7 March 1991
denying any involvement in the events. The investigation is continuing;
(h) José Domingo Leguizamo Cortés: The arbitrary detention and alleged
disappearance of this farmer took place on 3 March 1991 when an alleged
military patrol detained him in the afternoon in the village of Alto Morrocoy,
in the municipality of La Macarena, Meta department Proceedings had reached
the preliminary investigation stage, and so far no one has been linked to the
case;
(i) During a military action against alleged members of the
Revolutionary Forces of Colombia (FARe) in the area of the River Pepitas
Canyon, two alleged subversive elements, later identified as Gloria Elsa
Rodriguez and Alf redo Eduardo ilull, were killed. A large quantity of
administrative material and documents corroborating the information that had
given rise to the operations was also captured;
(j) Rodrigo Elias Barrera, Camilo Palacios Romero, Antonio Palacios
Urrea, Blanca Cecilia G6mez and Janeth Palacios: The Military Criminal
Examining Court issued a pre—trial detention order that was enforced against
Sub-Lieutenant Tómas Fnilio Cruz Amaya, Sergeant William Ramirez flora and
Privates Arnulf 0 Aguilar Aya la, John Rivas Gómez, Oscar Gómez Ochoa,
Alvaro Ayala Rodriguez, Florentino Camacho Barón and James Roa Gonzalez. A
special agent of the Office of the Attorney—General of the Nation has taken an
active part in the criminal proceedings. As regards the disciplinary
investigation, the Office of the Attorney—General of the Nation, through its
Delegate for the Defence of ilunian Rights, brought charges against
Sub—Lieutenant Cruz Amaya and Sergeant Ramirez flora on the grounds that they
had commanded the military patrol allegedly responsible for the events in
which the above—mentioned persons lost their lives.
3. AdditionaL infnrmation received by the Special Rapporteur
127. Several human rights organizations drew the attention of the Special
Rapporteur to the continuing alarming trend of extrajudicial killings in
Colombia. During the first six months of 1991, more than 1,100 people were
said to have been killed. Reportedly, persons associated with trade unions,
civic coirnunity movements and legal left—wing parties were the principal
targets. The executions were allegedly perpetrated largely by members of the
Armed Forces and the police and by more than 100 paramilitary groups and
civilian “death squads”, many of them reportedly operating under the command
or with the support of the Colombian Security Forces.
E/CN.4/1992/30
page 38
128. The Special Rapporteur was further informed that those responsible for
human rights abuses operated with impunity. Although in a number of cases
investigations into alleged extrajudicial killings had been opened, it was
reported that they had only exceptionally led to the identification and
prosecution of the perpetrators.
129. The phenomenon of killings by hired assassins paid by drug traffickers
also continued to be reported. This was said to occur particularly in highly
militarized zones where traffickers allegedly counted on military
acquiescence. After the formal surrender of weapons in March 1990 by the
N. 19 Movintiento 19 de AbdJ. , the principal remaining guerrilla forces,
Fuerzas Armacla& Revolucionarias ile _ Colombia (FARC) and the Ejército de
Liberación Nacional (ELN), reportedly maintained their campaigns of armed
opposition. Peace negotiations in June/July and September 1991 were
reportedly followed by renewed guerrilla offensives resulting in a
considerable number of casualties among members of the army and the police as
well as many civilian deaths. On the other hand, the local civilian
population was reportedly often perceived by the armed forces as potential
guerrilla collaborators. This was said to have entailed the killing of
numerous civilians during counter—insurgency operations.
130. On 20 December 1991, information was received to the effect that on
16 December 1991, 20 indigenous inhabitants including six women and five
children, from the Huellas reserve, Caloto municipality, Cauca department had
been massacred. Their names were: Carolina Tombé, Ofelia Tombé, Joselia
Tombé, Adén Mestizo, Mariana Mestizo, Feliciano Otela, Mario Tilcué,
Calistro Chilhueso, Mario Ijlcué, Julio Dagua, Domingo Calis, Floresmiro Dicué,
Maria Conda, Etiberio Dicué Corpus, Maria Jes as Buetia, José Jairo Secué,
Dario Coicué, Jesás Albeiro Pete, Edgar Nestizo and Severino Dicué.
131. In July 1991 the Regional Indigenous Council of Cauca (CRIC) had
complained to the Office of the Regional Procurator and the Office of the
Mayor of Caloto of cases of intimidation, threats and violent acts against the
indigenous community of Caloto, but officials made no attempt to protect the
community and prevent the massacre. On 7 December 1991, before the massacre,
a group of heavily armed civilians, accompanied by the lawyer
Gilberto Márquez, bad set fire to the huts and destroyed the crops of the
community. On the day of the massacre, the dwellings that the community was
building, along with their household effects and domestic animals, were once
again destroyed.
132. The indigenous community had been settled for over four years on the
“El Nib” estate of Caloto municipality with the agreement of its owner who
recently sold the estate to persons who are said to be involved in drug
trafficking and who are represented by the lawyer Mr. Mérquez.
Cub a
1. Appeal for urgent action
133. On 4 October 1991, the Special Rapporteur sent a cable to the Government
of Cuba concerning information that the lives and physical integrity of
Eriberto del Toro Argote and Miriam Zaragoza Perez were in danger. According
E/CN.4/1992/30
page 39
to the information, Mr. del Toro Argote, a human rights activist, had recently
received telephone threats in the middle of the night and, according to the
report, had been insulted and threatened with death because of his activities
in connection with the Cuban Committee for Human Rights (CCPDH). It was also
reported that Mrs. Zaragoza Perez, a human rights activist belonging to the
same group, had been similarly threatened. The Special Rapporteur appealed to
the Government to take all measures at its disposal to protect the lives and
physical integrity of Mr. Toro Argote and Mrs. Zaragoza Perez.
134. At the time this report was prepared, no reply had been received from the
Government of Cuba.
2. Other cases transmitted by the Special Rapporteiir
135. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Cuba transmitting information be had received concerning alleged
summary or arbitrary executions. Between February and July 1991, at least
ten people were said to have died in different prisons throughout the country,
including Combinado del Este, Bayamo, El Guayabo and Guanajay: nine of them
had allegedly died as a consequence of torture and ill—treatment by prison
guards; in three cases, this reportedly took place in the context of mutinies
in which the prisoners protested against the bad conditions under which they
were being detained; one man was reported to have been shot dead after having
tried to escape. A further case of death as a result of torture was said to
have occurred in January 1990, when one man was allegedly killed by border
guards (Tropas Guardafronteras) in Guanténamo.
136. In the same letter, the Special Rapporteur also transmitted to the
Government of Cuba information he had received concerning the killings,
allegedly perpetrated by members of the armed forces and the police, of
eight persons. En particular, the Special Rapporteur was informed of the
following incidents:
(a) In September 1990, a human rights activist was reportedly shot dead
in Havana by a police officer who was later brought to trial. It was alleged,
however, that the proceedings fell far short of the minimum international
standards for a fair trial;
(b) In July 1991, a militant of the Communist Party and delegate of the
Upoder Popular” Committee was allegedly shot at El Corajal by a soldier of the
Cuban Army when he did not hear an order to stop while driving his tractor.
He is said to have died three days later;
(c) In June 1991, a police officer reportedly killed a student in
Holguin. It was alleged that the authorities did not react upon a
denunciation of the case made by the victim's relatives, who were also denied
a meeting with the Attorney General of the Ministry of the Interior;
(d) In the same town, five other men were killed between September 1990
and July 1991. One of them was reportedly killed by a soldier of the Special
Brigade of the Army, three were said to have been shot dead by police agents,
and a 17—year--old allegedly died as a consequence of brutal beating
E/ CN. It / 1992 / 30
page 40
administered by police officials. In several cases, those responsible could
be identified, but reportedly no judicial action was taken against them by the
authorities.
137. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Cuba to
provide him with information on the above-mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
Dominic&n Republic
1. AppeaLs _ tor sLrgent actLon
138. During 1991, no appeals for urgent action were sent by the Special
Rapporteur.
2. Other cas es transmitted hy the Special Rapporteur
139. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of the Dominican Republic transmitting the case of alleged death in
custody, reportedly resulting from torture, of a Haitian national at a police
station in Andrés Boca Chica in April 1991. The Special Rapporteur, referring
to the pertinent international human rights instruments listed in the annex,
requested the Government of the Dominican Republic to provide him with
information on the above—mentioned case, and, in particular, on the progress
and results of judicial investigations carried out by the competent
authorities.
Ecuador
1. Appeals for urgemt action
140. On 9 October 1991, the Special Rapporteur sent a cable to the Government
of Ecuador in connection with information received that the lives and physical
integrity of the members of the Francisco Jácome cooperative of Guayaquil were
in danger. According to the complaint, on 14 July 1991, 15 members of the
Quinto Guayas battalion had entered the agricultural area belonging to this
cooperative; a corporal called Guerrero had reportedly threatened the members
of the cooperative and said that he would plant a bomb in their sown fields
and leave another one hidden. Prior to these events, in January 1991, a half
buried bomb had exploded in the fields and seriously injured the young
Armando Flora, blinding him and mutilating his limbs; he has not received any
compensation for these injuries. In this regard the Special Rapporteur
referred to paragraph 4 of the Principles on the Effective Prevention and
Investigation of Extra—legal, Arbitrary and Summary Executions, the principles
set out in the Universal Declaration of Human Rights and article 6 of the
International Covenant on Civil and Political Rights. The Special Rapporteur
requested the Government to take all measures at its disposal to protect the
lives and physical integrity of the persons referred to above. He also
requested information on those measures and on the investigations carried out
by the authorities in these cases.
E/CN. /t/1992/30
page 41
Government reply
141. on 15 November 1991 a reply was received from the Government of Equador
to the Special Rapporteur's cable of 9 October 1991 stating that it had been
established that the leaders of the Francisco Jácome cooperative of Guayaqui l
had for the past two years been concocting a series of complaints of all kinds
concerning the commanders and subordinate personnel of the Quinto Guayas
battalion, accusing them of attempts on the lives of the members of the
cooperative, of appropriating their land and other acts of a similar nature.
It had been determined that the leaders of the cooperative used these
complaints to bring pressure to bear on the National Army so as to get hold of
land to which the army had title. It should also be mentioned that the
cooperative had applied to the Court of Constitutional Guarantees, which was
handling the charges against the Ministry of National Defence and members of
the Quinto Guayas battalion. In the course of the proceedings, the Ministry
of Defence had asked the Court of Constitutional Guarantees to appoint a
commission to visit the area in question in order to ascertain whether or not
the complaints were founded.
Egypt
1. Appeals for urgent action
142. During 1991, no appeals for urgent action were sent by the Special
Rapporteur.
2. Otkar cases _ transmitted by _ the Special Rapporteur
143. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Egypt transmitting four cases of alleged summary or arbitrary
executions. One case concerned death of a Christian prisoner as a result of
torture allegedly administered by prison authorities because of his faith.
According to reports received, in late February 1991, police allegedly killed
one student and injured many while attacking students taking part in a
peaceful demonstration at Cairo University. The Special Rapporteur received
information concerning two prisoners of conscience and sympathizers of Islamic
groups detained in Cairo between 19 February and 2. March 1991, by state
security officers under state of emergency legislation; it was also reported
that both prisoners bad been subjected to persistent and savage torture. They
had not been presented to any judicial body and allegedly received death
threats by the State security intelligence.
144. The Special Rapporteur, referring to the pertinent international human
rights ins trtunents listed in the annex, requested the Government of Egypt to
provide him with information on the above—mentioned cases, and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
E/CN.4/1992/30
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El Salvador
1. Appeals for urgent action
145. On 14 May 1991, the Special Rapporteur sent a cable to the Government of
El Salvador stating that death threats had reportedly been received by members
of the leadership of the Comité de Familiares Pro—Libertad de Presos y
Desaparecidos Politicos de El Salvador ‘Marianella Garcia Villas' (CODEFAX'I),
Armando Salazar, Chairman, Guadalupe Mejia, Vice—Chairman, Fidelina Alvarenga,
Margarita Alemén, Cristina Cardoza and Mauricio Martinez. According to the
information received, on Sunday 12 May 1991, members of the Committee who were
in the office received an anonymous telephone call from a man who identified
himself as “Angel of Death”: he mentioned the names of the six members of the
leadership and said: “We know where you are”. It was also reported that four
members of the leadership had previously been detained: Mrs. Alvarenga, in
January 1989; Mr. Martinez, in January and July 1989; Mrs. Alenán, in
April 1989; Mr. Salazar was missing for some time a number of years ago.
Against this background, and in view of the seriousness of the message, they
fear for their lives and safety.
146. In connection with the above, the Special Rapporteur wished to point out
that governments had a responsibility to prohibit by law all extra—legal,
summary or arbitrary executions, and to ensure that such executions do not
take place. It was also the responsibility of governments to guarantee
effective protection through judicial or other means to any individual who may
be a victim of such an execution, including those who have received death
threats. He referred to paragraph 4 of the Principles on the effective
Prevention and Investigation of Extra—legal, Arbitrary and Summary Executions,
to the principles embodied in the Universal Declaration of Human Rights and to
article 6 of the International Covenant on Civil and Political Rights. The
Special Rapporteur appealed to the Government to take all measures at its
disposal to protect the life and physical integrity of the above—mentioned
persons and requested information on those measures as well as on the
investigation carried out by the authorities in those cases.
147. On 24 July 1991 the Special Rapporteur sent a cable to the Government of
El Salvador concerning information that on 15 July 1991 the Lutheran Bishop of
El Salvador, Medardo Gomez, who is also President of the International
Association Against Torture (IAAT), a non—governmental organization in
consultative status with the Economic and Social Council, had allegedly
received death threats from a body calling itself the Anti—communist Front of
El Salvador (FAS), which reportedly warned him that it would unleash a bloody
civil war against those who were trying to achieve the success of the peace
negotiations being conducted in El Salvador. The Special Rapporteur referred
to paragraph 4 of the Principles on the Effective Prevention and Investigation
of Extra—legal, Arbitrary and Summary Executions, the Principles contained in
the Universal Declaration of Human Rights and article 6 of the International
Covenant on Civil and Political Rights. The Special Rapporteur requested the
Government to take all measures at its disposal to protect the lives and
physical integrity of the persons mentioned above. He also requested
information on those measures and on the investigations carried out by the
authorities in these cases.
E/CN.L ./l992/30
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148. On 31 July l9S L, the Special Rapporteur sent a cable to the Government of
El Salvador in connection with information that members of the “Norma Virginia
Guirola de Herrera” Institute for Women's Research, Training and Development
(IMU) and the National Revolutionary Movement (MNR) had allegedly been
subjected to harassment and death threats. According to the information
communicated, the offices of IMU bad been kept under permanent surveillance
since the beginning of June 1991 by men in civilian clothes, and a person
employed by the Institute had been followed by two vehicles. Two threatening
telephone calls had allegedly been received by the office; in one of them,
Nora Garcia, the director of 1MU, had reportedly been warned to leave her job
within 25 days or be executed; the calls had been made by a group calling
itself Condor.
149. According to another complaint, René Flores, a deputy of the Legislative
Assembly for a Democratic Grouping and Secretary—General of the National
Revolutionary Movement (MNR) reportedly received anonymous letters in a
Treasury Police envelope, threatening him and all his family with death, after
he had criticized the present Government on a television programme. Other MNR
leaders have allegedly received death threats by telephone from a person who
calls himself the “Angel of Death”.
150. In the cases described above, the complaints indicated that the threats
came from death squads whose members were connected with military groups. The
Special Rapporteur referred to paragraph 4 of the Principles on the Effective
Prevention and Investigation of Extra—legal, Arbitrary and Summary Executions,
according to which “Effective protection through judicial or other means shall
be guaranteed to individuals and groups who are in danger of extra—legal,
arbitrary or summary executions, including those who receive death threats”,
and the principles contained in the Universal Declaration of Human Rights and
the International Covenant on Civil and Political Rights, which provide, in
articles 3 and 6 respectively, that everyone has the right to life and
security of person, that this right shall be protected by law and that no one
shall be arbitrarily deprived of his life. The Special Rapporteur requested
the Government to take all measures at its disposal to protect the lives and
physical integrity of the persons mentioned above. He also requested
information on those measures and the investigations carried out by the
authorities in these cases.
151. On 31 July 1991, the Special Rapporteur sent a cable to the Government of
El Salvador concerning information that United Nations staff members as well
as some groups and individuals who had cooperated with the United Nations or
with representatives of its human rights bodies, or who had taken advantage of
procedures introduced for the protection of human rights and fundamental
freedoms, had received death threats. In May 1991, members of the Committee
of Relatives for the Freedom of Political Prisoners and Disappeared of
El Salvador (CODEFAN) had received death threats from a person who identified
himself as the “Angel of Death”, and who is believed to be connected with the
death squads which apparently operate with the acquiescence of the armed
forces (see para. hi s).
152. Early in June, all Salvadorian tradesmen who provided services to
international organizations active in El Salvador, including the
United Nations, the International Committee of the Red Cross and
E/CN.4/ 1992/30
page 44
non—governmental organizations, such as the French Médecins sans Frontières,
had received threats of reprisals in the form of printed material signed by a
so—called Anti—communist Salvadorian Front (FAS) if they did not cease
collaborating with organizations having communist connections that were
attempting to take power in the country. In July 1991, FAS had also
threatened the staff of the United Nations Observer Mission in El Salvador
(ONUSAL). According to the report, FAS is also a group which, it is believed,
operates with the acquiescence of the armed forces against persons or
organizations whose activities are considered by certain authorities as
encouraging a policy of armed opposition.
153. In this connection the Special Rapporteur referred to paragraph 4 of the
principles on the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions, and to the principles contained in article 3
of the Universal Declaration of Human Rights and article 6 of the
International Covenant on Civil and Political Rights. Furthermore, in view of
the fact that the persons in question belonged to the United Nations or to
organizations which collaborate regularly in United Nations procedures for the
protection of human rights, the Special Rapporteur referred to
resolution 1991170, adopted by the Commission on Human Rights on 6 March 1991,
in which the Commission urged Governments “to refrain from all acts of
intimidation or reprisal, in any form, against private individuals and groups
who seek to cooperate with the United Nations and representatives of its human
rights bodies, or who have sought to avail themselves of the procedures
established under United Nations auspices for the protection of human rights
and fundamental freedoms”.
154. In the circumstances, the Special Rapporteur appealed to the Government
to take all measures at its disposal to protect the lives and physical
integrity of the persons mentioned above. He also requested information on
those measures as well as on the investigations carried out by the authorities
in these cases.
155. On 14 October 1991, the Special Rapporteur sent a cable to the Government
of El Salvador concerning information that Mirtala López and other human
rights activists had been harassed and had received threats against their
lives and physical integrity. According to the information, Mrs. Lopez, a
member of the Christian Committee for the Displaced of El Salvador (CRI PDES),
had allegedly received a number of death threats; Mrs. Lopez also played an
active part in the Standing Committee for National Debate (CPDN), a coalition
of community and church organizations which had, in recent weeks, allegedly
been accused on numerous occasions by the Ministry of Defence of being a cover
for the Farabundo Marti National Liberation Front (ElaN). Mrs. Lopez had
already been arrested in April 1989 following a raid by the police on the
CRIPDES offices. According to her statement, she and seven other CRIPDES
workers had been tortured while they were in the hands of the police and
subsequently released without charges.
156. According to the information, the commander of a local military brigade
of Chalatenango had threatened to arrest her on 3 September 1991 during a
visit by CR IPDES workers to the repopulated communities in the area. On
7 September, she was followed through the streets of San Salvador by a vehicle
with tinted windows. It was also stated that on 12 September 1991 a letter
E ICN.4/1992/30
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from the self—styled Anti—communist Salvadorian Front (FAS) arrived at the
offices of CRIEDES addressed to ‘ tm Terrorist leader Mirtala Lopez, cover
organization CRIPDES”. The letter included the following:
“Just as we eliminated the UCA Jesuits, we are firmly resolved to put an
end to the lives of those who say they are the leaders of the
Machiavellian FMLN—FDLt organizations... Your youth isJ.n great danger.
Your end is nigh. ” (The underlining is in the original.)
Less than a week later, on 18 September 1991, Mrs. Lopez maintains that
she received a second letter from FAS, addressed to the terrorist
Mirtala LOpez, which read, later alia :
0 We are going to behead the terrorist leaders ... The time for justice is
at hand. Your youth ends _ today.s* (The underlining is in the original.)
157. The Special Rapporteur, referring to his communication of 13 July 1991,
had already said that, according to reports, FAS had allegedly distributed
pamphlets threatening members of opposition groups and that various popular
organizations maintained that their staff had received death threats by
telephone. According to the information, some of those who received threats
of this type had been executed extra—legally. The Special Rapporteur referred
to paragraph 4 of the Principles on the Effective Prevention and Investigation
of Extra—legal, Arbitrary and Summary Executions, and to the principles
contained in article 3 of the Universal Declaration of Human Rights and
article 6 of the International Covenant on Civil and Political Rights. Since
the persons mentioned collaborated regularly in United Nations procedures for
the protection of human rights, the Special Rapporteur also referred to
resolution 1991/70, adopted by the Commission on Human Rights on 6 March 1991.
158. The Special Rapporteur requested the Government to take all measures at
its disposal to protect the lives and physical integrity of the persons
mentioned above. He also requested information on those measures and on the
investigations carried out by the authorities in these cases.
overnment repl ies
159. On 16 January 1991, a communication was received from the Government of
El Salvador transmitting a communiqué issued by the Foreign Minister
denouncing the murder of two United States military personnel, private
Ernest Dawson and Lt. Col. David Fickett, after their helicopter had been shot
down over Lolotique in San Miguel Department on 2 January 1991.
160. On 29 January 1991, a communication was received from the Government of
El Salvador transmitting a communiqué issued by the Armed Forces denouncing
the massacre of 15 members of the Aragón family by the FMLN in Ayutuxtepeque
on 21 January 1991.
161. On 14 February 1991, another communication was received from the
Government of El Salvador transmitting a statement made by the Minister of
Defence and Public Security of El Salvador concerning the murder of
Vilma Chavez, a teacher from La Libertad in Colon Department, on
22 October 1991.
E/CN.4/1992/30
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162. On 19 February 1991, another communication was received from the
Government of El Salvador transmitting a press release by the Armed Forces of
El Salvador denouncing the murder of Mr. José Valeriano Ramirez by the FIlL?! in
Cacaopera, Morazén Department, on 9 December 1990. The mother of the deceased
did not wish any investigation to be carried out and no further information in
the crime could be elucidated.
163. On 27 Flay 1991, another communication was received from the Government of
El Salvador transmitting a note from the Armed Forces of El Salvador
emphatically denouncing a campaign of threats made by the F'TILN against mayors
and judges mostly in the Department of Usulutin who had been elected by the
Salvadorian people.
164. On 24 June 1991, another communication was received from the Government
of El Salvador transmitting a communiqué issued by the Armed Forces denouncing
the murder of Carlos Lopez Aviles, an army captain, by the FMLN in
San Salvador on 17 June 1991.
165. On 8 August 1991, another communication was received from the Government
of El Salvador transmitting a communiqué isáued by the Armed Forces denouncing
the murder of Isaac Martinez Garcla, a member of parliament from Santa Ma
Department who belonged to the Convergencia Democrética Party, on
13 May 1991. Subsequent investigation had led to the capture of those
responsible, namely, common criminals and, thus, any suspicion against the
army was unfounded.
166. On 6 December 1991, another communication was received from the
Government of El Salvador transmitting information concerning the death of
Isaac Martinez Garcia, a member of parliament who belonged to the Convergencia
Democrática Party. The Human Rights Commission of El Salvador (CDRES) stated
that Antonia Villatoro and José Alpedo Alarcén, the wife and stepson of the
deceased had confessed to his murder.
2. Qtker cases transmitted by the Special Rapporteur
167. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of El Salvador transmitting allegations of summary or arbitrary
executions and death threats. Over 100 cases of killings, allegedly
attributable, directly or indirectly, to the Government Security Forces, were
reported to have occurred between February 1990 and June 1991, 60 of them
during the first six months of 1991. Forty—five killings were said to have
been carried out by paramilitary groups, death squads allegedly linked to, or
acting with the aquiescence of, the military and the police, and by civil
defence groups organized and directed by the Army which also provides them
with arms.
168. One of the victims, reportedly killed, together with his wife, by a death
squad on 21 February 1991, had been a candidate of the Union Democrática
Nacional (UDN, National Democratic Union), for the elections of 10 March 1991
in the municipality of Ciudad Delgado. Also killed in another incident
allegedly related to these elections on 11 February 1991, was a 19—year—old
member of the opposition Convergencia Democrática (CD), Democratic Convergence
party, nephew of a CD candidate for local elections in Metapán. Among the
E/CN.4/l992/30
page 47
victims of the other reported incidents, there were a large number of
peasants, trade unionists, students and members of the FMLN, who were
allegedly unarmed at the time of their execution.
169. Twelve cases of intimidation through death threats were reported to the
Special Rapporteur; all of them were said to have occurred during the first
half of 1991: in three of these cases, the death threats, allegedly issued by
members of the army and related groups, were directed against candidates for
the elections and a judge who was investigating allegations of forced
recruitments into Civil Defence Forces. On 12 May 1991, seven leading members
of the CODEFAN reportedly received death threats.
170. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of
El Salvador to provide him with information on the above—mentioned cases and,
in particular, on the progress and results of judicial investigations carried
out by the competent authorities.
3. Additional information received by the Special Rapporteur
171. The Special Rapporteur was informed that the human rights situation in
El Salvador continues to be precarious despite the agreement signed by
representatives of the Government and of the Frente Farabundo Marti para la
Liberación Nacional (FMLN), in San José, Costa Rica, in July 1990. After some
signs of attenuation of the armed conflict in El Salvador during the second
half of 1990, a large—scale guerrilla offensive was reported to have been
launched in late 1990, which led to an increase of casualties of combatants of
both sides and, in particular, of civilians affected by indiscriminate attacks
by both the armed forces and the FMJJJ.
172. The Special Rapporteur was further informed that death squad killings,
whose number had declined during the last six months of 1990 in the same way
as killings attributed to the armed and security forces, began to rise again
in early 1991 , An upsurge of political violence and killings was reported
prior to the legislative and municipal elections of 10 March 1991.
173. The Special Rapporteur had also received information about a wave of
death threats against members of popular organizations, political groups and
foreign workers during the months of May and June 1991. In particular, it was
alleged that death threats were issued against persons in respect of their
possible future cooperation and contacts with the United Nations Observer
Mission in El Salvador (ONUSAL). Other groups whose members were said to have
been subjected to threats and intimidation are: the Christian Committee for
the Displaced of El Salvador (CRIPDES), the Conwnittee of Relatives for the
Freedom of Political Prisoners and Disappeared of El Salvador (CODEFAN) and
the non—governmental Human Rights Commission of El Salvador (ORES).
174. The Special Rapporteur received further information that members of the
official security forces, in particular the military, were responsible for a
large number of human rights violations. It was also alleged that executions
and death threats were not only carried out openly by government security
forces, but could often be attributed to paramilitary groups and “death
squads” linked to, or operating with, the aquiescence of the military.
E/ CN .4/1992/30
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According to reports, numerous human rights violations continued to be
perpetrated by the fl'ILM and other groups, in particular the Salvadorean
Anticommunist Front (FAS). The Special Rapporteur noted that the judicial
system in El Salvador continued to be incapable of providing justice 1
allegedly even in those major human rights cases that had received
international attention. In particular, the Salvadorean Armed Forces were
said to enjoy impunity. However, the recent conviction of a colonel and a
lieutenant held responsible for the murder of six Jesuit priests in
November 1989 was an exception, although it appeared necessary that judicial
investigations continue in order to bring to justice all those who might have
participated in that crime.
hiopia
1. Appeals for urgent action
175. On 14 May 1991, the Special Rapporteur sent a cable to the Government of
Ethiopia concerning the detention of persons in danger of reprisals in
connection with the situation of ongoing violence involving government forces
and the Eritrean People's Liberation Front (EPLF) and the Ethiopian People's
Revolutionary Democratic Front (EPRDF). According to information received, a
large number of civilians had been detained without charge by the Government
on suspicion of sympathizing with the rebels. Fear had been expressed that
these detainees would be subject to summary execution in the event of rebel
forces making further advances in their campaign. A number of executions had
allegedly already occurred in this context, in part in response to human
rights abuses perpetrated by EPLF and EPRDF. Such abuses were said to have
included the assassination of alleged collaborators with government security
forces and the detention of captured government officials.
176. In this connection, the Special Rapporteur emphasized the fundamental
principles set forth in the Universal Declaratioii of Human Rights and in the
International Covenant on Civil and Political Rights which, in articles 3
and 6 respectively, provide that every individual has the right to life and
security of the person, that this right shall be protected by law and that no
one shall be arbitrarily deprived of his or her life.
177. At the time of preparation of the present report, no reply had been
received from the Government of Ethiopia.
2. Other cases transmitte I by the Special Lapporteur
178. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Ethiopia transmitting information he had received concerning the
death of 18 people in January 1991, allegedly killed by government agents for
being suspected of sympathizing with the armed opposition group, EPLF. These
executions reportedly took place in the broader context of a campaign directed
against all those alleged to support this separatist movement. In the same
letter, the Special Rapporteur communicated to the Government of Ethiopia
information regarding an incident in which eight people were killed during a
demonstration against the new Government, reportedly by members of EPRDF, a
group that had taken power in May 1991.
E / ON .4 / 1992 / 30
page 49
179. The Special Rapporteur also transmitted further allegations, concerning
the alleged extrajudicial execution in Addis Ababa, at the end of May 1991, of
a former official of the overthrown government by members of EPRDF, in power
since May 1991. The Special Rapporteur was also informed that 40 inmates of
Alatu prison, 20 inns north—east of Addis Ababa, had reportedly been
extrajudicially executed in April 1990.
180. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Ethiopia
to provide him with information on the above—mentioned cases and, in
particular, on the progress and results of judicial investigations carried out
by the competent authorities. In addition, he recalled those minimum
humanitarian standards which were applicable in all situations, including
situations of internal violence, disturbance and tension and which could not
be derogated from under any circumstances, that every child had the right to
the measures of protection required by his or her condition as a minor and
that all efforts be made not to allow persons below the age of 18 to take part
in acts of violence. The Special Rapporteur appealed to the Government to
•provide him with information concerning any measures undertaken to safeguard,
to the greatest extent possible, the lives and physical integrity of those
persons affected by the above—mentioned violence.
1. Appeals thr urgent action
181. During 1991, no appeals for urgent action were sent by the Special
Rapporteur.
2. Other cases transmitte&by the Special Rapporteur
182. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Greece transmitting information received, according to which a
Turkish citizen had died on 29 January 1991 at Flat hospital, allegedly after
having been tortured at Athens Police Headquarters. The victim had reportedly
been arrested on 21 January 1991 by agents of the Narcotics Branch of the
Athens police.
183. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Greece to
provide him with information on the above-mentioned case and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
Government reply
184. On 3 December 1991, a reply was received from the Government of Greece to
the Special Rapporteur's letter of 8 November 1991 stating that the cases
concerning Yalcin flalit and Suleiman Akyar appeared to be connected, as both
were drug traffickers who knew each other and worked in association. With
reference to Yalcin flalit, no ill—treatment whatsoever was ever reported to
the police; during interrogation under oath, on 5 February 1991, he never
complained of having being tortured. With reference to Suleiman Akyar, who
had been arrested by the Narcotics Branch of Western Attica for drug
E/CN.4/1992/30
page 50
trafficking, be suddenly fell ill while in custody on 21 January 1991 and lost
consciousness; he was taken to hospital in ICifissia where he died on
29 January 1991. The coroners, established that his death had occurred as a
result of pneumonia.
Grenada
1. Appe , s for urgent action
185. On 29 July 1991, the Special Rapporteur sent a cable to the Government of
Grenada concerning the imminent execution of the following persons:
Callistus Bernard, Dave Bartholomew, Christopher Stroude, Bernard Coard, Leon
Cornwall, Colville McBarnette, Phyllis Coard, John Ventour, Lester Redhead,
Hudson Austin, Liam James, Ewart Layne, Selwyn Strachan and Cecil Prime.
According to information received, on 19 October 1983, Prime Minister Maurice
Bishop and others, including government ministers and trade union leaders,
were killed by members of the armed forces during a coup allegedly organized
by a left—wing faction of the New Jewel Movement (NJM). The People tm s
Revolutionary Government (PRG) was dissolved and the Revolutionary Military
Council briefly assumed control. It was overthrown after troops from the
United States, assisted by forces from other Caribbean countries, invaded
Grenada on 25 October 1983. Those suspected of involvement in the killings
were eventually charged with murder and brought to trial.
186. According to information received, international standards for fair trial
were allegedly not met at all of the critical phases: in the pretrial period
and during the proceedings themselves, the defendants were denied the right to
appeal to a higher tribunal. It was also alleged that those suspected of
being involved in the killings were detained for several months without charge
and that some of the accused had signed confessions obtained as a result of
ill—treatment during interrogation by the police. The conditions of
incarceration of those involved in the case may have failed to meet minimum
international standards. The defendants were denied adequate legal assistance
both before and after they were charged. In addition, the jury may not have
been wholly impartial towards the defendants, as evidenced by the fact that
certain members of the jury cheered when the judge informed the defence
lawyers that they were liable to be cited for contempt of court during
preliminary proceedings.
187. In this connection, the Special Rapporteur reminded the Government of the
fundamental principles embodied in the Universal Declaration of Human Rights
and reiterated in the international Covenant on Civil and Political Rights and
in the Declaration and the Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment. He also referred to the Safeguards
guaranteeing the protection of the rights of those facing the death penalty,
approved by the Economic and Social Council in its resolution of 25 May 1984,
as well as to Council resolution 1989/64 of 24 May 1989, in which the Council
approved the implementation of those Safeguards. The Special Rapporteur
requested information in connection with measures taken by the competent
authorities to ensure that the right to life of the above—listed persons was
respected.
188. At the time of preparation of the present report, no reply had been
received from the Government of Grenada.
EIcN.4/l992/30
page 51
Guatemala
I. Appeals for urgent action
189. On 21 February 1991, the Special Rapporteur sent a cable to the
Government of Guatemala concerning Mario Salazar and Julio Lopez, two
educators who work for Casa Alianza (Covenant House), an organization that
looks after street children in Guatemala, and who were allegedly threatened
with firearms by police in plain clothes. According to the report, on
26 January 1991, at about 11 a.m., both educators were helping a group of
children in Guatemala City when they were approached by two individuals in
civilian clothes who pointed their weapons at the heads of Mr. Lopez and of
the boy José Luis Gonzalez, and took the two educators to the national police
headquarters, where the children saw them enter. According to Mr. Salazar and
Mr. Lopez, both were interrogated and verbally insulted by members of the
police, who, after accusing them of creating problems, tried to make them sign
a statement claiming that their detention had been an error. In connection
with this occurrence, the victims apparently made a report complaining of
abuse of authority and abduction in which they expressed concern at this
incident, especially as there had previously been other serious occurrences
affecting members of their organization, such as the abduction and death of
Rene Geovanny Soto Garcia in October 1989, and the recent death threats
addressed to the Director of Casa A lianza , Bruce Harris.
190. In this connection, the Special Rapporteur appealed to the Government to
take all necessary steps for the investigation and elucidation of the threats
to the persons mentioned and for the protection of the right to life of the
members of Case Alianza and of other educators of homeless children, as also
of the children themselves, a particularly vulnerable group requiring greater
protection. He also requested information regarding the outcome of the
investigations and the protective measures taken.
191. On 15 March 1991, a cable was sent to the Government of Guatemala
concerning six peasants residing in the Canton of Chunima, Chichicastenango,
El Quiche, who had been threatened with death by civilian patrollers attached
to the army who, apparently, were also controlling the access routes to the
locality. It appeared that, in February, two patrollers executed two peasants
and left a third wounded in the Canton of Chupol, El Quiche. The names of the
persons threatened were said to be; Diego Perebal, Sebastian Perebal Suy,
Sebastian Suy Coc, Tomas Perez Suy, José Velazquez Morales and
Sebastian Morales.
192. In this connection, the Special Rapporteur, referring to the fundamental
principle set forth in article 6 of the International Covenant on Civil and
Political Rights, that every human being has the inherent right to life and
that that right is to be protected by law, appealed to the Government to make
every effort to protect the above—mentioned persons and requested information
on the measures taken by the Government in this regard.
193. On I May 1991, the Special Rapporteur sent another cable to the
Government of Guatemala, concerning death threats directed against the
following persons:
E/CN.4/1992/30
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(a) Alejandro Vázquez Cua. On 14 April 1991, Mr. Vázquez had allegedly
been threatened with death in the village of Xepac, Tecpan, Chiirialtenango by
an army officer who, in the presence of a group of 45 soldiers, forced him to
come out of his house and kneel down in front of him or to suffer the
consquences; Mr Vázquez's family was accused by the soldiers of collaborating
with the guerrillas;
(b) Simón Lopez Escriba. On 4 April 1991 he was reportedly severely
beaten and threatened with death by an army specialist, Luis All redo
Godoy Lerona, of the Presidential staff, when walking in the street in
Quezada, Jutiapa;
(c) Byron Morales. On 12 April 1991, in Guatemala City, Mr. Morales,
General Secretary of the Trade Union of Guatemalan Workers (UNSITRAGUA),
allegedly received death threats by telephone from persons suspected of
belonging to government security forces.
19k. In this connection, the Special Rapporteur referred to paragraph 4 of the
Principles on the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions, adopted by the Economic and Social Council
in resolution 1989/65 of 24 May 1989, to the principles embodied in the
Universal Declaration of Unman Rights and to article 6 of the International
Covenant on Civil and Political Rights. The Special Rapporteur appealed to
the Government to take all measures at its disposal to protect the life and
physical integrity of the above—mentioned persons. In addition, he requested
information on those measures, as well as on the investigations carried out by
the authorities in these cases.
195. On 10 May 1991, another cable was sent to the Government of Guatemala
concerning Mr. Amilcar Méndez Urizar, leader of the “Runujel Junam” Ethnic
Communities Council (CERJ) who allegedly received death threats on
15 April 1991, at Ca lzada Roosevelt, Zona 11, Guatemala City, from four armed
men who were suspected of belonging to government forces; they tried to detain
him, but be managed to escape when several local residents intervened. This
act is particularly disturbing because another member of the same
organization, Camilo Ajqui Simon, 26 years of age, is said to have been
murdered on 14 April 1991 in Potrero Viejo, Zacualpa, El Quiche, by agents
suspected of belonging to the security forces. Mr. Ajqui Jimón was reportedly
pressing for an investigation into the recent disappearance of four other
members of the organization.
196. In this connection, the Special Rapporteur referred to paragraph 4 of the
Principles on the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions, to the principles embodied in the Universal
Declaration of Human Rights and to article 6 of the International Covenant on
Civil and Political Rights. Furthermore, considering that the above—mentioned
persons belonged to an organization which regularly cooperates with the
United Nations in the protection of human rights, the Special Rapporteur
referred to Commission on Human Rights resolution 1991/70 of 6 March 1991.
In which, the Commission urged governments to refrain from all acts of
intimidation or reprisal against private individuals and groups who seek to
cooperate with the United Nations and representatives of its human rights
bodies. The Special Rapporteur appealed to the Government to take all
E/CN.4/l992/30
page 53
measures at its disposal to protect the life and physical integrity of the
above—mentioned persons and in addition requested information on these
measures as well as on the investigation carried out by the authorities in
these cases. The Special Rapporteur also appealed to the Government to take
the necessary steps to protect the life of Mr. Méndez Urizar and requested
information on these measures and on the investigations conducted by the
authorities in this case.
197. On 13 May 1991, another urgent message was sent to the Government of
Guatemala concerning Axel MejIa, a teacher at Casa Alianza in Guatemala city,
who had allegedly received death threats on 28 and 30 April 1991, when he was
warned in anonymous telephone calls to stop working in that organization.
Futhermore, the telephone number of Casa Alianza , to which some of these calls
were made, had recently been changed and had not yet been made public;
therefore, it could only have been known by someone with direct access to the
telecommunications network. In addition, Axel Mejia had recently testified in
the trial of a member of the Treasury Police charged with belonging to a group
of SIPROCI agents who bad killed three street children on 7 November 1990.
198. On 3 June 1991, the Special Itapporteur sent a cable concerning Miguel
Sucuqui Mejia and his family who had allegedly been threatened with death by
members of the civilian Defence Patrols (PAC), on the night of 6 May 1991 in
the village of Sacpulup, chichicastenango, El Quiche. According to the
information, approximately at midnight on 6 May 1991, members of the PAC of
Sacpulup surrounded the house of Mr. Secuqui Mejia, a member of the Council of
Ethnic Communities “We are all Equal t ' (CERJ). The patrol leader entered the
house asking for Mr. Sucuqui Mejia; when he learned that he was not there, he
threatened to kill his wife. Mr. Secuqui Mejia later stated that the patrol
leader threatened all of the family and said that sooner or later he would
take revenge on my family for everything that had occurred and especially if
we denounced what had just happened. As a result of this incident,
Mr. Sucuqui Mejia and his family had sought refuge at the CERJ offices. Since
its foundation, GEM has been the target of a wide range of human rights
violations: since March 1990, at least eight of its members had been killed
under circumstances which suggest official involvement, in addition, since
January 1991, three relatives of GERJ members bad been killed, and many more
members have been intimidated and threatened by members of the security forces
or those working under their command.
199. In connection with the above, the Special Rapporteur drew the attention
of the Government to paragraph 4 of the Principles on the Effective Prevention
and Investigation of Extra—legal, Arbitrary and Summary Executions, to the
principles embodied in the Universal Declaration of Human Rights and to
article 6 of the International Covenant on Civil and Political Rights. In
addition, considering that the Consejo de Comunidades Etnicas “Runujel Junanf '
had cooperated with the United Nations Working Group on Enforced or
Involuntary Disappearances, the Special Rapporteur recalled Commission on
Human Rights resolution 1991/70 which urged Governments to refrain from all
acts of intimidation or reprisal against private individuals and groups who
seek to cooperate with the United Nations and representatives of its human
rights bodies. The Special Rapporteur requested information regarding
measures taken to protect the life and physical integrity of the
E/CN.4/1992/30
page 54
above—mentioned persons, as well as an assurance that the provisions of
Commission on Human Rights resolution 1991/70 were being respected.
200. On 17 June 1991, the Special Rapporteur sent another urgent message to
the Government of Guatemala concerning further threats against the life of
Amilcar Méndez tirizar, as well as threats against members of his family; these
incidents followed the attempted abduction of Mr. Méndez Urizar on
15 April 1991 (see para. 195 above).
201. According to the information, at 8.00 p.m. on 16 May 1991,
Mr. Méndez Urizar received an anonymous telephone threat at his home. The
caller stated that Mr. Méndez would not escape, nor would his wife or
children. Since its foundation, the “Runujel Junani” Ethnic Communities
Council (CERJ) had been the target of a wide range of human rights
violations: since March 1990, at least eight members were known to have been
killed in circumstances which reportedly suggested official involvement; since
January 1991, three members of CERJ and three relatives of CERJ members bad
been killed. In addition, many more members of CERJ had been intimidated and
threatened by members of the security forces or those working under their
command. The most recent killing of a CERJ member, that of Camilo Ajqui
Jimon, in Potrero Viejo, Zacualpa, El Quiche, was on 14 April 1991.
202. In this connection, the Special Rapporteur once again drew the attention
of the Government to paragraph 4 of the Principles on the Effective Prevention
and Investigation of Extra—legal, Arbitrary and Summary Executions, and to the
principles embodied in article 3 of the Universal Declaration of Human Rights
and in article 6 of the International Covenant on Civil and Political Rights.
In addition, considering that CERJ was cooperating on a regular basis with the
United Nations Working Group on Enforced or Involuntary Disappearances, he
recalled Commission on Human Rights resolution 1991/70 (see para. 199 above).
The Special Rapporteur requested information regarding measures taken to
protect the lives and physical integrity of the above—mentioned persons, as
well as an assurance that the provisions of Coniniss ion on Human Rights
resolution 1991/70 were being respected.
203. On 25 July 1991, the Special Rapporteur sent a further cable to the
Government of Guatemala concerning Rosendo de Leon DubOn and
Mauricio Raxcacó Henriquez, workers employed by the National Printing House
and members of the Union of Printing Workers, affiliated with the National
Federation of Workers' Trade Unions of Guatemala (FENASTEG), who bad allegedly
been receiving death threats from members of the security forces believed to
be linked to death squads since April 1991, when they had reported several
cases of official corruption in the printing works of the Ministry of the
Interior. According to the information received, on 6 June 1991, Mr. RaxcacO
Was followed and beaten by two individuals when he was returning to his home
in Zona 1 of Guatemala City; these persons warned him that be should stop
making accusations. Throughout the year various reports were received
alleging a recent increase in telephoned threats, abductions and summary
executions to which trade union members, trade unions and members of popular
movements are subject and in which members of the security forces or groups
connected to them were reportedly involved.
E / CN. 4/1992 / 30
page 55
204. In this connection, the Special Rapporteur referred to paragraph 4 of the
Principles on the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions, and to the principles embodied in the
Universal Declaration of Human Rights and the International Covenant on Civil
and Political Rights which in articles 3 and 6 respectively, states that every
individual has the right to life and security of the person, that this right
shall be protected by law and that no one shall be arbitrarily deprived of his
or her life. In addition, the Special Rapporteur appealed to the Government
of Guatemala to take all measures at its disposal to protect the life and
physical integrity of the above—mentioned persons, and requested information
on those measures as well as on the investigations carried out by the
authorities in thçse cases.
205. On 26 July 1991, the Special Rapporteur sent another cable to the
Government of Guatemala concerning various staff members of Casa Alianza and,
in particular, Bruce Harris, its Director, who had allegedly been threatened
with death by members of the security forces. On two occasions, namely, on
12 July 1991 and l B July 1991, according to eyewitness reports, four persons
in a blue four—door BMW car with tinted windows drove at high speed towards
Casa Alian.a at a time when death threats were reportedly being made against
its Director, staff and the children living there.
206. It was reported that the recently established legal service of
Caaa. Alianza had pressed for the investigation of violations of the rights of
children, allegedly committed by members of the police, in some cases in
uniform and in others in plain clothes. At the time of writing,
39 allegations against 50 members of the National Police were awaiting
investigation by the courts. Some street children and Case Alianza workers
who had testified have, it is said, constantly been threatened with death and
other reprisals. Mr. Axel Mejia, key witness in proceedings brought against
IS members of the Guatemala City security forces for the mistreatment of three
street children in November 1991, has reportedly felt obliged to leave the
country owing to the threats he has received.
207. In this connection, the Special Rapporteur referred to paragraph L i of the
Principles of Effective Prevention and Investigation of Extra—legal, Arbitrary
and Summary Executions, and to the principles embodied in article 3 of the
Universal Declaration of Human Rights and article 6 of the International
Covenant on Civil and Political Rights. Furthermore, in view of the fact that
the persons mentioned cooperated regularly in the procedures established by
the United Nations to protect human rights, the Special Rapporteur also
referred to resolution 1991/70, adopted by the Commission on Human Rights on
6 March 1991. In that resolution, the Commission urged Governments “to
refrain from all acts of intimidation or reprisal, in any form, against
private individuals and groups who seek to cooperate with the United Nations
and representatives of its human rights bodies, or who have sought to avail
themselves of procedures established under United Nations auspices for the
protection of human rights and fundamental freedoms”. The Special Rapporteur
appealed to the Government of Guatemala to take all measures at its disposal
to protect the life and physical integrity of the above—mentioned persons. In
addition, he requested information on those measures as well as on the
investigations carried out by the authorities in these cases.
E/CN. .4/1992/30
page 56
208. On 30 July 1991, the Special Rapporteur sent another cable to the
Government of Guatemala concerning Hugo Arce, a journalist working for the
Guatemalan newspaper Siglo Xxi who had allegedly received death threats by
telephone on several occasions since he had begun writing articles criticizing
the Government. On 1 L July 1991, two men reportedly stopped him in the street
and threatened him with the sante fate as Humberto Gonzales Camarra
(a journalist murdered in October 1990) if he did not stop criticizing the
Government; the next day it is said he was followed by a car; on 12 July,
while travelling with his family in his own car, he was allegedly threatened
with a firearm from another vehicle that drew abreast of his. Mr. Arce was
accused by the police at the beginning of 1991 of possessing cocaine and
explosives in his car, an allegation that was never proved. The person
reporting this has suggested that this allegation is also a form of
persecution against the journalist, just like recent death threats.
209. in this connection, the Special Rapporteur referred to paragraph 4 of the
Principles on the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions, and to the principles embodied in article 3
of the Universal Declaration of Human Rights and in article 6 of the
International Covenant on Civil and Political Rights. In addition, he
appealed to the Government of Guatemala to take all measures at its disposal
to protect the life and physical integrity of the above—mentioned person and
furthermore requested information on those measures as well as on the
investigations carried out by the authorities in this case.
210. On 30 July 1991, the Special Rapporteur sent another cable to the
Government of Guatemala concerning Carmen Reina and Otto Peralta, leaders of
the Association of University Students at the University of San Carlos (AM )),
who, as members of non—governmental organizations, had attended the previous
session of the United Nations Commission on Human Rights, held in Geneva in
February and March 1991; they had been threatened with death by unknown
persons suspected of belonging to Government forces, according to the
complaint they made to the Minister of the Interior during a meeting with him
on 13 June 1991. Other AEU members have allegedly experienced harassment and
surveillance as well as death threats; this is particularly worrying since
the AEU has, it is said, been harassed for a number of years: it is alleged
that 12 of its leaders have disappeared since August — September 1989 and a
further 7 executed extra—judicially in the same period.
211. On 12 August 1991, the Special Rapporteur sent another cable to the
Government of Guatemala concerning José Miguel Mérida Escobar, 36 years old
bead of the homicide section of the Criminal Investigation department of the
National Police, who was assassinated on 5 August 1991 in Zona 1 of
Guatemala City. Those providing this information state that the assassination
is connected with the investigation Mr. Mérida was carrying out into the
murder the previous year of the anthropologist Myrna Mack Chang, who had
cooperated with United Nations bodies. According to the information,
Mr. Mérida had written a report in which she stated that the motive for the
crime was political and had testified before the courts proving the complicity
and participation of senior military leaders; in addition, Mr. Mérida was
planning to testify before the Inter—American Commission on Human Rights.
E/CN.4/ 1992/30
page 57
In view of the foregoing, concern has been expressed for the security of the
family and colleagues of Ms. Mack and also for the other members of the
National Police who took part in the investigation.
‘212. In connection with these two cases, the Special Rapporteur referred to
paragraph 4 of the Principles on the Effective Prevention and Investigation of
Extra—legal, Arbitrary and Summary Executions, adopted by the Economic and
Social Council in resolution 1989/65 of 24 May 1989, which states that
“effective protection through judicial or other means shall be guaranteed to
individuals and groups who are in danger of extra—legal, arbitrary ‘or sunnary
executions, including those who receive death threats' 1 , and to the principles
embodied in the Universal Declaration of Human Rights and the International
Covenant on Civil and Political Rights which state in articles 3 and 6
respectively that every individual has the right to life and security of the
person, that this right shall be protected by law and that no one shall be
arbitrarily deprived of his or her life. In addition, in view of the fact
that the above—mentioned persons cooperated regularly in the procedures
established by the United Nations to protect human rights, the
Special Rapporteur also referred to resolution 1991/70, adopted by the
Commission on Ruman Rights on 6 March 1991. In that resolution, the
Commission urged Governments “to refrain from all acts of intimidation or
reprisal, in any form, against private individuals and groups who seek to
cooperate with the United Nations and representatives of its human rights
bodies, or who have sought to avail themselves of procedures established under
the United Nations auspices for the protection of human rights and fundamental
freedoms”. Furthermore, he appealed to the Government of Guatemala to take
all measures at its disposal to protect the life and physical integrity of the
above—mentioned persons; in addition he requested information on those
measures as well as on the investigations carried out by the authorities in
these cases.
213. On 12 August 1991, the Special Rapporteur sent another cable to the
Government of Guatemala concerning threats to the life and physical integrity
of Carlos llernández, 16 years old, and “Caballo”, 15 years old, as well as the
discovery in Guatemala City of the severely mutilated body of a street child
(whose name and particulars remain unknown) of 7 or 8 years of age. According
to the information, on 9 August 1991, Carlos RernAndez and “Caballo” were
sitting under the Amate bridge which is on 19th Street between 4th and
5th Avenues of Zona 1 of Guatemala City. It seems that this bridge is the
usual meeting—place for the street children of Guatemala City. At
approximately 1.30 a.m., a van with no distinguishing markings and in which
there were two armed men in plain clothes passed by; without any warning the
two men opened fire, wounding Carlos Hernindez in the right thigh; according
to doctors at the San Juan de Dios Hospital, where the child was taken, the
wound was caused by a calibre 38 bullet; the other child, “Caballo”, was not
hit by the bullets even though the unidentified gunmen apparently aimed at his
legs. After this incident, “Caballo” asked Casa Alianza for help: the
Casa A lianza organization looks after the street children of Guatemala and has
carried out investigations, or has asked them to be carried out, into abuses
presumably committed by the police against these children.
E/CN.4/1992/30
page 58
214. In his cable to the Government dated 26 July 1991, (see para. 205), the
Special Rapporteur had already sent information he had received concerning an
incident which had taken place in July 1991, when unidentified gunmen drove at
high speed towards the Casa Alianza emergency centre after directing death
threats against its Director, Bruce Harris, staff and the street children
assisted by the organization. Subsequently, on 31 July, the severely tortured
body of an unidentified street child was found on a rubbish tip near an
electricity pylon in Zona 3 of Guatemala City. According to the information,
the child's eyes had been gouged out and the head beaten or crushed so
violently that identification was impossible; the staff of Casa Alianza
requested the competent authorities to conduct an investigation into the death
of the child.
215. According to many reports, this last year has seen an alarming rise in
the number of violations of the human rights of street children, including
extrajudicial executions, attempted extrajudicial executions and death
threats. In many of these cases the perpetrators are thought to be members of
the security forces and, in particular, the police, whose members work
sometimes in plain clothes and sometimes in uniform. Furthermore, the
Special Rapporteur has received information concerning violations of human
rights perpetrated by agents of private security firms. It has been reported
that there are approximately 39 cases pending before the courts of Guatemala
against more than 50 members of the National Police; however, it appears that
investigations rarely lead to the prosecution and conviction of those
responsible. Furthermore, children who have testified or provided information
concerning abuses couwnit ted against other street children have experienced
reprisals and persons working with street children have been subjected to
harassment, intimidation and death threats. Lastly, information has been
received that, at the beginning of August 1991, the Juvenile Court ordered the
closure of the Casa A lianza legal service on the grounds that it had no
authority to defend minors.
216. In this connection, the Special Rapporteur referred to paragraph 4 of the
Principles on the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions, and to the principles embodied in articles 3
and 6 respectively of the Universal Declaration of Human Rights and the
International Covenant on Civil and Political Rights. In addition, the
Special Rapporteur referred to 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 — 7 September 1990. These principles
established, titeralia , that “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”; that “law enforcement officials shall identify themselves as
such and give a clear warning of their intent to use firearms”; and that
“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”.
E/CN.4/1992/20
page 59
217. The Special Rapporteur appealed to the Government of Guatemala to take
all measures at its disposal to protect the life and physical integrity of the
above—mentioned persons. In addition he requested information on those
measures as well as on the investigations carried out by the authorities in
these cases.
218. On 4 September 1991, the Special Rapporteur sent . another cable to the
Government of Guatemala concerning the journalists Juan Carlos Ruiz,
Hugo Garcia, Silvino Velasquez, Miguel Angel Lopez and Maricel Dieguez, the
trade unionists Rosendo de León Dubón and Mauricio Raxcacé Henriquez and the
peasant Rolando René Perez.
219. In July 1991, three journalists, Juan Carlos Ruiz (of Qigaica)
Hugo Garcia (of Grafico ) and Silvino Velasquez (of Prensa Libre ) were
reportedly attacked by unidentified individuals and robbed of their wallets
and identity papers. On 12 August, the same journalists and other persons
working for the radio progranuues El independiente and atrullajtinh rmatiyQ
allegedly received anonymous telephone calls in the course of which they were
threatened and asked why they were interested in the following: legal
proceedings against soldiers, the cases of Myrna Mack, Michael Devine and
Diana Ortiz, and the trial of Dino Roberto Villata Valdez, son of a Government
deputy—minister. On 19 August 1991, members of the National Police reportedly
dismantled a bomb found on the ninth floor of the El Centro building situated
on 7th Avenue and 9th Street of Zona 1. This building contains the offices of
the Mexican Press Agency (Notimex), the newspaper Critica, the DPA agency and
the Ethnic Communities Council “Runujel Junani” (CERJ). On 24 August 1991, two
men allegedly entered the Notimex offices without identifying themselves,
asked about two correspondents, Mr. Miguel Lopez and Mr. Maricel Dieguez, and
went throught the files. On the following day the two correspondents, in fear
of their lives, are said to have left the country.
220. The two trade unionists, Rosendo de Leon Dubón and Mauricio Raxcacó
Henriquez, had previously been threatened and persecuted (see para. 203).
Mr. Raxcacó Henriquez is Secretary for Education, Art and Culture, and thus a
member of the Executive Co mmittee of the National Federation of State Workers'
Trade Unions of Guatemala (FENASTEG). On 19 August 1991, he was allegedly the
target of an attempted abduction in Guatemala City. Furthermore, it is said
that the threats against Mr. de Leon Dubón have continued. According to
information received, on 19 August 1991, when Mr. Raxcacó Renriquez left his
home in Zona 1 (which had apparently been under surveillance during the
previous two weeks) at approximately 8.30 p.m. he was intercepted by four
men in plain clothes travelling in a white car with tinted windows: they
allegedly beat him up and said that, like Mr. de Leon Dubón, he had
disregarded previous warnings and had become a nuisance. Furthermore, they
asked him where Mr. de Leon Dubón was, but when they tried to bundle him into
their car Mr. Raxcacé llenriquez managed to escape and sought refuge in the
offices of the Red Cross. The following day, members of the National Police
in plain clothes allegedly turned up at the Red Cross offices to interview
Mr. Raxcacó; on the same day it is said that another group of uniformed police
officers also questioned him. Mr. Raxcac6 llenriquez subsequently left and
went into hiding.
E/CN.4/1992/30
page 60
221. According to information received, Rolando René Perez, a peasant from
Los Cerezoz, Tejutla, San Marcos, received verbal and written death threats
from the Intelligence Corps of the G—2 Army, from the death squad known as
the “Black Hand” and from the Civilian Self—defence Patrols and military
commissioners of the region.
222. On 10 September 1991, the Special Rapporteur sent another cable to the
Government of Guatemala concerning his previous cables of 10 May 1991 and
17 June 1991 (see paras. 195 and 200) which contained allegations concerning
death threats received by Ainilcar Méndez Urizar, leader of the Ethnic
Communities Council “Runujel Junam” (CERJ). According to the information, on
24 August 1991, Mr. Méndez received a further written message at the CERJ
offices in Guatemala City threatening him with death and signed by Jagua,r
Justiciero , a death squad to which many assassinations and disappearances have
been attributed in the past and to which it is suspected that members of the
armed forces and security forces belong. Subsequently, on 29 August 1991,
a group of four men, two of them dressed in black and the other two in army
uniforms, appeared at the home of Mr. Méndez's sister in Colonia San Francisco,
Guatemala City, asking for him; when they could not find him they also
questioned the neighbours. After this incident, Mr. Méndez contacted the
Minister of the Interior in order to find out whether these men had been sent
officially; however, it seems that the Minister's reply was in the negative.
223. tin 11 October 1991, the Special Rapporteur sent another cable to the
Government of Guatemala concerning information received indicating that the
life and physical integrity of the trade unionists Rosendo de Leon Dubón,
Maurlcio Raxcacó llenriquez, Armando Sanchez and David Montejo were at risk.
224. Further to the cables sent to the Government dated 25 July 1991
and 4 September 1991 (see paras. 203 and 218), concerning telephoned
death threats against trade unionists Rosendo de Leon Dubón and
Mauricio Raxcacó llenriquez in April and June 1991 and the attempted
abduction on 19 August 1991 of Mr. Raxcac6 Renriquez, it was reported that
Mr. de Leon Dubón was still being harassed and was still receiving threats
against his life, but that Mr. Raxcacó Renriquez had left the country.
225. It was further reported that Armando Sanchez and David Montejo, two other
trade union leaders and members of the executive committee of FENASTEG, had
also been harassed and threatened with death. On 10 September 1991
Mr. Sanchez, General Secretary of FENASTEG and Mr. Montejo, Union Liaison
Secretary, both received anonymous telephone threats at home warning them that
if they did not leave the country within 72 hours they would be bumped off.
It was also reported that, since April 1991, Mr. Sanchez had received serious
threats against his life and that unknown individuals had kept him under
constant surveillance.
226. In the three cables mentioned above (see paras. 218, 222 and 223), the
Special Rapporteur referred to paragraph 4 of the Principles on the Effective
Prevention and Investigation of Extra—legal, Arbitrary and Summary Executions,
adopted by the Economic and Social Council in its resolution 1989/65 of
24 May 1989, which state that “effective protection through judicial or other
E ICN.4 / 1992/30
page 61
means shall be guaranteed to individuals and groups who are in danger of
extra—legal, arbitrary or summary execution, including those who receive death
threats” and to the relevant principles embodied in the Universal Declaration
of iluman Rights and the International Covenant on Civil and Political Rights
which state, in articles 3 and 6 respectively, that every individual has the
right to life and security of the person, that this right shall be protected
by law and that no one shall be arbitrarily deprived of his or her life. In
addition, the Special Rapporteur appealed to the Government to take all
measures at its disposal to protect the life and physical integrity of the
above—mentioned persons. He also requested information on those measures as
well as on the investigations carried out by the authorities in these cases.
227. On 13 November 1991, the Special Rapporteur sent another cable to
the Government of Guatemala concerning information received relating to the
life and physical integrity of Veronica Ortiz Rernández, a member of the
Unidad Revolucionaria Nacional Guatemalteca (UBNG). According to witnesses,
Ms. Ortiz Hernández, 22 years old, bad been captured by army troops on
16 October 1991, after being wounded during fighting in Sacatepequez
department. Her detention has been denied and there is concern for her
physical integrity.
228. In this connection, the Special Rapporteur referred to paragraph 4 of
the Principles on the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions, and the relevant articles of the Universal
Declaration of Human Rights (art. 3) and the International Covenant on Civil
and Political Rights (art. 6). Bearing in mind the fact that, according to
information received, the army never admits to having captured guerrilla
fighters and that concern had been expressed for the life and physical
integrity of the person mentioned above, the Special Rapporteur appealed to
the Government to take all measures at its disposal to protect her life and
physical integrity. In addition, he requested information on those measures
as well as on the investigations carried out by the authorities in this case.
229. On 13 November 1991, the Special Rapporteur sent another cable to the
Government of Guatemala concerning information received indicating that the
life and physical integrity of Luisa Ruiz Saquic and 11 other inhabitants of
Tuanaja, Zacualpa, El Quiche, were at risk. According to that information,
Ms. Ruiz Saquic and 11 inhabitants of Tuanaja, all members of the Mutual
Support Group for the return alive of our relatives (GA Il), were threatened
with death by various members of the Civilian Self—defence Patrols (PAC) of
that area, one of them being Mr. Santos Coj Rodriguez. Ms. Ruiz Saquic and
the 11 persons mentioned above were reportedly to testify at the trial, then
under way, of Mr. Santos Coj Rodriguez and other members of PAC, all accused
of having tortured and killed relatives of inhabitants of Tuanaja in 1982
and 1983. It was said that in April 1989 a secret cemetery had been
discovered in Tuanaja in which the bodies of eight of the victims of the
incidents described above were buried. Since then, GA I l has requested that
those responsible for these human rights violations should be brought
before a court. Also since then they have received death threats from
Mr. Santos Coj Rodriguez and members of his family. Mr. Santos Coj Rodriguez
was allegedly detained in June 1991 but in October 1991 relatives of the
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victims were informed that he bad escaped. It is reported that although the
authorities know where he is, they have no intention of detaining him again.
Since the escape, Ms. Ruiz Saquic and the other witnesses have once more been
threatened with death; Ms. Ruiz Saquic and another member of GAI l apparently
sought refuge in the GAIl office in Guatemala City. On 7 November 1991,
six men allegedly appeared in front of the office and before leaving
brandished their weapons.
230. In this connection, the Special Rapporteur referred to paragraph 4 of
the Principles on the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions, and to the relevant articles of the
Universal Declaration of Human Rights and the International Covenant on Civil
and Political Rights. Furthermore, in view of the fact that the persons
mentioned above cooperated regularly in the procedures established by the
United Nations to protect human rights, the Special Rapporteur also referred
to resolution 1991/70, adopted by the Commission on Human Rights on
6 March 1991, in which it urged Governments to refrain from all acts of
intimidation or reprisal against private individuals and groups who seek to
cooperate with the United Nations and representatives of its human rights
bodies. In addition, he appealed to the Government of Guatemala to take all
measures at its disposal to protect the life and physical integrity of the
above—mentioned persons. Re also requested information on those measures as
well as on the investigations carried out by the authorities in these cases.
231. On L i December 1991, the Special Rapporteur sent a cable to the Government
of Guatemala concerning information received indicating that the lives and
physical integrity of Alba Méndez and Vilma Martinez, two Dominican nuns, and
peasants from the El Pilar farm, La Reforma, San Marcos, bad been threatened.
According to the information, on 10 November 1991, armed men broke into the
building in Zona 3, Guatemala City, where the nuns Méndez and Martinez lived.
These men, alleged to be connected with the Government's security forces,
apparently left a message threatening the nuns with death. The previous day
the nuns had made it known that on 5 November 1991 their quarters had been
broken into. On 17 November 1991, soldiers from the Santa Ana Berlin
detachment had allegedly rounded up the peasants of the El Pilar farm,
La Ref orma, San Marcos, and threatened them with death.
232. In this connection, the Special Rapporteur referred to paragraph 4 of
the Principles on the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions, to the principles embodied in the Universal
Declaration of Human Rights and to article 6 of the International Covenant on
Civil and Political Rights. The Special Rapporteur appealed to the Government
to take all measures at its disposal to protect the life and physical integrity
of the above—mentioned persons and in addition requested information on those
measures as well as on the investigations carried out by the authorities in
these cases.
py j gtrspl ie
233. On 20 February 1991, a communication was received from the Covernment
of Guatemala transmitting articles from three daily newspapers, El Gráfico ,
E/CN.411992/30
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ft irs a Libre and Sitlo Veinte , denouncing the massacre of 10 members of a
Civil Defence Patrol near Playa Grande, El Quiche, on 16 February 1991,
allegedly by armed irregulars and drug—traffickers.
234. On 21 March 1991, a communication was received from the Government of
Guatemala transmitting articles from two daily newspapers, El Gthfico and
frensa Libre concerning the condemnation of four members of the National
Police to prison sentences of between 10 and 15 years for the murder of
Nahaman Carmona Lopez, a street child, on Li March 1990 in Guatemala City.
235. On 9 July 1991, a communication was received from the Attorney for
Human Rights, Ramiro de Leon Carpio, announcing the creation of the Commission
of Investigation on the Disappeared.
236. On 10 July 1991, a communication was received from the Government of
Guatemala transmitting a statement from the Attorney for Human Rights
denouncing the massacre of 10 members of a Civil Patrol near P laya Grande,
El Quiche, on 16 February 1991, by armed irregulars known as the Unidad
Revolucionaria Nacional Guatemalteca (IJRNG).
237. On 17 July 1991, a communication was received from the Government
of Guatemala stating that threats against Amilcar Méndez Urizar and
Miguel Sucuqui Mejia, both members of the Indigenous People's Council
“Ranujel Junani”, were under investigation by the competent authorities.
238. On 28 November 1991, a communication was received from the Government of
Guatemala in answer to the Special Rapporteur's appeal of 13 November 1991.
The communication transmitted a court order issued on 21 November 1991 by the
Office of the Public Prosecutor requesting Verónica Ortiz Hernandez, allegedly
in the hands of the security forces in Sacatepequez, to appear in person
before the Supreme Court of Justice.
2. Dtheccases _ transmitte&by the Spedal Rapporteur
239. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Guatemala transmitting allegations of summary or arbitrary
executions which reportedly took place between May 1990 and July 1991 and
concerned over 100 people, among them trade union activists, members of the
CERJ as well as numerous peasants and members of the indigenous communities.
In the same letter, the Special Rapporteur also transmitted information he had
received according to which more than 200 peasants were victims of death
threats after having refused to join the Civilian Self—Defence Patrols. Other
cases of death threats sent to the Government of Guatemala concerned more than
20 trade unionists, members of CONAVIGUA, CERJ and GM, one human rights
activist and two politicians.
240. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Guatemala
to provide him with information on the above—mentioned cases and, in
particular, on the progress and results of judicial investigations carried
out by the competent authorities.
E/CN.4/1992/30
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Government reply
241. On 16 December 1991, a communication was received from the Government of
Guatemala transmitting information concerning the following cases:
(a) Custavo Adolfo Paniagua Mthiiz. The Second Examining Court of First
Instance assumed jurisdiction in this case and on 5 February 1991 ordered an
investigation by the National Police; as a result of the investigation charges
were brought against Juan de la Grin Regalado Monz6n, who was accused of a
crime passionel ;
(b) Byron Estuardo Polanco , No one has been charged. The government
procurator's office has already taken action in this case;
(c) Margarita Chavez. The Court of First Instance of Petén department
has ordered an investigation into the assassination of Ms. Chavez. No one has
so far been charged with this criminal offence;
( a) Pedro GarcIa Chuc. This case is being tried by the Court of
First Instance of Solo là department and the sequence of events so far has
been as follows: on 5 March 1991, on being informed of the disappearance of
Mr. Garcia Chuc, the National Police began an investigation in which
Mario Rocael Garcia Tax, the son of the murder victim, stated that his father
had gone out on 4 March 1991 at 4.40 a.m. after hearing shots fired; on the
following day it was reported that the body of Mr. Garcia Chuc was in the
National Hospital of El Quiche, after being found in Chichuá canton,
Chichicastenango. The government procurator's office, on declaring itself a
subject at law in the proceedings, requested that Aif redo Felipe Garcia tax,
Oscar Gonzalez Vásquez and Antonio Salazar Herrera should be subpoenaed in
order to hear the statement made during questioning by Esteban Alvarez and
Domingo Pascual Tax who, according to the National Police, were suspects;
(e) Manuel and Pablo Ajiataz Chivalan. The Second Examining Court of
First Instance of El Quiche department has ordered an investigation into the
murder of the above—mentioned persons. At present no one has been charged and
the proceedings are in their pre—trial phase;
(f) Juan Perebal, Manuel Perebal and Diego Perebal. In this case
criminal proceedings have been brought before the Second Examining Court of
First Instance of El Quiche department against Manuel Perebal Ajtzalam Tercero
and Manuel Leon Lares for the crimes of murdering and wouziding the persons in
question;
(g) Miguel Sucuqui Mejia. The Inter—American Court of Human Rights,
at the behest of the Inter—American Commission on Human Rights of the
Organization of American States, appealed to the Government to provide
appropriate protection for Mr. Sucuqui Mejia in order to protect and safeguard
his life; this request was complied with by the Government of Guatemala;
(h) Miguel Calel. Following the investigation into the murder of
Mr. Calel, it was established that one of those responsible for the crime was
Cecilio Ajca Chanchavac. Days after the crime took place, Francisco Vicente,
E/CN.4/1992/30
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a resident of the same canton, went to the home of Macedonia Calel Lopez, the
mother of the deceased, where he said she would be risking her life if she
provided the authorities with information about the death of her son. The
investigation is continuing and is being pursued vigorously;
(1) Amilcar Méndez Urizar. The following proceedings are under way:
(a) Before the Second Examining Court of First Instance of
Santa Cruz, El Quiche department, a trial for the crime of making
threats (at present in closed session);
(b) Before the same court, criminal proceedings for the crime
of making threats (at present in closed session);
(c) Before the Criminal Trial Court of First Instance of
Santa Cruz, El Quiche department, criminal proceedings against
Guillermo imultun, a prison warden, accused of the crime of making
threats; he is at present awaiting sentencing. At the request of the
Inter —American Court of Human Rights, the Government of Guatemala
provided suitable protection for Mr. Méndez Urizar in order to safeguard
his life even though he had decided to leave the country with his family
owing to death threats by the self—styled Jaguar Justiciero group, which
knows that he is living in Washington;
(j) Leandro Barillas. Criminal proceedings have been instituted before
the Court of First Instance of Sololé, against the National Police of the
municipality of San Lucas Tolinthn, Sololé (there are no individual defendants)
for the crime of homicide. The government procurator's office has intervened
in the case, requesting to hear the informer, Cisar Barillas Perez.
3. Additional infoxmation received by the Special Rapporteur
242. Many human rights organizations emphasized in their communications to
the Special Rapporteur that violations of the right to life continued to occur
in Guatemala on an alarming scale. Between March and June 1991, more than
400 people were reported to have been extrajudicially executed, more than
350 others were said to have been threatened with death. According to
information received by the Special Rapporteur, those responsible for the
reported summary or arbitrary executions included the Guatemalan Armed Forces
as well as other Security Forces and paramilitary groups believed to be linked
to or act with the acquiescence of the authorities. It was also alleged that
some retired or off—duty members of official security forces have at times
acted with these unofficial groups.
243. According to information submitted to the Special Rapporteur, the
principal targets for summary or arbitrary executions and death threats are
persons linked to trade unions and political opposition groups, members of
organizations that represent indigenous people — in particular, the Council of
Ethnic Conununities “We are all equal' (CEL l), the Mutual Support Group (GAN),
and the National Association of Guatemalan Widows (CONAVIGUA) — as well as
human rights activists, peasants, students, academics and street children. In
particular, it was reported that a large number of peasants, especially from
E/CN.4/1992/30
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the indigenous coimnunities, were subjected to death threats after refusing to
join the ostensibly voluntary Civilian Self—defence Patrols (MC). The FAG
are said to cooperate with the official security forces.
24 1 .. The Special Rapporteur received further information according to which
these human rights violations took place in a climate of impunity. It was
alleged that, almost without exception, official personnel were not charged
with abuses even when specific evidence of their guilt was available, and that
in the rare cases where officers had been charged, no conviction or sentence
was carried out for serious violations of human rights abuses. In particular,
the PAC are reported to act with impunity. Only one case had been reported as
an exception to this rule: four members of the police, responsible for the
brutal killing of the street child Nahamán Carmona López, on 1 March 1990,
were sentenced to several years of imprisonment in March 1991.
245. It was also reported that the murderer of Myrna Mack Chang would be
deported from the United States. The army secret agent, who was in
Los Angeles, California, was to be deported for being illegally in the
country. Noel de Jesus Beteta Alvarez had been declared a fugitive from
justice several weeks previously when a thorough investigation had
established his participation in the assassination of the anthropologist
Mack Chang. In connection with this case, Fernando Hurtado Prem, the Minister
of the Interior, stated that no one found guilty would benefit from a
cover—up. However, Ms. Mack's relatives also called for the punishment of
those who had masterminded the assassination, which they described as being
of a political nature.
246. On the other hand, the Special Rapporteur's attention was also drawn to
several incidents throughout 1990 and 1991 in which members of the FAG and
other civilians were reportedly killed by the guerrilla group National
Revolutionary Unit of Guatemala (URNG). During armed confrontations with
government forces and terrorist attacks, guerrilleros allegedly also caused
the death of a number of members of the army and the police.
Haiti
1. Appea l&for urgent action
247. On 4 October 1991, the Special Rapporteur sent a cable to the Haitian
Government, drawing its attention to information received alleging that at
least 100 persons had been killed and over 200 wounded f ollowing violent
disturbances which began in the evening of 29 September 1991 in Port—au—Prince.
248. In this connection, the Special Rapporteur referred to paragraph 1 . of the
Principles on the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions, adopted by the Economic and Social Council
in resolution 1989/65 of 24 May 1989, to the principles embodied in the
Universal Declaration of Human Rights and to article 6 of the International
Covenant on Civil and Political Rights. He also drew the Government's
attention to the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials and, in particular, to paragraphs 4, 5, 9 and 10, which
are based on the fundamental principle that the amount of force used should be
EfcN.4/l992/30
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in proportion to the objective to be achieved. The Special Rapporteur
appealed to the Government to take all measures at its disposal to protect the
life and physical integrity of the above—mentioned persons and requested
information on those measures, as well as on the investigations carried out by
the authorities in these cases.
249. On 23 October 1991, the Special Rapporteur sent a cable to the Haitian
Government indicating that, since the coup d 'etat which toppled
President Jean—Bertrand Aristide on Monday, 30 September 1991, hundreds of
people were alleged to have been executed extrajudicially and hundreds more
wounded, most of them by Haitian security forces.
250. The Special Rapporteur has received specific information on the following
cases:
(a) A group of soldiers apparently burst into the home of
Jacques Caralbe, the Director of Radio Caraibe , on Monday, 30 September 1991.
It is said that he was severely beaten in the presence of his family and taken
away to an unknown destination. His body was found later. On the same day,
Roger Lafontant, a minister in the overthrown Duvalier Government, who had
launched an abortive coup diétat in January 1991, was reportedly killed inside
the National Penitentiary , An arrest reportedly followed this murder.
(b) On the following day, Jacques Seus Jean—Gilles, 70 years old, was
allegedly killed and five other persons wounded when the security forces
attacked the premises of the Lafanmi Selavi orphanage. On 2 October 1991, on
the Soleil housing estate, soldiers reportedly shot and killed at least
30 persons and wounded several others in retaliation for a previous attack by
a crowd on a police station which had led to the death of two policemen.
(c) The extrajudicial execution of 30 to 40 persons in the Lamentin area
by soldiers, apparently in retaliation for the murder of a soldier by an angry
crowd. Soldiers are said to have burst into several houses in the area,
shooting and killing some people and forcing others to bury the dead.
(d) The extrajudicial execution by the security forces of six persons at
Gonalves, apparently in retaliation for the erection of barricades at various
points in the town.
(e) The extrajudicial execution of civilians by members of the security
forces in various parts of Port—au—Prince; they allegedly fired deliberately
and at random into a crowd of civilians who were peacefully demonstrating in
support of President Aristide.
(f) Shots were allegedly fired at ambulances by the security forces in
order to prevent the medical treatment of the wounded.
(g) Three well—known supporters of President Aristide, namely,
Manno Charlemagne, Camille César and Camille Bazile, were reportedly arrested
on 9 October following the coup d t éta±t . It is not known where they are being
held.
E/CN.4/1992/30
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251. In this connection, the Special Rapporteur referred to paragraph 4 of the
Principles on the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions, to the principles embodied in the Universal
Declaration of Human Rights and to article 6 of the International Covenant on
Civil and Political Rights. The Special Rapporteur appealed to the Government
to take all measures at its disposal to protect the life and physical
integrity of the above—mentioned persons and requested information on those
measures, as well as on the investigation carried out by the authorities in
these cases.
252. On 7 November 1991, the Special Rapporteur sent a cable to the Haitian
Government pointing out that, despite his cable of 23 October 1991, in which
he had expressed his concern for the life and physical integrity of Mr. César
and Mr. Bazile, he had just been informed that their bodies, riddled with
bullets, bad been found at the Port—au—Prince morgue; they had apparently been
the victims of an extrajudicial execution. The Special Rapporteur had also
been informed that Serge Etienne, a supporter of President Aristide, had been
arrested on 27 October 1991 and he expressed the fear that the life and
physical integrity of Mr. Etienne might also be at risk.
253. The Special Rapporteur, concerned by the loss of those two human lives,
appealed to the Haitian Government to take all nec essary measures in order to
prevent more bloodshed in similar circumstances and requested more details on
the above—mentioned incident, the results of the investigations carried out in
this case, the measures taken by the authorities to prevent the recurrence of
such incidents and on measures taken to protect the life and physical
integrity of Mr. Etienne.
254. On 13 November 1991, the Special Rapporteur sent a cable to the Haitian
Government concerning information indicating that a group of soldiers had
surrounded the science faculty of the University of Haiti where, on
12 November 1991, a meeting had been called by the National Federal of Haitian
Students (FENEH). The soldiers had reportedly burst into the building and
fired on the students, wounding several of them, who were then taken away from
the university. The soldiers were also said to have forced other students
into lorries and to have driven them to the Anti—Gang Section of the
Investigation Service. Later that evening residents living near the
Investigation Service reportedly contacted humanitarian organizations because
they claimed to have heard cries coming from the Service. Furthermore, it
would appear that the Haitian armed forces subjected those detained in the
Anti—Gang Section of the Investigation Service to torture and ill—treatment
and fears were expressed that some detainees might become the victims of
extrajudicial executions.
255. In this connection, the Special Rapporteur referred to paragraph 4 of the
Principles on the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions, to the principles embodied in the Universal
Declaration of Human Rights and to article 6 of the International Covenant on
Civil and Political Rights. Re also drew the attention of the Government to
the Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials, and in particular to paragraphs 4, 5, 9 and 10, which are based on
the fundamental principle that the amount of force used should be in
E / ON .4 / 1992 / 30
page 69
proportion to the objective to be achieved. The Special Rapporteur appealed
to the Government to take all measures at its disposal to protect the life and
physical integrity of the above—mentioned persons and requested information on
those measures, as well as on the investigations carried out by the
authorities in these cases.
256. At the time of the preparation of the present report, no reply had been
received from the Haitian Government.
2. Other cases transmitted by the Special. Rapporteu.r
257. On 8 November 1991, the Special Rapporteur sent a letter to Government of
Haiti transmitting information he had received on a number of incidents. In
March 1990, the military reportedly opened fire in Borgne, a town in northern
Haiti, on a group of demonstrators from the Peasant Movement of Borgne (PMB),
who had taken to the street to show their joy after the departure of the
former President, General Prosper Avril. Fifteen people were said to have
been killed. A second incident in which the police allegedly shot at peaceful
demonstrators was reported to have occurred on 27 January 1991 in Carrefour, a
suburb of Port—au—Prince, causing the death of eight people.
258. In the same letter, the Special Rapporteur transmitted to the Government
of Haiti further allegations he had received, according to which a Haitian
businessman, an opponent of the Duvalier regime, was shot in his home in
Musseau, a residential area in the neighbourhood of Port—au—Prince, in
August 1990, allegedly by five members of the army in civilian clothes. The
Special Rapporteur bad also received information concerning the death, as a
result of torture, of a prisoner at the National Penitentiary of
Port—au—Prince on 30 August 1990. Members of the Anti—Gang Section of the
Investigation Service of the police were said to be responsible.
259. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Haiti to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
Government rep]y
260. On 20 November 1991, the Government of Haiti, in reply to the
Special Rapporteur's letter dated 8 November 1991, stressed that the situation
in Haiti was extremely worrying. As soon as the legitimate President,
Jean—Bertrand Aristide, and his Government were restored to power, the
documentation would be forwarded to the Haitian authorities so that they could
act upon it.
Honduras
1. Appeals for urgent action
261. During 1991, no appeals for urgent action were sent by the
Special Rapporteur.
E/CN.4/1992/30
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2. Other cases transmitted by the SpeciaLRapporteur
262. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Honduras transmitting 11 cases of alleged stwwnary or arbitrary
executions. Seven of these cases concerned acts of violence against peasant
activists. On 3 May 1991, five peasants were killed by a group of about
15 soldiers and private security guards at Agua Caliente. This incident took
place in the larger context of disputes over the distribution of land between
peasants, whose property rights were reported not to be sufficiently protected
by the authorities, and members of the army, who allegedly exploit this
situation in order to take over the land themselves. In three of these cases,
it was alleged that agents of the Public Security Force (Fuerza de Seguridad
Páblica (FUSEP)) were responsible for the killing of leading activists of the
National Union of Farm Workers (Central Nacional de Trabajadores de Campo
(ONTO)). Three further cases transmitted to the Government of ilonduras by the
same letter concerned the execution of two human rights activists and a
student, allegedly perpetrated by members of FUSEP, the National Directorate
of Investigations (Dirección Nacional de Investigación (DNI), and plainclothes
policemen, respectively. It was alleged that judicial investigations were not
duly carried out by the authorities.
263. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Honduras
to provide him with information on the above—mentioned case, and, in
particular, on the progress and results of judicial investigations carried out
by the competent authorities.
I ndia
I. 4ppeals for urgent action
264. On 24 December 1991, the Special Rapporteur sent a cable to the
Government of India concerning Narra Prabhakar Reddy. According to
information received, on 7 December 1991, Mr. Reddy, aged 35, a lawyer and
District Unit Convenor of the Andhra Pradesb Civil Liberties Committee
(APCLC), as well as Secretary of the District Bar Association, was shot dead
in his home by four unidentified men travelling on scooters without number
plates. The District Bar Association reported that Mr. Reddy had previously
been threatened by the police in connection with his legal work with political
activists and that the Bar Association had requested the District Magistrate
for the area to intervene to stop the police from harassing Mr. Reddy.
Although a post—mortem was conducted, no inquest was reportedly held. It was
also reported that human rights activists bad sometimes been targets of police
repression. Two senior activists of APCLC were reportedly killed by the
police in 1985 and 1986.
265. In this connection, the Special Rapporteur referred to paragraphs 4
and 18 of the Principles on the Effective Prevention and Investigation of
Extra—legal, Arbitrary and Summary Executions, to the principles embodied in
the Universal Declaration of Human Rights and to article 6 of the
International Covenant on Civil and Political Rights. The Special Rapporteur
appealed to the Government to take all measures at its disposal to protect the
E/CL4/l992/30
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life and physical integrity of the above—mentioned person and requested
information on these measures, as well as on the investigation carried out by
the authorities in this case.
266. At the time of the preparation of the present report, no reply had been
received from the Government of India.
2. Other caaaa transmitted by the Special Ra pporteur
267. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of India transmitting 401 cases of alleged summary or arbitrary
execution. According to reports received, hundreds of people had allegedly
been extrajudicially executed as a result of abuse of force by Indian armed
Units on different occasions, notably in the states of Jammu and Kashmir,
Punjab and Uttar Pradesh between 1988 and 1991. It was reported that in Jammu
and Kashmir demonstrators demanding independence were shot dead by the police
without warning on 20 May 1990. A series of arbitrary killings of unarmed
people during demonstrations was reported, of which the incident of
20 May 1990 was an example, in which hundreds of people were allegedly killed
by police between October 1989 and 20 May 1990. A list of the names supplied
by hospital sources in Srinagar, Kashmir, was published in the daily newspaper
Af tab on 29 May and 3 June 1991.
268. According to information received, on 11 June 1991, some 25 civilians
were allegedly killed by security forces in Chota Bazaar district of
Srinagar. On 12 June 1991, a police official in Stinagar reportedly admitted
the killing of the 25 civilians. Reportedly 16 people died as a result of
torture by prison authorities in Jammu and Kashmir in 1988 and 1989.
On 11 March 1991, central reserve police opened fire on shops in Srinagar,
killing three people and injuring a 10—year—old child. Reportedly this
version of events was confirmed by police officials in Srinagar. It was also
reported that in July 1990, the Government had applied the Armed Forces
Special Powers Act to Jammu and ICashmir. Already in force in north—east
India, these measures empowered the security forces to shoot and kill with
immunity from prosecution.
269. As a result of disturbances between the Hindu and Muslim communities in
the state of lJttar Pradesh in late 1990, the Provincial Armed Constabulary
(FAG) was used to deal with violence between the two communities particularly
in the towns of Aligarh, Kanpur and Bijnore. Reportedly, in the course of
doing so, members of FAG were alleged to have killed several unarmed
civilians. One of the allegations concerned extrajudicial killings of
innocent civilians in Aligarh in early December 1990. The death toll due to
communal violence between 7 and 15 December 1990 in Aligarb was reported to
be 57. Among these reports were allegations that, on 9 December, in Aligarh,
two brothers, both of them rickshaw—pullers, were shot by six FAG soldiers.
270. It was further reported that, on 13 July 1991, 10 Sikhs were allegedly
killed by police personnel near Pilibhit, in Uttar Pradesh. Reportedly,
the 10 men were taken from a bus that had been hired to tour Sikb shrines in
the area, and had been accused of having links with an armed Sikb opposition
group. One of the allegations concerned a person found hanging from a tree in
Vedaranyaxn, Thanjavur district, Tamil Nadu, on 20 July 1991, after being
E/CN.4/l992/30
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imprisoned for three days. It was also reported that the victim had been
arrested on 17 July 1991 in connection with Rajiv Gandhi 's murder and
allegedly had died after having been tortured in police custody.
271. In Punjab, there were further allegations of extrajudicial killings in
“encounters tt staged by the police. One of the allegations concerned the death
in June 1990 of two members of the All—India Sikh Students' Federation as a
result of torture for several hours, by police. It wag also reported that
hundreds of politically motivated killings were allegedly committed by
government forces in the course of last year's clashes.
272. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of India to
provide him with information on the above—mentioned case and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
Government replj
273. On 31 December 1991, a reply was received from the Government of India to
the Special Rapporteur's letter of 8 November 1991 stating that the right to
life and personal liberty was a fundamental right conferred on all citizens by
the Constitution of India. Moreover, India's deep commitment to democracy and
to the rule of law was as important as the law itself. A free, impartial and
investigative press, and assertive public opinion fortified democratic
guarantees and legal safeguards which were tested in practise. Furthermore,
the actions of the State in maintaining law and order were subject to judicial
review. Even the findings of courts martial and other such inquiries could be
challenged by the persons concerned and were liable to scrutiny by higher
courts.
274. With regard to the allegations contained in the Special Rapporteur's
letter, it was noted that almost the entire list of cases alleging summary or
arbitrary executions stated to have occurred related to Jammu and Kashmir. In
a very large number of cases, specific dates of the alleged incidents were not
stated and they were merely alleged to have taken place between October 1989
and May 1990. In some instances, only the name of a person alleged to have
been executed was provided, with no indication as to where and when the
alleged incident had occurred. When allegations were unsubstantiated by even
minimum facts, there were reasonable grounds for thinking that they could have
been fabricated or part of an attempt at disinformation.
275. It was emphasized that it was a fundamental responsability of the
Government to maintain law and order so that its citizens could enjoy their
fundamental human rights. The Government of India was doing so with the
maximum of restraint in the face of a continued campaign of terrorism and
violence in Janmiu and ICashmir, instigated from abroad and by terrorist groups
supported and trained in the region.
276. The allegations appeared to be part of just such a disinformation
campaign. The independent and impartial Press Council of India bad recently
conducted an inquiry into allegations of human rights violations by security
forces in Jammu and Kasbmir and had concluded that the allegations were
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grossly exaggerated or even invented. Some of the allegations were found to
be a massive hoax orchestrated by terrorist groups as part of a larger
strategy of psychological warfare using a smear campaign in an attempt to
internationalize the issue of human rights in Kashmir.
Indonesia
1. pea1s for urgent action
277. On 27 May 1991, the Special Rapporteur sent an urgent cable to the
Government of Indonesia concerning Kamjai Thong Thavorn who had been sentenced
to death by firing squad and who was in danger of iimninent execution.
According to the information, Mr.. Thavorn was sentenced to death for drug
smuggling in January 1988. His appeals to the High Court of East Kalimantan
and to the Supreme Court were rejected in March and December 1988,
respectively. In March 1991, the Indonesian authorities announced publicly
that Mr. Thavorn 's appeal had been rejected during the previous month and that
preparations for the execution were under way. The exact date of the
execution had not been announced. Mr. Thavorn was believed not to have been
informed that his appeal for presidential clemency had been turned down; in
addition, Mr. Thavorn's lawyers had been involved only in the Nigh Court
appeal. Reportedly, they were not informed of his appeal to the Supreme
Court, or of their client's application for presidential clemency; moreover,
the lawyers allegedly had learnt of the President's rejection of the clemency
appeal through newspaper reports , Since his imprisonment in 1987, Mr. Thavorn
had allegedly received no visits or letters from his family, although
reportedly he had a wife and child in Thailand. In addition, a qualified
interpreter had not been made available to Mr. Thavorn when his case first was
heard before the District Court. According to the information, Mr. Thavorn
had an elementary school education and could not speak Indonesian.
278. In this connection, the Special Rapporteur referred to paragraph 5 of
the Safeguards guaranteeing protection of the rights of those facing the death
penalty, approved by Economic and Social Council resolution 1984/50
of 25 May 1984, to article 14 of the International Covenant on Civil and
Political Rights, to paragraph 37 of the Standard Minimum Rules for the
Treatment of Prisoners, and to article 3 of the Universal Declaration of Human
Rights. The Special Rapporteur appealed to the Government to take all
measures at its disposal to protect the life and physical integrity of the
above—mentioned person and requested information on those measures as well as
on the investigation carried out by the authorities in that case.
279. On 13 November 1991, the Special Rapporteur gent a cable to the
Government of Indonesia concerning the death of at least 50 persons in Dili,
East Timor, on 12 November 1991 in the context pf an excessive use of force by
the Indonesian army. According to the infonnatlpn, anti—Government protests
erupted among the mourners during a memorial service for two youths who had
been killed on 28 October 1991 in a clash with the police. In response,
army personnel allegedly opened fire on the crowd, killing betwEen 50
and 100 persons.
280. In this connection, the Special Rapporteur referred to the Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials and
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to the Principles on the Effective Prevention and Investigation of
Extra—legal, Arbitrary and Summary Executions, approved by the Economic and
Social Council in resolution 1989/65 of 24 May 1989, and particularly
paragraphs 9 to 17 and 18 to 20 thereof concerning investigations and legal
proceedings, respectively. He appealed to the Government for any information
in connection with measures taken to ensure that the right to life was
safeguarded and on the relevant investigations carried out by the authorities
as a result of the above—mentioned incident.
281. On 27 November 1991, the Special Rapporteur sent a cable to the
Government of Indonesia acknowledging its response, on 20 November 1991, to
his cable of 13 November 1991. He took note with satisfaction that a National
Commission of Investigation had been established and appealed to the
Government to ensure that a thorough, independent and impartial investigation
into the circumstances of the killings of 12 November was made and that those
identified by the Commission as responsible for extrajudicial killings and
other abuses would be brought promptly to justice.
282. He also pointed out that be had received further allegations according to
which a large number of persons, possibly as many as 300, had been detained in
the aftermath of the incidents of 12 November 1991. Some persons had
reportedly been tortured and killed in police or military custody. According
to one report, between 60 and 80 detainees, including witnesses to the
killings of 12 November, and suspected political activists were taken
on 15 November 1991 from various prisons in Diii, driven to a place outside
the town, and shot and buried in unmarked graves. Those reported to be
responsible for these extrajudicial killings were said to have been members of
battalions No. 700 and No. 744 of the Hasanuddin division, based in south
Sulawesi.
283. In this connection, the Special Rapporteur referred to paragraphs 1, 9
and 18 of the Principles on the Effective Prevention and Investigation of
Extra—legal, Arbitrary and Summary Executions to the principles embodied in
the Universal Declaration of Human Rights and to article 9 of the
International Covenant on Civil and Political Rights. The Special Rapporteur
appealed to the Government to take all measures at its disposal to protect the
life and physical integrity of its citizens and requested information on these
measures as well as on the investigation carried out by the authorities in
those cases.
Government replies
284. On 20 November 1991, a reply was received from the Government of
Indonesia to the Special Rapporteur's cable of 13 November 1991. According to
the reply, it was stated that the demonstration which occurred in Dili, the
capital city of East Timor, had got out of hand when a group of armed people
took to the streets, carrying Fretilin (Frente Revolucionario de Timor del
Este) flags and shouting hostile slogans. Apparently, at the instigation of a
few elements bent on stirring up trouble, the crowd became unruly and began
acting provocatively and violently. The police and security officers
immediately took the necessary measures to restore order and, in doing so,
exercised considerable restraint by using persuasive measures and refraining
from the use of force. It was reported that, initially, 19 people bad been
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killed and 91 injured, two of them critically. The Government of Indonesia
said that it deeply regretted the incident as well as the loss of lives and
other casualties that it had caused, and President Soeharto had issued
instructions for a National Commission of Investigation to be established.
285. On 24 December 1991, a further reply was received from the Government of
Indonesia concerning the events of 12 November 1991. It was stated that the
Government could not lightly accept the allegations that as many as 300 people
had been detained in the aftermath of the incident and that between 60 and
SO people had been shot by the military. Such allegations were not
substantiated by facts and were based only on biased reports. According to
the Government, out of 288 suspects, 42 persons were detained for further
investigations while the rest were subsequently released. While in custody,
the well—being and physical integrity of the detainees was guaranteed. The
Chief of the armed forces, General Sutrisno, categorically denied that
between 60 and SO people had been shot dead on 15 November; in addition,
several days earlier, on 18 November, the chief spokesman for the Indonesian
armed forces had also denied the news report containing that allegation.
286. The Government of Indonesia also stated that some 200 people who had
participated in the demonstration and had fled from the Santa Cruz cemetery
attempted to take refuge in the residence of Bishop Belo. In spite of the
Bishop's refusal to accept them, about 80 people succeeded in entering the
residence. With the agreement of the local authorities, Bishop Belo later
drove them to their respective homes, which took 11 trips by car. In
addition, some 30 people had taken refuge in the premises of the ICRC and were
also subsequently returned to their respective homes. Finally, the Government
underlined that the National Commission of Investigation was still carrying
out its inquiry and that nothing should be done that could prejudice its work.
2. Other cases transmitfljby the Special Rapporteur
287. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Indonesia transmitting 17 cases of alleged summary or arbitrary
executions. It was reported that 56 detainees had allegedly been executed
without trials in Itancong prison, Lhokseumawe, in Aceh. All were reportedly
stripped naked and then shot at Buket Panglima. Three days later, villagers
found the bodies in a ravine, most of them unidentifiable. According to
information received, 20 academics and civil servants, allegedly Merdeka (Aceh
independence movement) activists, had been executed after having been charged
with subversion in Aceh. It was also reported that more than 132 people had
been extrajudicially executed in Aceh between 11 and 30 March 1991 when
Indonesian army units had reportedly raided several villages throughout
Peureulak, putting down the Merdeka movement. Reportedly, some villagers
escaped by boat to Malaysia where they sought refuge. The Special Rapporteur
also sent information concerning death threats against two inhabitants of
East Timor.
288. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Indonesia
to provide hint with information on the above—mentioned cases and, in
particular, on the progress and results of judicial investigations carried out
by the competent authorities.
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Iran. (Islamic Republic, of )
1. Appn ls for urgent action
289. On 2.6 March 1991, the Special Rapporteur sent a cable to the Government
of the Islamic Republic of Iran concerning nine persons who had been sentenced
to death and who were in danger of being executed. According to the
information, the nine were part of a group of 32 alleged drug traffickers
arrested on 12 January 1991 in Urimiyeh, near the Turkish border. On
5 March 1991, it was reported that the 32 persons were arrested after police
had seized 2.4 tonnes of morphine and 52 firearms, and that they bad killed
seven members of the Islamic Republic of Iran 's anti—drug force and captured
nine others in an earlier attack. It was also reported that trials for
capital offences had frequently failed to satisfy minimum international
standards.
290. In this connection, the Special Rapporteur referred to articles 6 and 14
of the International Covenant on Civil and Political Rights. The Special
Rapporteur, reiterating his concern at the unusually high number of executions
reportedly carried out in the islamic Republic of Iran, appealed to the
Government to take all measures at its disposal to ensure that the provisions
and safeguards provided for in the International Covenant on Civil and
Political Rights were fully respected, and requested information on those
measures as well as on the investigation carried out by the authorities in
those cases.
291. On 3 May 1991, another cable was sent to the Government of the Islamic
Repub lie of Iran concerning flassan Zolfahari and Beshar Shahibi who were
allegedly in danger of imminent execution. According to the information,
Messrs. Zolfahari and Shahibi were reported to have been among a group of
combatants of the People's Mojahedin Organization of Iran (PMOI) who had lost
their way during military operations in the border region with Iraq on or
about 25 March 1991. They were said to have been taken prisoner and one of
them was said to have been wounded. According to the information, known
members of the PMOI are gravely at risk of torture and summary or arbitrary
execution under such circumstances.
292. In this connection, the Special Rapporteur referred to General Assembly
resolution 43/173 of 9 December 1988 and the annex thereto containing the Body
of Principles on the Protection of All Persons under Any Form of Detention or
Imprisonment, to articles 3, 5 and 6 of the Universal Declaration of Human
Rights and to article 6 of the International Covenant on Civil and Political
Rights. The Special Rapporteur appealed to the Government to take all
measures at its disposal to protect the life and physical integrity of the
above—mentioned persons and requested information on these measures as well as
on the investigation carried out by the authorities in these cases.
293. On 24 December 1991, the Special Rapporteur sent a cable to the
Government of the Islamic Republic of Iran concerning the imminent
executions of All Reza Hamid Abad, Karim Jokesht and Hamid Kord. According
to the information, these three persons had been arrested on political
grounds approximately I ts months previously and were currently believed to be
held in Dezful. It was feared that they were in danger of execution as their
E/CN.4/l992/30
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relatives had been informed by the prison authorities that the men were no
longer in that prison. No information was available regarding the trial
proceedings nor on their present whereabouts. In addition, it was alleged
that trial proceedings in political cases appeared to fall far short of
international minimum standards: they were often held in camera , they might
last only a few minutes, and defendants had no access to defence counsel.
294. In this connection, the Special Rapporteur referred to the fundamental
principles embodied in the Universal Declaration of Human Rights and
reiterated in the International Covenant on Civil and Political Rights: be
also referred to resolution 1989/64 of the Economic and Social Council which,
at paragraph 1 (b), recoanends that Member States [ provide] for mandatory
repeals or review with provisions, for clemency or pardon in all cases of
capital offence.
295. The Special Rapporteur also expressed his concern about reports of death
threats to Saleh Radjavi who is said to be the representative of the National
Council of Resistance of Iran. It was alleged that this person had received
several threatening letters and, according to the information obtained,
certain Iranian officials had orally disclosed plans to kill him. The source
of the information alleged that, taking into consideration the evidence
obtained by a Swiss judge who had investigated the murder in Switzerland of
Kazem Radjavi (the brother of Saleh Radjavi) concerning the involvement of
certain Iranian officials in the crime, there were sufficient reasons to
believe that the life of Saleh Radjavi was at risk.
296. In this connection, the Special Rapporteur referred to article 3 of the
Universal Declaration of Human Rights and appealed to the Government to take
all measures at its disposal to protect the life and physical integrity of
the above—mentioned persons and requested information on those measures as
well as on the investigation carried out by the authorities in those cases.
Government replies
297. On 24 January 1991, a reply was received from the Government of the
Islamic Republic of Iran, in response to the Special Rapporteur's cable
of 12 December 1990 concerning numerous allegations of executions.
(see E/CN.4/l991/36, paras. 244 to 253). According to the reply, no action
had been taken with regard to accused persons unless ordered by a competent
court and the verdict examined by an appropriate judicial authority.
Further information was given concerning the following persons:
(a) Ainir Taavoniganji, Massoud Keshavarz, Davood Salahshour, Hassan
Salari Hajiabadi, Hassan Saffaran, Mehidi Bolourforosh and Roya Bakbtiyari!
there were no judicial records of executions of these persons;
(b) Abbas Raissi, Naser Sobbani and Mohsen Osman—pour: these persons
were executed after having been condemned by the court on spying charges;
(c) Davoud Mohammadi and Ali Ashraf Moradi: it was stated that these
persons had not been executed for political activities in opposition to the
Government but, according to verdicts of the court, for smuggling 25 kg of
drugs and for having committed premeditated murder, respectively;
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(d) Mohammad Rezai and Seid Salesh ilosseini: these persons had not been
executed; it was stated that both were alive and living their normal lives;
Ce) Cholainhossein Golzar, Gholainhassan Golzar and Reza Khanian: these
persons were executed for the armed robbery of a bank during which people were
killed. The offenders had confessed and the verdicts of the court had been
examined by judicial authorities and confirmed by the Supreme Court;
(1) Nasser Djalali and Nader Fathi: the allegation that these
persons had been extrajudicially executed for having participated in May Day
celebrations was refuted by the Government of the Islamic Republic of Iran.
They were executed in 1989, after having been condemned by the court for their
involvement in rebellious activities in the western part of the country;
(g) Mohammed Heydari: he was among those pardoned by the leaders of the
Islamic Revolution and was set free;
(h) Jamal Cheragh Disi: be was executed after having been condemned by
the court for terrorist activities in the Kurdistan region;
(i) Anvar Shariati: he was also executed after having been condemned
by the court for participating in several armed operations against civilians
resulting in the death and injury of more than 50 people;
(j) Ahmad Mohammadi: he had been involved in smuggling food across the
Iran—Iraqi border and was killed in an armed clash with military forces along
the western border of Iran;
(It) Mohaninad Heydari: he had been extrajudicially executed after having
admitted to have committed acts of pederasty.
298. On 11 November 1991, another reply was received from the Government of
the Islamic Republic of Iran, in response to the Special Rapporteur's cable
of 3 May 1991 (see para. Z91). It was stated that, concerning the cases of
Hassan Zolfahari and Beshar Shaibi, the results of the investigations had
shown no indication of their arrest or judicial sentence. Moreover, the town
where they were said to have been captured was situated in northern Iraq and
since the establishment of the cease—fire between Iran and Iraq, no military
operation bad been carried out by Iranian military forces and no one had been
captured, contrary to what was claimed by the source of information. It was
further stated that the terrorist group to which these persons were said to
have belonged had committed numerous individual and mass killings not only
inside Iran but also against the Sbiah and Kurdish populations of Iraq, and
it had also taken part in carrying out extrajudicial killings alongside Iraqi
forces. The Government also transmitted those extracts of the Constitution of
March 1979 which concerned human rights and fundamental freedoms.
2. Other cases transmitted by the Special Rapporteur
299. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of the Isla mic Republic of Iran transmitting 762 cases of alleged
summary or arbitrary executions covering the period between December 1990 and
July 1991. According to reports received, since the beginning of the year,
E/CN.4/1992/30
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hundreds of people said to have been convicted of political and non—political
offences had allegedly been executed after trials of a summary nature. In
some cases, the alleged offenders were said to have been arrested, tried and
executed within a few days. The defendants allegedly had no right to call
witnesses in their defence or to legal representation, nor had they any
effective right of appeal against the verdict or sentence.
300. It was reported that most of the executions were carried out as part of
a government campaign against possession of and trafficking in drugs. Other
executions were reported for political reasons, murder, rape, armed robbery,
prostitution or disturbing the social order. It was alleged that a number of
political opponents had been executed on non—political charges. Most of the
reported executions were carried out by public hanging. Some persons were
hanged after being given 74 lashes (the number prescribed by the Shariah).
Three persons were stoned to death after 74 lashes, and a man was allegedly
pushed from the top of a cliff. Families were allegedly forbidden to bury the
bodies of their executed relatives in public graveyards; in other cases, they
were not informed of the place of burial.
301. It was also alleged that Guardians of the Islamic Revolution shot dead
Hosein Ahari and Fariba Akhavi, two students at the University of Tabriz, on
20 May 1991. In addition, it was alleged that several women were shot on
15 June 1991 by Guardians of the Islamic Revolution for protesting against the
obligation to wear Islamic dress. It was also reported that Parivash Amen,
aged 19, had died as a result of torture while in detention: she had been
arrested on 24 April 1991 by Guards of the Islamic Revolution allegedly
because she was not dressed in accordance with Islamic regulations.
302. It was reported that political opponents had been attacked outside the
country by agents of the Iranian Government. Such incidents included the
killing of Sbahpour Bakhtiar, the last Prime Minister before the Islamic
Revolution, in Paris on 7 August 1991, and the killing of his secretary,
Katibeh Fallouch. It was also reported that the Iranian Government continued
to endorse the official death warrant and execution order issued against the
person of Salman Rushdie, a novelist of British nationality, and the editors
and translators of his novel The Satanic Versea . In this connection, ilitoshi
Igarashi, aged 44, who had translated the novel into Japanese, was murdered
on 12 July 1991. Alberto Ettore Capriolo, who had translated the novel into
Italian, was stabbed in Milan on 3 July 1991.
303. The Special Rapporteur, referring to the pertinent international
human rights instruments listed in the annex, requested the Government of
the Islamic Republic of Iran to provide him with information on the
above—mentioned cases and, in particular, on the progress and results of
judicial investigations carried out by the competent authorities.
I rag
1. Appealsiox u ig nt action
304. In connection with the hostilities in the Gulf, the Special Rapporteur
made an appeal on 22 January 1991. The Special Rapporteur said that his
mandate reflected the importance attached by the international community to
E/CN.4/ 1992/30
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the protection of the most fundammental of all human rights — the right to
life. It was in situations of armed conflict and hostilities such as existed
in the Gulf region that even greater care had to be taken to ensure that the
violation of the right to life was minimized. He therefore strongly appealed
to all the combatants on both sides of the conflict to adhere to the letter
and spirit of the Geneva Conventions of 1949 and the Additional Protocols.
305. As the Special Rapporteur felt that the situation in Iraq was such that
his appeal alone might not suffice to safeguard the lives and security of
countless numbers of innocent persons not taking part in the acts of violence,
he also addressed, on 19 March 1991, a cable to the Secretary—General of the
United Nations in which he referred to General Assembly decision 44/415 of
4 December 1989. That resolution. invited States parties to disputes to
resort to third—party assistance in the form of a commission of good offices,
mediation or conciliation within the United Nations in order to settle their
disputes by peaceful means. In that connection, the Special Rapporteur
appealed to the Secretary—General to take any measures he might deem
appropriate to lower the level of violence and the consequent loss of life.
305. On 18 March 1991 and again on 27 March 1991, the Special Rapporteur
sent a cable to the Government of Iraq concerning the possible extrajudicial
execution of thousands of persons, including persons who had not taken part in
acts of violence, and the wounding of thousands of others during the course of
the ongoing violence within Iraq. According to information, the following
cities had suffered particularly as a result of the above—mentioned violence:
Amarah, Basrah, I carbala, Najaf, Nasiriya and Samawah in the south; Akra, Mosul
and Kirkuk in the north and in and around Baghdad. Heavy fighting continued
in and refugees continued to flee from those areas. Thousands of persons not
taking part in the acts of violence, including the disabled, women and
children, bad been killed. Countless others had been wounded. Refugees,
particularly those who apparently, actively or passively, had supported the
coalition forces had been the objects of extrajudicial executions. In
addition to killings occasioned by ground attacks, deaths had been caused by
shelling of civilian population centres by government forces.
307. In this connection, the Special Rapporteur referred the Government of
Iraq to the fundamental principles set forth in the Universal Declaration of
Human Rights and in the International Covenant on Civil and Political Rights
which, at articles 3 and 6 respectively, provided that every individual had
the right to life and security of the person, that this right should be
protected by law and that no one should be arbitrarily deprived of his or her
life. In addition, he recalled those minimum humanitarian standards which
were applicable in all situations, including situations of internal violence,
disturbances and tensions, and which could not be derogated from under any
circumstances. The Special Rapporteur appealed to the Government to provide
him with information concerning any measures undertaken to safeguard, to the
greatest extent possible, the lives and physical integrity of all those
affected by the above—mentioned violence.
308. On 4 April 1991, another cable was addressed to the Government of Iraq in
which the Special Rapporteur referred to his communication of 27 March 1991,
and expressed his deep concern at information according to which thousands of
persons, including those who had not taken part in any acts of violence, had
E/CN.4/1992/30
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been killed or wounded by government forces during the course of the ongoing
violence within Iraq. According to information, during attacks on the cities
of Najaf, Karbala, Samawa, Diwania, Nasiriah, Basrah, Amarah, Souq Es Shiokh,
Masharrah and Hula, many persons not taking part in acts of violence,
including women and children, reportedly had been killed both intentionally
and indiscriminately by government forces. In Najaf and in Karbala alone,
thousands of persons had been killed by ammunition fire from helicopters
piloted by government forces. Many persons who had been arrested were said
to have been extrajudicially executed by government forces. During the latest
fighting, hundreds of thousands of Kurdish people fleeing regions which had
been taken by government forces were reportedly being attacked by rocket—firing
helicopter gunships, pursued by tanks and armoured vehicles and pounded by
artillery fire. Many of those people had been killed. Most of the victims
were those who had not taken part in any acts of violence, including women,
children and the elderly.
309. On 9 April 1991, the Special Rapporteur sent another cable to the
Government of Iraq concerning the killing of a number of people who bad
attempted to guard the house of the Grand Ayatollah Abul Qassem Al—Kho'i,
and the detention, by President Saddam Hussein's forces, of the following
persons during the course of the ongoing violence in Iraq: Sayyid Mohanunad
Reza Moubavi Al—Khalkhali, aged 63; Sayyid Ja'tar Bahrul illoom, aged 56;
Sayyid ‘izzaddin Bahrul Ijloom, aged about 55; Sayyid Muhammad Taghi Al Kho'i,
aged 32; Sayyid Muhyeddin Al—Gburaif; Sayyid Muhammad Ridha Al—Kharsan;
Sayyid Muhammad Al—Sabzwari; Sayyid Muhammad Ridha Al—Sa'idi; Sayyid Muhanirnad
Saleh ‘Abd A1-Rasul Al-Kharsan.
310. According to the information, the first four of the above—named persons,
all aides to the Grand Ayatollah Abul Qassem Al—Kho'i, and 10 of his relatives,
including his daughter, son, daughter—in—law and seven of his grandchildren,
aged between 7 and 11, were taken into custody on 20 March 1991 by Iraqi
government forces which had carried out an armed raid on the Grand Ayatollah's
residence in the southern city of Najaf. It was believed that they had been
imprisoned at an unknown place in Baghdad. Five other aides of the Grand
Ayatollah, also named above, were reported missing and were thought to be in
the custody of Iraqi government forces. It was reported that one person,
Sayyid Al—Kharsan, had allegedly been killed by government forces. These acts
were followed by the appearance of the Grand Ayatollah on Iraqi television
where he appeared to criticize the Shiah uprising against the Government of
President Hussein. The Grand Ayatollah, who was said to be 95 years of age
and in poor health, appeared to be acting under duress.
311. In the cables of 4 and 9 April 1991, the Special Rapporteur once again
called to the attention of the Government of Iraq the fundamental principles
set forth in the Universal Declaration of Human Rights and in the International
Covenant on Civil and Political Rights, and appealed to the Government to
provide him with information concerning any measures undertaken to safeguard,
to the greatest extent possible, the lives and physical integrity of those
persons affected by the situation of ongoing violence in Iraq, including those
referred to above.
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GovernmenLxep lies
312. On 28 March 1991, a reply was received from the Government of Iraq in
response to the Special Rapporteur's cable of 18 March 1991, stating that the
responsibility for the allegations transmitted had to be borne by saboteurs
and outlaws supported by foreign groups. It was also stated that attention
should have been drawn to the members of the coalition engaged in the war, and
to the rules and conventions which protect civilians, particularly children,
in times of war.
313. On 19 April 1991, another reply was received from the Government of Iraq
to the Special Rapporteur ss urgent message dated 4 April 1991 stating that the
allegations referred to in the Special Rapporteur's cable were based on
information derived from various groups, and the States backing them, which
had exploited Iraq's difficult circumstances following the foreign aggression
in order to engage in acts of murder 1 pillage and destruction of civil and
governmental institutions. The Iraqi authorities were fulfilling their duty
to protect the security and property of Iraqi citizens, in accordance with the
laws in force. The Iraqi authorities did not need to be reminded of their
obligation to refrain from the use of prohibited weapons in armed conflicts;
the Special Rapporteur t s reference merely reiterated fallacious allegations
which were propagated by well—known parties hostile to Iraq.
314. On 27 April 1991, another reply was received from the Government of
Iraq to the Special Rapporteur 's telegram of 9 April 1991 stating that the
allegations contained in the cable concerning the detention of the ministers
of religion named therein or their subjection to any form of torture or
execution were totally unfounded. Ayatollah Al—Khosi had appeared on Iraqi
television and had received journalists at his residence in Najaf entirely of
his own free will in order to condemn the acts of sedition attributable to a
small group of misguided persons who bad engaged in all forms of murder,
pillage and rape. The Special Rapporteur was urged to refrain from
reiterating the allegations of criminals and those foreign States backing
them. Iraqi forces had put an end to acts of sedition and the disturbances
perpetrated by those outlaws, who had taken advantage of Iraq's difficult
circumstances following the foreign aggression which had attempted to foment
plots against the Iraqi people.
315. On 3 July 1991, another reply was received from the Government of Iraq,
in response to the Special Rapporteur's cable of 4 April 1991, stating that
the allegations transmitted were based on false rumours. The Iraqi authorities
had not indiscriminately bombarded civilian residential areas and their
inhabitants, but had been fulfilling their duty to protect the security and
property of Iraqi citizens in accordance with the laws in force.
2. Other cases transmitted by the Special Rapporteur
316. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Iraq transmitting 273 cases of alleged summary or arbitrary
executions. Widespread human rights violations were reported in Iraq
following the withdrawal of Iraqi forces from Kuwait on 26 February 1991.
Those violations were perpetrated in the aftermath of a mass uprising which
began on 1 March 1991 in several cities in southern Iraq, and which spread to
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the ICurdish regions of northern Iraq. Hundreds of people were reportedly
arrested and tortured and mass extrajudicial killing of individuals suspected
of having taken part in the uprising were carried out by Iraqi military,
intelligence and security personnel. Civilians, including women and children,
were also targeted.
317. It was reported that on 1 March 1991, Arab Shiah Muslim opponents in
southern Iraq rose in revolt against the Government and briefly seized control
of several major towns and cities, including Al—Najaf, ICarbala and Basrab.
Following fierce military clashes between government and opposition forces, by
mid—March government forces had largely succeeded in crushing the uprising.
Thousands of people suspected of having taken part in the uprising were
reported to have been arrested after house—to—house searches, some of whom
were subsequently summarily executed. The fate of others remains unknown.
318. Numerous reports of mass extrajudicial killings were received. Some
concerned the summary execution of an estimated 150 to 170 men and boys
on 16 March 1991 at Al—Mahawil garrison near the city of Al—Hilla. Over
70 unarmed civilians were reported to have been similarly executed in Al—Hilla
on 19 March 1991. It was also reported that between 20 and 29 March 1991,
Iraqi soldiers were said to have entered the town of Al—Samawa and summarily
executed scores of people following house—to—house searches. Reportedly,
bodies of some of those executed were allegedly tied to tanks by government
forces and dragged through the streets of Al—Najaf and were left hanging from
electricity pylons. According to information received, on 9 March 1991, Iraqi
soldiers surrounded the Al—Hula hospital and allegedly threw 60 to 70 people,
including patients and doctors, out of the windows of the third floor; they
were accused of having helped “saboteurs”.
319. On 14 April 1991, 18 men had allegedly been killed and thrown into the
river with their hands tied. It was reported that the 6th Army Division bad
carried out mass executions in Basrah province and had thrown bodies into the
Tigris river. Reportedly, it was forbidden for anyone to remove bodies that
were washed ashore. It was also reported that the bodies of 30 to 35 men were
seen being pushed into the Shatt Al —Arab waters, blindfolded and with their
hands tied and weights attached to their feet.
320. It was also reported that in mid—March 1991, shortly after the recapture
of Al—Najaf by government forces, civilians in the city were ordered to leave
their homes and to walk north towards Karbala. While on the Al—Najaf—Karbala
road, Iraqi forces reportedly separated the men from the women and children,
then summarily executed the men by firing squad. It was also reported that
four bodies of men were seen in a clinic attached to A1—Jumhuri hospital,
located between the A1—Sa'a and Al—Hussain districts of the city; the faces
of the victims bad allegedly been mutilated.
321. Reports were received in mid—April 1991 of the extrajudicial killing of
several hundred civilians from the village of Qara ilanjir (east of Kirkuk).
It was also reported that, on 3 April 1991, Iraqi forces in Sulaimaniya
allegedly executed a number of people accused of collaborating with opponents
of the Government. Among those killed were several doctors accused of
E/CN.4/ 1992/30
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treating wounded Feshmerga fighters. Some 40 unarmed civilians in the village
of Arbat, who were accused of collaborating with opponents of the Government,
had allegedly been burnt to death by Iraqi forces.
322. According to reports received, between 1 and 8 April 1991, hundreds of
Kurds, the majority of whom were civilians, were killed as a result of the
indiscriminate bombardment of residential areas in towns, cities or while
attempting to flee to Iran or Turkey. It was reported that by the first week
of March 1991, ICurdish forces had taken control of Arbil, Sulaimaniya, Duhok,
Zakho and neighbouring towns. The fiercest clashes between government and
opposition forces were reported in the city of Kirkuk. Reportedly, as
government forces began to recapture those towns and cities, there was a mass
exodus of the Kurdish population.- According to reports received, thousands of
men from the city of Kirkuk were arrested in the second and third weeks of
March by the Iraqi regular army, by security, intelligence and Ba'ath Party
personnel, and by members of the Republican Guards. Most of those arrested
were executed shortly thereafter.
323. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Iraq to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
Government reply
324. On 18 December 1991, a letter was received from the Government of Iraq
stating that the competent Iraqi authorities had no information on the persons
mentioned in the letter of 8 November 1991. It should be pointed out in that
respect that the period of unrest was accompanied by armed clashes between the
authorities responsible for security and the elements involved in the unrest.
Following the restoration of the State's authority in regard to law and order,
some of the agitators concerned fled. It is not unlikely that some were
killed during the clashes, as the competent authorities were unable to
identify them all at the time and could not therefore investigate their
whereabouts.
Israe l
I. Appeals for urgent action
325. During 1991, no appeals for urgent action were sent by the Special
Rapporteur.
2. Other cases transmitted by the Special Rapporteur
326. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Israel transmitting 57 cases of alleged summary or arbitrary
executions. It was reported that a Palestinian had allegedly been killed
after being imprisoned on 17 September 1990 at the Khiam detention centre
by Israeli occupation forces in southern Lebanon. According to information
received, on 2 December 1990, a young Palestinian was killed by a border
police officer after stabbing passengers on a bus near Tel Aviv.
E/CN.4/1992/30
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On 30 September 1990, a 5k—year—old man was killed by border police who opened
fire on a crowd after stones had been thrown at them. It was also reported
that 70 people had allegedly been killed by Israeli armed forces in various
circumstances. Some were killed during clashes with troops; others were shot
by troops after ignoring warnings to stop; others were killed in the course
of confrontations after curfew or when trying to escape arrest. During an
incident which occurred on 8 October 1990 on the site of the Al—Agsa mosque,
17 Palestinians were allegedly killed by Israeli police. Reportedly, firearms
continued to be used as a common means of riot control under
official guidelines which appeared to be inconsistent with the internationally
recognized principles of necessity and proportionality in the use of force.
327. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Israel to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
Jamaica
1. p eals for urgentactj
328. On 1 March 1991, the Special Rapporteur sent a cable to the Government of
Jamaica concerning warrants issued for the execution of Earl Pratt and Ivan
Morgan on 7 March 1991. It had come to his attention that, by its decision of
6 April 1989, the Human Rights Committee, acting under article 5, paragraph 4,
of the Optional Protocol to the International Covenant on Civil and Political
Rights, was of the view that the facts as found in communication N. 210/1986
and 225/1987 concerning Messrs. Pratt and Morgan, disclosed violations of
the Covenant with respect to articles 6, 7 and article 14. Accordingly, the
Committee was of the view that the persons concerned were entitled to a remedy,
namely the commutation of their sentence (see document A/44/40, annex X F).
In view of this decision, the Special Rapporteur appealed to the Government to
commute the death sentences of Messrs. Pratt and Morgan.
329. At the time of preparation of the present report, no reply had been
received from the Government of Jamaica.
Jordan
1. Ap ea1s for urgent action
330. On 5 August 1991, the Special Rapporteur sent a cable to the Government
of Jordan concerning the following five persons who had been sentenced to
death and who faced imminent execution: Abdullah Yusuf Abd Al—Muhsen Mansur,
Qasi Subhi Abd al—Rahman Abu Salem, Majed Hasan Dawud Al—Saifi, Muhammed
Hasan Dawud Al—Saifi and Darar Mustafa Dawud Al—Saifi. According to the
information, these persons were arrested in October 1989 and were still in
prison. Mr. Darar Mustafa Dawud Al—Saifi was tried i n . abtentia . It was
alleged that international minimum standards for a fair trial had not been met
during the pre—trial period and during the proceedings themselves, and that
the defendants did not have the right to appeal to a higher tribunal. It was
also reported that Messrs. Abd Al—Muhsen Mansur, Abd Al—Rahman Abu Salem,
E/CN.4/1992/3 0
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Majed Hasan Dawud Al—Salt I and Muhammed Hasan Dawud Al—Sail i bad been tortured
during interrogation by the General Intelligence Department to extract
confessions, which were subsequently used as evidence against the defendants
during their trials. The accused were charged with belonging to an illegal
Palestinian organization, possession and use of explosives for illegal
purposes, and possession for illegal purposes of automatic weapons. The
defendants were convicted in March 1991 by the Martial Law Court and
sentenced to death.
331. In that connection, the Special Rapporteur recalled to the Government
of Jordan the fundamental principles embodied in the Universal Declaration
of Human Rights and reiterated in the International Covenant on Civil and
Political Rights and in the Declaration and the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. He also referred
to article 14 of the International Covenant on Civil and Political Rights and
to the Safeguards guaranteeing the protection of the rights of those facing
the death penalty, approved by the Economic and Social Council by its
resolution 1984/50 of 25 May 1984, as well as to its resolution 1989/64 of
24 May 1989, by which the Council approved the implementation of those
Safeguards. The Special Rapporteur appealed to the Government to take all
measures at its disposal to protect the life and physical integrity of the
above—mentioned persons and requested information on those measures as well
as on the investigation carried out by the authorities in those cases.
2. Other cases transmitted by the Special Rapporteur
332. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Jordan transmitting allegations concerning two people, a
farmer and a pilot of the Jordanian Air Force, who were allegedly executed on
3 February 1991 (location unknown) following trials before martial law courts,
which were said to have failed to meet the minimum international fair trial
standards, in which they reportedly were convicted of treason for spying.
According to the information received, in Jordan, article 19 of the Martial
Law Directive expressly excludes the possibility of appeal to any tribunal,
including the High Court of Justice, against convictions or sentences passed
by a martial law court.
333. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Jordan to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
Government reuly
334. On 17 December 1991, a reply was received from the Government of Jordan
to the Special Rapporteur's letter of 8 November 1991. stating that Ali Abdul
flafidh and Ahmad Muhammad Ahmad were caught in flagrante delicto while
committing high treason. After being confronted with the evidence, they
made a voluntary confession and were sent for trial. They were defended by
lawyers in court in accordance with judicial procedure. On the basis of their
confession before the court, in the light of the conclusive evidence submitted
by the prosecution and in view of their defence counselts inability to refute
E/CN.4/ 1992/30
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the charges brought against them, the competent court found them guilty and
sentenced them to death in accordance with the law. The death sentences were
confirmed after all the requisite legal formalities had been completed. The
sentences of death by hanging were carried out in the presence of a forensic
physician, a minister of religion and those persons whose attendance was
required by law.
Kuwait
1. Appeals for urgent action
335. On 21 June 1991, the Special Rapporteur sent an urgent message to the
Covernment of Kuwait concerning the following persons who had been sentenced
to death by Martial Law Courts: Mankhi Jaber Al—Shammari, aged 23, “bidoun”
(stateless Arab); Fatima Ramez Tafla Tapla, aged 26, Lebanese; Farhan Hajid
Khaiaf, “bidoun ”; Ahmad Fadi Al—Hussaini, Lebanese, former chief editor of the
Kuwaiti newspaper Al—Qab g ; Ibtisam Berto Sulaiman Al—Dakhil, aged 35, former
journalist with Al—Oabas ; Suhail Abdallah Hussain, aged 24, Jordanian, former
employee of Al—Qabas ; ‘Abd Al—Rahxnan Muhaimnad As'ad Al—Hussaini, aged 39,
Jordanian, former editor with the Kuwaiti News Agency KIJNA; Abmad ‘Abd
Mustafa, aged 39, Jordanian, former producer for Kuwaiti television; Hassan
Dawud Sulaiman (full name and details not known); Huhsin Hadi (full name and
details not known); Yusuf ilustafa (full name and details not known); Haxnda
As'ad Yunis, aged 55, Jordanian. According to the information, the death
sentences were handed down between 8 and 20 June 1991. Five of the defendants
were charged, tried and sentenced jg _ absentia . All were charged with
collaboration with Iraqi authorities during the seven—month occupation of
Kuwait.
336. It was alleged that international standards for a fair trial were not
met during the pre—trial period or during the hearings themselves, and that
the defendants did not have the right to appeal to a higher tribunal. In
addition, the defendants did not have adequate time or facilities to prepare
a defence and some of the judges failed to devote adequate time to the
proceedings. The defendants did not have access to lawyers until they
appeared before the judges, although the right to defence during the
prosecution investigatory phase, is guaranteed under Kuwaiti law; moreover,
the defendants were not informed of this right.
337 , It was also reported that much of the evidence used against certain of
the defendants (Ahmad Fadi Al—Hussaini, Ibtisam Berto Sulaiman Al—Dakhil,
Suhail Abda l lah Hussain, Abd Al-Rabman Muhammad As'ad Al—Hussaini, and Hainda
As'ad Yunis) was in the form of hearsay testimony taken by the prosecution
investigator, reporting on the testimony of secret witnesses. In these cases,
the prosecution also used documentary evidence which was not shown to the
defendants , During the trial, the judges did not inform the defendants before
their questioning of their right to remain silent, as reportedly required
under Kuwaiti law. Once tried and convicted by the Martial Law Court
defendants have no right of appeal to a higher tribunal, as required by
international standards. Finally, information was received that some of the
defendants had been tortured while in detention. It was feared that this
E/CN.4/1992/30
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might have had an impact upon the defendants' right not to be compelled to
confess guilt. Moreover, defendants did not have access to independent
doctors while in detention.
338. In that connection, the Special Rapporteur recalled to the Government
of Kuwait the fundamental principles embodied in the Universal Declaration
of Human Rights and reiterated in the International Covenant on Civil and
Political Rights and in the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. He also referred to the
Declaration on the Protection of all Persons from Being Subjected to Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, and
particularly to article 6 thereof, and to the Standard Minimum Rules for the
Treatment of Prisoners. Finally,.he referred to paragraphs 4, 5 and 6 of the
Safeguards guaranteeing the protection of the rights of those facing the death
penalty approved by the Economic and Social Council by its resolution 1984/50
of 25 May 1984. The Special Rapporteur appealed to the Government to take all
measures at its disposal to protect the life and physical integrity of the
above—mentioned persons and requested information on those measures as well
as on the investigation carried out by the authorities in those cases.
Governmen txepii ies
339. On 23 January 1991, a reply was received from the Government of Kuwait in
response to the Special Rapporteur's communication of 22 January 1991, stating
that the Government would comply fully with the 1949 Geneva Conventions and
the Additional Protocols thereto.
340. On 26 June 1991, the Under—Secretary—General for Human Rights received
a telephone communication from the Permanent Representative of Kuwait to
the United Nations Office at Geneva, in reply to urgent appeals made by the
Special Rapporteur on summary and arbitrary executions on 22 and 25 June 1991
concerning the alleged death sentences, by Kuwaiti military courts, of persons
charged with having collaborated with the Iraqi authorities during the
seven—month occupation of Kuwait. The Under—Secretary—General was informed
that the Emir of Kuwait had decided to commute the sentences to life
imprisonment.
2. Other cases transmitted by the Special Rapporteu.r
341. On 18 November 1991, the Special Rapporteur sent a letter to the
Government of Kuwait transmitting information be had received concerning
alleged summary executions and deaths in custody as a result of torture of
Kurds and Palestinians holding Jordanian passports in the aftermath of the
Gulf War. The information received concerned the death of five people between
March and May 1991 who were arrested by Kuwaiti security forces, allegedly on
charges of having collaborated with the Iraqi occupation forces. One of the
victims reportedly died in Al—Addam hospital in early April 1991; his body was
said to have shown marks of torture. The others were reported to have died in
custody, allegedly as a result of torture or extrajudicial execution.
342. In the same letter, the Special Rapporteur also transmitted to the
Government of Kuwait information he had received concerning two allegations of
E/CN.4/ 1992/3 0
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threats of execution and torture, allegedly issued by members of the Kuwaiti
military and the I cuwaiti police. In particular, the Special R.apporteur had
been informed of the following incidents:
(a) In March or April 1991, a Kurd was reportedly stopped at a
checkpoint by three Kuwaitis in military uniforms and taken to a pollee
station. There, he was allegedly beaten and threatened with execution. Upon
his release, he was said to have reported the incident to the police who
refused to investigate, but instead sent him to the Mubara Al-4Caber hospital
where a doctor examined him and provided him with a report;
(b) On 4 April 1991, a Palestinian doctor was reportedly shot in the
head, neck and chest by a policeman at a checkpoint in Hawalli;
343. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Kuwait to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
3. Other inthrmation receivesLby the Special Rapporteur
34%. On 4 April 1991, a communication was received by the Special Rapporteur
concerning a systematic campaign of killing, imprisonment and torture of
Palestinians in Kuwait, after the departure of the Iraqi forces and prior
to the return of the Kuwaiti authorities to the country. According to the
information, on 11 March 1991, mopping—up and pursuit actions were carried
out from house to house against Palestinians in the districts of ilawalli,
Al—Nugra and Al—Salmiyyeh. Hundreds of Palestinians were arrested and
transferred to unknown locations. On 19 March 1991, Mr. Salah Abdel Rahim
(aged 19) alleged that he had been tortured at the hands of Kuwaiti armed
elements at A1—Areidiyeh school, while Mr. Mahmoud Hussein (aged 21) alleged
that he had been subjected to beatings with electrified batons, at the hands
of Kuwaiti armed elements in Al—Jahraa' school.
L QthQ
1. Appeals for urgent action
345. During 1991, no appeals for urgent action were sent by the Special
Rapporteur.
2. Other cases transmitted by the Special .tapporteur
346. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Lesotho transmitting information received concerning the alleged
execution of 34 people during a racial protest directed against Indians and
Taiwanese that had erupted in the capital, Maseru, in Nay 1991. Reportedly,
the protest started after an incident between a black woman and a Taiwanese
businessman. Government forces were said to have intervened and opened fire
on the unarmed black demonstrators, killing 34 people and injuring 66 others.
E/CN.4/ 1992/30
page 90
347. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Lesotho
to provide him with information on the above—mentioned incident and, in
particular, on the progress and results of judicial investigations carried
out by the competent authorities.
Madagascar
I. Appeals for urgent action
348. On 12 August 1991, the Special Rapporteur sent a letter to the Malagasy
Government transmitting allegations that, on 10 August 1991, unarmed civilian
demonstrators gathered in the capital, Antananarivo, to protest against
various government policies. Soldiers of the Presidential Guard used
excessive force in dispersing the crowd and thus caused at least 18 deaths.
349. On 14 November 1991, the Special Rapporteur sent a cable to the Malagasy
Government transmitting allegations that, on 23 October 1991, 12 persons,
including Jean Barton Ramitasoa, aged 22, and Aly Aden Ouarssan, were killed
and at least 70 people were wounded by security forces in Antsiranana.
According to the information, members of He n Velona (People's Committee), an
opposition alliance, gathered in Antsiranana to organize a protest march next
day. Members of the armed forces threw tear—gas grenades and opened fire on
the demonstrators as they were approaching the Governor's residence. The
soldiers are said to have used excessive force against peaceful. demonstrators,
causing 12 deaths.
350. The Special Rapporteur also expressed concern about the incidents
on 10 August 1991, in which the Presidential Guard reportedly killed at
least 30 demonstrators and injured at least 200 more, and about the fact that
no investigation had taken place, according to the information received.
351. In these two communications to the Malagasy Government, the Special
Rapporteur referred to paragraph 4 of the Principles on the Effective
Prevention and Investigation of Extra—legal, Arbitrary and Summary Executions,
adopted by the Economic and Social Council in resolution 1989/64 of
24 May 1989, to the principles set out in the Universal Declaration of Human
Rights and to article 6 of the International Covenant on Civil and Political
Rights , Re also alluded to the Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials, and particularly paragraphs 4, 5, 9
and 10, which are based on the fundamental principle that the amount of force
used should be in proportion to the objective to be achieved. The Special
Rapporteur also appealed to the Government of Madagascar to take all measures
at its disposal to protect the lives and physical integrity of unarmed
civilian demonstrators, requested information on these measures as well as on
the investigations carried out by the competent authorities in those cases.
352. At the time of preparation of the present report, no reply bad been
received from the Government of Madagascar.
E/CN.4/1992/30
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Malaysia
1. Appeals far urgent action
353. On 17 May 1991, the Special Rapporteur sent a cable to the Government
of Malaysia concerning the alleged imminent forced repatriation of
109 asylum—seekers from Aceh , According to information, the asylum—seekers
fled to Malaysia by boat between 15 March and 7 April 1991 from the Aceh
region of the Indonesian island of Sumatra. It was alleged that since 1989,
in the course of attempting to suppress a separatist movement in Aceh,
Indonesia armed forces had committed widespread human rights abuses. During
the past 18 months, more than 2,000 unarmed civilians were said to have been
killed by government security forces in that area. In addition, it was
alleged that hundreds of suspected rebel supporters had been imprisoned
without charge or trial, and that many of them had been tortured or
ill—treated while in custody.
354. In this connection, the Special Rapporteur referred to articles 3, 7
and 14 of the Universal Declaration of Human Rights and to the fundamental
principle of nonzrefoulement to be applied to all asylum—seekers. The Special
Rapporteur appealed to the Government to take all measures at its disposal to
protect the life and physical integrity of the above—mentioned persons and in
addition requested information on those measures as well as on the
investigation carried out by the authorities in those cases.
355. On 5 August 1991, the Special Rapporteur sent a cable to the Government
of Malaysia concerning the following persons who had been sentenced to death:
Atari Paweel (Filipino), Radja Sappayani (Filipino), Mario Eppa (Filipino),
Jul Alih (Filipino), Abdul Rizal Cesar (Filipino), Hassim 115 Escandar
(Filipino), Antoni Julkani (Filipino), Khairulla Than (Pakistani), Shorin Than
(Pakistani), Ku llah Lawari (Filipino), Edjing Abdullah (Filipino),
Antoni Najali (Filipino), Assidin Itting (Filipino), Rudi Jainjali (Filipino)
and Talib Sabijuan (Filipino). According to the information, the above—listed
persons were convicted of committing drug offenses in the State of Sabah.
Messrs Paweel, Sappayani, Eppa, A lih and Rizal Cesar were awaiting an appeal
for clemency to the Head of State of Sabah. Messrs. Escandar, Julkani,
Khairu lla Rhan, Shorin Khan, Lawari, Abdullah, Najali, Itting, Jamjali and
Sahijuan had appealed for a fresh hearing in the Supreme Court. Under a
1983 amendment to the Dangerous Drugs Act of 1952, the death penalty was
mandatory for those convicted of drug—trafficking in Malaysia. It was alleged
that minimum international standards for a fair trial had not been met in the
pre—trial phase or during the proceedings. Reportedly, the persons concerned
had been tortured in detention and had been forced to sign statements written
in Malay, which they were unable to read or understand.
356. In that connection, the Special Rapporteur referred to the fundamental
principles embodied in the Universal Declaration of Human Rights and
reiterated in the International Covenant on Civil and Political Rights and in
the Declaration and the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. In addition, be referred to the Standard
Minimum Rules for the Treatment of Prisoners, and to the Safeguards
guaranteeing the protection of the rights of those facing the death penalty,
E/CN.4/l992/30
page 92
approved by the Economic and Social Council by its resolution 1984/50 of
25 May 1984, as well as to Economic and Social Council resolution 1989/64 of
24 May 1989, implementing those Safeguards. The Special Rapporteur appealed
to the Government of Malaysia to take all measures at its disposal to protect
the life and physical integrity of the above—mentioned persons and in addition
requested information on those measures as well as on the investigation
carried out by the authorities in those cases.
357. At the time of preparation of the present report, no reply had been
received from the Government of Malaysia.
Mali
1. Appeal for urgei lt action
358. On 25 March 1991, the Special Rapporteur sent a cable to the Government
of Mali about clashes between unarmed demonstrators and the police or security
forces in Bamako on 22 and 23 March 1991, in which at least 150 people were
reported to have been killed and others were said to have been wounded.
According to the information received, the unarmed civilian demonstrators
gathered in the capital, Bamako, to protest against various government
policies. The police or security forces used excessive force against the
crowd, causing at least 12 deaths. On 23 and 24 March 1991, the demonstrators
gathered once Bore, partly in response to the violent repression the day
before; excessive force was used yet again against the crowd, producing a
large number of victims: 150 after the two days. Moreover, many protesters
are said to have been wounded.
359. In this connection, the Special Rapporteur referred to article 3 of the
Universal Declaration of Human Rights and article 6 of the International
Covenant on Civil and Political Rights. lie also drew the Government's
attention to the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials and particularly paragraphs 4, 5, 9 and 10, which are
based on the fundamental principle that the amount of force used should be in
proportion to the objective to be achieved.
360. At the time of preparation of the present report, no reply had been
received from the Government of Mali.
2. Other case& _ transmitteil by the S pecial Itapporteur
361. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Mali transmitting information he had received concerning the
alleged extrajudicial execution of at least 90 members of the Tuareg and
Moorish ethnic groups by the Armed Forces in northern Mali. Those killings,
which were said to have occurred on 12 May 1991 and 21 June 1991, took place
despite the January 1991 Tamanarasset peace agreement between the Malian Armed
Forces and a separatist group in northern Mali. In another incident on
20 May 1991, 35 prisoners of the Tuareg and Moorish ethnic groups were
allegedly executed at Léré prison.
E/CN.4/1992/30
page 93
362. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Mali to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
Mauritania
I. Appeal for urzent action
363. During 1991, no appeal for urgent action was sent by the Special
Rapporteur.
Government reply
36 e. On 16 January 1991, the Government of Mauritania answered the Special
Rapporteur's letter of 6 November 1990 (see E/CN.4/199l/36, paras. 306—307)
and said that Mauritanian law guaranteed the right to life and that the State
afforded protection and safety for all citizens, without any distinction;
judicial bodies were accessible to all citizens in accordance with their
rights and all cases brought before them were elucidated and examined within a
reasonable period and no one could escape punishment under the law once he was
found guilty. Nevertheless, for more than a year special circumstances bad
prevailed in the southern part of the country and Mauritania was not
responsible for them.
2. Other cases transmittecLby the SpeciaiLlapporteur
365. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Mauritania transmitting information he had received according to
which more than one hundred members of the Hal—Pulaar ethnic group had
allegedly been executed without trials, or had “disappeared” after being
arrested by members of the Security Forces of the country in early 1990. In
the same letter, information concerning other incidents of extrajudicial
executions were transmitted to the Government. One concerned 33 soldiers who
were reportedly executed without any trial while detained in Inoj Prison on
27 November 1990. The other concerned 60 soldiers who had allegedly died as a
result of torture in the army quarters of Aleg and Akjoujt in late 1990.
366. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Mauritania
to provide him with information on the above—mentioned cases and, in
particular, on the progress and results of judicial investigations carried out
by the competent authorities.
Mexico
I. Appeal for urgent action
367. During 1991, no appeals for urgent actions were sent by the Special
Rapporteur.
E/CN.4/ 1992/30
page 94
2. Other cases transmitted by the Special Rapporteur
368. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Mexico transmitting information he had received on a number of
incidents.
(a) On 19 October 1989, one man was reportedly arrested by agents of the
Federal Judicial Police during an anti—narcotics campaign directed at a
community of 3,000 people in the poppy—growing region of San Francisco de
la Joya, Chihuahua. After taking him to a hotel room rented by them, the
police officers allegedly tortured and killed him;
(b) On 5 March 1990, another man was reported to have died after having
been detained by the military in connection with an investigation Into the
sale of drugs;
(c) On 6 March 1990, a member of the Revolutionary Democratic Party
(Part ido Democrético Revolucionario — PDR) was reportedly killed by police
officers. Together with about 50 others, he had occupied the municipal
offices of Ometepec, Guerrero, in order to protest against electoral fraud.
Allegedly, the police surrounded the building and, after throwing tear—gas
grenades, opened fire on the protesters;
(d) On 23 April 1991, an activist of the Frente Democrático _ Orj utal de
N xico_Eniii.arn Japata (FDOMEZ), an indigenous organization representing
200,000 Nahua and Huasteco indigenous people living in the States of ¶Jeracruz
and Hidalgo, was killed, allegedly by members of the Armed Forces and related
paramilitary groups;
(e) On 10 March 1990, the director of a weekly magazine in Tula, State
of Hidalgo, was killed, allegedly by members of the anti—riot police who were
said to have set up a road—block for the purpose of extortion.
369. According to the information received, in the cases referred to under (a)
to (c) above judicial investigations and procedures concerning those
responsible had not been carried out. The same allegation was made with
regard to the case of a Mexican lawyer and three teachers from Venezuela,
reportedly abducted on 22 February 1990 in the town of Culiac&i and later
killed by agents of the Federal Judicial Police. It was reported to the
Special Rapporteur that no progress had been made in the investigation into
those killings.
370. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Mexico to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
EfcN.4 /l992130
page 95
Government replies
371. On 23 January 1991, a reply was received from the Government of Mexico in
response to the Special kapporteur's letter of 9 November 1990, concerning
numerous allegations of executions. Further information was given concerning
the following persons:
(a) Agustin Perez Contreras (see document E/CN4/1991/36,
para. 315 (c) (ii)): the National Commission on Human Rights (ONDH) had noted
discrepancies between the death certificate issued by the representative of
the Federal Prosecutor's Office, the coroners' report and the report delivered
by the Chief of the Judicial Police when he handed over the body of
Mr. Perez Contreras to the Judicial Police. Futhermore, the Commission
recommended to the Attorney—General of the Republic that an investigation be
carried out into the responsibility of members of the Federal Police in the
death of Mr. Perez Contreras, and the action of the representative of the
Prosecutor's Office in the investigation of the events of 5, 6, and 7 May 1990
in the town of Aquilille, Michoacén;
(b) Adelaida Barrera Sanchez, Ismael Reyes de la Cruz and Antonio Pablo
Terrero (see para. 315 (b) (ii)): the investigation conducted by the Office
of the Attorney—General of the State of Guerrero led to the identification of
the persons responsible for the death of the above—mentioned persons and
established that they had resulted from quarrels. On 12 February 1990, a
detention order had been issued in respect of the perpetrators who had been
held since 8 February 1990 at the disposal of the Judge of First Instance in
both civil and criminal cases in the Judicial District of Guerrero;
(c) Santos lternández Garcia (see para. 315 (b) (v)) and
Florentino Salmerdn (see para. 315(b) (vi)): the two men died in a clash
between the police and a group of marchers belonging to the PRD at
kilometre 227 on the Zibuatanejo national highway, as a result of the group's
determination to take over illegally the international airport in that town.
This constituted an offence against security, law and order, and the normal
functioning of means of transport, and had been prevented by members of the
police. In connection with this incident, an investigation had been carried
out and, after the ballistics test, it bad been concluded that the impact of
the shot which killed Mr. Salmerón Garcia did not match the calibre of
firearms used by the police.
372. On 9 April 1991, another reply was received from the Government of Mexico
further to its communication of 23 January 1991. Reference was made to the
following cases:
(a) José Antonio Simón Zamora (see para. 315 (a) (iii)): the competent
authority had carried out a preliminary investigation and two alleged
perpetrators of this crime were now in custody. A number of formalities still
had to be completed to enable the judge to conclude the investigation;
E/CN.4/1992/30
page 96
(b) Erick Dante Quijano Santoyo, Jaime Mauro Quijano Santoyo and
Hector Ignacio Quijano Santoyo (see para. 315(c) (i)): on 23 January 1991,
the National Commission on Human Rights addressed the following
recommendations to Enrique Alvarez del Castillo, Attorney—General of the
Republic:
(1) In investigating the events which occurred on 14 January 1990
in front of No. 1, Paseo de 1a Escondida, Fraccionamiento
Hacienda Ojo de Agua, Municipality of de Tecainac, Federal
District, and in which Erick Dante Quijano Santoyo, Jaime Mauro
Quijano Santoyo and Hector Ignacio Quijano Santoyo had lost
their lives, the Office of the Attorney—General of the
Republic, making full use of all available, legal and human
resources, should open a preliminary inquiry to establish the
actual circumstances in which those events had taken place;
that the inquiry should examine the conduct of the following
officers of the Federal Judicial Police: Manuel Raxuón Olivos
Madrid, assigned Head of Group; Roberto Alejandro Velázquez
Quiroz, Read of Group P—3935; Hector Arturo Rojas Diaz,
Second—in—Command of Group P—3ll2; Arturo Vanegas Mendoza;
Carlos J. DAvila Cano; the Chief of Police, Fernando Ventura;
members of the so—called “ Tiburón ” group; and all those not
included in this list who may have taken part in this
operation, and who may have committed homicide, torture and
unlawful deprivation of freedom;
(ii) While the recommended investigation is in progress, the Chiefs
of Police, Reads of Group and Officers listed above should be
suspended from duty;
(iii) If the investigation were to establish that these public
servants were responsible for one or more wrongful acts,
criminal proceedings should be taken against them;
(c) Paulino Martinez Delia and Bonifacio Nerino Delia
(see para. 315 (a) (i)), Manuel Velazco Ortega (see para. 315 (a) (ii)),
Santiago Merino HernAndez (see para. 315 (a) (iv)) and Juan Domingo
Perez Castillo (see para. 315(a) (v)): the National Commission on Human
Rights had requested from the Attorney-General's Office of the State of Oaxaca
information about the progress of the investigations concerned.
373. On 9 October 1991, a communication was received from the Gàvernment of
Mexico in response to the Special Rapporteur's letter of 11 July 1990
transmitting the text of a speech made on 26 September 1991 by the President
of the National Coninission of Human Rights (CNDH), Jorge Carpizo, concerning
the murder of Norma Corona Sapiens (see para. 310 (a)). According to the
investigation undertaken, the JNDH considered the evidence strong enough to
begin criminal proceedings against the former Director of the Federal Judicial
Police, Mario Alberto Gonzalez Treviffo, and a number of officers in his
service.
E/CN.4/1992/30
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3. Additional information received by the Special Rapporteur
374. The Special Rapporteur received information from several non—governmental
sources concerning the extensive use of violence by members of the Federal
Judicial Police, especially its anti—narcotics trafficking division, and the
Armed Forces. The Special Rapporteur has also been informed of widespread use
of violence by the State Police Forces in several States of the country. In
particular, it was alleged that repression against indigenous communities had
increased over the last five years in the context of land disputes. Death
threats and other acts of intimidation directed against journalists were also
reported to have been widespread.
375. The Special Rapporteur also received information about the
inauguration of the National Human Rights Commission by the Mexican President,
Carlos Salinas de Gortari, in June 1990. The Special Rapporteur noted with
satisfaction that this Commission had taken up its work with great commitment,
undertaking investigations into several cases of human rights abuses and
making public their results.
Morocco
1. Appeal fox urgentaction
376. During 1991, no appeal for urgent action was sent by the Special
Rapporteur.
Government reply
377. On 1 February 1991, the Government of Morocco, in reply to the Special
Rapporteur's communication of 9 November 1990 (see E/CN.4/1991/36, para. 330),
referred to allegations that 24 prisoners among the officers and
non—commission officers involved in attempts on the life of the ICing in 1971
and 1972 had died. According to the communication, despite the extreme
seriousness of such acts, which were punishable by death under Moroccan law,
these military personnel were tried and sentenced to terms of imprisonment and
not executed. No execution had taken place in Morocco since 1982, as stated
in Morocco's second periodic report, submitted to the Centre for Human Rights
(CCFR/C/42/Add.l0) and considered on 7 and 8 November 1990. The cases
mentioned in the allegations were transmitted to the Advisory Council on Human
Rights, which was to examine them in the light of an inquiry conducted with
the competent military authorities. The follow—up to the Advisory Council's
recommendations to the King would be communicated to the Special Rapporteur on
completion of the work of the meeting of March 1991.
2. Other cases _ transmitted by the Special Rapporteur
378. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Morocco transmitting information he had received about incidents
of alleged summary and arbitrary executions as a result of torture during
periods of detention in custody ( garde a vue ) at different Moroccan police
stations. In March 1989, one man had died, reportedly as a consequence of
torture, while detained at the police station of Ouarzazate. On
10 August 1989, in Larache, Province of Tanger, one person had died at the
E/CN.4/1992/30
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local police station, allegedly after torture. Members of the police were
said to have been responsible for both cases. According to the information
received, no official inquiries had been carried out. On 20 March 1991, in
Tetuan Civil Prison, one political prisoner was said to have died in custody.
Allegedly, Government authorities were responsible for his death. On
18 April 1991, one student had reportedly died and ten others were wounded
when members of the Security Forces entered the Medical Faculty of the
Hassan II University in Casablanca to break up a student demonstration for
better working conditions at the university.
379. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Morocco to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
Government reply
380. On 18 December 1991, the Government of Morocco, replying to the Special
Rapporteur's letter of 8 November 1991, transmitted information on the
following three cases:
(a) Abdeljalil Yakouti: He used his shirt to hang himself at the police
station in Ouarzazate. A preliminary investigation was initiated with the
Ouarzazate examining magistrate;
(b) Abdeslam Ouahabi: He hanged himself at the police station in
Larache. He had tied a piece of material to the electric wiring along the
ceiling of his cell and killed himself by putting it around his neck;
(c) Larbi Charrat: He hanged himself. A preliminary investigation was
initiated with the Kenitra examining magistrate.
The Moroccan reply also spoke of the conditions in prisons in Morocco,
describing in detail the efforts by the Prison Administration to make
significant improvements in conditions.
Mvanmar
I. Aspeals for urgent action
381. On 25 April 1991, the Special Rapporteur sent a cable to the Government
of Myanmar concerning a death sentence passed on 3 April 1991 by a military
tribunal on Soe Lwin alias Maung Soe, aged 21, and Win Naing alias Na Kok,
aged 23, after they were found guilty of the murder of seven persons,
including a police warrant officer, on 10 August 1988. According to the
information, the trials of these two persons were held under martial law
orders 1/89 and 2/89 which allegedly permitted military tribunals to conduct
trials without the safeguards stipulated in article 14 of the International
Covenant on Civil and Political Rights.
382. In that connection, the Special Rapporteur referred to the letter
addressed to him on 13 December 1989 by the Permanent Representative of
E/CN.4/1992/30
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Myanmar to the United Nations Office at Geneva affirming, inter qua , that in
Myanmar no death sentence had been carried out in the past several years
(except in the case of a foreign national responsible for a bomb explosion in
Yangon in 1983). He also referred to 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” and to article 14 of the
International Covenant on Civil and Political Rights. He also referred to
paragraph 4 of the Principles Relating to the Effective Prevention and
Investigation of Extra—legal, Arbitrary and Summary Executions adopted by the
Economic and Social Council in resolution 1989/65 of 24 May 1989, to the
principles embodied in the Universal Declaration of Human Rights and to
article 6 of the International Covenant on Civil and Political Rights. The
Special Rapporteur appealed to the Government to take all measures at its
disposal to protect the life and physical integrity of the above—mentioned
persons and requested information on those measures as well as on the
investigation carried out by the authorities in those cases.
Government reply
383. On 28 March 1991, a reply was received from the Government of Myanmar to
the Special Rapporteur's letter of 6 November 1990 (see E/CN.4/199l/36,
para. 332) concerning incidents in Mandalay in August 1990. It stated that
the allegations had emanated from unsubstantiated reports based on distorted
and incorrect information on the developments in Myanmar. What actually
transpired in Mandalay in August 1990 was the following: Since 1 August 1990,
there had been intrigues and attempts by anti—government disruptive elements
to observe the second anniversary of the so—called “four—eights day” which
fell on 8 August 1990. Those elements carried out a variety of subversive
activities in order to create disturbances and spread false rumours to the
effect that, following student unrest in some high schools security forces bad
opened fire on the students, resulting in the death of two boys and one girl
and that two monks had been bayoneted to death.
384. The series of events that had given rise to these rumours began
on 3 August 1990 when some students of No. 13 high school in Mandalay shouted
political slogans. One student by the name of Ngwe Soe, furious with other
students who declined to take part in this activity, broke a glass window and
injured himself. He, however, maliciously spread rumours to the effect that
he had been attacked by the security forces and had obtained his injuries from
a bayonet. In the ensuing scuffle between some parents taking their children
home and certain monks, a novice, Shin Eindaw Bhasa, was injured in the head.
He was promptly and properly treated at the monks' ward of the People's
Hospital.
385. The Government noted that utmost care had been taken by the security
forces to avoid use of force to the extent possible. As was always the
strictly observed rule in controlling riots and mobs in Myanmar, the use of
force was resorted to only when absolutely necessary and only to the extent
commensurate with the requirement. Nevertheless, foreign news agencies and
broadcasting stations, having hostile attitude towards the Government of
Myanmar, transmitted distorted reports about the incidents, and it was
regretted that those unfounded reports somehow found their way to the Special
Rapporteur.
E/CN.4/1992/30
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2. Other cases transmit tad by the SpeciaLitapporteur
386. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Myanmar transmitting information he had received concerning the
following incidents;
(a) Five people were reportedly sentenced to death by a military
tribunal sitting at Yangon Military Headquarters on 6 March 1991. The
proceedings were said to have been summary and allegedly failed to meet
minimum international standards for a fair trial;
(b) On 9 November 1990, a senior member of the National League for
Democracy (NLD) died in a military detention centre north of Yangon. It was
alleged that the prisoner had died as a result of torture;
(c) Six prisoners in Insein Prison in Yangon were allegedly
extrajudicially executed on 18 September 1990. It was reported to the Special
Rapporteur that a number of political prisoners at the prison had gone on
hunger strike in order to protest, among other things, poor prison conditions,
torture and ill—treatment. During the suppression of the hunger strike, the
prisoners were reportedly beaten. Six of them allegedly died and over 40 were
hospitalized.
387. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Myanmar to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
Nicaragua
1. Appeal for urgent action
388. On 3 June 1991, the Special Itapporteur sent a cable to the Government of
Nicaragua in connection with Raymond Genie Pemalba, who had reportedly
received death threats. Mr. Genie Pemalba's son, Jean—Paul Genie, was,
according to complaints laid, killed by paramilitary or government gunmen on
28 October 1990 on the road from Managua to Masaya. Since then,
Mr. Genie Pemalba has made active efforts to have the case investigated
properly and the people responsible brought before the courts. For some days
after the killing, Mr. Genie Pemalba received a number of anonymous telephone
calls voicing threats to kill him and his family. According to the
information, on the night of 24 January 1991 someone he did not know
approached Mr. Genie Pemalba claiming to be a former member of the Sandanista
army and asking him to read a note containing details of a plan to assassinate
Humberto Ortega. He also asked Mr. Genie Pemalba to collaborate.
Mr. Genie Pemalba's reply was in the negative and he said that the only thing
he wanted in connection with his son's death was justice under the law. The
individual none the less suggested that, if Mr. Genie Pemalba changed his
mind, he should meet him that night at the place where his son had died.
Mr. Genie Pemalba did not go. As a result of these incidents,
Mr. Genie Pemalba, fearing for his life and physical integrity, got in contact
with the Special Rapporteur asking him to take the appropriate steps.
E/CN.4/1992/30
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389. In this connection, the Special Rapporteur referred to paragraph 4 of the
Principles on the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions, adopted by the Economic and Social Council
in resolution 1989/65 of 24 May 1989, to the principles set out in the
Universal Declaration of Human Rights and to article 6 of the International
Covenant on Civil and Political Rights. In addition, since the person in
question regularly cooperated in United Nations procedures for the protection
of human rights, the Special Rapporteur also referred to Commission on Human
Rights resolution 1991170 of 6 March 1991, which urged Governments to refrain
from all acts of intimidation or reprisal against private individuals and
groups who seek to cooperate with the United Nations and representatives of
its human rights bodies. The Special Rapporteur appealed to the Government to
take all measures at its disposal to protect the life and physical integrity
of the above—mentioned person. In addition, he requested information on those
measures, as well as on the investigations by the authorities into these cases.
Qp g jnen t xepli
390. On 7 August 1991, a reply was received from the Government of Nicaragua
in response to the Special Rapporteur's cable of 3 June 1991, stating that no
complaint from Mr. Genie Pemalba concerning threats against his life and
physical integrity or those of his family had been received at either police
headquarters or at the Ministry of the Interior. It was further stated that
the Ministry of the Interior had been prepared to provide Mr. Genie Pemalba
and his family with the necessary protection in the event that the
above—mentioned threats proved to be real.
2. Other cases t ransmitfld. by the Special RapporS ssr
391. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Nicaragua transmitting information he had received concerning
the alleged summary or arbitrary execution of 59 persons. During two
incidents at Nueva Guinea, Yolaina, in November 1990, seven peasants were
killed and 24 others wounded during non—violent demonstrations in favour of a
dismissed rural police chief and social and economic benefits, reportedly by
members of the Pedro Altamirano” Any Batallion in cooperation with national
and local police forces. The other allegations transmitted to the Government
of Nicaragua concerned the killing of 17 persons during the second half
of 1990 , The victims were reported to be former combatants of the Nicaraguan
Resistance (Resistencia NicaragUense — RN), an armed group which had
militarily opposed the Sandinista Government. Members of the police and the
army, together with armed civilian Sandinistas, were said to have carried out
these killings. One death was reported to have taken place in the context of
violent disputes over land distribution which allegedly occurred towards the
end of 1990, when former “contra ' t members complained about delays in being
provided with land.
392. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Nicaragua
to provide him with information on the above—mentioned case and, in
particular, on the progress and results of judicial investigations carried out
by the competent authorities.
E/GN.4/1992/30
page 102
Government reply
393. On 27 December 1991, a reply was received from the Government of
Nicaragua to the Special Rapporteur's note of 8 November 1981, transmitting
information on the following specific cases:
(a) The Yolaina case. People demobilized from the former Frente Sur de
la Resistencia Nicaragiiense (Southern Front of the Nicaraguan Resistance),
together with civilian returnees and inhabitants of Yolaina and some adjoining
districts, gathered for a march to Nueva Guinea. The purpose was to protest
against the disarming of the rural police assigned to the area, in response to
the notorious lack of discipline of the chief of the local force,
Mr. Erwin Barberena Morales. The march lacked the authorization needed for
this type of demonstration. The local police repeatedly tried to persuade the
demonstrators to give up the march. Subsequently, the Minister of the
Interior expressly prohibited the demonstrators from moving off towards
Nueva Guinea. To carry out their orders, the police set up police barriers on
the road to Nueva Guinea and told the demonstrators that they could move about
inside Yolaina but not march towards Nueva Guinea. The community none the
less insisted on the march. On 28 October, at 10 a.m., the demonstrators
arrived at the first police barrier. First there were accusations and insults
on both sides and then the demonstrators threw stones, sticks and other
objects at the police. Five civilians and one policeman were wounded as a
result of this clash, and one person died and four were wounded in a further
clash next day. The case was heard by the Military Court of First Instance of
the Military Prosecutor's Office of the Fifth Military Region. In a ruling on
6 November 1991, the court dismissed the proceedings for homicide and assault
brought against active servicemen José Benitez Soza, José Francisco
Lagos Nüiiez and José Sevilla Loza. The ruling was based on article 28,
paragraph 3, of the Criminal Code, in other words, the verdict was that they
acted in accordance with their lawful duties;
(b) Jean—Paul Genie. The case of the murder of this boy is being
investigated at the present time by the regional human rights body for the
Americas, the Inter—American Commission on Human Rights. The complaint in
this case (10,792) was sent by the Commission's Assistant Executive Secretary
to the Government of Nicaragua in a note dated 22 July 1991. The request for
information therefore precedes the request made by the Special Rapporteur of
the Commission on Human Rights on summary or arbitrary executions, which is
dated 8 November 1991;
(c) Case of Nueva Guinea (Yolaina Mountain's). On 8 November 1991, the
Military Court of First Instance of the Military Prosecutor's Office of the
Fifth Military Region of the Armed Forces stayed the proceedings against
Erwin Barberena Morales, Leoncio tJrbina Amador and José Castellón Lopez for
sedition and intentional homicide. The same court also dismissed the
proceedings against Erwin Rivera Brizuela, Yader Gut iérrez Velázques and
Miguel Centeno Séenz, military personnel on active duty, for intentional
homicide and assault. It was held that they are not criminally responsible
for having acted in accordance with their duty and had been compelled by a
pressing need to save themselves from serious danger that included risk to
their own lives.
K/ON 4/1992/ 30
page 103
3. Additional information received by the Special Rapoorteur
394. The Special Rapporteur received further information according to which
two amnesty laws were passed in Nicaragua which might allegedly block
investigations into past human rights violations.
Niger
1. Appeals for urgent action
395. During 1991, no appeals for urgent action were sent by the Special
Rapporteur.
2. Other cases transmitted by the Special Rapporteur
396. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Niger transmitting information he had received concerning the
alleged extrajudicial execution by members of the army in Nay 1991 of
63 people in Tchintabaraden, department of Taboma, in northern Niger.
Reportedly, these executions were carried out in retaliation for an earlier
attack by rebels of the Tuareg minority ethnic group.
397. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Niger to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
Nigeria
I. Appeals fo x urgent action
398. On 18 January 1991, the Special Rapporteur sent a cable to the Government
of Nigeria concerning some 40 persons who had been convicted by the Robbery
and Firearms Tribunal and sentenced to death. Allegedly, there was no right
of appeal to a higher tribunal although those condemned could petition to the
relevant State Military Governor. The following cases were alleged:
(a) Anambra State
Ci) John Ezugwu was convicted and sentenced to death. A plea for
clemency was submitted to the Military Governor, allegedly
accompanied by new evidence which was not available at the
trial. Gabriel Ali also was convicted and sentenced to death;
(ii) It also was alleged that 10 persons whose names are not known
were convicted and sentenced to death.
(b) Lagos State
(i) Sheidi Bukari, Mohanined Rassan, Ibrahim Abdulkareem,
Fatai Taiwo, Tajudeen 4mady and Atanda Abel were convicted and
sentenced to death by firing squad;
E/CN ,4/1992/30
page 104
(ii) Another person, Olusegun Falase, received a sentence of
18 years imprisonment;
(iii) It was alleged that six persons whose names are not known were
convicted and sentenced to death.
(c) Ondo State
(1) Oluranti Olasoji and Akinsanmi Alfonso were convicted and
sentenced to death by firing squad;
(ii) It also was alleged that two persons whose names are not known
were convicted and sentenced to death.
399. On 28 January 1991, another cable was sent to the Government of Nigeria
concerning 12 young men who had been convicted and sentenced to death by the
Robbery and Firearms Tribunal in Ikeja, Lagos State, in June 1988, and were
thought to be facing imminent execution. The 12 were named as:
Augustine Eke, Kiki Francis, Isa Garuba, Mohammed Garuba, Saidu Garuba,
Oluwole Jitrey, Mohammed Ibrahim, Kabiru Mohammed, Shahabu Mohasu,
Awuji Roshe, Mohammed Sani and Jubril Sumaila. The Special Rapporteur had
already referred to these cases in his letter of 9 November 1988 addressed to
the Permanent Representative of Nigeria to the United Nations Office at Geneva
and had included this reference in his report submitted to the forty—fifth
session of the Commission on Human Rights (E/CN.4/1985/25, para. 197 (a)) , It
was alleged that the 12 persons had no right of appeal to a higher court and
that their trial was marked by a series of procedural irregularities. It
further was alleged that Augustine Eke was only 14 years old at the time of
his arrest in 1984. It was also reported that a thirteenth accused,
Alkasu Mantunan, died during the trial, apparently from lack of medical care.
The informat ion received also indicated that the lives of the above—mentioned
persons were at grave risk owing to harsh prison conditions and a lack of
appropriate medical care.
400. In connection with the above two cases, the Special Rapporteur referred
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 May 1984. He appealed to the Government to take all measures at its
disposal to protect the life and physical integrity of the above—mentioned
persons and, in addition, requested information on those measures as well as
on the investigation carried out by the authorities in those cases.
401. On 26 August 1991, the Special Rapporteur sent another cable to the
Government of Nigeria concerning 13 persons convicted and sentenced to death
by the Robbery and Firearms Tribunal in three jurisdictions, following trials
which may have failed to meet minimum standards for fair trial, and also were
thought to be facing imminent execution. According to the information,
Benjamin Chukwu, aged 42, was reportedly convicted and sentenced to death on
26 September 1990, by a Robbery and Firearms Tribunal in Owerri, Imo State.
Solomon Adebanji, Morufu Taiwo and Tajudeen lisa, aged between 28 and
34 years, were reportedly convicted and sentenced to death in early May 1991
E/CN.4/ 1992/30
page 105
by the Robbery and Firearms Tribunal in Lagos State 4 Nine men (names and
other details unknown) were reportedly sentenced to death on 16 May 1991 by
the Robbery and Firearms Tribunal in Ikot Ekpene, Cross River State.
402. The Special Rapporteur also referred to information according to which,
in 1991 alone, 15 persons were known to have been executed pursuant to
convictions and sentences handed down by Robbery and Firearms Tribunals in
various jurisdictions. The details were as follows:
(a) On 23 or 24 March 1991 in Akwa Ibom State, the following were
convicted and sentenced to death by firing squad: Mf on Jackson,
Sunday Isiah Akpan, Udo Akpan Ekpo, Sunday Jacob Aki, Okon Friday David,
Emmanuel Efiiong Udo Udo, Okon Uduofo, Nsini Udofia Ukpong, Udo Okon Alcpan,
Friday Udofia and Okon Yong;
(b) On 10 April 1991, Godwin Nkem and Joseph Nwole were executed in
public before hundreds of spectators in Nguru, Borno State; the date and place
of their conviction is unknown;
(c) On 16 May 1991, Saidu Angare and Hassan Umaru, both from the
Republic of Chad were executed in public in Jos, Plateau State; the date and
place of their conviction is unknown.
403. In this connection, the Special Rapporteur referred to the fundamental
principles embodied in articles 3 and 6, respectively, of the Universal
Declaration of Human Rights and of the International Covenant on Civil and
Political Rights and to the Safeguards guaranteeing protection of the rights
of those facing the death penalty, as well as to the implementation of those
Safeguards, subject of Economic and Social Council resolution 1989/64 of
24 May 1989. The Special Rapporteur appealed to the Government to take all
measures at its disposal to protect the life and physical integrity of the
above—mentioned persons and, in addition, requested information on those
measures as well as on the investigation carried out by the authorities in
those cases.
Government reply
404. On 5 February 1991, a connunication was received from the Government of
Nigeria in response to allegations previously submitted by the Special
Rapporteur. The Government recognized that the Commission on Human Rights was
the primary United Nations institution charged with the responsibility for
monitoring the observance of and adherence to all human rights standards by
its Member States. Nigeria, as a Member of the United Nations, respected
these fundamental functions which were entirely in keeping with the objectives
and Charter of the United Nations. In this connection, the Government
transmitted details of legal policy and practice concerning human rights and
fundamental freedoms.
405. The Nigerian Government bad never supported the restrictive
interpretation that the subject of human rights was purely or absolutely the
internal concern of any Government. On the contrary, it had long held the
view, which is gaining universal currency, that the manner in which any
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sovereign country treats its own citizens is a legitimate subject for
international discourse. It welcomed this opportunity to explain its human
rights position: the Government of Nigeria, proud of its continuing efforts
to improve the welfare of all Nigerians and to build a strong, stable and just
nation, had nothing to hide.
2. Other cases transmitted by the Special i apporteur
406. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Nigeria transmitting allegations concerning extrajudicial
executions by Government authorities of people suspected of armed robbery.
In December 1990, in Ikor Ekpene, Akwa Ibon State, 10 men were allegedly
executed in public on armed robbery charges. It was alleged that no right of
appeal or other judicial review was granted to the victims. Between
January 1990 and May 1991, nine people were allegedly extrajudicially executed
on suspicion of armed robbery. Six of the victims were reportedly executed in
Lagos, three others in Amanibra State and two in Ondo province.
407. In the same letter, the Special Rapporteur transmitted to the Government
of Nigeria information concerning alleged extrajudicial executions perpetrated
by members of the police during peaceful demonstrations. On 25 May 1991, a
student of the Yaba College of Technology was allegedly executed by armed
security agents during a peaceful demonstration in Lagos. Two other men were
also reported to have been executed by the police during a non—violent protest
of traders at Alaba market in Lagos during 1990.
408. ln the same letter, the Special Rapporteur transmitted allegations
concerning several cases of death as a result of torture during periods of
preventive detention. Between May 1990 and January 1991, at least eight
people were reported to have died after having been tortured by police agents
at different police stations in Lagos, including Llopeju, Pedro and
Western Avenue.
409. The Special Rapporteur further communicated to the Government of Nigeria
allegations concerning the death in detention as a consequence of bad prison
conditions of 48 inmates of Apa prison, Lagos State and 16 others in Kin Kin
prison in Lagos during 1989 and 1990; one of the prisoners at Kin Kin prison
was allegedly tortured and brought to Yaba Psychiatric Hospital, Lagos, where
he reportedly died.
410. In addition, the Special Rapporteur transmitted four cases of alleged
extrajudicial executions by the police and members of the Lagos State
Environmental Sanitary Task Force, which were reported to have taken place
between January 1990 and May 1991 in Lagos. Two further incidents were
reported in which two people were allegedly executed by police agents in
Port Harcourt, River State, and Agbado, Ogun State, in January and
February 1990, respectively.
411. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Nigeria to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
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Pak i. stan
1. Appeals for urgent action
412. On 11 November 1991, the Special Rapporteur sent an urgent message to the
Government of Pakistan concerning the execution of at least 20 persons
sentenced to death by “Special Courts for Speedy Trial” after proceedings
which were alleged to have fallen short of international standards and whose
execution were said to be imminent.
413. In August 1991, the twelfth amendment to the Constitution was adopted by
Parliament providing for the establishment of Special Courts for Speedy
Trial. Eleven such courts were said to have begun functioning as of
August 1991. It was alleged that, in many cases, trials resulting in a death
sentence had lasted only three or four days and the procedures of these
Special Courts were alleged to have fallen short of international standards
for a fair trial.
414. Between 20 and 40 persons who had so far been sentenced to death by the
Special Courts for Speedy Trial were said to be in danger of being publicly
executed. One person belonging to that group was said to be Zafar Iqbal,
sentenced to death for rape and murder.
415. In this connection, the Special Rapporteur referred to the Safeguards
guaranteeing protection of the rights of those facing the death penalty
approved by the Economic and Social Council by its resolution 1984/50 of
25 May 1984, and to paragraph 4 of the Principles Relating to the Effective
Prevention and Investigation of Extra—legal, Arbitrary and Sunnuary Executions
adopted by the Economic and Social Council in resolution 1989/65 of
24 May 1989, to article 3 of the Universal Declaration of Human Rights and to
article 6 of the International Covenant on Civil and Political Rights. The
Special Rapporteur appealed to the Government to take all measures at its
disposal to protect the life and physical integrity of the above—mentioned
persons and requested information on those measures as well as on the
investigation carried out by the authorities in those cases.
416. At the time of the preparation of the present report, no reply had been
received from the Government of Pakistan.
Paraguay
1. Appeal for urgent action
417. On 10 April 1991, the Special Rapporteur sent a cable to the Government
of Paraguay concerning death threats reportedly received by
Rodo lf 0 M. Aseretto, Pedro Portillo and Francisco de Vargas. According to the
information, Mr. Aseretto and Mr. Portillo, lawyers for the Church Coimnittee
for Emergency Assistance (CIPAE) formally complained to the Attorney—General
of Paraguay that they had received repeated threats against their lives in
anonymous telephone calls and written messages. According to the lawyers, the
threats are connected with their activities in judicial inquiries into
previous violations of human rights, since both of them were legal
representatives of victims of such violations, including cases of torture,
E/ aN .4/1992/30
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involuntary disappearances and extrajudicial executions of political prisoners
held under the previous Government. Some of the proceedings against former
officials of the Government were before the courts. It was also reported that
Mr. Vargas, a former CIPAE lawyer and now Vice—Chairman of the Human Rights
Commission of the Chamber of Deputies of Congress and a Deputy for the Liberal
Radical Party, was attacked at his home at about 3 a.m. on 10 March 1991 by
unidentified persons who opened fire on his house, an incident that was also
reported to the Attorney—General.
418. In this regard, the Special Rapporteur referred to paragraph 4 of the
Principles on the Effective Protection and Investigation of Extra—legal,
Arbitrary and Summary Executions, adopted by the Economic and Social Council
in resolution 1989/65 of 24 May 1989, to the principles set out in the
Universal Declaration of Human Rights and to article 6 of the International
Covenant on Civil and Political Rights. The Special Rapporteur appealed to
the Government to take all measures at its disposal to protect the lives and
physical integrity of the above—mentioned persons. In addition, he requested
information on those measures, as well as on the investigations carried out by
the authorities in those cases.
overnment repjj
419. On 19 August 1991, the Special Rapporteur received a reply to his cable
of 11 July 1990 concerning an incident in the area of the Itaipá dam on
12 December 1989 (see E/CN.4/1991/36, para. 359). In connection with this
incident, the Prosecutor's Office said that pre—trial proceedings were
initiated in the Second Rota Court of the Alto Paraná Judicial District for
of fences against law and order and the physical integrity of individuals. The
prosecutor, Ramón Echeverria, had been instructed to get the proceedings
moving. Similarly, officials of the Attorney—General's Office are getting the
proceedings for offences against human rights moving by assisting the
prosecutors.
1. Appeals f ar _ urgent action
420. On 1 July 1991, the Special Rapporteur sent a cable to the Government of
Peru in connection with information concerning death threats reportedly
received by Magno Sosa Rojas and Necias Taquiri, known as Necho, journalists
in Huamanga, Ayacucbo department. According to the information, on
10 June 1991 a paramilitary group calling itself the Anti—terrorist Liberation
Commando forced persons working for Radio Wan to broadcast threats to kill
the two journalists, in words that left no room for any doubt.
421. According to complaints received since December 1982 when a state of
emergency was first declared in Ayacucho department, critics of the work of
the Armed Forces, persons defending human rights and journalists who
cooperated in calling attention to human rights abuses have received death
threats and have been harassed by the Armed Forces or groups allegedly acting
with their consent.
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422. Among reported cases of journalists who have fallen victim to violence,
mention should be made of the deaths of eight journalists in Uchuraccay,
iluanta province, Ayacucho department, on 26 January 1983; the involuntary
disappearance in August 1984 of Jaime Ayala Sulca, a correspondent of the Lima
newspaper L&Repj bjjc , after he was arrested in fluanta; and the disappearance
of Hugo Bustios Saavedra, a correspondent for the magazine Caretas , who is
said to have been executed in November 1988 by members of the Armed Forces
while he was looking into the murder of a woman and her son. Previously,
Bus tios Saavedra bad repeatedly received death threats as a result of his
newspaper articles, which criticized the Army for alleged abuses of human
rights.
423. In this regard, the Special Rapporteur referred to paragraph 4 of the
Principles on the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions, adopted by the Economic and Social Council
in resolution 1989/65 of 24 May 1989, to the principles set out in the
Universal Declaration of Human Rights and to article 6 of the International
Covenant on Civil and Political Rights. The Special Rapporteur appealed to
the Government of Peru to take all measures at its disposal to protect the
lives and physical integrity of the persons concerned, He also requested
information on those measures, as well as the investigations carried out by
the authorities in these cases.
424. On 3 July 1991, the Special Rapporteur sent a cable to the Government of
Peru in connection with Juan Arnaldo Salomé Adauto, a 22—year—old tradesman
who was stopped by four armed men in civilian clothes (presumably members of
the Army or security forces) on 24 April 1991, in the town of Huancayo, Junin
department, and taken to a police station close to the Maria Inmaculada
school, where he was placed under arrest. Later, be was put into a van and
taken to the “9 December” army barracks. Subsequently he complained that he
had been savagely tortured and, while he was at the barracks, he saw other
detainees who were also tortured and kept in handcuffs. On 10 June 1991, he
managed to escape from the barracks, hiding in an army transport vehicle.
Next day, his house was searched and his brothers, Victor Luis and
Rodolfo Alberto Salomé Adauto, were beaten up. Later, Salomé Adauto informed
the Department of Public Prosecutions of his arrest and the torture he had
suffered. It was feared that reprisals had been taken against him or members
of his family and that their lives were in danger.
425. In this regard, the Special Rapporteur referred to the legal rules and
instruments mentioned in paragraph 422 and, in view of the regular cooperation
of these persons in United Nations procedures for the protection of human
rights, he also referred to Commission on Human Rights resolution 1991/70 of
6 March 1991, which urged Governments to refrain from all acts of intimidation
or reprisal against private individuals and groups who seek to cooperate with
the United Nations and representatives of its human rights bodies. The
Special Rapporteur appealed to the Government of Peru to take all measures at
its disposal to protect the lives and physical integrity of the persons
concerned. In addition he requested information on those measures, as well as
on the investigations carried out by the authorities in these cases.
426. On 3 July 1991, the Special Rapporteur sent another cable to the
Government of Peru in connection with Bertha Lopez, aged 43, a teacher and the
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widow of Jaime Cerrón Palomino, Vice—Rector of the National Central University
of Peru, in Huancayo, Junin department. He was kidnapped on 8 June 1990,
presumably by paramilitary groups and killed (his body was found on
17 June 1990). The couple's Sons, Fritz Elias Cerrén Rojas, aged 22,
Vladimir Roy Cerrón Rojas, aged 21, and Waldemar José Cerrón Rojas, aged 18,
laid a complaint of persecution and death threats because they bad taken legal
action in connection with the murder of Jaime Cerrón Palomino, requesting an
investigation and calling for the guilty to be punished. It is assumed that
the persons responsible for the threats were the ones who committed the crime,
and they are at liberty. It is alleged that Mrs. Rojas Lopez recently
received further threats, telling her to leave Huancayo, where she lives and
works, and not to carry on with her inquiries to clear up the crime committed
against her husband.
427. On 19 August 1991, the Special Rapporteur sent a cable to the Government
of Peru concerning Jorge Chavez Morales, a journalist on the Lime newspaper
La_RepábJ jca, who reportedly received death threats in a letter on
9 August 1991. The letter was signed “Anti—terrorist Liberation Commando”,
which is believed to have the support of the Armed Forces. According to the
information received, Mr. Chavez Morales has been investigating and publishing
in his newspaper news about the killing of another journalist,
Luis Morales Ortega, in Ayacucho on 13 July 1991. It was said that
Mr. Chavez Morales laid a complaint about the threats with the Fourth
Provincial Criminal Prosecutor's Office and demanded guarantees for his
safety. He said he was especially concerned because other journalists had
fallen prey to summary executions and disappearances in the past, and one of
them, Luis Morales Ortega, had been killed after being threatened by a
paramilitary group.
428. On 24 September 1991, the Special Rapporteur sent a cable to the
Goverument of Peru in connection with Macedonio Lirio Leon, aged 40, married,
with seven children, a peasant leader and president of the
“Atusparia Ucbcu Pedro” Agrarian Federation in Ancash department. According
to the information, on I May 1991 Colonel P.T. Idoif 0 F. Cueva Retuerto and
members of the police in the town of Huaraz threatened him with their weapons
at a meeting held by his organization. Later, accusations were made to the
police that he had stolen a motor car and he was brought before the First
Examining Court in Huaraz. It was also reported that Lirio Le On wanted to
appear before the court to clear up his situation, but he was afraid of being
remanded in custody in contact with prisoners belonging to Shining Path, an
organization which has also threatened to kill him because of statements that
he did not support it. The complainant points out that the prison to which be
would be sent does not have enough room to segregate prisoners.
429. On 8 October 1981, the Special Rapporteur sent a cable to the Government
of Peru concerning information about threats against the lives and physical
integrity of the following persons: Egidio Ore Mallco, Mayor of the peasant
community of Tamara; Móximo de la Cruz Baraona, a community herdsman;
Nacario Palomino Tolentino, former municipal official; Victor Tadeo Escalente,
Vice—Chairman of the Development Committee and PrOspero Solis, water
supplier. At 3 a.m. on 2 August 1991, members of the Peruvian Army from the
Quinches military base, in the province of Yauyos, department of Lima, entered
E/cN.4/1992/30
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the Tamara community, wearing ponchos and with their faces masked, apparently
in an attempt to pass themselves off as members of Shining Path. According to
the informát ion, they forced the population to assemble in the main square and
asked for the whereabouts of the persons concerned. Mr. Ore Malico and
Mr. de la Cruz Baraona had fled in the direction of Lima. The soldiers
arrested Próspero Soils and took him to the locai military post and, after
20 days, he had to appear before the Yauyos poiice. In addition, the soldiers
threatened to kill the reiatives of Egidio Ore Ma llco and Máximo de Ia Cru.z
Baraona if these men did not give themselves up.
430. The threats were repeated two weeks later when the Army again turned up
in the district and the relatives, too, were forced to leave for Lima. It was
also reported that, on 18 September 1991, the persons who had been threatened,
together with local authorities and a Deputy, Anastasio Vega Ascencio, spoke
with an adviser to General César Ramal, chief of an elite army unit, who
denied any unlawful behaviour on the part of the Army and then told them to
turn up on 24 September at the Quinches base to talk with the commander.
431. On 5 November 1991, the Special Rapporteur sent a cable to the Government
of Peru in connection with the information that, on 10 October 1991,
Ruth Melissa Alfaro Mendez, aged 23, a journalist working as news editor for
S ambk, a weekly magazine, died in the explosion of a parcel—bomb containing
foreign newspapers sent to Carlos Arroys, the editor of Cambio , that was left
at the magazine's offices. According to the complaint, the editor of Cambio
repeatedly received threats from the self—styled Comando Rodrigo Franco, a
paramilitary group previously held to be responsible for attacks against
Cambio vendors in Junin department.
432. In addition, on 21 June 1991, another device exploded opposite the Cambia
off ices and killed Mr. Victor Hugo Ruiz Leon. The complaint also stated that,
together with these attacks, QambiQ has suffered other harassment such as the
confiscation, without a court order, of a number of its issues and a criminal
complaint laid against the editor for supporting terrorism, although he was
cleared of this charge. It was also reported that the explosive that killed
Mrs. Alfaro Mendez consisted of 200 g of ambogelatine, which is used by the
Army and apparently similar to the explosive used in the attack on the life of
Augusto ZuLiga, the legal adviser of the Human Rights Commission.
433. On 14 November 1991, the Special Rapporteur sent a cable to the
Government of Peru in connection with events in the community of
Santa Bérbara, Huancavelica, mentioned by the Government in two notes verbales
dated 29 September 1991 and 1 November 1991 addressed to the Centre for Human
Rights by the Permanent Mission of Peru at Geneva (see para. 445). The
communication received said that, after being held for several days,
apparently in connection with the events in Santa Barbara, Nico lás Ru lario
Moran and Lorenzo Quispe Huaxnen, mayor and councillor respectively of the
community, had been released. These two persons, together with Méximo Perez
torres and other members of the community, reportedly signed the first
complaints in connection with the events at Santa Barbara. The communication
expressed concern about the lives of these and other persons who signed the
complaint and of the witnesses of the events, since the complaint publicized
and led to an investigation of the serious violations of human rights
committed against members of the community. As the Government reported,
E/CN.4/1992/30
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following the investigation, several members of the Army bad been accused of
co mMitting serious of fences and it is feared that reprisals may be taken
against the persons concerned and that their lives may be in danger. These
fears are based on the fact that, on previous occasions when members of the
Armed Forces were placed on trial, witnesses to the events were later killed
(case of the witnesses to the Cayara massacre; see E/GN.4/1991/36, para. 363).
434. In connection with the above—mentioned cases the Special Rapporteur
referred in his six cables to the Principles on the Effective Prevention and
Investigation of Extra—legal, Arbitrary and Summary Executions, adopted by the
Economic and Social Council in resolution 1989/65 of 24 May 1989, to the
relevant principles in the Universal Declaration of Human Rights and to
article 6 of the International Covenant on Civil and Political Rights. In
addition, he appealed to the Government to take all measures at its disposal
to protect the lives and physical integrity of the persons concerned and also
requested information on those measures, as well as on the investigations
carried out by the authorities in these cases.
Government reply
435. On 8 March 1991, the Special Rapporteur received a communication from the
Government of Peru reporting the killing, on the night of 1 March 1991, of
13 peasants by a column of the subversive group Shining Path in Mantaro
district, La Mar province, Ayacucbo department. It also said that, on the
night of 23 to 24 February 1991, 23 peasants (including eight women) were
killed by a 150—member group of the subversive organization Shining Path, in
the village of Jano, Ayna district, La Mar province, Ayacucho department.
Eleven persons were wounded and five kidnapped as a result of this incursion.
The village was virtually razed to the ground after most of its 60 dwellings
were looted and set on fire.
436. On 30 May 1991, a communication was received from the Government of Peru
transmitting a copy of two Ministry of Defence tables containing statistics
for 1990 and 1991 on complaints about summary or arbitrary executions in Peru.
437. On 3 September 1991, a communication was received from the Government of
Peru in connection with the alleged suninary or arbitrary execution of
Porfirio Suni Quispe, a leader of the Puno Departmental Federation and a
deputy for the region of José Carlos Mariétegui. According to investigations
by the Ministry of Defence, Suni Quispe had on variouà occasions been an
activist, sympathizing with subversive groups, and when he was later elected
as a member of the regional government, he had protected the SAIS Aricoma and
helped to organized peasant patrols in that area, for which reason Shining
Path may have marked him down as an enemy and decided to execute him for this
change in attitude.
438. It was also said that the Ministry of Defence had arranged for the Armed
Forces High Command to provide the requisite safeguards for the family of
Bertha Lopez CerrOn.
E/CN.4/ 1992/30
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In addition the communication transmitted the following information from
the Ministry of Defence:
(a) Teodoro Crespo Vil lavicencio and Elias Fernández Aguilar had in no
circumstances been arrested by the forces operating in the Parinacochas
province, Ayacucho department;
(b) Silvio Alejandro Campos Bravo, Edmundo Campos Zevallos, Juan Carlos
Goetencia Alarcón, Jes us Canchari Perez and Aristôfeles Iturrizaga Huamén had
in no circumstances been arrested by forces operating in Satipo and
Cbanchamayo provinces, Junin department
439. On 4 September 1991, a communication was received from the Government of
Peru transmitting the text of a legislative decree issued by Alberto Fujimori,
President of Peru, on 2 September 1991. Under the decree, officials of the
Department of Public Prosecutions can enter military bases and police
detention centres in emergency areas throughout Peru in order to investigate
the situation of persons who are being held or have been reported as missing.
440. On 10 September 1991, a communication was received - from the Government of
Peru to the effect that the presumed killers of Fernando Colonio Arteaga,
Méximo Rico Bazán, Gabriel Tupia Huamancusi and Ciro Aramburil Villanueva had
been questioned by the Ayacucho police. After their statements were taken
they had been placed at the disposal of the Huamanga First Prosecutorss Office
in May 1991.
441. On 13 September 1991, a communication was received from the Government of
Peru stating that the Ministry of Defence bad arranged for the Armed Forces
High Command to take the necessary steps to protect the physical integrity and
lives of Magno Soso Rojas and Necias Taquiri. Again, according to information
supplied by the Assistant Senior Criminal Prosecutor for the Protection of
Human Rights, proceedings were initiated against Magno Sosa for terrorist
activities and his statement was taken on 23 August in the Apoyo hospital in
Ruancayo, where he was being treated for an inflamed gastric ulcer. There was
a stay of proceedings in the case brought against Mr. Soso by the provincial
prosecutor and he was released.
442. On 24 September 1991, a coamunication was received from the Government of
Peru transmitting a list of 33 persons, mentioned in the report by the Special
Rapporteur on summary and arbitrary executions, who had in no circumstances
been questioned or arrested by military personnel on the counter—insurgency
fronts in question. These persons were: Estanislao Polanco Rojas,
Francisco Ramos Bautista, Virgilio Barrientos Ramos, Virgilio Barrientos
Polanco, Esteban Barrientos Vega, Andrés Numani Polanco, Mana Bautista Quispe,
Franco Ramirez, Ignacio Tito, Clemente Chaupin Barrientos, Domingo Quispe,
Cirsostomo Condori Quispe, Natividad Quispe, Alejandro Quispe Condori,
Balbino Huamani Medina, Marcos Torres Salhua, Juan iluisa Pacco,
Marcos Zacarias Huisa, Gregorio A lferez Huisa, Julio Huamani Huisa,
J osé Huamani Charcabuana, Julio Apfata Tanire, Jestis Jauja Sullo,
Eustaquio Apfata Salhua, Hermenegildo Jaas, Falconeri Saravia Castillo,
José Burneo Labrin, Méximo Rico Bazon, Fernando Luis Colonio Arteaga,
Gabriel Tupia iluamancusi, Ciro Aramburu Villanueva, Jaime Cerron Palomino and
Armando Tapia Gutierrez.
E/CN.4 11992/30
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443. On 25 September 1991, a communication was received from the Government of
Peru transmitting information that Maria Guinarita Pisco Pisango had not been
questioned by the police.
444. On 22 October 1991, a communication was received from the Government of
Peru stating that Mr. Lirio Leon, President of the Agrarian Federation, Ancash
department, was no longer authorized to represent the Federation, and his
whereabouts were unknown; he was somewhere in Macath district, Carhuaz. He
was a fugitive from justice, since an arrest warrant had been issued by the
Huaraz First Examining Court, on the grounds of terrorism. Since his
whereabouts were unknown, it was not possible to provide the guarantees and
protection requested by the Special Rapporteur (see para. 428).
445. On 1 November 1991, a reply was received to a cable by the Special
Rapporteur concerning the events of 4 July in the community of Santa Bérbara.
According to information supplied by the Ministry of Defence, subsequent
inquiries had revealed that a patrol of the Pamapas No. 43 Counter—Insurgency
Batallion had committed abuses in connection with 14 peasants suspected of
being subversives. Consequently, a complaint had been laid with the Court
Martial of the Army's Second Judicial Zone against the following military
personnel:
(a) Infantry Lieutenant Javier Bendezu Vargas, for aggravated homicide,
abuse of authority and misuse of property, with aggravating circumstances;
(b) Private Third Class Duilio Chipana Tarqui, for breach of duty and
discredit to the Army, and improper administration of justice;
(c) Private Second Class Fidel Eusebio Huaytalla, for breach of duty and
discredit to the army;
(d) Sergeant First Class Oscar Carrera Gonzales, for abuse of authority;
(e) Sergeant Second Class Carlos Prado Chinchay, for aggravated
homicide, misuse of property and sexual of fences.
The Government of Peru wished to emphasize its firm resolve to conduct an
exhaustive inquiry into any complaint of alleged violations of human rights
and to punish any guilty persons in accordance with the law.
446. On 2 December 1991, a further reply was received from the Government of
Peru regarding the off ences committed in the community of Santa Bérbara on
4 July 1991. It was confirmed that the investigations by the Ministry of
Defence had revealed that the patrol of Painapas No. 43 Counter—Insurgency
Batallion bad committed abuses in connection with 14 peasants and a complaint
had been laid with the Court Martial of the Army's Second Judicial Zone
against an officer and four non—commissioned officers. The court proceedings
in question were being conducted in accordance with the law.
EIcN.4/l992/30
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2. Other cases transmitted by the Special Rapporteur
447. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Peru, transmitting allegations of sununary or arbitrary
executions between August 1990 and June 1991 which concerned more
than 40 people. In particular, the Special Rapporteur had received
information with regard to the following incidents:
(a) On 22 August 1990, soldiers and members of an army—controlled Civil
Defence Committee reportedly killed 16 people from the Iquicha community, near
Uchuraccay, Huanta province. Allegedly, they had refused to participate in a
planned confrontation with Shining Path because they feared that they would be
used as a protection shield by the soldiers. According to the information
submitted to the Special Rapporteur, no full judicial investigation had been
initiated;
(b) On 26 September 1990, soldiers from the Adcomarca military base
reportedly detained 16 peasants from the community of Pucapaccana, district of
Independencia, Vilcashuamán province. Allegedly, the victims were subjected
to torture, as a result of which three men were said to have died; the
survivors were reportedly threatened with death if they denounced the incident
to the authorities;
(c) On 18 October 1990, the bodies of 18 people were reportedly exhumed
from 3 mass graves in Chillcahuaycco, District of Santiago de Pischa. They
were said to have been detained and later executed by members of the army,
together with army—controlled Civil Defence groups. A Senatorial Commission,
set up in October 1990, reportedly investigated the case and concluded that
those responsible for the massacre were members of the Peruvian army;
(d) In November 1990, one man was reportedly killed and three others
were wounded when members of the police and private security forces shot at
unarmed workers who were demonstrating for social benefits at a food factory
at Samanco, Chimbote, Ancash Department;
(e) In May 1991, four men from the community of Sillota, district of
Asillo, Azangara, were detained, tortured and killed by members of an army
patrol;
(f) On 21 June 1991, three students were tortured and killed in Lima,
by police officers who allegedly accused them of being terrorists. It was
reported that a judicial investigation into the cases was initiated,
nine police officers were suspended from their duties and five of them charged
with murder; according to the source, a Supreme Court decision was pending as
to whether the case would continue under civil jurisdiction or be transferred
to a military court.
448. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Peru to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
E/CN.4/1992/30
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3. Additional informptionrecejyeI by the Special Rapporteur
449. Violations of the right of life continued to be reported to the Special
Rapporteur on a large scale: many extrajudicial killings were reported
against the background of the ongoing armed conflict; more than half of Peru
had been placed under a state of emergency by the end of July 1991. According
to non—governmental sources, since July 1990, more than 3,000 deaths were
caused by political violence, many of them in clashes between the army and
the armed opposition; more than half of these deaths were attributed to
armed opposition groups. In particular, Shining Path was reported to have
continued with executions of peasants organized in Civil Defence groups
(Rondas Campesinas) or suspected of collaboration with government forces; in
the urban areas, Shining Path reportedly targeted foreign nationals, clergymen
and Peruvians of Japanese origin. To a far lesser extent, the Tupac Amaru
Revolutionary Movement (MRTA) was also said to be responsible for killings.
450. Numerous extrajudicial killings were reported to have been carried out by
the army and the security forces and other groups linked to them, or acting
with their acquiescence and complicity. After the disappearance of the
Comando Rodrigo Franco by July 1990, groups reportedly started in October 1990
to operate, using !udeath squad”—style methods, especially in the emergency
zones. According to the information submitted to the Special Rapporteur,
58 extrajudicial executions in 14 separate incidents could be attributed to
the official security forces and related groups during the first 12 months of
the present Government. The principal victims were said to be peasants, who
were allegedly executed for their refusal to join the Civil Defence groups, in
retaliation for Shining Path attacks, or because they were suspected by the
military of sympathizing or cooperating with Shining Path. Journalists
and human rights activists, either acting out of individual concern for
human rights or within human rights organizations such as the Pro—Human
Rights Association (APRODER) and the non—governmental Coninission on Human
Rights (COMISEDH), were also reported to be targets for executions or death
threats.
451. The Special Rapporteur was further informed that these human rights
abuses continued to enjoy impunity. It was reported that, during the course
of the present administration, only four judicial investigations into cases
of alleged human rights violations had been initiated. Efforts made by the
Office of the Public Prosecutor to increase the scope and effectiveness of
its attempts to investigate denunciations of human rights violations had
reportedly encountered enormous difficulties due to lack of resources, lack of
official support and obstruction by the army who had refused to cooperate with
the prosecutors, especially in the emergency zones. Members of the armed
forces had allegedly enjoyed almost total impunity, as jurisdiction in cases
of human rights violations continued to be claimed, and exercised, by military
courts.
E/CN.4/l992/30
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The Philippines
1. Appeals for urgent action
452. On 12 April 1991, the Special Rapporteur sent a cable to the Government
of the Philippines concerning Romeo Capulong, a human rights lawyer and a
member of the Free Legal Assistance Group (FLAG), who acted as defence lawyer
for a number of people accused of involvement with the outlawed Communist
Party of the Philippines (crF) and similar crimes. Mr. Capulong had been
subjected to intimidation by armed men believed to have links with
the Philippines security forces. On 19 March, he was followed by men in
a passenger car — a Toyota Cressida with tinted glass and licence plate
number NRB 838 — as he drove from.Manila to his home in Nueva Ecija Province;
the identity of those in the car is unknown but it is believed that they may
be linked to military intelligence forces. The day before the incident,
Mr. Capulong bad been involved in a dispute in court while acting as defence
lawyer for two alleged high—ranking members of the CPP , On 1 April 1991,
during judicial proceedings involving six alleged members of the New Peopless
Army (NPA), an armed man in civilian clothing entered the courtroom and asked
for Mr. Capulong's personal driver; following identification of Mr. Capulong
by one of the military escorts of the six defendants, the armed man left the
courtroom with another identified man. According to an eyewitness, the
two men drove away on a red Honda motor cycle with no licence plates. At
least three human rights lawyers killed in the past three years were shot by
unidentified men in civilian clothing riding similar motor cycles. In this
connection the Special Rapporteur emphasized that it was the responsibility
of the Government to prohibit by law all extralegal, summary or arbitrary
executions and to ensure that such executions did not take place.
453. On 12 August 1991, the Special Rapporteur sent a cable to the
Government of the Philippines concerning Benedicto Pacheco, Vidal Tombo and
Roberto de Vera who were the apparent victims of attempted extrajudicial
executions. According to the information, on 17 July 1991, Mr. Tombo, a
human rights lawyer, was at home with two companions, Benedicto Pacheco and
Roberto de Vera. At approximately 11.30 p.m., he noticed that a motor cycle
and a red jeep, each carrying two men, had driven past his home; shortly
thereafter, they returned: two men alighted from the vehicles and fired for
nearly 10 minutes on the men in the house. Mr. Pacheco suffered injuries to
his left elbow and ankle; Mr. Tombo was injured in his right arm and stomach;
Mr. de Vera was shot in his right leg and arm. The primary target of the
attack appeared to have been Mr. Tombo, who had served as defence counsel for
political prisoners and those accused of membership in the New People ‘s Army
and had also served as the President of a peasant cooperative in his home town.
454. During the past three years, at least six human rights lawyers allegedly
had been the victims of extrajudicial executions: of these six, three were
members of the Free Legal Assistance Group (FLAG), an organization active in
the defence of human rights and in reporting violations by members of the
government security forces. In addition, during this period many other
lawyers had received death threats or had been otherwise intimidated.
E/CN.411992 130
page 118
During 1991, a FLAG lawyer, Nerio Zamora, had received a death threat from
the provincial police commander in Bohol and the human rights lawyer
Romeo Capulong was followed by unidentified men believed to be connected to
military intelligence forces.
455. On 6 November 1991, the Special Rapporteur sent a cable to the Government
of the Philippines concerning Wilfred 0. Asis, a human rights lawyer and a
member of the Free Legal Assistance Group (FLAG). FLAG contributes on a
continuing basis to United Nations procedures for the protection of human
rights. Mr. Asis was acting as defence lawyer for six people accused of
involvement with the outlawed Communist Party of the Philippines (CPP). The
six had been acquitted of subversion on 2.2 August 1991. On 29 August 1991,
Mr. Asis received a letter from a man named Guyong, who claimed to represent
the National Democratic Front (NDF), the underground united front organization
controlled by the CPP. The letter began by praising Mr. Asis for his human
rights activities but went on to say that he was being “investigated” for the
killing of two persons named Leo and Mike. The letter concluded by offering
“condolences” for the forthcoming death of Mr. Asis who stated that he knew of
no persons by the names of Guyong, Leo or Mike. In September 1991, Mr. Asis
informed the Philippines National Police of the threat to his life. A police
superintendent was reported to have told him that elements of the Philippines
Armed Forces might have been contemplating “getting rid of him”; the
superintendent also reportedly advised him to seek the assistance of the
Secretary of Justice.
456. In connection with the above three cases, the Special Rapporteur referred
in his cables to paragraph 4 of the Principles Relating to the Effective
Prevention and Investigation of Extra—legal, Arbitrary and Summary Executions
adopted by the Economic and Social Council in its resolution 1989/65 of
2.4 May 1989, to the principles embodied in the Universal Declaration of Human
Rights and to article 6 of the International Covenant on Civil and Political
Rights. He further appealed to the Government of the Philippines to take all
measures at its disposal to protect the life and physical integrity of the
persons concerned and requested information on those measures, as well as on
the investigation carried out by the authorities in those cases.
Qcivernment rej4y
457. On 25 July 1991, a reply was received from the Government of
the Philippines to the Special Rapporteur's cable of 28 November 1990
transmitting a list of 42 military personnel who had been convicted of serious
human rights violations in the Philippines from 1986 to the present, thus
disproving, according to the Government, the allegation that the military
committed human rights violations in the Philippines with “impunity”.
2. Other cases transmitted bjr the Special Rapporteur
458 , On 8 November 1991, the Special Rapporteur sent a letter to the
Government of the Philippines transmitting 46 cases of alleged summary
or arbitrary executions, including the following:
(a) On 21 December 1990, a farm worker was shot to death, allegedly by
military personnel, in front of his family at San Isidro, northern Sainar.
E/CN.4/ 1992/30
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On 13 January 1991, another farm worker was reportedly arrested by the army
and was afterwards found dead in hangaray Sitio Lebanon, northern Samar;
(b) On 10 January 1991, a pastor of the Philippines Independent
Church (Aglipaya) was allegedly killed by two unidentified men believed
to have links with the security forces;
(c) On 24 February 1991, two workers from a peasant organization in
Mindanao had reportedly been arrested by military men in civilian clothes
and found dead on 26 February 1991 at Butuan City;
(d) On 28 June 1990, two trade unionists were allegedly killed by
army officers during a funeral at.North Cemetery in La Loma, Quezon City.
Reportedly, the army fired on the unarmed crowd attending the funeral,
killing two and injuring many others;
(e) Between June and November 1989, during and after a protracted
industrial dispute, six employees of the Golden Taxi Company were allegedly
killed by the security forces or company guards and hired “goons” acting
with the support or connivance of local military and police authorities;
(f) In September 1990, three people were reportedly killed during
a strike at the Goldilocks Bakery in Mandaluyong, Metro Manila, by company
security guards or “goons”;
(g) On 22 November 1990, three trade unionists, members of the
National Federation of Sugar Workers, were allegedly killed by members of
the paramilitary Citizens' Armed Forces Geographical Unit in Negros Occidental
Province.
459. In addition to the above, on 17 January 1991, a death threat was
made against a human rights lawyer, allegedly by the provincial commander
of the paramilitary Philippine Constabulary (PC) in Bohol province.
On 19 March 1991, another human rights lawyer and member of the Free Legal
Assistance Group (FLAG) was allegedly subjected to intimidation by armed men
believed to have links with the security forces. Many lawyers from Negros
Occidental have allegedly been threatened by groups supported by the army. On
23 January 1991, reportedly the most serious in a series of letters containing
death threats intended for a Roman Catholic priest was received. On
10 February 1991, a parish coordinator of Isio Parish was threatened by
unidentified gunmen believed to have links with the military at Cauayan,
Negros Occidental.
460. The Special Rapporteur, referring to the pertinent international
human rights instruments listed in the annex, requested the Government of
the Philippines to provide him with information on the above—mentioned cases
and, in particular, on the progress and results of judicial investigations
carried out by the competent authorities.
E/CN.4/1992/30
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Rwanda
1. Appeal for urgent action
461. On 5 March 1991, the Special Rapporteur sent a cable to the Government
of Rwanda drawing its attention to information received to the effect
that certain persons had been condemned to death on 7 January 1991 by the
State Security Court, which had failed to observe minimum international
rules concerning a fair trial. The persons were Carpophore Gatera,
Jean—Baptiste Karinijabo, Jean—Chrysostome Karuranga, Donatien Rugema ,
Charles Tamba, Narcisse Munyabaraga, Charles Mukurarinda and
Emmanuel Ntakiyimana. According to the information received, the bearing,
after which the death sentence was pronounced, lasted less than five hours.
The accused were liable to the death penalty, but none of them received the
assistance of a legal representative, something which affected not only their
right to a defence but also their opportunity to appeal to a higher court.
In addition, the accused informed the Court that, while they had been in
pre—trial detention, they had been beaten up or threatened in order to force
them to say that they were guilty. However, the Court did not conduct any
inquiry into those allegations and deemed the evidence inadmissible.
Moreover, material evidence was not produced for all of the charges against
the accused. Lastly, most of the judges on the bench had close ties with the
armed forces or the Government and inadequate legal training. Since the
trial, the composition of the Court is said to have been changed.
462. In this regard, the Special Rapporteur referred to article 14 of the
International Covenant on Civil and Political Rights and to paragraphs 4, 5
and 6 of the Safeguards guaranteeing the rights of those facing the death
penalty, approved by the Economic and Social Council in resolution 198 1t/50
of 25 May 1984. Re appealed to the Government to use all means at its
disposal to protect the lives and physical integrity of the persons concerned
and also requested information on those measures, as well as on the
investigations carried out by the competent authorities in these cases.
463. At the time of preparation of the report, no reply had been received from
the Government of Rwanda.
2. Other cases transmitted by the Special Rapporteur
464. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Rwanda transmitting information be had received regarding
six incidents of alleged extrajudicial killings. The first three involved
more than ZOO members of the opposition army in exile on the TJgandan border,
the Rwandan Patriotic Front (FPR); they were killed by members of the Rwandan
Armed Forces in retaliation for earlier attacks by the P7k. Two other cases
concerned hundreds of members of both Tutsi and Bagogwe ethnic groups, who
allegedly had supported the rebel force. In the latter cases, the forces
responsible for the executions were reported to be the Armed Forces. The last
case concerned the death in custody, allegedly as a result of torture, in
Mekibongo Prefecture, of an Episcopal priest; it was reported to the Special
Rapporteur that no investigation into this case had been undertaken.
E/CN.4/1992/30
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465. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Rwanda to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
Government reply
466. On 18 December 1991, in reply to the Special Rapporteur's letter
of 8 November 1991, the Government of Rwanda transmitted the following
information about the cases in question:
(a) Alfred Cyafubire. He was arrested on 6 December 1990 for
collaborating with the Inkotanyi, and was taken to the Rwamagana Brigade,
where his health deteriorated. He was immediately taken to hospital where
he died shortly afterwards. The Prosecutions Department of the iCiga Court
of Appeal is continuing the investigations;
(b) Sabin Nshutinzima and Pierre Chrysologue Mutanguha. They
were probably among the persons killed during the attack on the Ruhengeri
Prefecture. Judicial inquiries have been initiated into these cases and are
also being conducted by the Prosecutions Department of the Ruhengeri Court of
Appeal;
(c) One hundred persons (names unknown). They were members of the
Rwandan Patriotic Front and they met their deaths on the field of battle;
(d) Samuel Ndagijimana, Nathanaël Karasira, Moise Cyintama and his
four brothers, together with more than one hundred members of the Bagogwe
ethnic group. These cases were being examined by the Prosecutions Department
of the Ruhengeri Court of Appeal;
(e) Several hundred persons in ?lutara. These persons, who were not only
members of the Rwandan Patriotic Front in civilian clothing but also Rwandan
soldiers, met their deaths on the field of battle;
(f) Rukingamubiri family, Phocas Nkunzingabo and a number of other
persons who died in detention in the Gsien Prefecture, in the commune of
ICanama. A file has been opened and the pre—trial proceedings are being
conducted by the Department of Public Prosecutions in Gisenyi.
467. The Rwandan Government had taken additional measures to prevent further
loss of life in similar conditions, namely, negotiations to put an end to the
inter—ethnic war in the north of the country and a seminar for soldiers on the
subject of observance of human rights in time of war.
1. ppe Lfor isrgethactign
468 , During 1991, no appeal for urgent action was sent by the Special
Rapporteur.
E/CN.4/1992/3 0
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2. Qt e _ & ransmitted by the SpeciaLRapporteur
469. On 8 iJovember 1991, the Special Rapporteur sent a letter to the
Government of Senegal transmitting five cases of alleged summary or arbitrary
execution. Four incidents were reported to have occurred in 1990 in different
areas of Casamance and concerned extrajudicial executions or death in custody
of members of the separatist group Mouvement of Casamance Democratic Forces
(MFDC), the main political organization campaigning for autonomy or
independence of the Casamance region. Army members, regional police and
prison authorities were said to have been responsible for the killings.
470. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Senegal to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
3. Aggitional information received by _ tht.Spe.cial Rapporteur
471. The Special Rapporteur took note of a ceasefire agreement concluded
between the Government of Senegal and the Casamance separatist movement on
31 May 1991, which reportedly entailed complete withdrawal of governmental
forces from the conflict areas, the ending of hostilities, and free
circulation of goods and people within the Casasnance region. It was hoped
that this might lead to an improvement of human rights in Casamance.
South Afrjc.
1. 4 p eals for urgent action
472. On 15 March 1991, the Special Rapporteur sent a cable to the
Government of South Africa concerning threats upon the life of
Reverend Fizamo Phumzike Mathe, a human rights activist. According to the
information, Rev. Mathe was the organizing secretary of the Northern Natal
Council of Churches, in Ladysmith. Re had been active in assisting
communities threatened with dispossession of their homes and land as a
consequence of apartheid laws and in establishing “crisis committees” in
Ladysmith and in nearby towns to act as mediators in the violent political
conflict which had occurred in Natal Province since 1987. In the early part
of 1990, Rev. Mathe had received a number of threatening telephone calls,
including death threats. On 2.2 March 1990, he reported these calls to the
police. The threatening telephone calls continued. On 30 July 1990, the
police told his lawyer that the case was being investigated in detail but that
there were no likely suspects. On 26 February 1991, Rev. Mathe received a
telephone call at his office from a man who referred to the killing of
Chief Maphumulo, a political activist, saying “You will be the next one t1 .
473. In that connection, the Special Rapporteur referred to the fundamental
principle embodied in article 6 of the International Covenant on Civil and
Political Rights and appealed to the Government to take all measures at its
disposal to protect the life and physical integrity of the above—mentioned
person. In addition, he requested information on those measures, as well as
on the investigation carried out by the authorities in that case.
E/CN.4/1992/30
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474. On 21 June 1991, the Special Rapporteur sent a cable to the Government of
South Africa concerning 18 persons in Bophuthatswana who had been sentenced to
death and were awaiting execution. They were said to be: Johannes Chauke,
Thomas Makbubela, Charles Mokwena, Stephen Mlate, Paul Ramulta,
Jonathan Konopi, David Maaroganye, Patrick Mokotedi, Jonathan Molema,
Stephen Mashinii, Robert Montsho, Molehegi Molekwa, Adam Masbele,
Barnabas Thipi, Thomas Phiri, Zacharia Machaisa, Samuel Mhisi and
David Mzimela. According to the information, the prisoners had variously
filed for an appeal, lacked the legal assistance necessary to file an appeal
or, the appeal having been rejected, had filed a clemency petition or lacked
the legal assistance necessary to file one. It has reported that
Messrs. Molekwa and Mashele, who were co—accused, had been notified five days
before that their execution was scheduled for 19 June 1991. On 18 June 1991,
a stay of execution was granted. At the time of 1 receipt of the notice of
execution, the status of the legal proceedings of the co—accused differed:
Mr. Molekwa's leave to appeal had been dismissed on S May 1990 while
Mr. Machele had not yet appealed. It would therefore appear that there had
been procedural irregularities. In addition, on the basis of the reports
received, it would appear that the trial procedures under which all of the
accused had been convicted and sentenced to death, as well as procedures
relating to appeal and clemency, fell short of international standards for
fairness.
475. In that connection, the Special Rapporteur referred to the fundamental
principles embodied in the Universal Declaration of Human Rights and
reiterated in the International Covenant on Civil and Political Rights, to a
decision by the Human Rights Committee concerning the issues of legal
assistance and effective legal representation (Carlton Reid v. Jamaica), and
to the Safeguards guaranteeing the protection of the rights of those facing
the death penalty, approved by the Economic and Social Council in its
resolution of 25 May 1984. He appealed to the Government of South Africa to
take all measures at its disposal to protect the life and physical integrity
of the above—mentioned persons and requested information on those measures, as
well as on the investigation carried out by the authorities in those cases.
476. On 26 August 1991, the Special Rapporteur sent a cable to the Government
of South Africa concerning Frans Nahuma , Thomas Mavundla, Thomas Monene and
Elliot Rampau, all from Khutsong township outside Carletonville in western
Transvaal province, who bad been arrested by members of the South African
police on 23 July 1991. They were detained at Welverdiend police station near
Carltonville. A few days later they were released, without charges having
been brought against them. According to the information, the four men
informed their lawyer that they had been tortured during interrogation with
the aim of making them confess to crimes which they had denied having
committed. Several police officers, including an officer recently appointed
as commander of the police station, were implicated in the allegations of
torture. At least one of the men was threatened with death if he revealed
that torture had been carried out.
477. It was also reported that members of the South African police at
Welverdiend police station had repeatedly been linked to allegations of
torture and extrajudicial executions (see doc. E/CN.4/199l/36, para. 463 (e)).
It was further reported that during 1990, Mr. Mbuyiselo “Nixon” Phiri had
E/CN.4/1992/30
page 124
also died after being held at Welverdiend police station; allegedly, he had
been tortured. During that same period, six other detainees at Welverdiend
police station were shot dead by police under suspicious circumstances. Four
of the six had alleged in statements to their lawyers that they had been
tortured during interrogation and that they had witnessed the torture of
fellow detainees there.
478. The Special Rapporteur noted that, in early July 1991,
President Be Klerk had set up a Special Task Force under the direction of
Major—General R. Van Der Westhuizen to investigate, among other things,
allegations of police involvement in acts of torture and extrajudicial
executions in Khutsong township and at Welverdiend police station. Five of
the police officers formerly based at Welverdiend police station had
reportedly been suspended from duty at the end of July. Nevertheless,
according to the information, other police officers allegedly involved in
human rights violations, including extrajudicial executions, remained in their
posts.
479. In that connection, the Special Rapporteur referred to the fundamental
principles embodied in the Universal Declaration of Human Rights which were
reiterated in the International Covenant on Civil and Political Rights and in
the Declaration and the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, to the Standard Minimum Rules for the
Treatment of Prisoners, adopted by the 1955 United Nations Congress on the
Prevention of Crime and Treatment of Offenders, and to the Principles Relating
to the Effective Prevention and Investigation of Extra—legal, Arbitrary and
Summary Executions adopted by the Economic and Social Council in its
resolution 1989/65 of 24 May 1989. The Special Rapporteur appealed to the
Government of South Africa to take all measures at its disposal to protect the
life and physical integrity of the above—mentioned persons and requested
information on those measures, as well as on the investigation carried out by
the authorities in those cases.
480. On 13 September 1991, the Special Rapporteur sent a cable to the
Government of South Africa concerning information that at least 57 persons bad
been killed and 44 wounded in Thokoza township when unidentified assailants
fired upon persons on their way to a rally. According to the information, on
8 September 1990, a group of Inkatha supporters were marching to join a rally
in favour of fellow hostel—dwellers. Allegedly, a man wearing a long black
jacket and wielding an AK—47 appeared, blowing a whistle. He then was joined
by other men, also carrying rifles, who opened fire on the crowd. Reportedly,
army personnel escorting the marchers did not immediately attempt to disarm
the attackers, although, after the killings, the police and army moved in with
the aim of forcing the marchers back to their hostels and preventing further
attacks. At least one suspect was arrested and a police inquiry into the
incident has been ordered. The killings came in the wake of increasing
tensions in East Rand factories between members of the Inkatha—affiliated
union, Uwusa, and supporters of the African National Congress. Reportedly, at
least six persons had been killed and over a dozen injured since July 1991 as
a result of such tensions.
E/CN.4/1992/30
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481. In that connection, the Special Rapporteur referred to the Principles
Relating to the Effective Prevention and investigation of Extra—legal,
Arbitrary and Summary Executions, and to articles 3 and 6, respectively, of
the Universal Declaration of Human Rights and the International Covenant on
Civil and Political Rights. He appealed to the Government to take all
measures at its disposal to protect the life and physical integrity of its
citizens and requested information on those measures, as well as on the
investigation carried out by the authorities in that case.
482. On 13 November 1991, the Special Rapporteur sent a cable to the
Government of South Africa concerning Solomon Nhleko, a community activist and
a member of the African National Congress (ANC). On 20 October 1991, he was
severely wounded in the course of an attack by a group known as Amasinyoras,
which was alleged to have links with the South African Defence Force and the
Kwazulu police. It was also reported that his brother, Buti Nhleko, together
with three other ANC activists had been abducted on 9 September 1991,
allegedly after an ambush by members of the Ewazulu police. The bodies of
Mr. Nhleko and Boy Duba were found on 13 September 1991. The third person
reportedly died in hospital and the fourth was alleged to be in hiding,
because he feared for his life.
483. According to further information, Solomon Nhleko had also been the
subject of a previous attack. On 12 May 1990, he was abducted by members of
the South African Defence Force with the help of Amasinyoras members. On that
occasion, after searching his house and seizing documents containing
complaints by Kwaxnashu residents to the Kwazulu police against the
Amasinyoras, he was reportedly taken in a military vehicle to an area, claimed
to be an Amasinyoras stronghold, and beaten up. Later, he was taken to a
sugar—cane field where the soldiers reportedly threatened to kill him, in
spite of formal charges made by him to the Military Police (who were
responsible for investigating complaints against the South African Defence
Force), and although he was believed to have formally identified the vehicle
in question and the individuals involved, he was informed three months after
the event that no prosecution would be instituted. The persons connected with
the attack on Mr. Nhleko on 20 October 1991 had reportedly been seen in the
vicinity of the hospital where he was convalescing.
484. On 19 November 1991, the Special Rapporteur sent a cable to the
Government of South Africa concerning Chechela Machitje, a member of the
African National Congress (ANC), who on 19 October 1990 was sentenced to five
years' imprisonment under the 1982 Internal Security Act. On
5 September 1991, this sentence was changed, after an appeal hearing, to a
five—year suspended sentence. According to the information, from
18 September 1991 until he went into hiding in mid—October , Mr. Machitje is
said to have been followed by men in a white Mazda car which reportedly had
Seen seen regularly outside his family home in Thokoza township and outside
the home of a close friend. It was reported that the car was owned by a car
rental company and rented by a man who, on several occasions in late 1990, had
encountered Mr. Machitje and asked about the progress of his court case. It
was alleged that one of the occupants of the car was identified as a policeman
who had been involved in the arrest and questioning of Mr. Machitje before his
1990 trial; another occupant of the car was identified as a person who had
sought out other ANC members. In view of the highly volatile situation in
E / ON. 4 / 1992/30
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Thokoza township since the incidents of 8 September and 7 October 1991, f ears
were expressed that Mr. Machitje might have been a potential victim of
assassination.
485. In connection with these two cases, the Special Rapporteur referred to
the Principles Relating to the Effective Prevention and Investigation of
Extra—legal, Arbitrary and Summary Executions and to the fundamental
principles embodied in the Universal Declaration of Human Rights which were
reiterated in the International Covenant on Civil and Political Rights and in
the Declaration and the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment. He further appealed to the Government to
take all measures at its disposal to protect the life and physical integrity
of the above—mentioned person and requested information on these measures as
well as on the investigation carried out by the authorities in this case.
486. At the time of the present report, no reply had been received from the
Government of South Africa.
2. Other cases trausmitteij to the Government
487. On 18 November 1991, the Special Rapporteur sent a letter to the
Government of South Africa transmitting the following allegations he had
received concerning extrajudicial executions of civilians:
(a) On 1 January 1991, 35 people reportedly died and 40 others were
wounded when gunmen using automatic weapons fired on mourners during a vigil
for a slain MO youth organizer. According to survivors, Inkatha supporters
were responsible for the shooting. It was alleged that they were acting with
the complicity of the police;
(b) On 27 March 1991, in Alexandra, 20 gunmen reportedly opened fire
with automatic weapons on sleeping mourners at a prayer vigil. Survivors of
the shooting were allegedly attacked with pangas and knives. At least
15 people were said to have been killed and 18 others wounded. It was alleged
that the police did not provide any protection in spite of having received a
call for help;
(c) On 12 Nay 1991, in Icagiso, Johannesburg, at least 25 people were
reported to have been killed and 30 others injured when up to 1,000 Zulus
carried out a pre—dawn raid on a Xbosa squatter camp outside Kagiso.
Allegedly, members of the police had been escorting the raiders towards the
camp in armoured personnel carriers;
(d) On 13 September 1990, in Johannesburg, an attack on a commuter train
was said to have caused the death of at least 10 people, while 100 were
injured. On 25 June 1991, in Soweto, 6 people were reportedly shot and
18 wounded when gunmen opened fire on a crowded commuter train. In both
cases, it had been alleged that the gunmen acted with the acquiescence of the
Government. Reportedly, charges against the perpetrators of the
September 1990 killings were withdrawn after police failed to produce
sufficient evidence;
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(e) On 22 July 1991, in Kwa Madala township, one man was allegedly
hacked to death by more than 300 armed men who attacked residences in the
township. Reportedly, police did not make any arrests but instead escorted
the attackers back to their hostel;
(f) On 5 May 1991, in Bekkersdal, West Rand, at least two people were
said to have been killed and four others injured when 4,000 to 5,000 armed
Inkatha supporters started shooting indiscriminately on a squatter camp.
Allegedly, policemen stood by without taking any action. After some time, it
was reported that they also opened fire on the camp.
488. In the same letter, the Special Rapporteur transmitted to the Government
of South Africa the following allegations concerning cases of death in custody
in police stations:
(a) Members of the South African police at Welverdiend police station,
western Transvaal, had repeatedly been linked with cases of alleged torture
and extrajudicial execution of potential witnesses. From January 1990 to
April 1991, at least 14 people were reported to have been tortured and/or
executed by policemen at Welverdiend;
(b) In December 1990, in Protea police station, members of the Soweto
Murder and Robbery Unit of the police were reported to have subjected to
torture and executed one man;
(c) In June 1990, in Potgietusburg police station, a teacher and lay
preacher reportedly died in custody while in solitary confinement. It was
alleged that his death was a result of torture.
489. In addition, the Special Rapporteur transmitted to the Government of
South Africa information he had received according to which between January
and July 1991 at least 20 MO activists were extrajudicially executed by
members of the officially disbanded Civil Cooperation Bureau (COB) death
squads.
490. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of
South Africa to provide him with information on the above—mentioned cases and,
in particular, on the progress and results of judicial investigations carried
out by the competent authorities.
Sri Lanka
1. Appeals for urgent action
491. On 12 September 1991, the Special Rapporteur sent a cable to the
Government of Sri Lanka concerning threats made to the Muslim community of
Kattankudi by the Liberation Tigers of Tamil Eelam (LTTE), a group engaged in
an armed conflict with Sri Lankan security forces in the north—èas tern part of
the country. According to the information, in mid—July 1991 in I(attankudi, a
Muslim town in eastern Sri Lanka, the LTTE put up posters ordering people to
leave “or face the consequences”. The same organization had allegedly also
sent letters to local mosques threatening members of the Muslim community with
E/CN.4/1992/30
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death if they did not leave the area. On 15 August 1991, in apparent
retaliation for those threats, several Muslim Home Guards reportedly arrested
four Taniil youths from Manchentoduvai. Reportedly, the youths were beaten up
and subsequently released after being told to deliver to the entire community
the message to vacate the area within 10 days. Since the outbreak of the
fighting between Sri Lankan security forces and the LTTE in June 1990, tension
between the Tamil and Muslim communities in north—eastern Sri Lanka had
increased considerably. Reportedly, hundreds of Muslim and Sinhalese
villagers had been killed in the province during 1990.
492. In that connection, the Special Rapporteur referred to paragraph 4 of the
Principles Relating to the Effective Prevention and Investigation of
Extra—legal, Arbitrary and Summary Executions adopted by the Economic and
Social Council in resolution 1989/65 of 24 May 1989, to the principles
embodied in the Universal Declaration of Human Rights and to article 6 of the
International Covenant on Civil and Political Rights. He also referred to the
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
and the annex thereto.
493. On 4 October 1991, the Special Rapporteur sent a cable to the Government
of Sri Lanka concerning harassment and threats made against the life and
physical integrity of P.R. Weerasiri, attorney—at—law, by the police.
According to the information, P.R. Weerasiri was requested by the Bar
Association of Sri Lanka to appear on behalf of petitioners who, among other
things, had been charged with robbery. Mr. Weerasiri was allegedly repeatedly
requested by the police not to appear in these cases, and his life was
threatened. In late August 1991, he was assaulted on the way to his office.
Reportedly, when Mr. Weerasiri attempted formally to complain of the incident
at the Homagama Police Station, he was ignored. In consequence of the above,
the Bar Association of Sri Lanka was undertaking to have Mr. Weerasiri
relocated.
494. In that connection, the Special Rapporteur referred to paragraph 4 of the
Principles Relating to the Effective Prevention and Investigation of
Extra—legal, Arbitrary and Summary Executions, to the principles embodied in
the Universal Declaration of Human Rights and to article 6 of the
International Covenant on Civil and Political Rights.
495. In connection with these two cases, the Special Rapporteur appealed to
the Government of Sri Lanka to take all measures at its disposal to protect
the life and physical integrity of the communities and persons concerned and
requested information on those measures, as well as on the investigation
carried out by the authorities in those cases.
496. At the time of the present report, no reply had been received from the
Government of Sri Lanka.
2. Qther cases transmitted by the SpecialJtapporteur
497. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Sri Lanka transmitting 18 cases of alleged summary or arbitrary
executions. One of the allegations concerned five persons who had died as a
result of torture by police, one in Randy district in August 1990 and the
E/cThI.4/1992/30
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other four in the Mnparai district on hi January 1991. According to
information received, the LTTE had reportedly taken effective control of the
north—eastern part of the country following the withdrawal of the Indian
Peace—keeping Forces from Sri Lanka in March 1990; heavy fighting was said to
have resumed between government forces and the LflE which resulted in a large
number of deaths among the civilian population in Jaffna, Trincomalee,
Batticaloa and Amparai.
498. It was reported that more than 185 people were killed in Batticaloa
district on the night of 12 June 1991 when the security forces entered the
villages of Ampilanthurai and Mabiladithiru near Kokkoddichobi and allegedly
massacred Tamil civilians including women, children and babies, and set many
houses on fire.
499. Reprisal killings of Tamil civilians by Muslim groups in the east, some
of whom were allegedly armed by the Government, were reported after hundreds
of Muslim civilians were killed, allegedly by the LflE. Since the outbreak of
violence, tension between the Tamil and Muslim communities in the
north—eastern province has increased considerably.
500. It was also reported that 30 people were allegedly killed in Jappna
district as a result of bombing raids by the Sri Lankan Air Force between
13 January and 4 April 1991.
501. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Sri Lanka
to provide him with information on the above—mentioned cases and, in
particular, on the progress and results of judicial investigations carried out
by the competent authorities.
Government reply
502. On 18 December 1991, a reply was received from the Government of
Sri Lanka to the Special Rapporteur's letter of 8 November 1991. According to
the reply, the Government stated that it had decided to review the command
structure of the security forces and to put the Home Guards under strict
control. In addition, it was stated in an jdtinemoire that the following
measures had been taken to address human rights concerns:
(a) A five—member Independent Commission of lnquiry had been appointed
to examine all aspects of alleged abuses of human rights;
(b) A Human Task Force had been appointed to maintain a register of
detainees and establish the identity of all missing persons;
(c) Following an All—Party Conference, legislation had been tabled in
Parliament to enlarge the extent of fundamental rights already enshrined in
the Constitution;
(c i) With regard to those taken into custody on suspicion of subversive
activity, the Government was working towards releasing those against whom
there was no evidence of illegal activities. The Yayaleth Committee had been
set up to expedite this process;
E/CN.4/ 1992/30
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(e) The President had appointed a commission of three members to
investigate the incidents that had taken place during the night of
12 June 1991.
In addition, the Government of Sri Lanka stated that it attached the highest
importance to responding to allegations forwarded by United Nations human
rights mechanisms and that it would continue to cooperate fully with the
Centre for Human Rights.
1. Appeals for urgent action
503. On 4 February 1991, the Special Rapporteur sent a cable to the Government
of Sudan concerning three persons, Hani Shakour, Siddik Mobamed Abmed and
Dawina Mohamed Dawina, who had been sentenced to death by special courts in
Khartoum. It was further alleged that their trials may have failed to satisfy
international minimum standards and that the three risked imminent execution.
According to the information received, Mr. Shakour was charged with
contravening the new currency regulations, apparently, he was arrested in
May 1990 and sentenced on 21 January 1991. Mr. Abmed was convicted on charges
of black—marketeering and sentenced to death in mid—January 1991. Mr. Dawina
was convicted on charges of murder arising out of an incident in which three
members of the security forces were killed in February 1989; he was sentenced
to death on 30 September 1990. It was unclear whether the three men had been
allowed full legal representation at their trials. It was alleged that the
men had not been allowed to appeal to a higher court against either their
convictions or their sentences. It appeared that since the new military
governing body, the National Salvation Military Command Council (NSRCC), had
taken power in June 1989, prisoners sentenced to death were not allowed proper
legal representation at their trials, or to appeal to a higher court.
504. In this connection, the Special Rapporteur referred to article 14 of the
International Covenant on Civil and Political Rights which sets forth
procedural and substantive safeguards designed to protect the rights of the
accused prior to and during the trial, and to ensure that the defendant is
accorded certain post—trial rights, including the right to have the conviction
or sentence reviewed by a higher tribunal. In addition, he referred to
paragraphs 4, 5, 6 and 7 of the Safeguards guaranteeing protection of the
rights of those facing the death penalty approved by the Economic and Social
Council in its resolution 1984/50 of 24 May 1984 which reinforce the
obligation of States to respect article 14 of the Covenant. The Special
Rapporteur appealed to the Government of Sudan to take all measures at its
disposal to protect the life and physical integrity of the above—mentioned
persons and requested information on those measures, as well as on the
investigation carried out by the authorities in those cases.
505. On 21 September 1991, the Special Rapporteur sent a cable to the
Government of Sudan concerning the alleged imminent execution of a number of
persons. The names of the 43 known persons were given as follows:
Col. Ahxned Rhalid (army officer), Col. Yahya Gamal (army officer),
Col. Shaa El—Din Awad el Karim (army officer), Col. E1—Fatih Sa lih Humaida
(army officer), Col. Abdalla l4ohamed El—Aniin (army officer),
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Gol. Abdel Karim Kaf I (army officer), Lt. Col. Mi! Mohamed E1—Haj (army
officer), Lt. Go!. Hamid El—Tayed (army officer), Lt. Col. Khalid Fadl el—seed
(army officer), Lt. Go!. Mohained Hamadto (army officer),
Maj. Gen. Mobamed Osman Abdalla Halifi (army officer, retd),
Gen. Tijani A u Salih (army officer, retd), Brig. Mohamed Abated El—Rayah
(army officer, retd), Brig. Sayid Haxnouda (army officer, retd),
Brig. A u Tijani Ali (army officer, retd), Co!. Mustafa El—Tinai (army
officer, retd), Abdelrahman Abdalla Nugudalla (Former Minister of Religious
Affairs; Member of the dissolved Parliament; Member of the Political Bureau of
the Umma Party), Abdel Latif El—Gimaibi (member of the Youth Organization of
the Umma Party), Omer Mohamed Omer (Member of the Timma Party),
Mutassim El—Goreishi (businessman), Gen. El—Sheik Mustafa (army officer,
retd), Gen. El—Rashid Abdallah (army officer, retd), Gen. Mirghani Babiker A u
(army officer, retd), Capt. Faisal Kaballo (army officer, retd)
Lt. Go!. Shakir Ali El—Tahir (army officer), Lt. Col. Abmed Mi Maghoub
(army officer), Lt. Col. El—Baghir Ornar Ahmed (army officer),
Lt. Go!. Mohamed Sir El—Khatim (army officer), Brig. Moatasim El—Rayah Obeid
(army officer), Col. Abu el—Gassim Rassan Bilil (army officer),
Col. Omar Mohamed Abdallah (army officer), Gen. A u Hussein Ali (army officer,
retd), Gen. Ahmed El—Bashir Ahmed (army officer, retd),
Col. Mobamed Hashim Mahmoud (army officer, retd), Brig. Mohamed El—Busra Salim
(army officer, retd), Air Cdre. Ramadan Hamad (air force officer, retd),
Col. Sidiq Abdel Asiz (army officer, retd), Lt. Col. Abdel Marouf El—Dissougi
(army officer, retd), Brig. Abdel Salman Sir El—Khatim (army officer, retd),
Brig. Abdel Hafiz Kbidir Hafzalla (army officer, retd),
Gen. (Dr.) Mobamed Bilal (army officer, retd), Admiral Tijani Ali Saleh (naval
officer, retd), Brig. Sharaf El—Din Ali Malik (army officer, retd).
506. Among an unknown number of other present and former soldiers and
civilians, the following were included: Alsheukh Mustafa (army officer,
retd), Rashid Abdallah (army officer, retd), Mairghani A u Betty (army
officer, retd), Beshir Omer (member of the Umma Party; Former Minister of
Finance; former Minister of Information; former member of Parliament; lecturer
at University of Kharthoum), Omer Nour Al—Di'En (Former Minister of Finance;
former Minister of Agriculture; former member of Parliament; Member of the
Politburo of the Timma Party), Bakri Adiel (former Minister of Energy; Member
of the Politburo of the Umma Party), Salah Abdel Salam (former Minister for
Presidential Affairs; former Member of Parliament; Member of the Politburo of
the Umma Party), Ahmed Bilal (former State Minister for Health; former Member
of Parliament; Member of the Politburo of the DUP), Mairghani Abdelrahman
Al—Haij Suleiman (former Minister of Trade; former Member of Parliament;
Member of the Politburo of the DUP).
507. According to the information, on or about 20 August 1991, arrests of the
above—cited army officers, retired army officers and civilians, together with
an unknown number of other soldiers and civilians took place in and around
Khartoum. There was no indication that formal charges bad been brought
against those arrested; they were thought to be held incommunicado at the
General Military Headquarters, the Security Headquarters and Kober Prison in
Khartoum; at least one of the detainees, Colonel Mustafa El—Tinai, had been
tortured with the aim of securing suinformation!! which may be used to arrest
other individuals. Persons sentenced to death since the 1989 coup had
allegedly not enjoyed their right to the protection guaranteed them under
E/CN.4/1992/30
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international minimum standards for fair trial. It appeared that defendants
had been permitted neither proper legal representation, nor the right to
appeal their convictions to a higher court.
508. Such alleged deficiencies were the subject of the Special Rapporteur's
communications of 7 May and 26 July 1990 concerning the execution of more than
28 senior army officers arrested in late April 1990 (E/CN.4/199l/36,
paras. 487—490). Therein, the Special Rapporteur transmitted information
concerning the trial and execution of the officers, noting that, reportedly,
the defendants' trial had lasted two hours, that the defendants were not
allowed legal counsel, that they were not allowed to appeal either their
convictions or their sentences to a higher court and that they were executed
within 24 hours of sentencing. At that time, the Special Rapporteur expressed
his concern that the aforementioned executions bad taken place following legal
proceedings which may have failed to satisfy international minimum standards
for fair trial, as well as his expectation that the Government would ensure
that such standards be respected in future.
509. Since that time, the Special Rapporteur bad received additional
information indicating that two of the senior retired officers who had been
executed, Major—General Osman Idriss al—Bela 1 and Colonel Mohained
Abmad Chassim, had been arrested at least three days prior to the alleged coup
attempt. These persons, along with another, Major—General Khalid al—Zein Ali,
reportedly had been executed on 20 April 1990, that is to say, before both the
alleged c jjp attempt and the trial in question.
510. The Special Rapporteur acknowledged that, on 21 May 1990, the Government
of Sudan bad responded to his communication of 7 May 1990 stating, among other
things, that the 28 persons in question bad been executed by firing squad
following a trial “by a competent high military court and that the judgment of
this court was fair and could not be subject to an appeal in conformity with
the stipulations of the relevant military laws” (E 1CN.4/1991/36, para , 493).
This suggested, as ong other things, that provision for a Military Court of
Appeal is precatory and, thus, in contravention of prevailing international
minimum standards for fair trial.
511. On 14 February 1991, the Government responded to the Special Rapporteur 's
communication of 26 July 1990 which noted, among other things, the legal basis
of the charges against the 28 active and retired army officers and the rules
of procedure governing the military tribunal in which their trial took place.
512. In this connection and taking into account the above—mentioned responses
furnished by way of reply to allegations submitted to the Government, the
characteristics of which were not dissimilar to the cases already
communicated, the Special Rapporteur referred to the fundamental principles
set forth in the Universal Declaration of Human Rights and reiterated in the
International Covenant on Civil and Political Rights and in the Declaration
and the Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. He noted that these principles included the right to
be presumed innocent until proven guilty according to law, which right was to
be understood as ensuring, intes alia, that a charge has been proven beyond a
reasonable doubt and that all public authorities refrain from prejudging the
outcome of a trial, and the right to effective legal representation.
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513. In addition, the Special Rapporteur referred to article 6 of the
Declaration on the Protection of all Persons from Being Subjected to Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, to the Standard
Minimum Rules for the Treatment of Prisoners adopted by the First
United Nations Congress on the Prevention of Crime and Treatment of Offenders,
in 1955, and approved by the Economic and Social Council in its
resolutions 663 (Xxiv) C of 31 July 1957 and 2076 (LXII) of 13 May 1977. He
also referred to paragraphs 4, 5 and 6 of the Safeguards guaranteeing the
protection of the rights of those facing the death penalty, approved by the
Economic and Social Council in its resolution 1984/50 of 25 May 1984, as well
as to the implementation of those Safeguards, approved by the Economic and
Social Council in its resolution 1959164 of 24 May 1989. The Special
Rapporteur appealed to the Government to take all measures at its disposal to
protect the life and physical integrity of the above—mentioned persons and
requested information on those measures as well as on the investigation
carried out by the authorities in those cases.
Government replies
514. On 12 February 1991, a reply was received from the Government of Sudan to
the Special Rapporteur's letter of 26 July 1990 (see E/CN.4/l99l/36,
para. 490) transmitting details of the procedure under which the retired army
officers named by the Special Rapporteur had been tried, as well as
information concerning the state of emergency in the country and on the
Special Courts and the adniinistation of justice.
515. D i i 18 October 1991, a reply was received from the Government of Sudan to
the Special Rapporteur s cable of 21 September 1991, regarding allegations of
arrests of a number of army officers and civilians in and around Khartoum on
about 20 August 1991. According to this reply, the preliminary inquiry had
brought the following charges against the aforementioned detainees: causing
or conspiring with other individuals to facilitate mutiny against legitimate
authority, and waging or abetting war against the Government. The Government
of Sudan refuted allegations that those detained had been held incommunicado;
that one of the detainees, Col. Mustafa El—Tinai, bad been tortured and that
since the advent of the Revolution for the National Salvation in the Sudan in
1989, persons convicted and sentenced to death had not enjoyed the right of
protection guaranteed to them under international standards for fair trial.
The Government of Sudan stated its commitment to the strict observance of the
principles relating to international minimum standards for fair trial which
were enshrined in its laws.
516. On 23 December 1991, a further reply was received from the Government of
Sudan regarding the allegations of arrests of army officers and civilians: on
2 December 1991, sentence was passed on SO active and retired army officers
and some politicians; despite rumours that the plotters had been tortured and
that some of them had been killed, they appeared fit and healthy in front of
television cameras for a one—hour broadcast of their confessions. Most of
them including Mr. Abdelrahman Abdalla Nugudalla, the former Umma Party
Minister, thanked the court for its patience and justice. Twenty five of the
plotters including Mr. Nugudalla and Colonel Ahmed Khalid, leader of the
foiled c jp were sentenced to death. However, the President and
Commander—in—Chief of the armed forces applied his prerogative under the rules
E/CN.4/l992/30
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of criminal procedures and commuted the death sentences to life imprisonment
and reduced all the other prison sentences to shorter terms. Seven officers
were acquitted.
2. Other cases transmitted by the Specia1Jtapport ur
517. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Sudan transmitting the following information:
(a) One of the allegations concerned the death in custody, allegedly as
a result of torture, of a prisoner in A1—Bakr A1-Ahmar, Port Sudan, in late
May 1991: the victim had been arrested together with his brother by members
of the Port Sudan Security Forces, allegedly because their cousin, a supporter
of the banned Democratic Unionist Party (DUP), had escaped from prison;
(b) In late May 1990, four men, including two Roman Catholic teachers
were allegedly arrested by Government troops in Meridi (southern Sudan),
beaten, soaked in petrol and set on fire: one man was reported to have died;
it was alleged that no investigation has been carried out into this matter;
(c) On 23 January 1991, an employee of the Ministry of Education died in
Al—Khartoum Koser Prison: suffering from several diseases, he allegedly had
received inadequate medical care while in prison.
518. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Sudan to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
yernment reply
519 , On 20 December 1991, a reply was received from the Government of Sudan to
the Special Rapporteur's letter of 8 November 1991 stating that the cases
transmitted had been brought to the attention of the authorities.
Suriname
1. Appeals for urgent action
520. During 1991, no appeals for urgent actions were sent by the Special
Rapporteur.
2. Other cases transmitted by the Spe ia1 Rapporteur
521. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Suriname transmitting allegations concerning the death of a
police inspector near the military headquarters in Free Zeelandia on
4 August 1990. According to the information received, the victim had
reportedly directed a number of investigations into crimes involving military
personnel, and at the time of his death he was said to have been investigating
charges that senior military officers were engaged in cocaine trafficking. It
was alleged that members of the military were responsible for his killing.
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The Police Officer's Union reportedly pressed the Government to investigate
the case but, according to the information received, no results had been made
public.
522. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Suriname
to provide him with information on the above—mentioned case and, in
particular, on the progress and results of judicial investigations carried out
by the competent authorities.
Thailand
1. Appeals for urgent action
523. On 4 June 1991, the Special Rapporteur sent a cable to the Government of
Thailand concerning the possible deportation of asylum—seekers from Myanmar
living in the border area and who were thought to risk extrajudicial
execution, torture or arbitrary detention upon their return. According to the
information, on 20 and 21 May 1991, Thai military authorities, Task Force 34,
headquartered in Mae Sot, Tak Province, announced plans to deport between
15,000 and 20,000 so—called “illegal immigrants” from Myanmar by the end of
May. The same authorities also announced that no more asylum—seekers or
others from Myanmar would be allowed to enter Thailand “illegally”.
Reportedly, the deportation was to be carried out by authorities of Tak
Province, assisted by police and military forces. The deportation exercise
was expected to commence soon and to be completed quickly. The majority of
those to be deported allegedly had come to Thailand illegally to seek work.
However, it was reported that one Task Force 34 officer asserted that student
political activists who had fled Myanmar to escape repression by Myanmar's
ruling State Law and Order Restoration Council (SLORC) would also be rounded
up and sent back across the border. Reportedly, student activists and
“illegal immigrants” who were members of Myanmar's ethnic minority groups
would not be handed over to SLORC authorities but would instead be deported to
Myaninar territory not under its control, such as areas held by the insurgent
Karen Nations Union. Recently, those areas had come under attack by SLORC
troops as a consequence of which thousands of people had fled into Thailand.
It appeared that those recently arriving in Thailand from Myanmar were also to
be deported.
524. The closure of the border would prevent people from escaping to Thailand
in the event of a SLORC attack against the remaining territory under insurgent
control. Since September 1988, when SLORC took power, thousands of political
activists and others had fled into Thailand from Myanmar to escape large—scale
human rights violations by SLORC. Many of those threatened with deportation
and denial of entry to Thailand allegedly risked extrajudicial execution,
torture or arbitrary detention for their non—violent political activities if
they fell into the hands of SLORC.
525. In that connection, the Special Rapporteur referred to the fundamental
principle of non—refs ulement and requested that such people should be given an
opportunity to contact a representative of the United Nations High
Commissioner for Refugees (tINHCR). He also referred to articles 3, 7 and 14
of the Universal Declaration of Human Rights. The Special Rapporteur appealed
E/CN.4/ 1992/30
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to the Government of Thailand to take all measures at its disposal to protect
the life and physical integrity of the above—mentioned persons and requested
information on those measures, as well as on the investigation carried out by
the authorities in those cases.
526. At the time of preparation of the present report, no reply had been
received from the Government of Thailand.
Togo
1. Appeal for urgent _ ac tion
527. On 9 October 1991 the Special Rapporteur sent a cable to the Togolese
Government concerning the persons who had allegedly been killed and wounded by
the security forces during demonstrations at Lomé. According to the
information received, on 8 September 1991, unarmed civilians were said to have
gathered in the capital and the security forces had used excessive force
against the crowd in order to disperse it, thus causing the death of at least
seven persons and wounding others.
528. In this connection, the Special Rapporteur referred to paragraphs 4, 5, 9
and 10 of the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials, which state that the amount of force used should be in
proportion to the objective to be achieved. This concept falls under the
heading of the basic principle enunciated in article 3 of the Universal
Declaration of Human Rights and article 6 of the International Covenant on
Civil and Political Rights. Moreover, referring to paragraphs 9 to 20 of the
Principles on the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions and on methods of effectively investigating
such executions, the Special Rapporteur urged the Togolese Government to take
all measures at its disposal in order to protect the life and physical
integrity of the demonstrators and requested information on those measures as
well as on the investigation carried out by the competent authorities in those
cases.
529. No reply had been received from the Togolese Government at the time this
report was prepared.
2. Other cases tnnsmitted by the Special kapporteur
530. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Togo transmitting four cases of alleged summary or arbitrary
execution. They concerned victims of unrest and anti—Government protest that
occurred in Lomé in 1991: reportedly, one 12—year—old boy died, a policeman
and six other persons were wounded when trucks and military jeeps entered into
the crowd of protesters on 16 March 1991; more than 22 bodies of young people
were said to have been recovered from the lagune in Lomé on ii April 1991.
They are believed to be bodies of protesters allegedly killed by the Armed
Forces. Two young men were also reported to have been extrajudIcially
executed by members of the Security Forces on 5 April 1991, when they tried to
topple a statue of President Gnassingbé Eyadema. Also during the riots, a
human rights and pro—democracy activist was subjected to serious threats,
E/CN. 4/1992/30
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allegedly by members of the Security Service: on 16 March 1991, his two cars
were burnt, his home was vandalized and burnt; his wife and one cousin were
severely beaten.
531. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Togo to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
inic lad _ and Tobagc
1. Appeals for urgent action
532. During 1991, no appeals for urgent action were sent by the Special
Rapporteur.
2. Other cases transmitted b _ ky the Special Rapporteur
533. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Trinidad and Tobago transmitting information he had received
concerning the alleged extrajudicial execution, on 15 August 1990, at Camp
Fleur Neighbourhood, of a young man, the son of the leader of the Jamaat Al
Nuslimeen movement, who was reportedly shot by the police at his mother's
home. The Jamaat Al Tiuslimeen is said to be the organization which, on
27 July 1990, invaded the Farliament of Trinidad and Tobago and held the prime
minister, cabinet ministers and other parliamentarians hostages, calling upon
the Government to hold general elections. The Government negotiated with the
group and they were also reportedly granted a presidential amnesty in respect
of the of fences they bad committed. According to information received, an
inquiry into the above—mentioned case had been initiated by a coroner sitting
without a jury; no official results of the inquiry had so far been published.
534. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Trinidad
and Tobago to provide him with information on the above—mentioned case and, in
particular, on the progress and results of judicial investigations carried out
by the competent authorities.
Tunis ia
1. Appeal for urgent action
535. On 18 January 1991, the Special Rapporteur sent a cable to the Tunisian
Government concerning Dali Laainari, 59 years of age, former member of the
Tunisian diplomatic corps, who was reportedly found guilty of high treason by
a criminal court and sentenced to death on 25 December 1990. On
28 December 1990, the Court of Cassation was said to have confirmed the
sentence. According to information received, Mr. Laamari's trial allegedly
lasted one day and was held in camera ; the condemned man, held in secret after
his arrest on 16 October 1990, was reportedly tortured and subjected to
ill-treatment. Furthermore, it is said that Mr. Lasmari was not allowed to
see his lawyer during the first two weeks of his detention.
E/CN .4/1992/30
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536. In this connection, the Special Rapporteur referred to article 14 of the
International Covenant on Civil and Political Rights, which has been ratified
by Tunisia, and Economic and Social Council resolution 1984/50 of 25 May 1984
on safeguards guaranteeing protection of the rights of those facing the death
penalty. As fears had been expressed concerning Mr. Laaniari's imminent
execution, the Special Rapporteur urged the Tunisian Government to take all
measures at its disposal to protect his life and physical integrity and
requested information on those measures as well as on the investigation
carried out by the competent authorities in that case.
Qctvernment replieA
537. On 12 February 1991, the Government of Tunisia replied to the
Special Rapporteur's letter of 28 November 1990 (see E/CN.4/36, para. 499) and
cable of 18 January 1991 concerning, respectively, Hédi Boutaieb and
Dali Laamari.
538. It was stated that, on 3 April 1990, Mr. Boutaieb, who was a conscript
undergoing basic training, had a fit of hysterics and shouted loudly “I am the
awaited prophet”; a comrade, private Qamal bin Omar Salama tried to calm him
down, but to no avail. Taking advantage of his group being engaged in
clearing the barracks, he slipped out. His absence was noticed around
mid—day. Search operations inside and outside the barracks began. On
11 April 1990, his body was found by border guards in the bed of a dry wadi,
at a location 4 km away from the barracks near the Tunisian—Libyan border:
the corpse could not be immediately identified because of its state of
decomposition and because the deceased had got rid of his uniform; however,
fingerprints proved the corpse to be that of Private Hédi Boutaieb. According
to the autopsy, the body showed no traces of violence nor traces of poisoning;
because of the decomposition of the body, the cause of death could not be
determined positively. However, the absence of water in the stomach and urine
in the bladder, and in view of the dryness of the skin, it was be concluded
that death was caused by thirst and exposure to the heat of the sun and not by
violence or poisoning.
539. With respect to the case of Dali Laamari, the Tunisian Government
indicated that, after Mr. Laamari, Minister Plenipotentiary in the Ministry of
Foreign Affairs had been accused of a breach of external State security by the
Government Procurator of the Republic of Tunisia, an information was laid
before the senior examining magistrate. In the course of the investigation,
the accused had enjoyed all the guarantees necessary for his defence; during
his first appearance, he had been informed that he could refrain from making a
statement and that he had the right to choose a counsel. During his
detention, the accused had been able to communicate with the lawyers he had
appointed. After the investigation, the examining magistrate, considering
that the acts of which he stood accused constituted the crime of treason
provided for and punishable under articles 60 of the Penal Code, had
ordered the transfer of the proceedings to the Indictment Division of
29 November 1990. The latter had decided to refer the accused on the same
grounds and for the same crime to the Criminal Court of Tunis. The accused,
assisted by his two lawyers, had appeared before the Criminal Court. Pursuant
to article 143 of the Code of Criminal Procedure, proceedings are public
unless a public hearing constitutes a danger for public order or morale. In
E/CN.4/ 1992/30
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the case in question, the Court decided that the trial would be held
in caneta . Sentenced to death, Mr.Laamari had appealed, but his appeal was
rejected by the Court of Cassation on 26 December 1990. The Tunisian
Government nevertheless indicated subsequently that
President Zine El—Abidine Ben A u had, on 9 October 1991, commuted his death
sentence to one of life imprisonment.
2. Other cases transmitted by the Special Rapporteur
540. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Tunisia transmitting three cases. The first two concerned the
death in custody of Abdelaziz Ben Hamuda Nahwachi and Abderraouf Laaribi,
allegedly as a result of torture during prolonged preventive detention in
March and April 1991. In both cases, the families were informed that the
victims had died of a heart attack; reportedly, the families were not provided
with a death certificate, an autopsy report or other medical certificate
indicating the cause of death, and were not authorized to see the bodies.
541. The third case regarded students who reportedly died during violent
clashes with members of security forces which had occured in Tunisia
throughout the month of May 1991. According to information received, on
5 May 1991, five students, members of the General Union of Tunisian Students,
died during a violent Islamic fundamentalist student protest.
542. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Tunisia to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
Government reply
543. On 17 December 1991 the Tunisian Government replied to the
Special Rapporteur's letter of 8 November 1991. It emphasized that the
information referred to was fallacious and had been deliberately distorted and
that, in point of fact, it constituted an attempt by certain quarters hostile
to the Government to make improper use of human rights procedures. The
Tunisian Government also indicated that, as a result of allegations of
degrading treatment and periods of detention having been exceeded, the
President of the Republic had instructed the Chairman of the Higher Coniriittee
for iluman Rights and Fundamental Freedoms to set up a Committee of Inquiry to
investigate allegations of human rights violations. This Committee, which
was established on 25 June 1991 and consists of six independent members,
namely, two lawyers, two physicians, one representative of the Tunisian League
for Human Rights and one representative of the Tunisian Red Crescent, had been
completely free to conduct its inquiries in all places of detention and with
the families of detainees, and had made its conclusions and recommendations
public. Its inquiries and conclusions have publicly confirmed that no
detainees were held in secret in Tunisia. At most the Committee referred to
the “complaints of families which for a time do not know where their relatives
are being detained”; judicial investigations have indicated that most of the
persons in question were on the run. Sources of information that were far
from objective took advantage of such situations to create confusion between
E/CN.4/1992/30
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the time such persons had taken flight and the period of custody. The
Committee also identified certain abuses attributable to the acts of
individuals and not in accordance with State policy; it mentioned that such
abuses had been investigated and that disciplinary action had been taken
against those responsible. Judicial investigations of certain abuses had been
embarked upon even before the Committee of Inquirty had set about its task.
544. The following information has been transmitted concerning the cases
referred to:
(a) Abdelaziz Ben Ramuda Maliwachi. Available information concerning
this person reveals that be has died; a judicial investigation is being
conducted to determine the cause of death;
(b) Abderraouf Laaribi. Re has neither been arrested nor placed in
police custody; an inquiry is under way to determine the cause of his death;
(c) Case of five students killed. These allegations do not contain
sufficient information that could provide the services concerned with guidance
in their investigation (complete absence of names).
545. The Tunisian Government has also transmitted a brief account of the
measures taken to limit the period of police custody and pre—trial detention,
to prevent any kind of inhuman and degrading treatment and to punish any
breaches or abuses in this respect.
Turkey
1. Appeal for urgent action
546. On 11 October 1991, the Special Rapporteur sent a cable to the Government
of Turkey concerning allegations of harassment and threats against the lives
and physical integrity of Zubeyir Aydar, a lawyer, Deputy President of the
Turkish Human Rights Association ( n RA) and a member of the General Executive
Committee of the People's Labour Party (HEP), his wife, Evin Aydar, a
journalist and Chairman of the HRA branch office in Siirt, as well as against
other persons, some of whom are associated with the Turkish Human Rights
Association. According to the information, Mr. Aydar reportedly began to
receive death threats early in 1989 after researching and publishing details
of the existence of the so—called “Butcher's River” near Siirt, where victims
of extrajudicial executions were allegedly disposed. It was reported that
local military commanders had threatened Mr Aydar saying that his body would
one day be found in the river. Following the revelation by Mr. Aydar that the
deaths of three detainees had allegedly died under torture in Findik, Siirt
province, he again received a series of death threats. In September of 1989,
he was exiled to Malatya under emergency legislation; a second order for his
exile issued in July 1990 was cancelled. Because of her work as an
investigative journalist and her position with HItA, the safety of Ms. Aydar
also was said to be at considerable risk.
547. In May 1991, Mr. Abdulkerira Celek of Tasli village near Sirvan was
allegedly killed by members of the Kurdish Workers' Party (PICK). His
relatives were visited by the regimental commander of the provincial
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gendarmerie who allegedly told them that he had been killed by Mr. Aydar. At
midnight on 5 July 1991, Mr. Vedat Aydin, President of HEP in Diyarbakir and a
member of NRA, was taken from his home by several men who claimed to be police
officers. Three days later, his body was found near a busy motorway
approximately 60 Ion from Diyarbakir. Reportedly, it bore multiple bullet
wounds and traces of torture. Police were reported as telling a detainee in
Siirt that they had killed Vedat Aydin and that, within a month, they would
kill Zubeyir Aydar.
548. In this connection, the Special Rapporteur referred to paragraph 4 of the
Principles Relating to the Effective Prevention and Investigation of
Extra—legal, Arbitrary and Summary Executions adopted by the Economic and
Social Council in resolution 1989/65 of 24 May 1989, to the principles
embodied in the Universal Declaration of Human Rights and to article 6 of the
International Covenant on Civil and Political Rights. The Special Rapporteur
appealed to the Government of Turkey to take all measures at its disposal to
protect the life and physical integrity of the above—mentioned persons and
requested information on those measures, as well as on the investigation
carried out by the authorities in those cases.
Government reply
549. On 20 November 1991, a reply was received from the Government of Turkey
to the Special Rapporteur's cable of 11 October 1991 stating that after the
assassination of Vedat Aydin, President of the Diyarbakir section of the
Peoples's Labour Party (11EP), by persons disguised as policemen, Zubeyir Aydar
had knowingly propagated information claiming that he faced a similar danger.
It should be noted that Mr. Aydar was a candidate in the general election of
20 October 1991; moreover, be did not inform the authorities of Slirt province
that he had received any death threat.
2. Other cases transmitted by the Special Raptarteur
550. On 8 November 1991, the Special Rapporteur sent a letter to the
Govermnent of Turkey transmitting allegations concerning death threats
allegedly issued by members of the Turkish army and police. The circumstances
surrounding these allegations were as follows:
(a) On several occasions during 1991, members of human rights
organizations and individual human rights activists in Van and Siirt City and
a lawyer from Ankara were said to have received death threats, allegedly by
agents of the political police;
(b) Three villagers, one at Gokeedug on 11 October 1990, one in Kersafe
(during 1991, exact date unknown) and the third in Mecelidive on 27 May 1991
were reportedly threatened with execution by members of the Turkish military;
(c) Also during 1991, a student in Brisa and another man in Hasankeyf
were threatened, allegedly while being tortured by members of the political
police of the respective districts;
E/CN.4/1992/30
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(c i) In June 1991, a bomb reportedly exploded in the office of the
correspondant of a news magazine in Diyarbakir. It was alleged that the bomb
had been sent there by members of the Turkish political police;
(e) On 2 July 1991, in Batman, a bomb reportedly exploded in the car of
a member of a human rights association; the man and his 10—year—old son were
said to have been severely wounded. It was alleged that the bomb was a
military explosive and had been put into the car by members of the political
police.
551. In the same letter of 18 November 1991, the Special Rapporteur also
transmitted to the Government of Turkey information he had received concerning
deaths which allegedly occurred as a result of torture and other cases of
extrajudicial execution:
(a) From 31 January 1991 to 12 July 1991, eight people were said to have
died in preventive detention, allegedly after having been tortured by police
officers in different police stations in Ankara, Alik, Istanbul, Siirt,
Diyarbakir and Cizre;
(b) On 28 May 1991, five farmers were reportedly tortured and
extrajudicially executed in Pazarcik, presumably by members of the Turkish
army;
(c) In Tatvan, in May 1991, two members of the People's Labour Party
were reportedly killed by paramilitary groups, allegedly operating with
government acquiescence;
(d) On 28 June 1991, two farmers of Siirt were reported to have been
killed outside their village by members of the Turkish army;
(e) On 3 July 1991, two Kurds were reportedly killed by a police
commissioner in Avcilar, Istanbul, allegedly for singing and speaking in
Kurdish;
(f) During June and July 1991, three people were said to have been
killed in front of their houses in Mardin and Diyarbakir, and one other in
Makkari when he tried to leave his village, allegedly by members of the army
and the political police;
(g) On 8 and 27 July 1991, respectively, three people were found dead
after having disappeared in Diyarbakir. It was alleged that they had been
abducted and killed by members of the political police;
(h) On 28 June 1991, in Sirnak, Siirt province, five people reportedly
died as a result of assault and physical abuses, allegedly perpetrated by
members of paramilitary groups condoned by the Turkish army.
552. In addition, in the same letter, the Special Rapporteur transmitted to
the Government of Turkey information received according to which three people
were allegedly killed during peaceful demonstrations. The first incident was
reported to have occurred on 28 February 1991, when two people were shot,
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allegedly by members of a “special team” of the police during a demonstration
in Sirnak, Siirt province. On 28 April 1991, a 13—year—old boy was reportedly
killed during a demonstration in Bingol, allegedly by members of the Army.
553. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Turkey to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
Government replies
554. On 18 December 1991 the Turkish Government, replying to the
Special Rapporteur's letter of 8 November 1991, provided information on the
following cases:
(a) Saddrettin Akbav. Following Mr. Akbay's murder by Nurettin OUzel,
Karnil OUzel, Gazi OUzel HUseyin Bartin and Mebmet Sait Bartin because of
animosity, proceedings were initiated before the llakkari Court of Assize on
the basis of an indictment dated 12 August 1991;
(b) Mecit Kaplan. The Administrative Council of the Sub—Prefecture of
Tatvan (Bitlis) decided on 3 April 1991 to refer the case of police officer
Durmus OzgUl to the Bitlis Court of Assize on the count of murdering
Mr. Kaplan during an incident that occurred in the course of a street
demonstration at Tatvan on 25 January 1991. Proceedings were under way;
(c) Avni Ongen. The Bitlis government procurator's office stated that
there was no official record of any appeal or complaint alleging that
Avni Ongen had been murdered; moreover, the Bitlis government procurator's
office provided a copy of his civil registry certificate dated 5 December 1991
indicating that Avni Ongen was alive;
(d) Abdullah Okuyucu. The Batman government procurator's office
indicated that there was no official record of any appeal or complaint to the
effect that Abdullah Okuyucu had been murdered;
(e) Ismail Efe. Proceedings have been initiated before the Agri Court
of Assize against Osman Gbkdemi, an NCO in the gendarmerie, who was indicted
for the murder of Ismail Efe and exceeding his powers. The case was being
tried;
(f) Hamit D6ner. He was killed by bullets during the skirmish that
occurred between him, accompanied by Hakan Teomete, and security forces when
he tried to cross the Turco—Iranian border illegally (frontier markers 16—17);
his accomplice Hakan Teomete was arrested. The Dogubeyazit government
procurator's office which initiated the proceedings decided on 17 January 1991
that it was not competent to deal with the case and transferred the file to
the government procurator's office of the Court of National Security at
Erzincan;
E/C}I.4/1992/30
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(g) tiveys Elma. The government procurator's offices of KUtahya,
Dursunbey and Tavsanli have not received any appeals or complaints alleging
that death threats bad been made against Uveys Elma in the street on
11 October 1990;
(h) Rainazan Ferat , A heated exchange took place between Ramazan Ferat
and Halil Esenboga about the parking of a car on 7 June 1991 at Sanliurf a;
according to the statements made, Halil Esenboga refused to move his car to
enable Rainazan Ferat to park. Following the intervention of Zeki Kece and
Syit Eren, traffic police officers, Ramazan Ferat and the two police officers
caine to blows. Proceedings were initiated before the Sanliurfa Criminal Court
on the basis of the warrant of 7 June 1991. However, since the two principals
had withdrawn their respective complaints, a decision was taken to terminate
the action in accordance with articles 460 and 489 of the Penal Code. As a
result of the incident that occurred on 7 June 1991, Ramazan Ferat was taken
directly to the Sanliurfa Law Courts and proceedings were initiated the same
day;
(i) Gülseren Havaci. On the basis of information that suspicious
persons were using Mrs. Havaci's apartment, the latter was searched by the
Bursa police on 20 May 1991 in the presence of the apartment's owner and the
Mayor of Bursa; it was established that Huseyin Isik, presented as
Mrs. Havaci's fiancé, was using the apartment, in which two pistols and
14 bullets were found. Mrs. Havaci and Mr. Isik were arrested and placed in
police custody on 26 May 1991, the day on which they returned to the
apartment. On 27 May 1991 the government procurator's office decided to
extend by five days the period of police custody so as to be able to finish
questioning them. The Bursa magistrate's court to which they were referred
on 31 May 1991 decided on that same day to release Mrs. Havaci, to place
Mr. Isik under arrest, and to transfer the file to the government procurator's
office of the Court of National Security at Istanbul. The above—mentioned
persons have not lodged any complaint or appealed to the Bursa government
procurator's office alleging that they had been tortured or subjected to
ill—treatment; the government procurator's office considers that the
allegation made in this sense is both unjust and insincere;
(j) Mehmet Sen, Silleyman Ascan and SUkrü Cetin. There is no official
record of any appeal or complaint by these persons alleging that they had been
threatened by Lieutenant Haul Batur;
(k) Nurettin Sevinc. The Pervari government procurator's office has
established, on the basis of an extract from a civil registry document
dated 5 December 1991, that this person, allegedly murdered on 20 May 1991,
was alive;
(1) Murat Argic. As this person's death was caused on 28 April 1991 by
the soldier Selim LCurnaz who opened fire in the military precinct of the
Bingol brigade, the government procurator's office of Bingol province decided
on 30 April 1991, following a preliminary investigation, that it was not
competent to deal with the case and transferred the file to the Military
Procurator's Office of the 8th Army Corps at Erzincan;
E ICN .4/ 1992/30
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(m) Yalcup Kara, Hainit Kara and HUseyin Babat. As they were proceeding
by car from Uludere (Sirnak Province) in the direction of Sirnak, their way
was barred by militant members of the terrorist PKK organization, and the five
persons in the vehicle were killed by machine—gun fire. The PICK left several
communiques at the scene of the crime. After initiating an investigation, the
Sirnak government prosecutor's office decided it was not competent to deal
with the case and transferred the file to the government procurator's office
of the Court of National Security at Diyarbakir;
(n) Mebmet Kilinc. During the night of 28 June 1991, in the course of a
skirmish with security forces near the village of Dagkonak (Sirnak Province),
Mehmet Kilinc, a member of the illegal PICK organization, accompanied by
another person, was killed; several magazines and grenades were found on his
body. The Sirnak government procurator's office transferred the file to the
Administrative Council of the Province;
(o) Agit AltUrk. Mr. AltUrk was killed in the course of the attack
on 31 July 1991 against the quarters of officials of the Tiludere
sub—prefecture by the PICK using rockets and automatic weapons. During the
skirmish, Mr. AltUrk whose house was in the aggressors' line of fire went
outside and was struck by their projectiles. The Uludere government
procurator's office decided it was not competent to handle the case and the
file was transferred to the government procurator's office of the Court of
National Security at Diyarbakir;
(p) Salih Kalay and Sehnuz Yorga. On 28 February 1991, gendarmes tried
to prevent persons from stealing coal from the Sirnak mines; the thieves
reacted by leading their mules in the direction of the gendarmes who fired
fnto the air to disperse them; one bullet severed some electric cables which
fell to the earth, electrocuting a soldier. Despite a few warning shots, the
crowd, brandishing shovels and pickaxes, charged the gendarmes, forcing them
to fire on the mules, thereby killing 20 or 30. As the crowd, armed with
shovels and pickaxes, wanted to demonstrate in the street, the security forces
tried to explain that demonstrations were illegal. The crowd then began to
throw stones at them. One shot was fired into the crowd, which attacked the
security forces who then fired a few shots into the air; Mr. Salih Kalay and
Mr. Yorga were hit by two bullets and killed. The crowd then broke up and
proceeded into the town, where several administrative buildings, including the
bank, the school and the hospital were stoned. The crowd dispersed after some
of the demands it had addressed to the competent authorities had been
satisfied. The Sirnak government procurator's office, which decided it was
not competent to handle the case, transferred the file to the Administrative
Council of Sirnak Province; however, it considers that dozens of persons would
have been killed had the security forces fired intentionally at the crowd.
The two persons who were unfortunately hit had very probably been in the
forefront of the demonstration;
(q) Nurettin Turgut. Mr. Turgut was arrested for participating in the
activities of the terrorist PICK organization. The Van Governmetit Procurator's
office transferred the file containing the record of the investigation of his
case to the Court of National Security. There is no official record of any
appeal or complaint alleging that he had been threatened by the police;
E/CN.4/l992/30
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(r) Ibrahim Doner. It was established that Mr. Doner, imam of the
village of Kayadeien (Bitlis Province, Rizan Sub—Prefecture), killed himself
with his pistol. Following a preliminary investigation, the Hizip goverIt t
procurator's office reached the conclusion that the letter written by Ybza m
Doner in his own hand just before his death, the statements of witnesses, the
autopsy report and the expertise's reports all constituted proof that
confirmed the suicide presumption and issued a dismissal order on
12 November 1990;
(s) Idris Can. On the basis of the investigation carried out by the
Beykoz government procurator's office (Istanbul) into the murder of Idris Can,
the accused, namely, Umit Suekinci, Mehment Cetin and Ozbey Salman were
brought before the Court of Assize of UskUdar; proceedings were initiated
against theni on the basis of an indictment dated 5 August 1991 by the
government procurator's office in the same town. The case was being heard.
(t) Kemal Karatay and Ali flaydur Aydogan. The proceedings initiated
against Police Commissioner Ilyas Kaya for the murder of iCemal Karatay and
A u Raydar Aydogan by the third Court of Assize of Bakurkoy (Instanbul) on the
basis of the indictment by the Government procurator's office of the same town
were under way;
(u) Besir Algan. The government procurator's office of Midyat (Mardin
Province), following a preliminary investigation into the murder of
Besir Algan in the village of Budakli on 21 May 1990 transmitted the file to
the Administrative Council of the Mudyat Sub—Prefecture;
(v) Ali Balcin, A u Soytut, Nasir Gbksungur, Mebinet Kartalkanat,
Hasan Camkiran, Naci Donat, Mehmet YUrekkirmaz, Yakup Aktas and Mebmet Vural.
These persons were suspected of having perpetrated bomb and armed attacks in
the separatist cause; after being located in a rural area they responded to
the appeals of the security forces by opening fire on them. During the
skirmish, the above—mentioned members of the illegal PICK organization were
killed. The government procurator's office of Pazarcik (Maras Province),
following a preliminary investigation, transmitted the file to the State Court
at Malata on 19 June 1991;
(w) Mustafa Ozge ‘and Emire Aidur. The government procurator's office of
Pazarcik (Maras Province) has stated that there is no information indicating
that these two persons have been killed or that proceedings involving them
have been initiated;
(x) Ismail Oral and Hatice Dilek. The Istanbul police went to the
domicile of these persons on 19 May 1991; their names and addresses had been
discovered among the documents of Barbara Anna Kis tier who had been arrested
during the searches and investigations carried out in connection with several
murders and bomb attacks committed in Istanbul. In the course of an armed
clash with security forces, Ismail Oral and Hatice Dilek were captured after
they had been wounded; they were taken to a hospital (ilaydarpasa Numune
ilastanesi), where they died. A search of their apartment carried out after
the incident tuned up automatic weapons, pistols, grenades, munitions and
E/ON.4/1992/30
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empty cartridge cases, as well as several documents belonging to the terrorist
TKP—F4L/TIKKO organization. The government procurator's office of Kadikoy
(Istanbul) decided it was not competent to handle the case and transmitted the
file to the government procurator's office of the Court of National Security.
The preliminary investigation in respect of the members of the security forces
involved was following its course;
(y) Salih Pogan and Ahmet Dogan. Persons whose identity could not be
established threw a grenade into the car which was being driven by Ahmet Dogan
and in which Salih Dogan was a passenger; Salih Dogan was killed and
Abmet Dogan injured. The government procurator's office of Kiziltepe
(Mardin), having decided that it was not competent to handle the case after
initiating the investigation, transmitted the file to the Court of National
Security of Diyarbakir on 6 November 1991;
(z) Ramazan Arslan. The government procurator's office of Midyat
(Mardin Province) is pursuing its investigation of the murder of Itainazan
Arsland who was killed with an automatic weapon in front of his house during
the night of 13 June 1991. The guilty parties are being sought;
(aa) Mi Turan. There is no record of All Turan having been killed;
(ab) Osman Ekinci. It was established on the basis of an autopsy that
Osman Ekinci died at Eruh—Serkepki (Sirnak Province) of coronary thrombosis.
The government procurator's office of Eruh considered it pointless to carry
out an investigation;
(ac) Abmet Turendi and Mehmet Serif. Suspected Of aiding the terrorist
PICK organization, Mr. Turendi and Mr. Serif were placed in police custody on
27 July 1991 and 29 July 1991 respectively. The government procurator's
office of Batman, after having recorded their statements on 31 July 1991,
released them and transmitted the files to the government procurator's office
of the Court of National Security at Diyarbakir. These two persons have not
lodged any complaint or appeal alleging torture and ill—treatment during the
investigation.
555. Supplementary Information was received from the Turkish Government
concerning the following cases on 19 December 1991:
(a) Ishan Basbügu. It has been determined that Mr. BasbUgu coimnitted
suicide on 31 January 1991 while he was in police custody. The proceedings
initiated against police officers Clineyt Demir and Osman Yolu, whose
negligence was established in this case, were continuing before the
21st Ankara Court of Major Jurisdiction;
(b) ilaydar Arman. The proceedings initiated against police officers
Bayram Aydemir, Cahit Selekoglu, Mecit Turan and Sahindas, accused of having
caused the death of Mr. Arman by striking and wounding him, were continuing
before the 1st Court of Assize of Ankara;
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(c) Ibrabim Sarica. Mr. Sarica was killed when he disregarded warnings,
tried to flee and opened fire on security forces during the searches they
carried out on 18 June 1991;
(d) All Riza Aydogan. Suspected of having participated in illegal
activities, All Riza Aydogan had been taken to Beyoglu Police Station
(Istanbul); he committed suicide by jumping from the third storey where he bad
gone to the toilet. Following an investigation, proceedings were initiated
against those responsible before the Beyog lu Court of Assize;
(e) Emine Latifeci. Mrs. Latifeci was killed during an armed clash
between security forces and terrorists. Investigation of the matter was
continuing;
(f) Ramazan Durmaz. Mr. Durmaz was found dead near the village of
Dargecit Sarp (Mardin Province) on 30 June 1991. The investigation initiated
by the government procurator's office of Midyat was continuing;
(g) Cavidan Kocaacar and Bedii Yarayici. Mr. Yarayici and Mr. Kocaacar
were arrested and placed in police custody on 12 June 1991 and 13 June 1991
respectively for having worked for the terrorist Dev—Sol organization. The
Court of National Security before which they were brought decided on
28 June 1991 to hold Bedii Yarayici and to release Cavidan Kocaacar;
(h) Yakup Aktas. Yakup Aktas died during his transfer to hospital after
he had become indisposed while in police custody;
(i) Mebmet Tevfik Timurtas. Mr. Timurtas was arrested and placed in
police custody on 4 January 1991 for having helped the terrorist PiCK
organization by receiving stolen goods. He fell ill on 4 January 1991 and was
transferred to the S±rnak Military Hospital where he died; a diagnosis during
the medical examination carried out before his death revealed a heart
irregularity;
(j) Necmi Suna and Ummet Suna. Following a preliminary investigation
carried out on the basis of a complaint alleging that Necmi Suna and Ummet
Suna had been tortured while in police custody, the file was transmitted by
the government procurator's office to the Ankara Prefecture.
556. Supplementary information was received from the Turkish Government
concerning the following cases on 23 December 1991:
(a) Mustafa Tan. The investigation initiated by the government
procurator's office of Diyarbakir into the death of Mustafa Tan was continuing;
(b) Hasan HUseyin Emer. The investigation initiated by the government
procurator's office of Diyarbakir in connection with an explosive thrown into
ilasan llUseyin Emer's office was continuing.
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U g anda
1. Appeal for urgent action
557. On 17 May 1991, the Special Rapporteur sent a cable to the Government of
Uganda concerning the extrajudicial execution of over 70 persons in the south
of Kitgum district. According to the information, on 10 April 1991, army
units operating in the areas of Atang and Acholibur in the south of Kitgum
district reportedly detained several hundred men and women, assembling them at
the homestead of an alleged rebel commander. Most of the women were
threatened with execution but were subsequently re1eased however, two women,
Santa Achero and another whose name is not known, who had been living with the
insurgents apparently after having been abducted by them, were reported to
have been executed extrajudicially. In the same areas, men were detained and
were reportedly questioned some distance away from the homestead in groups of
six. Several were released, but it was reported that as many as 38 persons
were executed extrajudicially: among these were Santo Alero, a leader of the
local community, his son Ochieng and a farmer called Modesto Agaba. In
addition, it was reported that government troops were responsible for the
deaths of at least 33 civilian prisoners during operations in the north of
Kitgum district during the first week of April. It was also reported that due
to the context of armed insurgency in parts of the country, many incidents of
extrajudicial execution of prisoners and unarmed civilians had occurred, for
which responsibility lay with government armed forces.
558. In this connection, the Special Rapporteur referred to the fundamental
principles embodied in article 3 of the Universal Declaration of Human Rights
and article 9 of the International Covenant on Civil and Political Rights and
to the Principles Relating to the Effective Prevention and Investigation of
Extra—legal, Arbitrary and Summary Executions adopted by the Economic and
Social Council in resolution 1989/65 of 24 May 1989. The Special Rapporteur
appealed to the Government to take all measures at its disposal to protect the
life and physical integrity of all its citizens and requested information on
those measures as well as on the investigation carried out by the authorities
in those cases.
559. At the time of preparation of the present report, no reply had been
received by the Government of Uganda.
2. Other cases transmitted by the Special Rapporteur
560. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Uganda transmitting information according to which in
February 1991, more than 11 civilians had reportedly been executed by the
Ugandan army in Soroti district, allegedly for collaborating with rebel
groups. In May 1991, over 100 persons including members of rebel forces were
killed, allegedly by the Ugandan military, in Padibe, near Kitgum (northern
Uganda).
561. In the same letter, the Special Rapporteur also transmitted to the
Government of Uganda allegations concerning an incident in which approximately
100 people were said to have been killed by members of the Army in July 1989
in the Kumi district of Okungoro, when they were crammed into an unused
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railway waggon and burnt to death alive. Reportedly, this occurred in the
context of a campaign waged by the Ugandan Army against rebel forces. It was
alleged that no investigation into the case had taken place.
562. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Uganda to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
Union of Soviet Socialist Republics
1. Appealaior urgent action
563. On 14 January 1991, the Special Rapporteur sent a cable to the Government
of the Union of Soviet Socialist Republics concerning the death of at least
13 civilian demonstrators who were killed (and over 100 injured) when Soviet
troops seized the broadcasting facilities in Vilnius, Lithuania. It was
alleged that paratroopers backed by tanks opened fire at unarmed crowds
gathered there.
564. 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 be fully guaranteed and protected. In
addition, he requested information on the above—mentioned incident as well as
on the measures taken to prevent further deaths.
565. On 8 October 1991, the Special Rapporteur sent a cable to the Government
of the Soviet Union concerning incidents which led to government security
forces firing on civilian demonstrators on 25 September and 4 October 1991 in
Tbilisi, Georgia. According to the information, during the night of
25 September 1991, violent clashes broke out in Tbilisi between National Guard
troops loyal to State President Gamsakhurdia and government opponents, which
left at least four persons dead and five wounded. Further violence erupted on
the night of 3 October 1991, when elements of the OMON (special police forces)
attacked the retreating rebel guard near a lake on the outskirts of Tbilisi.
Also during that night, government security forces reportedly began to fire
upon apparently unarmed opponents of the State President who had gathered in
the streets. The violence continued into the following morning, when attacks
by government security forces upon civilian opponents of the President
increased in intensity; some of the security forces were allegedly dressed in
civilian clothing. In addition to firearms, the soldiers allegedly wielded
iron bars.
566. In this connection, the Special Rapporteur referred to paragraph 4 of the
Principles Relating to the Effective Prevention and Investigation of
Extra—legal, Arbitrary and Suninary Executions adopted by the Economic and
Social Council in its resolution 1989/65 of 24 May 1989, to the principles
embodied in the Universal Declaration of Human Rights, to article 6 of the
International. Covenant on Civil and Political Rights and to paragraphs 4, 5, 9
and 19 of the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials, adopted by the Eighth United Nations Congress on
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the Prevention of Crime held in Havana in 1990. The Special Rapporteur
appealed to the Government to take all measures at its disposal to protect the
life and physical integrity of its citizens and requested information on those
measures as well as on the investigation carried out by the authorities in
those cases.
567. On 11 December 1991, the Special Rapporteur sent a cable to the
Government of the Soviet Union concerning Vyacheslav Sharayevsky, 32 years of
age, and father of two young children, who was reportedly sentenced to death
on 21 September 1990 by the Supreme Court of the Russian Federation after
being convicted of murdering two women in 1989. Allegedly, he had no right of
appeal. According to the information, on 3 January 1991, in an interview with
the Russian newspaper Smolenskit 'eNovosti , Vyacheslav Sharayevsky claimed that
he had admitted responsibility for the crimes at the preliminary investigation
in order to save the life of his younger brother Vitaly who was in fact
responsible for them. Reportedly, Vitaly Sharayevsky had been convicted to
15 years ' imprisonment for his part in the murders. During the year—long
investigation, both brothers were said to have changed their evidence a number
of times, each in turn claiming their guilt. Reportedly, on 19 October 1990
Vyacheslav Sharayevsky lodged a petition for clemency with the Supreme Soviet
of the Russian Federation. According to the source, he has not received any
answer to date. Fears were expressed that, if his petition for clemency was
turned down, be would be in danger of imminent execution.
568. In this connection, the Special Rapporteur referred to the Safeguards
guaranteeing protection of the rights of those facing the death penalty
adopted by the Economic and Social Council in its resolution 1984/SO of
25 May 1984, to the Principles Relating to the Effective Prevention and
Investigation of Extra—legal, Arbitrary and Summary Executions and to
article 3 of the Universal Declaration of iluman Rights. ile appealed to the
Government of the USSR to take all measures at its disposal to protect the
life and physical integrity of the above—mentioned person and requested
information on these measures as well as on the investigation carried out by
the authorities in this case.
Government rtply
569. On 29 January 1991, the Government of the Soviet Union replied to the
Special Rapporteur 's cable dated 14 January 1991, transmitting a statement
made by President Mikhai l Gorbachev in Moscow on 22 January 1991 concerning
the situation in Lithuania.
2. Other cases transmitted by the Special Rapporteur
570. During 1991, no other cases were transmitted by the Special Rapporteur.
3. Other information received by the Special Rap orteur
571. On 23 May 1991, a communication was received from the Government of the
Republic of Lithuania which drew the attention of the Special Rapporteur to
the actions of the Soviet military towards citizens of the Republic of
Lithuania, and appealed to him to inform the nations of the world, members of
the United Nations, of the violations of human rights on the territory of
Lithuania.
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United Republic of Tanzania
1. Appeals for urgent action
572. During 1991, no appeals for urgent action were sent by the
Special Rappor tear.
2. Other case s transmitted.by _ the Special Rapporteur
573. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of the United Republic of Tanzania transmitting allegations
according to which on 25 May 1991, the leader of the clandestine opposition
group Tanzanian Youth Democratic Movement, detained at Ukanga prison, died at
Mubimbili medical centre, allegedly after having been tortured while in
custody.
574. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of the
United Republic of Tanzania to provide him with information on the
above—mentioned case and, in particular, on the progress and results of
judicial investigations carried out by the competent authorities.
United States of America
I. A peais for urgent action
575. On 22 February 1991, the Special Rapporteur sent a cable to the
Government of the United States of America concerning the case of
Mr. Joe Giarratano who was due to be executed by electrocution in Virginia
on 22 February 1991, after exhausting all appeals. Newly—discovered evidence
suggested that potentially exculpatory evidence was not made known to the
defence at the time of the trial and also that Mr. Giarratano may not have
been competent to stand trial. According to the information, Mr. Giarratano,
now aged 34, was convicted in 1979 of the murder of Barbara Kline and the rape
and murder of her 15 year—old daughter Michelle, in Norfolk, Virginia.
Mr. Giarratano, who was heavily addicted to drugs at the time, claimed that be
discovered the bodies after waking from a blackout in their apartment where be
also bad been living. He fled to his home state of Florida, but immediately
surrendered himself to the police and confessed to the crime. To date, the
only physical evidence which connected Mr. Ciarratano to the scene of the
crime was one hair and some fingerprints. Mr. Giarratano waived his right to
a jury trial, refused to cooperate with his trial lawyer and asked for the
death penalty. He was convicted and sentenced to death after a trial lasting
half a day. Subsequently, his appeal lawyers uncovered evidence which raised
serious questions about his guilt, they also challenged his mental state at
the time of the trial and, in particular, the reliability of the confession
which was used in evidence to secure conviction.
576. On 19 July 1991, the Special Rapporteur sent a cable to the Government of
the United States of America concerning the imminent execution of Andrew Lee
Jones. According to the information, Mr. Jones, an African-American, was
convicted of the murder of an Il—year—old African—American girl and sentenced
E/CN.4/ 1992/30
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to death in November 1984; be was due to be executed in Louisiana on
22 July 1991. Mr. Jones is believed to be mentally retarded and suffers from
neurological brain damage resulting from several serious head injuries
sustained during •his early life. Mr. Jones was represented at the trial by a
court—appointed lawyer who, apparently owing to his inexperience, failed to
object to the prosecution's challenge against all the potential
African—American jurors. During the appeals process, the issue was raised as
to whether the trial court had violated the 1986 Supreme Court ruling in
Babson v. Kentucky in which the Court held that it was unconstitutional to
remove black jurors from trial juries on account of their race. Moreover, in
January 1991, the State of Louisiana changed the method of execution from
electrocution to lethal injection in order to provide a more humane method of
execution, the effect of the law was not, however, retroactive. Thus,
prisoners sentenced to death before 1 January 1991 may not choose between the
old and the new methods of execution, but must be executed by electrocution.
577. On 19 September 1991, the Special Rapporteur sent a cable to the
Government of the United States of America concerning the imminent execution
of Antonio James and of James Russell. According to the information,
Antonio James, aged 36, an African—American, was sentenced to death by
Louisiana courts for the murder of a white male during the course of a robbery
in 1979, he was scheduled to be executed on 19 September 1991. It was alleged
that Mr. James may have been mentally retarded. Mr. James Russell, aged 42,
an African—American, was convicted in Texas for the kidnap and murder of
Mr. Thomas Stearns, a white businessman. He was sentenced to death in
November 1977 following legal proceedings which, at both the trial and appeals
stages, may have suffered from deficiencies likely to raise questions as to
their conformity with prevailing minimum international standards for fair
trial. Mr. Russell exhausted his legal appeals on 28 June 1991 when the
United States Supreme Court denied his federal habeas corpus petition. He was
scheduled to be executed on 19 September 1991. Mr. Russell was arrested
shortly after the murder of Mr . Stearns and was detained for three years in
jail while awaiting trial. During the jury selection process, the prosecutor
successfully excluded several potential African—American jurors who,
reportedly, were well—qualified: an all—white jury resulted. During the
trial, some of the prosecution's arguments appeared to be designed to place
unwarranted emphasis upon the fact that defendant was an African—American and
the victim was white.
578. In connection with the above three cases, the Special Rapporteur referred
to the Safeguards guaranteeing protection of the rights of those facing the
death penalty approved by the Economic and Social Council in its
resolution 1984/50 of 25 May 1984 to paragraph 4 of the Principles Relating to
the Effective Prevention and Investigation of Extra—legal, Arbitrary and
Summary Executions adopted by the Economic and Social Council in
resolution 1989/65 of 24 May 1989, to the principles embodied in the Universal
Declaration of Human Rights and to article 6 of the International Covenant on
Civil and Political Rights. He further appealed to the Government of the
United States of America to take all measures at its disposal to protect the
life and physical integrity of the above—mentioned persons and requested
information on those measures as well as on the investigation carried out by
the authorities in those cases.
E/CN.4/ 1992/30
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579. On 24 December 1991 , the Special Rapporteur sent a cable to the
Government of the United States off America concerning the imminent execution
of Johnny F. Garett. According to the information, Mr. Garett was due to be
executed in the state of Texas on 7 January 1992 after being sentenced to
death in September 1982 for the rape and murder of a 76 year—old nun.
Mr. Carett, now aged 27, was 17 years old at the time of the crime; it was no
known that be had a history of drug and alcohol abuse and had been diagnosed
as chronically psychotic; this evidence was reportedly not presented to the
trial jury. In June 1989, the United States Supreme Court ruled that juvenih
offenders of 16 years could be executed, although the minimum age for the
death penalty in Texas is 17 years of age.
580. In this connection, the Special Rapporteur referred to the standards set
out by the Covenant on Civil and Political Rights for the imposition of the
death penalty and, in particular, to article 6, paragraph 5, concerning the
death penalty for crimes committed by persons under 18 years of age; he also
referred to the minimum standards for fair trial as articulated in
international legal instruments and resolutions pertaining to the
administation of justice. Moreover, the Special Rapporteur referred to
paragraph 4 of the Principles Relating to the Effective Prevention and
Investigation of Extra—legal, Arbitrary and Summary Executions, to the
principles embodied in the Universal Declaration of Human Rights and to
article 6 of the International Covenant on Civil and Political Rights. He
further appealed to the Government to take all measures at its disposal to
protect the life and physical integrity of the above—mentioned person and
requested information on those measures as well as on the investigation
carried out by the authorities in that case. At the time of preparation of
the present report, no reply had been received from the Government of the
United States of America.
Venezuela
1. Appeal for urgent action
581. During 1991, no appeals for urgent action were sent by the Special
Rapporteur.
2. Other caaes transmitted by the Iaecial Rapportet a
582. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Venezuela transmitting information regarding the judicial
investigation into the reported discovery of the mass graves at ISLa Peste”
Cemetery in Caracas, in particular on the progress made in identifying the
bodies. Reportedly, the persons buried in the graves were victims of the
extrajudicial killings of February and March 1989, described in the report of
the Special Rapporteur to the Commission on Human Rights at its forty—seventh
session (E/CN.4/1991/36, paras. 521—31). It was reported that, after some
delays allegedly attributable to the authorities, the court order issued by a
civil judge to exhume the bodies at La Peste was carried out in November 1990:
the bodies of 68 young men were said to have been found. The Special
Rapporteur was also informed that the former Minister of Defence and the
President of the Municipal Council of Caracas, both called as witnesses in th
course of the investigation in December 1990, had denied the existence of the
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mass graves and refused to provide information as they considered it a
military secret. After the promotion and transfer to another jurisdiction, in
April 1991, of the civil judge originally in charge of the case, fears were
expressed to the Special Rapporteur that the investigation process might be
slowed down.
583. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Venezuela
to provide him with information on the progress and results of the judicial
investigation into the above—mentioned case.
Government's reply
584. On 19 December 1991, a reply containing the following information was
received from the Government of Venezuela in response to the
Special Rapporteur's letter of 8 November 1991: the Government of Venezuela,
in view of its commitment to, and efforts to ensure respect for, human rights
has always referred your letters for reply to the Office of the
Attorney—General of the Republic, an independent organ of the Government (the
Attorney—General is appointed by Congress) which protects human rights and
guarantees constitutionality. The reply of this independent organ was the one
that the Government transmitted, in its own name, to the Centre for Human
Rights and to the Commission's Special Rapporteur. In the present
circumstances, the time allowed the Government to reply to this accusation is
insufficient. It would be unfortunate if the reply of the Government of
Venezuela could not be included in the report to be submitted to the
Commission on Human Rights at its forty—eighth session together with the
accusation to which the Special Rapporteur refers simply because there was not
enough time to provide the necessary information — a circumstance that cannot
be attributed to the National Government.
Yemen
1. Appeal for urgent action
585. On 22 April 1991, the Special Rapporteur sent a cable to the Government
of Yemen concerning Hamza Abu Zeid, a Palestinian alleged to have been
responsible for the assassination of PLO officials in Tunis on
14 February 1991: it was reported that the Tunisian authorities handed him
over to the PLO who took him to Yemen; Mr. Abu Zeid apparently is held in a
camp in Sanaa and is said to have been tried there by a PLO military court,
found guilty of the murders in Tunis and sentenced to death. It was further
reported that Mr. Abu Zeid's execution was imminent.
586. In this connection, the Special Rapporteur, referring to articles 2 and 6
of the International Covenant on Civil and Political Rights, appealed to the
Government to take all measures at its disposal to protect the life and
physical integrity of the above—mentioned person and requested information on
those measures as well as on the investigation carried out by the authorities
in that case.
587. At the time of preparation of the present report, no reply had been
received from the Government of Yemen.
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Yugoslavia
1. Appeals for urzent action
588. On 19 March 1991, the Special Rapporteur sent a cable to the Government
of Yugoslavia concerning the possible extrajudicial execution of 2 persons and
the injury of at least 76 others in clashes between civilian demonstrators and
police in Belgrade on 9 March 1991. According to the information, a peaceful
mass demonstration in the centre of Belgrade turned violent when police used
tear—gas, water cannon and gunfire to break up a crowd estimated at between
3,000 and 10,000 persons who were calling for the removal of Mr. Slobodan
Milosevic as President of Serbia: the dead were identified as a 54—year—old
policeman and an 18—year—old youth; 2 other persons were treated for gunshot
wounds and at least 76 other persons were injured in the clashes.
589. In this connection, the Special Rapporteur referred to paragraphs 4, 5, 9
and 10 of the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials, to the fundamental principle set forth in the Universal
Declaration of Human Rights, and to article 6 of the International Covenant on
Civil and Political Rights.
590. As the Special Rapporteur felt that the situation in Yugoslavia was such
that his appeal alone might not suffice to safeguard the lives and security of
countless numbers of innocent persons not taking part in the acts of violence,
be also sent, on 19 March 1991, a cable to the Secretary—General of the
United Nations in which he referred to General Assembly decision 44/415 of
4 December 1989. That decision invited States Parties to resort to
third—party assistance in a form of a commission of good offices, mediation or
conciliation within the United Nations in order to settle their disputes by
peaceful means. In this connection, the Special Rapporteur appealed to the
Secretary—General to take any measures he might deem appropriate to lower the
level of violence and the consequent loss of life.
591. On 2 July 1991, the Special Rapporteur sent a cable to the Government of
Yugoslavia expressing concern that more than 100 persons had been killed in
the violence in Slovenia and Croatia. In this connection, the Special
Rapporteur referred to article 3 of the Universal Declaration of Human Rights
and to article 6 of the International Covenant on Civil and Political Rights.
In addition, he referred to those minimum humanitarian standards which were
applicable in all situations of armed conflicts, including conflicts not of an
international character, and which could not be derogated from under any
circumstances. The Special Rapporteur appealed to the Government to take all
measures at its disposal to protect the life and physical integrity of its
citizens and requested information on those measures as well as on the
investigation carried out by the authorities in those cases.
592. On 15 November 1991, the Special Rapporteur again expressed his concern
to the Government of Yugoslavia concerning the situation there; in particular,
since his previous cable, the figure of civilian casualties was estimated to
have risen to over 10,000. He reiterated his profound preoccupation
concerning recent developments in Croatia, especially in Dubrovnik as well as
in several towns and villages of western Slavonia, and above all about the
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plight of the civilian population, including women, children and the elderly,
and about the difficulties for members of international humanitarian aid
organizations to evacuate the wounded and bring relief to the affected areas.
In this connection, the Special Rapporteur referred once more to the
fundamental principles set forth in the Universal Declaration of Human Rights
and in the International Covenant on Civil and Political Rights and requested
information on measures taken by the Government to safeguard the population in
those areas so affected by violence.
Government replies
593. On 18 January 1991, a reply was received from the Government of
Yugoslavia to the Special Rapporteur's letter of 10 December 1990 (see
E/CN.4/ 1991/36, paras. 541 and 542) stating that the well—organized and
aggressive Albanian secessionist movement in Kosovo was the most drastic
example of the abuse of minority rights for the purpose of secession,
unprecedented in Europe in the post—war period. In this separatist drive, it
bad been necessary to take all the measures required by the law in order to
defend the territorial integrity of Serbia and the unity of Yugoslavia as a
whole; unfortunately, the introduction of these measures had resulted in loss
of life. During a search for smuggled arms in Palatna, the police sealed off
a few residential buildings and other facilities on 13 September 1990 at
5.30 a.m.: the persons trapped in the buildings and those hiding in the
adjoining woods put up strong resistance until 11.10 a.m.; shots were fired at
the police and their vehicles. The police ordered them to cease firing, but
the shooting intensified and a policeman, Milan Muratovic, was seriously
wounded; he was shot at by Besim Latifi; the police fired back and Latifi died
instantly. While one of the buildings was being searched, Skender Monolli
opened fire and gravely injured a police officer, Miloje Blagojevic; the
police fired back at him: he was wounded and died later on in a hospital in
Pristina. Thus, the allegations contained in the annex to the Special
Rapporteur's letter of 10 December 1990 that the police had fired
indiscriminately at the unarmed Albanian civilians were not founded.
594. On 27 November 1991, a reply was received from the Government of
Yugoslavia to the Special Rapporteur's cable of 2 July 1991 concerning the
activities of the Yugoslav People's Army (YPA) in Slovenia and Croatia. It
was stated that the units and institutions of the YPA, during their entire
engagement in the Republics of Slovenia and Croatia, had consistently and
unconditionally adhered to all the rules of international law in time of war.
This was not the case with military units of the Republics of Slovenia and
Croatia as evidenced by numerous facts. In accordance with its constitutional
competence and the decisions of the competent federal organs, YPA units were
deployed in crisis areas in the Republic of Croatia to keep apart the parties
in conflict and to prevent inter—ethnic armed conflicts of greater
proportions. The engagement of the YPA could not prevent all conflicts, but
it was certain that there would have been more victims if the YPA had not been
present. In the Republic of Croatia, since 9 May 1991, there bad been
126 provocations and attacks on YPA members and facilities. In the majority
of cases, the instigators were units and organs of the National Guard
Squadrons (NGS) and Ministry of Internal Affairs units (MIA) of Croatia which
encouraged armed civilians to carry out individuals and group terrorist acts.
The Goverwnent stated that the actions undertaken by the YPA were limited and
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were not a basis for a permanent solution of the problem; such a solution was
possible only by political means and through democratic agreements of all the
Yugoslav nations and republics. The decision to withdraw YPA units from
Slovenia proposed by the Supreme Command Headquarters was aimed at creating
conditions for a peaceful solution of the Yugoslav crisis, while its
engagement in the Republic of Croatia was imperative to prevent the escalation
of inter—ethnic conflicts.
2. Qther caaes transmitted by the Special Rapporteur
595. On 18 November 1991, the Special Rapporteur sent a letter to the
Government of Yugoslavia transmitting information he had received as follows:
(a) Several incidents reportedly had been taking place in the context of
the armed conflict in Croatia following the declaration of independence by
Slovenia and Croatia on 25 June 1991.
(b) On 1 July 1991, three town council officials from Tenja were said to
have been killed when their car was riddled with gunfire by an extremist who
was allegedly not arrested.
(c) On 17 and 20 July 1991, in Sibenic and Lovinac, respectively, four
people reportedly died as victims of mortar fire by Serbian paramilitary
forces.
(d) In three other incidents which occurred on 5, 24 and 30 July 1991
near Vukovar, five people were said to have died in a mortar fire attack by
Serbian paramilitary forces, allegedly supported by Federal Army troops with
rockets.
(e) On 25 July 1991, two Federal Army soldiers were reportedly shot by
other members of the Federal Army when they tried to escape from Osijek
garrison in order to join the Croatian national guard.
(f) One woman and three Croatian police officers were reportedly
extrajudicially executed in Stug, Banija region, on 26 July 1991. In the
course of an offensive, Serbian paramilitary troops were said to have captured
around 50 people; allegedly, they ordered them to run and then fired upon them.
596. In the same letter, the Special Rapporteur also transmitted to the
Government of Yugoslavia allegations concerning cases of death as a result of
torture and extrajudicial executions between 3 March 1990 and 27 May 1991 in
the autonomous region of Kosovo.
(a) A young student was reportedly tortured and killed at Kuzmin by a
group of peasants organized as members of the “Bozur”, an armed Serbian
paramilitary group. Two other people were said to have died in the villages
of Shupkove and Peranas, allegedly after having been subjected to torture by
members of the Serbian police.
(b) On 2 January 1991, at Mitrovice, and on 4 March 1991, at Cjukove,
two people were reportedly extrajudicially executed, allegedly by Serbian
police officers who shot at them with automatic rifles.
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(c) A high school student was reported to have been killed by members of
the Federal Army near the Albanian border in Morine on 27 June 1991.
Cd) On 13 September 1990, the body of a man reportedly killed by members
of the Federal Army was found in the street in Kosovo; It was alleged that
this was an act of retaliation after the parliament had declared Kosovo to be
a republic.
597. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Yugoslavia
to provide him with information on the above—mentioned cases and, in
particular, on the progress and results of judicial investigations carried out
by the competent authorities.
Zaire
1. Ap peals for _ urgent action
598. On 4 September 1991, the Special Rapporteur sent a cable to the
Government of Zaire drawing its attention to information that had been
received according to which persons had been killed and wounded at Kinshasa by
security forces. According to the information received, on 2 September 1991,
unarmed civilian demonstrators were alleged to have gathered in order to
protest against various government policies; it was said that the security
forces bad used excessive force against the crowd in order to disperse it,
thus causing the death of at least 10 persons and wounding others.
599. On 9 September 1991, the Special Rapporteur sent a cable to the
Government of Zaire drawing its attention to information that had been
received alleging that three persons had been killed and others wounded at
Kinshasa. According to the information received, on 4 September 1991,
members of the security forces are alleged to have attacked and sacked the
offices of two political parties, namely, the Union for Democracy and Social
Progress (UDPS) and UFERI, and caused the death of one person in the UDPS
office and of two persons in the UFERI office.
600. In his two cables of September 1991, the Special Rapporteur referred to
the Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials, and in particular to paragraphs 4, 5, 7, 8, 9 and 10 which are
based on the fundamental rule that the force used should be proportional to
the objective sought. He also referred to paragraphs 9 to 17 and 18 to 20 of
the Principles on the Effective Prevention and Investigation of Extra—legal,
Arbitrary and Summary Executions and methods of effectively investigating such
executions, approved by the Economic and Social Council in its
resolution 1989/65 of 24 May 1989, to the principles embodied in the Universal
Declaration of Human Rights and to article 6 of the International Covenant on
Civil and Political Rights.
601. Moreover, the Special Rapporteur urged the Government of Zaire to take
all measures at its disposal to protect the life and physical integrity of its
citizens and requested information on those measures as well as on the
investigation carried out by the authorities in this case.
E/CN.4/ 1992/30
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2. Other cases transmitted to the Government
602. On 8 November 1991, the Special Rapporteur sent a letter to the
Government of Zaire transmitting information he had received concerning the
alleged extrajudicial execution of demonstrators by members of the Civil Guard
and the Police. On 3 December 1990, during a violent protest after price
rises of basic goods in Kinshasa, at least 20 people were reportedly killed
and 200 injured when security forces opened fire on the demonstrators.
On 4 December 1990, a student was reported to have been killed by members of
the Security Forces in Matadi, Bas—Zaire. Another incident, in which
29 people reportedly died and 28 were wounded, took place between 13 and
15 April 1991 in Mbuji—Mayi, after the police broke into a private house where
a meeting of the Union for Democracy and Social Progress (UDPS) was being
held; the house was reportedly vandalised and seven people were arrested.
Following this incident, people reportedly protested in the street; police
allegedly opened fire on the demonstrators.
603. In the same letter, the Special Rapporteur transmitted further
allegations to the Government of Zaire according to which 20 prisoners had
died in Makala Central Prison in Kinshasa between April and May 1991:
allegedly, bad prison conditions had led to their death from hunger,
tuberculosis and malaria. The Special Rapporteur was further informed of
death threats against the director of a radio program me for peasants at Radio
Candib in Bunia, Haut Zaire. Reportedly, those death threats started after he
had interviewed the regional representative of ANEZA/ITURI on the
socio—economic problems faced by the local population; allegedly, the death
threats were carried out by members of the National Intelligence Service.
604. The Special Rapporteur, referring to the pertinent international human
rights instruments listed in the annex, requested the Government of Zaire to
provide him with information on the above—mentioned cases and, in particular,
on the progress and results of judicial investigations carried out by the
competent authorities.
E/CN.4/1992/30
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IV. REVIEW AND RECOMMENDATIONS
A. Review of first decade of activities
1. The mandate of the Special Rapporteur
605. The mandate of the Special Rapporteur which was established by the
Economic and Social Council in its resolution 1982/35 of 7 May 1982, has
evolved during the last 10 years. This evolution is due, on one hand, to the
variety of situations presented to the Special Rapporteur which have required
interpretation of the concept of “summary or arbitrary execution” and, on the
other, to subsequent resolutions of the General Assembly, the Economic and
Social Council and the Commission on Human Rights concerning the mandate of
the Special Rapporteur, and the continuing development of international
standards which directly or indirectly concern the right to life. Similarly,
the compelling necessity to respond, as effectively as possible, to situations
where the right to life is in danger, and the response of Governments, the
General Assembly, the Economic and Social Council and the Commission on Human
Rights to the activities of the Special Rapporteur, have contributed to the
evolution of the working methods of the Special Rapporteur. The following is
a review of some of the more relevant developments concerning the mandate and
working methods of the Special Rapporteur.
606. In his first report, the Special Rapporteur adopted the following
definitions concerning the operative tens of his mandate:
(a) “Summary execution” is the arbitrary deprivation of life as a result
of a sentence imposed by means of summary procedure in which the due process
of law and in particular the minimum procedural guarantees as set out in
article 14 of the Covenant are either curtailed, distorted or not followed;
(b) “Arbitrary execution” is the arbitrary deprivation of life as a
result of the killing of persons carried out by order of a Government or with
its complicity or tolerance or acquiescence without any judicial or legal
process (E/CN.4/1983/l6, para. 66).
607. In its resolution 1985/40 of 30 May 1985, the Economic and Social Council
requested the Special Rapporteur “to respond effectively to information that
comes before him, in particular when a summary or arbitrary execution is
imminent or threatened”. This contributed to an important evolution of the
mandate, as the Special Rapporteur began to send appeals for urgent action not
only in cases of persons in custody where there was reason to believe
execution might be imminent, but also in cases of persons in liberty who
receive death threats, as well as in situations in which the fear was
expressed that reported excesses by security forces might be repeated. Cases
of this kind have become an important part of the caseload in several
countries, and in many instances governmental authorities have offered
protection to the persons concerned after being contacted by the
Special Rapporteur.
E/CN. 4/1992/30
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608. The questions which have arisen with regard to the mandate of the
Special Rapporteur have been of two kinds: those concerning whether the
deprivation of life is “summary or arbitrary”, that is, whether or not the
deprivation of life in a certain set of circumstances is compatible with
international standards, and whether or not there is sufficient State
responsibility for the deprivation of life to justify the concern of the
Special Rapporteur and his intervention on behalf of the international
community.
609. Questions concerning whether or not an execution may be considered
summary or arbitrary have arisen most often in connection with the death
penalty. The Special Rapporteur has consistently maintained, in keeping with
the safeguards guaranteeing protection of the rights of those facing the death
penalty, approved by the Economic and Social Council in 1983, that the
application of the death penalty without full respect for the guarantees
equivalent set forth in articles 6, 14 and 15 of the International Covenant on
Civil and Political Rights constitutes arbitrary execution. In his fifth
report (E/ON.4/l987/20), the Special Rapporteur indicated that:
“In view of the fact that the standards set forth in article 14 of the
International Covenant on Civil and Political Rights are reflected in the
overwhelming majority of national legislations, are referred to and
accepted in numerous resolutions and declarations of international
bodies, and have been specifically accepted by a majority of the
international community through ratification of the Covenant, they have
acquired the character of customary international law binding on all
States whether or not they have ratified the Covenant.”
610. Over the past 10 years, the Special Rapporteur has sent letters or urgent
appeals to over 100 States, many of which concern the application of the death
penalty without full compliance with the standards set forth in the
International Covenant on Civil and Political Rights. The relevant provisions
of the Covenant are cited in all such letters and messages, whether or not the
State to whom it is addressed is a State party. Only two States have
indicated that they did not consider themselves bound by these standards, and
at least one such reply does not concern the guarantees set forth in
article 14 but rather the minimum age for the applications of the death
penalty (E/CN.4/1990/22, para. 431, and E/CN.4/199l136, para. 99). This is a
further evidence that the guarantees contained in article 14 have become an
accepted part of customary international law, in so far as capital punishment
is concerned.
611. In so far as deaths caused by private individuals, groups or opposition
forces are concerned, the Special Rapporteur suggested in his first report
that the concept of “arbitrary execution” should be interpreted to include
killings committed “by order of a Government, or with its complicity,
tolerance or acquiescence” (E/CN.4/l983/16, para. 66). This has been
questioned on occasion by a few Governments, which consider that the mandate
should be limited to “those cases in which there was actual involvement of a
government official” (E/CN.4/l99l/36, para. 49).
E/CN.4/l992/30
page 16.3
612. The Special Rapporteur cannot agree with this interpretation of his
mandate. The obligation of the State to protect the fundamental right to life
of every person applies to any threat of summary or arbitrary execution,
regardless of the identity of the author. The information received during the
last decade contain many examples of situations in which individuals or groups
operating independently from the Government pose a very serious threat to the
right to life, in some cases comparable to the threat which may be posed by a
Government. These situations include communal, racial, ethnic, religious and
tribal violence, assassinations or massacres committed by revolutionary,
counter—revolutionary or separatist movements, assassinations by elements of
the police or governmental armed forces or militia which are not under
effective governmental control and assassinations by private individuals or
groups employed to defend the economic interests of large landowners, drug
traffickers or others.
613. In cases such as these, involving not isolated homicides for personal
motives, but the deliberate and systematic killing of significant numbers of
persons, the Government may be responsible before the international community
either because of direct involvement or by tolerance, that is, by wilful
failure to prevent the killings or to investigate and punish the responsible
parties. This does not mean that the mandate of the Special Rapporteur
extends to ordinary crimes. In cases where a government reply indicates that
a thorough investigation has led to identification of those responsible for a
killing, and that the motives for the crime were purely personal, the
Special Rapporteur does not pursue the case further. It should be noted that
situations where there is no direct involvement of the Government are among
the most difficult for the Special Rapporteur to address effectively. Given
the limited means at his disposal and the difficulty in obtaining the kind of
information necessary to form a clear opinion as to whether or not the
Government has been remiss in its obligation to prevent, investigate and
punish crimes in which there is no evidence of direct involvement, the
Special Rapporteur has very often been obliged to terminate consideration of a
case or situation without stating any opinion on the allegation and reply
received. Hopefully, there will be further efforts to improve the efficiency
of his working methods. If there is a qualitative improvement in cooperation
with Governments and a quantitative improvement in the support provided to the
Special Rapporteur through the intermediary of the Centre for iluman Rights,
greater progress will be made in clarifying such cases.
614. The situation of executions by opposition forces is a different matter,
in that the question of governmental tolerance or acquiescence does not
arise. Nevertheless, such groups are an important source of sunmiary and
arbitrary killings, and Commission on Human Rights resolution 1990/75
of 7 March 1990 expressly asks the Special Rapporteur to include information
on such executions in his Report, as well as information concerning violence
by drug traffickers. Considerable information concerning executions by
opposition groups has been received over the years, and special attention was
given to this matter in the sixth report of the Special Rapporteur
(E/CN.4/1988/22, paras. 182—87). The present report contains information and
allegations concerning executions by the National Liberation Army and
Revolutionary Armed Forces of Colombia, the Farabundo Marti Liberation Front
of El Salvador, the Eritrean People's Liberation Front and Ethiopian People's
E/CN.4/1992/30
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Revolutionary Front, the Guatemalan National Revolutionary Unity, the Natiom
Patriotic Front of Liberia, the “Shining Path” and Tupac Amaru Revolutionary
Movement in Peru and the “Liberation Tigers of Eelam Tamil” and Muslim Home
Guards in Sri Lanka.
615. The involvement of drug traffickers in summary and arbitrary executions
was analyzed in the 1989 mission of the Special Rapporteur in Colombia. The
report stated in part: to achieve their aims [ in particular, to operate
without interference by guerrilla movements active in the same rural areas],
drug traffickers set up paramilitary organizations: it is estimated that
there are currently over 1 1 ,0 paramilitary groups operating in Colombia today:
the paramilitary groups are trained and financed by drug traffickers and
possibly a few landowners. They operate very closely with elements in the
armed forces and the police. Most of the killings and massacres occur in
areas which are heavily militarized; the paramilitary groups are able to mov
easily in such areas and commit murders with impunity. Paramilitary groups
are the greatest source of violations of the right to life in Colombian
society today (E/CN.4/1990/22/Add.1, paras. 52—57). Little reliable
information about the summary and arbitrary executions perpetrated by drug
traffickers in other countries has been received, and it is not known at
present whether this pattern is applicable to other countries.
2. Number and type of cases reported
616. The number of cases reported has grown dramatically, especially during
the last few years. A table indicating the number of Governments to which
allegations were forwarded between 1982 and 1988 was published in the seventi
report of the Special Rapporteur (EICN.41l989/25, para. 304). During the 1a
year covered by that table, 100 communications were sent to 46 countries; thE
present report incorporates 174 communications to 65 countries, including bot
urgent appeals and requests for information concerning allegations. During
the last year, the number of urgent appeals alone nearly doubled, increasing
from 64 urgent appeals addressed to 25 countries in 1990 to 125 urgent appea]
sent to 14 countries in 1991.
617. The first report of the Special Rapporteur identified four types of
situations in which summary or arbitrary deprivation of life commonly occurs,
and enumerated the main provisions of international treaties, declarations ai
other instruments relevant to these situations. The situations identified
were the following:
(a) The application of the death sentence without full compliance with
due process;
(b) Executions occurring during armed conflict, internal disturbances,
or states of emergency;
(c) Deaths resulting from excessive use of force in the course of law
enforcement or maintaining the public order;
(d) Deaths in custody.
E/CN.4/1992/30
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618. The second report of the Special Rapporteur was devoted in large part to
the classification of situations in which summary or arbitrary executions are
common, and factors which appear to contribute to the occurrence of such
executions. The most common situations which gave rise to summary or
arbitrary executions were:
(a) Political upheavals, (i.e., after a violent change of Government;
leading to internal armed conflict);
(b) The suppression of members of the political opposition groups,
including the activities of death squads, excesses committed by the police and
military during states of emergency and reprisals for failed coups ;
(c) Abuse of power, in particular the repressions of popular movements;
(d) Severe campaigns against crime, resulting in extra—legal
assassination or summary executions of ordinary criminals.
619. The factors which the Special Rapporteur identified as being conducive to
summary and arbitrary executions were the absence of a democratic political
process, the existence of a state of emergency or equivalent, the existence of
special courts, the lack of judicial independence, lack of discipline among
law enforcement and military personnel, the existence of secret police or
paramilitary groups, ethnic conflicts, religious intolerance and racial
discrimination. The Special Rapporteur also emphasized the importance of
unequal distribution of wealth as a root cause, generating social struggles by
the poor which in some cases meet with a violent response on the part of the
State or economically powerful groups.
620. In subsequent reports, the Special Rapporteur analysed many of the above
mentioned phenomena in more detail, in some cases proposing new standards or
other action, as well as new aspects of the problem which have emerged from
the information received. In 1986, special attention was devoted to internal
armed conflicts and deaths in custody; in 1988 special attention was given to
violations of the right to life by opposition groups and death squads not
under government control; and in 1990 the report analysed the problems of
death threats and the execution of human rights defenders.
621. The present report contains information concerning two countries in which
large numbers of refugees or asylum—seekers are alleged to be at risk of
refoulement, that is, forcible return to their country of origin. According
to reliable information in the possession of the Special Rapporteur, in both
cases the social or ethnic groups to which these persons belong have been
victims of large numbers of summary and arbitrary executions in their country
of origin. Primary responsibility for safeguarding the right to life of these
persons clearly lies with their own Government, and they are entitled to be
able to return to their own countries and homes with full guarantees of their
physical safety. However, when persons have been forced to flee their country
because of well—founded fear of summary or arbitrary execution, the country to
which they have fled also has an obligation to refrain from taking any action
which would put them at risk of summary or arbitrary execution, including
inter alia returning them to their country of origin prior to the restoration
of conditions which offer sufficient guarantees of their physical safety and
right to life.
E/CN.4/1992/30
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3. Working Methods
622. Most of the allegations concerning summary and arbitrary executions and
death threats received by the Special Rapporteur are presented by
non—governmental organizations. Some Governments also present allegations
concerning summary or arbitrary executions attributed to opposition forces.
In addition 1 in order to enhance the complementarity, cooperation and
effectiveness of the various thematic and country specific procedures existii
within the United Nations system, the Special Rapporteur makes an effort to
keep abreast of information being generated within the framework of other
mandates or procedures and, when appropriate, takes action on the basis of
such information.
623. When allegations indicating that a summary or arbitrary execution may b'
imminent are received, and in other situations where it appears that urgent
measures by the Government might prevent the recurrence of loss of life or
repetition of excessive use of force by law enforcement officials, the usual
course of action is to send an urgent message to the Government concerned, ii
keeping with Economic and Social Council resolution 1985/40 which requested
the Special Itapporteur to “respond effectively to information that comes
before him, in particular when a summary or arbitrary execution is imminent i
threatened”.
624. Urgent appeals are also sent in response to allegations that individuaL
or groups who seek to cooperate with the United Nations and representatives
its human rights bodies or who have sought to avail themselves of
United Nations human rights procedures are being subjected to intimidations
reprisals involving possible threat to the right to life. Urgent steps of
this kind were specifically requested by the Commission on Human Rights in i
resolutions 1990/76 of 7 March 1990 and 1991/70 of 6 March 1991. During the
year covered by the present report, the Special Rapporteur sent urgent appea
under resolution 1991/70 to 49 Governments concerning some 4,200 cases of
death threats against persons who seek to cooperate with the United Nations
and representatives of its human rights bodies, or who have sought to avail
themselves of procedures established under United Nations auspices for the
protection of human rights and fundamental freedoms. The Special Rapporteur
has also taken urgent steps in cases of reprisals against persons who have
been victims, their representatatives, family members or witnesses, in
relation to cases or incidents falling under the Special Rapporteur 's mandat'
625. The precise tenor of the message depends on the nature of the allegatioi
and the amount of information available. In some cases, in particular death
threats, the Government is usually requested to provide protection to the
person or persons concerned and to investigate the origins of the threat.
Where a judicially imposed death sentence is concerned, the Government is
usually asked to provide more information in order to help determine whether
or not sentence has been imposed in full compliance with relevant
international standards; the Special Rapporteur has on occasion requested tb
Government to suspend the application of the sentence until he has time to
evaluate the reply. In some cases, the Special Rapporteur requests that the
sentence be commuted on humanitarian grounds, as for example when the
information available leaves room for doubt as to whether or not the trial 0:
sentence was fully compatible with international standards.
E/CN.4/l992/30
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626. In cases where no execution or extra—judicial killing appears to be
imminent, a summary of the allegations is forwarded to the concerned
Government by letter, together with the observations of the Special Rapporteur
as to the relevant international standards and the type of information be
would like to receive in order to clarify the veracity of the allegations and
the compatibility of the facts with international standards concerning suiwnary
or arbitrary executions. In its resolution 1991/31 of 5 March 1991, the
Commission on Human Rights encouraged Governments to respond expeditiously to
such requests for information.
627. On a few occasions, allegations concerning executions by opposition
forces have been sent to the Government of the State in which they are alleged
to have occurred or be imminent. However, in most cases such allegations have
been made by the Government itself. This presents a problem, since there is
no entity having standing in international law which can be requested to
clarify the information. In effect, the Special Rapporteur has little
possibility of evaluating such allegations, unless the State concerned invites
him to undertake a mission, which may allow him to assess the situation
personally. Moreover, in such cases there is no entity having standing in
international law which can be requested to refrain from carrying out an
imminent execution or to desist from practices which violate the right to
life. Representatives of the Secretary—General engaged in peace—keeping or
humanitarian missions do contact armed opposition groups, as do the
International Committee of the Red Cross and certain United Nations bodies
engaged in providing humanitarian relief. Within the United Nations human
rights system, it is generally considered that addressing appeals to such
entities or providing them with the opportunity to respond to allegations
accusing them of human rights violations would be inappropriate, given their
legal status. Consequently, existing working methods offer little opportunity
for responding effectively to allegations concerning opposition groups. The
comments of the Commission of Human Rights on this matter would be welcome.
628. When a communication has been sent to a Government and no reply has been
received, the request for information is usually reiterated. When a reply is
received, a number of situations may arise. Sometimes, the information
provided by the Government demonstrated clearly that the allegations were
unfounded, that the individuals responsible for the executions concerned were
duly convicted or sentenced, or that the Government was taking firm measures
to prevent the recurrence of summary and arbitrary executions and to
investigate those which had occurred.
629. other times, the reply may reveal that there was little or no discrepancy
concerning the facts, but disagreement as to whether or not the situation
constituted a summary or arbitrary execution. This situation often occurs in
cases concerning the application of the death penalty. In a few cases it may
be possible for the Special Rapporteur to reach a conclusion as to whether or
not the execution is summary or arbitrary, taking into account the legal
standards and principles indicated in Chapter 1. If so, his views are
included among the observations made by the Special Rapporteur in his report
to the Commission on Human Rights, and may also be sent directly to the
Government concerned together with a request that certain action be taken.
E/CN. 4/1992/30
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630. In some cases, if the Special Rapporteur finds the information provided
by a Government insufficient or factually inconsistent with other information
in his possession, further clarification is requested. In most cases, the
information provided leaves contradictions and doubts which it is difficult,
if not impossible, to resolve on the basis of submissions of this kind. In
such cases, the Special Rapporteur in effect has been obliged to leave the
case unresolved, informing the Commission on Human Rights of the action taken
and of the substance of any replies received without stating any conclusions
on the matter. In resolutions 44/159 of 15 December 1989 and 45/162
of 18 December 1990, the General Assembly requested the Special Rapporteur “t'
promote exchanges of views between Governments and those who provide reliable
information to the Special Rapporteur , where the Special Rapporteur considers
that such exchanges of information night be useful”. The Special Rapporteur
has made a practice of offering to meet the representatives of any country to
which communications have been addressed, and the consultations which have
taken place have proven useful in clarifying the expectations of the
Special Rapporteur, in gaining a better understanding of the background to th
cases and in clarifying the intentions of Governments with regard to
unresolved cases. It has not yet been feasible to develop such consultations
into the kind of “exchange of views” referred to by the above—mentioned
resolutions of the General Assembly, but the Special Rapporteur is convinced
that they would be invaluable in reducing the number of cases which remain
unresolved and thus enhancing the effectiveness of this mechanism.
631. Missions constitute an invaluable and under—utilized method for
clarifying the accuracy of allegations, which are particularly appropriate
when there are allegations of large numbers of summary or arbitrary
executions. In addition, they provide the Special Rapporteur with an
opportunity to have a constructive dialogue with the Government concerned, an
to identify ways in which international assistance from the United Nations or
other sources might be able to aid the Government in its efforts to combat
summary and arbitrary executions. The experience of the Special Rapporteur i i
this regard in mentioned below, under the heading “Cooperation with
Governments”.
632. Finally, during 1991, two armed conflicts involving a large number of
Governments and considerable loss of life in one case, and a single Governmen
in conflict with two Governments which at the time had no standing in
international law in the other case, prompted the Special Rapporteur to take
the unusual step of addressing appeals to the Secretary General requesting hit
to take any measures be might deem appropriate to lower the level of violence
and the consequent loss of life.
4. C operation with Governments
633. Since 1982, the Special Rapporteur has communicated with
over 100 countries in order to request information, express concern about
allegations of summary or arbitrary executions or to request that certain
actions be taken in order to protect the right to life. The vast majority of
countries to whom the Special Rapporteur has written have cooperated by
replying to at least some of the allegations or requests. The tenor of the
replies varies widely, as indicated above. In some cases the government
E/CN.4/1992/30
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replies demonstrate a sincere willingness to cooperate in a constructive
fashion in order to ensure greater protection against summary and arbitrary
executions, and to improve the effectiveness of the Special Rapporteur's
working methods. Other replies, while they represent a certain level of
commitment to cooperation with the Special Rapporteur and the international
community, do not reveal the sane constructive attitude.
634. The following are examples of constructive responses to interventions by
the Special Rapporteur:
(a) Some Governments have indicated that police officials, military
officials and hired killers working for large landholders have been convicted
and sentenced to terms of prison of up to 37 years;
(b) In some countries, governmental human rights commissions monitor the
investigation of allegations submitted to the Government by the
Special Rapporteur, or conduct their own independent investigations, and
recommend prosecution of officials who would otherwise have avoided
responsibility for executions they have cotmuitted;
(c) In some cases, forensic investigations into the cause of death have
been carried out, and the results forwarded to the Special Rapporteur;
(d) In several countries, death sentences have been commuted to terms of
life imprisonment;
(e) An increasing number of Governments agree to provide special police
protection to persons having received death threats;
(f) In a few cases, Governments have enacted reforms enlarging the
competence or powers of civilian authorities to investigate or judge military
authorities suspected or accused of summary or arbitrary executions.
635. These positive developments are not necessarily sufficient to put an end
to summary or arbitrary executions in the countries concerned, and in some
countries the number of cases in which positive steps have been reported are
no more than a small percentage of the total number of cases reported.
Nevertheless, these developments are hopeful signs that even greater progress
may be made.
636. In its resolution 1988/38 of 27 May 1988, the Economic and Social Council
urged all Governments, particularly those that have consistently not responded
to communications transmitted to them by the Special Rapporteur, to cooperate
with and assist the Special Rapporteur so that he may carry out his mandate
effectively. Most Governments, as indicated above, reply to at least some of
the communications sent by the Special Rapporteur. However, there are still a
few Governments which systematically fail to reply, despite the 1988 appeal of
the Economic and Social Council. The Special Rapporteur believes therefore it
would be appropriate to draw the attention of the Commission on Human Rights
to the countries which persist in refusing any cooperation. They are:
(a) Chad: communications were sent in 1983, 1985, 1988, 1989, 1990,
1991 and 1992. No replies have been received;
E/CN.4/1992/30
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(b) Haiti: in 1988, general information was received in reply to eases
forwarded the same year. Since then no reply has been received to cases
forwarded in 1990, 1991 and 1992;
(c) Libya: cases were forwarded in 1983, 1984, 1987 and 1988. No
reply has been received;
(d) Pakistan: although replies were received in 1984, 1985 and 1987,
no reply has been received to allegations forwarded to the Government in 1989
1990 and 1992;
(e) Somalia: cases were forwarded in 1986, 1987, 1988, 1989, 1990 and
1991. No reply has been received;
(f) South Africa: in 1986, the Government replied to an urgent message
sent by the Special Rapporteur earlier the same year. Since then, there has
been no response to any of the cases forwarded during 1988, 1989, 1990, 1991
and 1992;
(g) Thailand: cases were forwarded in 1983, 1989 and 1992. No reply
has been received;
(h) Uganda: cases were sent in 1988, 1989 and 1992. No reply has been
received.
(i) Zaire: cases were sent in 1985, 1986, 1988, 1989, 1991 and 1992.
No reply has been received.
637. Countries can also cooperate by inviting the Special Rapporteur to
undertake a mission in order to investigate the veracity of the allegations
received and to become better acquainted with the efforts being made to
prevent and investigate summary and arbitrary executions. In 1983, the
Special Rapporteur was invited to undertake a mission in Guatemala; however,
since the Commission on Human Rights appointed a Rapporteur to prepare a
report on the general human rights situation in that country, it was decided
that it would not be necessary to undertake a separate mission to investigate
allegations of summary and arbitrary executions. The missions which have bee
undertaken are:
(a) In 1984, the Special Rapporteur carried out a mission to Suriname.
The report of the mission is published in the third report of the
Special Rapporteur (E/CN.4/l985/17);
(b) In 1986, the Special Rapporteur undertook a mission in Uganda, whic
had established a Commission of Inquiry to look into human rights violations.
The report of the mission is contained in the fifth report of the
Special Rapporteur (E/CN.4/l987/20, Annex II);
(c) In 1987, a second mission in Suriname was carried out. A
comprehensive report was prepared and published as part of the sixth report o
the Special Rapporteur (E/ON.4/l988/22, Annex V);
E/ ON .4/1992 / 30
page 1.71
(d) In 1989, the Special Rapporteur undertook a mission in Colombia. A
comprehensive report on the mission was published as an addendum to the eighth
report of the Special Rapporteur (E/CN.4/l990/22/Add.l);
(e) In 1991 the Special Rapporteur undertook a mission in Zaire. The
report on the mission will be distributed separately as an addendum to this
report under symbol E/CN.4/l992/30/Add.l.
638. Peru and Sri Lanka have invited the Special Rapporteur to undertake
missions, but it has not yet been possible to carry them out. This has been
due in part to other professional duties of the Special Rapporteur, as well as
the difficulties experienced by the Centre for Human Rights in preparing such
missions, due to lack of staff.
639. Beyond any doubt, missions constitute the most effective method of the
disposal of the Special Rapporteur for evaluation of the veracity of
allegations received, and for arriving at a proper understanding of the
social, legal, political and economic context in which executions occur in any
given country. When a Government contests the factual aspects of an
allegation, or when the question of impunity arises, or the question of
whether or not courts operate in accordance with international standards of
fairness and due process, it is difficult for the Special Rapporteur to
evaluate the allegations properly without the possibility of visiting a
country and speaking with the authorities and other concerned persons and
organizations. The small number of countries which have invited the
Special Rapporteur to undertake missions during the last decade is one of the
most important limitations on the effectiveness in fulfilling his mandate, and
countries where there are a significant number of cases pending which the
Special Rapporteur has been unable to resolve on the basis of written
submissions should be strongly encouraged to invite the Special Rapporteur to
undertake a mission. It must also be recognized that missions create
considerable additional work for the Secretariat, already overburdened by a
steadily increasing case—load, which is yet another reason for providing
increased support for the Special Rapporteur.
5. Cooperation with other United liations _ Bodies . inter -national
organizations and non—Qovernmental organizations
640. The Special Rapporteur had cooperated closely with the Ad Hoc Working
Group on southern Africa, and he participated in joint hearings on the human
rights situation in South Africa in London and various locations in Africa in
1985, 1986, 1988, 1989 and 1990. Testimony presented at the hearings
contributed greatly to his understanding of summary and arbitrary executions
in South Africa, and also allowed him to help some persons obtain aid through
the Voluntary Fund for Victims of Torture.
641. The Special Rapporteur also cooperated closely with the Crime Prevention
and Criminal Justice Branch of the United Nations Centre for Social and
Humanitarian Affairs and the Committee on Crime Prevention and Control in the
preparation of the Principles on the Effective Prevention and Investigation of
Extra—legal, Arbitrary and Summary Executions adopted by the Economic and
Social Council in resolution 1989/65.
E/CN.4/1992/30
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642. On a number of occasions, the Special Rapporteur has been asked by the
Secretary—General to look into situations in which the Secretary—General bad
been asked to provide good offices.
643. The missions carried out by the Special Rapporteur have enabled him to
identify the needs of the country visited in terms of technical assistance,
stimulating and facilitating the provision of appropriate technical assistance
by the United Nations Human Rights Advisory Services Programme, as well as
bilateral assistance.
644. The Special Rapporteur has worked closely with other thematic and country
rapporteurs, as well as the Working Group on Enforced or Forcible and
Involuntary Disappearances, in particular in the exchange of information.
645. Since articles 6 and 14 of the International Covenant on Civil and
Political Rights are central to the mandate of the Special Rapporteur, he has
followed closely the work of the Human Rights Committee in applying and
interpreting these provisions of the Covenant. The General Comments adopted
by the Committee on Human Rights, as well as the decisions adopted in cases
considered under the Optional Protocol, have been cited frequently by the
Special Rapporteur as a guide to the interpretation of international standards
concerning summary and arbitrary executions. In addition, the
Special Rapporteur has used his mandate to support the Committee on Human
Rights in the exercise of its functions under the Optional Protocol, by
requesting a Government to comply with two decisions of the Committee on Human
Rights indicating that two individuals sentenced to death had been convicted
without full respect for due process and were entitled to commutation of their
sentence (see Jamaica, para. 328).
646. Similarly, the Special Rapporteur has attempted to support and reinforce
the work of bodies like the United Nations High Commissioner for Refugees and
the International Committee for the Red Cross, in appropriate cases, by
requesting Governments accused of violating basic standards of international
legal standards concerning refugees and armed conflict to respect standards
relevant to the right to life and by requesting them to allow such bodies
access to persons within their mandates. The present report contains two
examples of cases in which the Special Rapporteur requested countries to
respect the principle of non—refoulement, in situations where forcing refugees
to return to their country of origin might expose them to summary or arbitrary
execution (see Malaysia, paras. 353—354, and Thailand, paras. 523—525).
647. Non—governmental organizations are the source of most of the information
and allegations concerning arbitrary and illegal executions received by the
Special Rapporteur. This information is indispensable to the effective
fulfilment of the mandate of the Special Rapporteur, as is the cooperation of
Governments. The great majority of information received is objective and
reliable, and the Special Rapporteur would like to express his gratitude to
the large number of national and international NGOs in all parts of the world
who, by providing such information, have made a valuable contribution to the
cause of human rights and dignity.
E/CN.4/1992/30
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B. Recommendations
648. On the basis of the experience in monitoring summary and arbitrary
executions throughout the world for 10 years, the Special Rapporteur would
like to make the following recommendations addressed to governments in
general, to governments which have received his communications, to the
international community and finally to the Centre for Human Rights.
1. General recommendations to _ governments
649. The Special Rapporteur would like to reèommend to Governments in general:
(a) To ratify international human rights treaties relevant to the
protection of the right to life, and to make such treaties and other relevant
human rights instruments widely available, in particular those mentioned in
Chapter II of this report;
(b) To review national law and practice with a view to ensuring full
compatibility with such international human rights standards, and to provide
appropriate training concerning the meaning and implementation of such
standards to law enforcement, judicial, correctional and military personnel;
(c) To investigate rigorously any allegations concerning summary or
arbitrary execution which may be presented, regardless of the status, position
or office of those responsible, and to ensure that the responsible parties are
prosecuted without delay, by an independent and impartial tribunal with full
respect for the rights of the victims;
(d) To take all necessary measures to ensure the rapid and complete
elimination of unnatural deaths in custody, whether due to torture, excessive
use of force in controlling prisoners or lack of minimally adequate nutrition,
sanitation and health care;
(e) To consider establishing an independent governmental body for the
promotion, defence and protection of human rights with competence, inter alia,
to monitor alleged human rights violations and to facilitate cooperation
between the Government and the United Nations human rights bodies, as well as
other relevant international, regional and national bodies;
(f) Where situations of internal armed conflict, disturbances or
tensions exist, to cooperate fully with the International Committee of the Red
Cross and to seek reconciliation, in appropriate cases, through the mediation
of the United )lations or competent regional bodies;
(g) To make concerted, long—term efforts to eliminate the root causes of
violence and intolerance, in particular economic injustice, totalitarian
political ideologies, and racial, national, ethnic and religious prejudice.
E/CN.4/l992/30
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2. Recommendations to Governments which have received communications
650. The Special Rapporteur, would like to recommend to governments which have
received communications from him:
(a) To reply to requests received promptly and fully;
(b) To consider the possibility of participating in an exchange of
information or inviting the Special Rapporteur to undertake a mission, if he
considers that such measures would be useful to clarify the allegations
received.
3. Recommendations to the international community
651. The Special Rapporteur wishes to recommend to the international
community:
(a) To ensure that governments requiring technical or material
assistance in order to eliminate the causes of summary and arbitrary
executions and strengthen national mechanisms for the protection of human
rights are provided with effective and appropriate assistance, either through
United Nations programmes and bodies or bilaterally, in particular in
improving the capacity for forensic investigation, increasing the efficiency,
profess ionalism and independence of the administration of justice and in the
modernization of correctional systems;
(b) to make every possible effort to respond rapidly and effectively to
situations of internal armed conflict and civil strife, which remain the major
cause of suimnary and arbitrary executions, in particular by offering to
mediate a peaceful solution to such conflicts and by strongly encouraging the
concerned parties to accept such solutions;
(c) To promote information and awareness campaigns, in particular
campaigns at the national and regional level in regions particularly affected
by summary and arbitrary executions, designed to eliminate the root causes of
violence by promoting tolerance, social solidarity and concern for human
rights and the inherent dignity of every person.
4. Recommendations to the Centre for Human Rights
652. The Special Rapporteur would like to make the following comments and
recommendations concerning the procedures and working arrangments of the
Centre for Human Rights as well as of the Special Rapporteur:
(a) During the last year, a special effort has been made to respond morc
rapidly to allegations concerning imminent executions, in keeping with
paragraph 6 of resolution 1985/40 of the Economic and Social Council, which
requests the Special Rapporteur to “respond effectively to information that
comes before him, in particular when a summary or arbitrary execution is
imminent or threatened”. Many of the requests for urgent action concerned
death threats against individuals and groups active in the defence of human
rights, as requested by the Commission on Human Rights in its
resolutions 1990/76 and 1991/70;
E/CN.4/1992/30
page 175
(b) Responding to such cases more rapidly and frequently has stretched
the staff resources of the Centre for Human Rights assigned to the
Special Rapporteur to the limit. Yet it is necessary to improve the
efficiency of the working methods of the Special Rapporteur in other ways as
well. In resolutions 44/139 and 45/162, the General Assembly requested the
Special Rapporteur , as indicated above, “to promote exchanges of views between
Governments and those who provide reliable information to the Special
Rapporteur, where the Special Rapporteur considers that such exchanges of
information might be useful.ti In various resolutions, the Commission on Human
Rights has invited governments to keep the Special Rapporteur informed on the
progress made towards implementing recommendations he has addressed to them,
and has encouraged governments encountering problems in the field of human
rights to extend invitations to realize missions. The Special Rapporteur
considers that it is essential to improve the effectiveness not only in the
first response to imminent executions, but also in improving access to
reliable information which is sufficient to allow him to form opinions on a
greater number of the cases brought to his attention. He also considers it
necessary, at this stage of the development of his mandate, to follow up more
effectively in cases where there has been no response, where the reply is not
sufficient to allow the allegations to be clarified, and to follow up efforts
made by Governments to implement recommendations which have been made, as
requested by the Commission on Human Rights
(c) At present, only one professional staff member is assigned to assist
the Special Rapporteur. While the Special Rapporteur is very grateful for the
dedication, commitment and ability of the staff who have worked for him
throughout these 10 years, it will be materially impossible for him to respond
more efficiently to the allegations received unless resources are
substantially increased. Indeed, the number of allegations received is
steadily increasing as the work of the Special Rapporteur becomes better
known. However, his efficiency is likely to deteriorate if resourcesremain
at the present level. There is a compelling need to prevent additional
summary or arbitrary executions, and to seek justice for the victims, as well
as to deal with allegations concerning matters of great sensitivity for the
governments concerned in a thorough, careful and professional manner. This
makes it urgent to take steps to increase the resources available for carrying
out all aspects of the mandate of the Special Rapporteur.
653. The Special Rapporteur therefore appeals to the Commission on Human
Rights, and, through it, to the international community, to take prompt steps
to preserve and strengthen this essential mechanism for the protection of
human rights.
E/CN.4/ 1992/30
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Anma
LIST OF INSTRUMENTS AND OTHER STANDARDS WHICH CONSTITUTE THE
LEGAL FRAMEWORK OF THE MANDATE OF THE SPECIAL RAPFORTEIJR
1. Universal Declaration of Human Rights, General Assembly
resolution 217 A (III) of 10 December 1948 (article 3).
2. International Covenant on Civil and Political Rights, General Assembly
resolution 2200 A (XXI) of 16 December 1966; entry into force 23 Match 197
(articles 4, 6, 7, 9, 10, 14, 15).
3. The Geneva Convention of 12 August 1949.
4. 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.
5. Standard Minimum Rules for the Treatment of Prisoners, Economic and Social
Council resolution 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of
13 May 1977.
6. Code of Conduct for Law Enforcement Officials, General Assembly
resolution 34/169 of 17 December 1979.
7. Safeguards guaranteeing protection of the rights of those facing the death
penalty, Economic and Social Council resolution 1984/50 of 25 May 1984;
8. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, General Assembly resolution 39/46 of 10 December 1984; entr
into force 26 June 1987.
9. Declaration of Basic Principles of Justice for Victims of Crime and Abuse
of Power, General Assembly resolution 40/34 of 29 November 1985.
10. 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.
11. Implementation of the safeguards guaranteeing protection of the rights of
those facing the death penalty, Economic and Social Council
resolution 1989/64 of 24 May 1989.
12. Effective prevention and investigation of extra—legal, arbitrary and summa
executions, Economic and Social Council resolution 1989/65 of 24 May 1989.
13. 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 Treatment of Offenders (Havana, Cuba,
27 August—i September 1990).
14. Convention on the Rights of the Child, General Assembly resolution 44/25 o
20 November 1989.
