Aadel Collection
Summary or arbitrary executions: Report by the Special Rapporteur, Mr. S. Amos Wako, pursuant to Economic and Social Council resolution 1988/38
UNITED
NATIONS
Econqrnic and Social
Counc il
- u
COSUSSION ON HUMAN RIGHTS
Forty—fifth session
Agenda iten 12
DtntC.
GENERAL
E/CN.4/19 89/25
5 !ebru ry 198
Oriqina1 ENGLISEE
QuEstiOn OF TRY. VLOLsNV ION OF RBMMI RIG 4TS At PUHDAMENTAL FREEDOMS
IN ANY FART OF TUE WORt D, WItH 2 AflICUIJ%R REPSFSKCE t) COL ONIA [ 1
AND C)TE R D PENDEIC COUNTRiES AND TERRITORIES
Su iiary or arbitrary fleCUtja!
Re r t - by3-he Special. Rappor teur, Mr. S. Amos wak9 pursuant
te cg ic and Social council reso lutIon 1986/36
E
CE+89 —1Q4Q2fOl66B
E/DI 4/l9 fl/25
PM i
Chapter
Cop7I'Ens
Paragr p Pages
2
2
3
Introduction
1 .
—
S
1.
I.
ACT iVI tIES OP PER SPECIAL RAPPOWFEtJI
6
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23.
2
A. Consultations . . . . . . . . . ... . . . . .
6
B. Cowiunlc.tions .................
7
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20
C. Joint hearings on southern Africa
U
II.
SIPOATIONS
22
—
293
1
A. General ,..,
22
23
4
D. Country sftuatiox n . .
24
—
293
4
1111
ANALYSIS OP THE PHENOMENON
294
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31.0
58
A. Renedial aM/or preventive neasures for
the protection of the right to life:
international standards
294
—
298
58
B. Co—ordination and aD—operation of neehanisas
299
—
310
59
IL
CONCLUSIONS AND RECOKMENDAT IONS
3L 1
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316
62
t/ck l. 4/1989/fl
page 1
I at roduct ton
1. The present report is submitted pursuant to Economic and Social Council
resolution 1988/38 entitled ‘Swiinary or arbitrary e ecutLons”. This is the
seventh repcnt of the Special. Rapporteur to the Commission on Human Rights on
the subject.
2. tn his six previous reports (E/CN.4/1983/16 arid Add.]., E/CN.4/1fl4/29,
E/CN.4/1985/17 1 E/CN.4/1986/21, E/cg.4/1987/20 and E/CtL4/19S8/22 and Add.l
arid 2) the Special Rapporteur has dealt with and examined the various aspects
of the phenomenon of summary executions, including legal and other theoretical
issues. He considers that all the basic elements of the phenomenon have been
discussed in earlier reports and that a sufficiently clear and comprehensive
picture has been presented.
3. The present report follows the genera]. structure of the Last report,
except that urqent appeals to Governments ste described in chapter II B of the
present report together with other communications forwarding allegations to
the (overnitents concerned and replies and observations therefrom.. The Special
Rapporteur believes that this, together with a more detailed description of
alleged situations and cases 1 will present a more comprehensive picture of the
situation in sach country.
1. in chapter XIII the Special Rapporteur describes two issues which are
being dealt with or are expected to be addressed in the near f uture. The two
issues are± (a) recent developments with regard to establishing international
standards on remedial and/or preventive measures for the protection of the
right to life; and (S) co—ordination and co—operation of various mechanisms
and organs relevant to the nandate of the Special. RappOrteur 1 which the
Special Rapporteur considers of vital importance in enhancing the effective
lmpleaentation of his nandate.
5. inaLly, in chapter IV, the Special Rapporteur gives conclusions and
recommendations, which ate based on his analysis of the information he has
received and consideration of practical measures to be taken in the immediate
Xuture.
S/CM. 4/1989/25
page 2
I . ACTIVITIES OF THE SPECIAL RAPPORtELEIC
A. Consultations
6. The Special Rapporteur visited the Centre for Human Rights,
United Nations Office at Geneva 1 in July and October/No vember 1988 for
consultations with the Secretariat and again in January 1939 to finalize his
report.
8. Cosnunicat ions
1. Inforisat ion received
7. En the course of his present mandater the Special Rapporteur received
communications containing information concerning summary or arbitrary
executions from Governments, non—governnental organizations and individuals.
0. InformatiOn of a general nature, in reply to the Special Rapporteur's
request on 30 Septe mber 1937, was received from the Governments of Barbados
and Venezuela .
9. Information of a qeneral nature and/or concerning specific allegations of
swwary or arbitrary executions were received Iron the following
non—governmental organizations in consultative status with the Econoric and
Social Council: Afro —Asian People 's Solidarity Organitation, Amnesty
International, Andean Conniission of Jurists, International Association of
Democratic Lawyers International Commission of Jurists, International.
Confederation of Free Trade Unions, International Federation of Human Rights,
Inter—Parliamentary Union, Regional Council on Human Rights in Asia.
10. En addition 1 infornat ion concern ing alleged cases of summary or arbitrary
executions was received frca a number of regional, national arid local non-
governmental organizations, groups and individuals in various parts of the
world.
2+ Al iations of summary or arbitrary executions
11. In the course of his mandate, the Special Rappotteur sent cables and
letters to Governments concerning allegations of imminent or actual summary or
arbitrary executions in their countries.
(a) Urgent appeals
12. in response to information containing allegations of i ineflt or
threatened summary or arbitrary executions which appeared prima facie relevant
to his mandate , the Special Rapporteur addressed urgent messages by cable to
23 Governments, appealing 1 on purely humanitarian grounds 1 for the
(iovernment'z protection of the right to life of the individuals concerned and
requesting information concerning those allegations+ These Governments are:
Algeria, Angola, Bangladesh, Bulgaria 1 Burundi , China, Colombia, El Salvador,
Equatorial Guinea 1 Guatemala, Haiti . Indonesia, Iran (Islamic Republic of),
Iraq, Jamaica, Jordan, Mauritania . Peru. Somalia, South Africa, Suriname,
United States of America, Viet Nait.
EJCN. 4/1989/25
paqe 3
13. Replies were received from the fallowing Covernrtents Algeria,
Bangladesh, Burundi China, Iraq, Jordan 1 United States of America, Wet Nan.
14. These messages and the replies received are suirnarized in chapter I I, the
full texts are available for consultation in the Secretariat files.
{b} Req ests for information concerning alleged summarx or _ rbi4rary
executions
15. The Special Rapporteur also sent letters to 36 Governments concerning
alleged suninary or arbitrary executions in their countries as follows:
Bangladesh, Benin, Brazil, Buri a, Chad, China, Colombia, Czechoslovakia,
Denocratic Yemen, El Salvador, Ethiopia, Guatemala, Haiti, Honduras, India,
Indonesia, Iran (IsIaLsic Republic of)., Iraq, Israel, Mauritania, Nepal,
Nicaragua, Nigeria, Pakistan, Peru, Philippines 1 Somalia, South Africa,
Sri tanka, Sudan, Syrian Arab Republic 1 Thailand, Uganda, United Kingdom of
Great Britain and Northern Ireland, Yelren, 2aire.
16. Replies were received from the following Coverrnnts an-gladesh , Benin,
Brazil, burma, Colombia, Czechoslovakia, ilonduras, India, Indonesia, Iraq,
Nigeria, Philippines , Sri Lanka, Syrian Arab Republic 1 United Kirtgdomi of Great
Britain and Northern Ireland.
11. In addition, replies were received from the following five Governments
concerning the allegations transsitted by the Special Rapporteur during 1907:
El Salvador, India, Mexico, Nicaragua, Syrian Arab Republic.
18. F'urthermote, in the course of his present mandate, the Special Rapporteur
met the representatives of the following Governments in connection with
alleged sunurary or arbitrary executions in their countries: Algeria, Benin,
Rurnia, China, India, Indonesia, Iraq, Nigeria, Sri Lanka.
19. The Special Rapporteur would like to express his utmost appreciation for
their positive co—operation with bun. He values these consultations and would
like to have more of them with re countries in the future, as they help h ut
to be better informed and thereby to make a rwre comprehensive report to the
ComMas ion.
20. The alleged summary or arbitrary executions transmitted to Goverunents
and the replies thereto are suiriarized in chapter II. The full texts are
available for consultation in the Secretariat files.
C. . minthearirtgs on Southern Africa
21. The Special Rapporteur joined the Ad fcc Working Group of Experts on
southern Africa for hearings on southern Africa at the Working Group's 714th
to 731st meetings held in Harare, tusaka, and Dar es Salaam, United Republic
of Tanzania, from 3 to 17 Augun l9B . The inforwation obtained at the joint
hearings is reflected in chapter II, section B, (paragraphs 236—24B1.
E/CN. 4/1909/25
page 4
II. SITUATIONS
A. General
22 The inforruation received by the Special Rapporteur in the course of his
present nndate includes alle 3ations of executions or deaths which may have
taken place in the absence of the safequards designed to protect the right to
life e odied in various international irtstruinents, such as the International
Covenant on Civil and Political Rights (arts. 4, 6, 7, 9, 14 and 15), the
Standard Minimum Rules for th Treatnent of Prisoners, the Ccile of Conduct for
Law Enforcement Officials, th Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Pun ishment, an d the Safeguards guaranteeing
protection of the rights of those Lacing the death penalty adopted by the
Econoiiic nd Social Council i; resolution 1984/50.
23. This infornatLon generafly related to allegations of the following nature;
(a) Actual or tmoninent ,tecutions:
(I) Without a trial:
(it) With a trial bt t without safeguards designed to protect the
rights of the defendant as provided for in articles 14 and 15
of the International Covenant On Civil and Political Rights.
(b) Deaths which took Place:
U) As a result Of torture or cruel, inhuman or degrading treatment
during detenti
(ii) As a result of abuse of force by police, military or any other
governmental Ot quasi—governmental forcesi
(iii ) As a result of assault by individuals or paramilitary groups
under official control
(iv) As a result Of assault by groups opposing the Government or riot
under its contl ol.
L country situations
A eria
24. On 13 October 1988, a Cbt le was sent to the Government of Algeria
concerning the widespread unr 5 t throughout the country at the beginning of
October 1989 in which a large number of persons aLlegedly died as a result of
confrontations between civili ns and security forces.
25. The Special Rapporteur a sled to the Government to take every necessary
measure in order to protect t right to Life of individuals and requested
information on the above—fttent&onea situation, and in particular the treasures
taken by the Government to Pflwent further Loss of Life,
E/Q*. 1/1969/25
page 5
25. On 2 Hoveaber 1968, the Special ltapporteur met the Permanent
Representative of Alqeria to the United Nations GEE ice at Geneva in connection
with the above-mentioned situation.
27. On 14 Dece mber 1988, a reply was received from the Govecn*ent of Algeria,
stating that no suiu'ary or arbitrary executions had occurred during the
incidents in guestion. It was also stated that the GovetA*ent deplored the
death of 1S9 persons during the unrest among when were demonqtratots as well
as members of the security forces. According to the reply, the Government was
responsible under the Constitution for th maintenance of public order and the
protection of persons and their property and therefore had proclaimed a state
of siege on 5 October 198 6 which was lifted o 12 October 1988, when the
situatiL on retunied to noria). ft was further stated that, under the
instructions of the President of Algeria, the Council of Ministers had adopted
a series of measures at its meeting on 6 December 1938 in favour of the
deceased and those wounded during the incident -s and that it had also taken
decisions concerning those arrested.
A n gola
28, On 15 Novenber 1968, a cable was sent to the Government of Angola
concerning two alleged casee of imminent execution. According to information
received, two persons named Marcolino Pazenda and 3oaquia Antonio were
sentenced to death On 24 October 1988 by the Luanda Garrison Military
Pr ibunal, following their conviction for murder and robbery. In this
connection it was aLleged that, since the beginning of 1988, five persons had
been sentenced to death, without the right to appeal to a higher tribunal
against the death sentences.
29. The Spec i l Rapporteur appealed to the Government to look into the
above-ment lone] canes and requested information on them, in particular
regarding the proceedings of the Tribunal, as a result of which the two
persons had reportedly been sentenced to death.
30. At the time of preparation of the present report no reply had been
received from the Government of Angola.
Bangladesh
31. On 30 May l 9 SB a cable was sent to the Government of Bangladesh
concerning an alleged case of irninen t execution. According to in format ion
received, a man naned Mohiuddin was allegedly sentenced to death on
3 November 1995 by Special Military Court No. B in Jessore. It was alleged
that at that time the defendant was not granted the right to appeal against
the verdict and sentence of the Special Military Court. Furthernnre,
Mohiu2din's petition for mercy was Raid to have been rejected by the
President.
a2. The Special Rapporteur requested information on the case, in particular
on the procedures of the Special Rilitary Court.
33. On 9 November 1988, a letter was sent concerning an alleged case of death
in detention. According to information received, on 5 Noveirter 1987, a person
need Aim Sayed I4oksedul Rug Rinto, a student from Rotwali in Bar isal died as
EJcN. 4/1989/25
page 6
a result of beatings wMle in detention at Barisal gaol. It was alleged that
the post-mortem, orôered by the Deputy Conniseioner of Bar isal, found that
[ Unto had died due to bead injuries and that his body carried mat s of
beatings. No investigation was known to have been carried out s . c far on the
case 4
34. The Special Rapporte'.ir requested information on the above—mentioned case,
and in particular 1 on any i u estigation carried out into the case, including
an autopsy, and any measures taken by the authorities to bring those
responsible to justice and prevent further occurrence of such deaths.
Oct -l 19&&, a refl'j t 5 teCet ZQII trot thQ Govetnsnt of Eartqtadaatt tn
the cable of 30 May 1988, stating that on 26 May 19fl the President had
coniuted the death sentence imposed on l4ohiuddin to life imprisonment.
36. On 18 Decester 1988 , a reply was received f ro n the Government of
Bangladesh to the letter of 9 November 1988, stating that a judicial
investigation was carried out into the death of A.S. Moksedul Huq Rinto in
Bar isal gaol, that subsequentlY the chief and another gaol guard were charged
with having contravened certain sections of the Bangladesh Penal Code
concerning the treatment of prisoners and that the cases were currently being
tried by the session judge of Bat [ sal ..
Ben in
37. Oii 9 November 1988, a letter 5 sent tø the Government or Senin
concerning an alleged case of death in detention. Accordinq to information
received, a person named Psmy aIsle akpokpo, died in custody on
18 January 1988 as a resu .t f torture in the Central Police Station
(CoTnissariat central) in AboI)ey. No investigation or inquest was said to
have been carried out concerning his death.
38. The Special Rapporteur requested information on the above-mentioned case
and in particular on any j estigation of the case, including an autopsy, and
any measures taken by the authorities to prevent further occurrence of such
deaths .
39. On 23 December 1988, a reply was received from the Government of Benin,
stating that there were no political detainees or prisoners of conscience in
Benin. It was stated that, during the periods of grave tension in the
Country, certain people who bad decided to carry out activities with a view to
seriously disturbinq the soc [ al order had been summoned and placed under
administrative detention for questioning to clarify their involvement in
activities which would endanger the social peace and stability of democratic
institutions. In order that those convicted of such activities could assume
full responsibility in accordance with the law, measures were taken by the
competent organs. It was further stated that, in order to deal with the
abusive practice of deprivati°fl of liberty in garrisons by certain officers,
the Head of State had reiterated relevant provisions of the Pundamental Law
which emtodied the principles of habeas corpus as well as Act }1 , 81—004 of
23 March 1981 and that he had aqain forbidden the practice of excessive
detention without charqe. cordinq to the reply, the Peoples Central
Prosecutor ‘ s Office (parquet populaire central) had a mandate to ensure the
legality of detention, to j itinq places of detention regularly and supervise
K/eN. 4/1989/25
page 7
the administration of detention. It was also stated that v rious activities
were organized to inform and e&ioate administrative bodies and the people in
general with regard to human rights, in order to protect citizens against
arbitrary action, With regard to conditions of detention, it wSs stated that
iegular visits by the People's Prosecutor's Office ensured respect for human
dignity and contributed to the rehabilitation of offenders in their social
life.
40. On 1.3 January 1.989, the Special Rapporteur c et the Permanent
Representative of BeMn to the United Nations Office at Geneva, With regard
to the case of lele Akpokpo, the Permament Representative stated that he had
urged his Government to carry out an inquiry jflto the case. According to the
Permanent Representative, if the person in question had been found dead, a
judicial investigation would have been held regarding the circumstances of his
death and the result of the investigation would be communicated to the Special
Rapper teur.
41. In addition, the Penanent Representative briefed the Special Rapporteur
with regard to the recent developments in Benin concerning human rights,
including the eatabtisbtent of various national institutions under the new
Constitution of 1976, such as the People's Tribunals and People's Prosecutor's
Office, the appointipent of judges, the creation of the national section of the
kasociation of African Jurists, the organization of national sersinars on human
rights and the recent reinstatement of privately owned newspapers.
f3ra z it
42. On 28 July 1988, a letter was sent to the Government of Bra2il concerning
the following allegations.
13. During the past several years, hundreds of persons, taid to be criminal
suspects, have been killed in various parts of the country by so—called
“vigilante groups” whose !Iellbers aLlegedly incLuded current and totter police
officers. In spite of efforts made at various Levels of the Governaent to
suppress this phenomenon, killings continued to be reported. In Rio tie
Janeiro alone, 47 persons were reported to have been killed by vigilante
groups in one week at the end of September 1937.
41. On 29 December l9S7, in Pará State, at least eight unarmed persons died
when Par4 State military police opened tire while clearing gold—miners and
thetr fa i.Lies who had been bLockadl.nq a bridqe at Maraba. in additton to the
eight confirmed deaths, 66 persons were sail to be still aissing presumed
deal. Later, one witness, who had reported on television on 30 fleceniber 1957
that he had seen eight corpses below the bridge, was allegedly beaten to death
by a group of unidentified ten.
45. On 28 March 1988, in the vicinity of the s3 , Leopoldo Indian area,
District of Benjamiii constant, State of nazonasp four Ticuna Indians were
aLlegedly kilLed in an attack by the employees of a timber company operating
ir s the area. Despite the fact that the incident was seen by nuaerous
eye—witnesses those involved in the killings were allegedly released froni
police custody.
E/Ctl. 4/1989/25
page 8
48, On Noventer 1988, another letter was sent transmitting information
alleging that, during the past several years, a number of persons, mainly
peasant snallholders ( !posseirosM but also t rade— '.inionists, priests and
lawyers working with peasant coiswnities, were killed by persons hired for the
purpose. In a number of cases of such killings the police personnel were
alleged to have been directly involved. It was further alleged that the
authorities had failed to take effective action to investigate the killings,
to bring those responsible to justice or to protect those whose lives were
threatened.
47. The Special Rapperteur described, by way of example, 13 such incidents
which had allegedly occurred since 1987 in the States of Pars, Goils,
Pernambuco, !linas Cerais, Espirito Santo 1 bahia and Acre.
42.. The Special Rapporteur requested information on the alleged occurrence of
summary and arbitrary executions and in particular on any investigations of
those cases, including autopsies and any measure taken by the author ides to
bring those responsible to justice and prevent further occurrence of such
deaths..
49.. On 22 September 1988, a reply was received from the Government of Brazil
to the letter of 2S July 1988, stating that the so—called Avigilante groups T M
were extermination groups set up by highly dangerous outlaws of the
organized crime underground, and that the Government was taking the necessary
measures to suppress such groups, for exaniple in the State of SS'o Paulo, where
a highly specialized corps was being trained and deployed to deal with the
problem. With regard to the incident of 29 Deceeber 1981 in Pan State, it
was Said that the Coanission appointed by the council for the Defence of Human
Rights (CDDW) of the Ministry Of Justice to investigate the incident had
reconnended in its report an inquiry by the Department of Federal Police.
With regard ho the alleged killing of four Ticuna Indians in the State of
Anazonas, it was stated that on 30 March 1988 the Department of Federal Police
had begun its investigation of the killings and that the National Foundation
for AsSistance to Indigenous Populations (FUNAI) had requested the Department
or Federal Police to detain those suspected of the murders, had followed the
progress of the investigation in Benjamin Constant and requested the Ministry
of Welfare to extend pension benefits to the widows of the victims.
50. On 21 December 1988, a reply to the Special Rapporteur's letter
of 9 Noverter 1989 was received from the Government, stating that the
aflegat ions were under consideration by the competent authorities. The reply
stated further that the Government considered as sunwary or arbitrary
executions only those cases in which Govetnment officials were actually
involved.
Bulgaria
51. On 11 May 1988, a cable was sent to the Government of Bulgaria concerning
three alleged cases of imminent execution. According to infor mation received,
three persons named Elm Madzharov, Aitseic Chakarov and Sa n fleergiev were
allegedly sentenced to death on 25 April 1988 by the Supreme Court of
Bulgaria. It was alleged that there was no right of appeal to a higher
tribunal. The Special Rapporteur, stating that, in cases of capital
punishment, he was concerned with any allegation of absence of the safeguards
L/ ah4/1989/25
page 9
intended to ensure the basic rights of the individual 1 including the right to
appeal 1 requested intonation in particular on the legal provisions and
procedures under which the above—mentioned persons were sentenced to death.
52. At the time of preparation of the present report no reply had been
received froth the Government of Bulgaria.
Burmia
53. On 28 .Jnly 1988, a letter was sent to the Government of Burma
transmitting the allegation that during 1986 and 1987 a large number of
unarmed civilians, said to be nsnbers of the Karen ethnic minority, had been
killed by the Burmese army during its counter—insurgency operations in Karen
State. It was alleged that the victims, who were suspected of links with
opposition groups , had disobeyed travel or rationing restrictions, or had been
sei2ed by the army to work as porters or guides were allegedly killed by
then 1 In his letter the Special Rapporteur stated that he had received a list
of 60 such vict ins.
54. On 9 November 1988, another letter was sent concerning the alleged
killing by Government forces of civilians belonging to the Shan ethnic
minority during the past several years in Shan State. It was alleged that the
vlcti*is, either suspected of links with opposition groups or seized by the
army to work as porters, had been shot, stabbed or beaten to death. The
Special Rapporteur described, by way of example eight alleged incidents of
such killings since the beginning of 1967.
551 Furthermore 1 the Special Rapporteur transmitted by the same letter
information alleging that, during the unrest in Rangoon and other cities since
June 1988, a large number of persons had been shot dead by government troops
during demonstrations or had died in detention as a result of torture and
i 1 l—t re atkent.
6. The special Rapporteur requested infornat ion on the alleged occurrence of
suunary and arbitrary executions and in particular on any investigations of
those cases, including autopsies and any measures taken by the authorities to
bring those responsible to justice and prevent further occurrence of such
deaths.
57. On 4 October 1980, a reply was received from the Government of Burma to
the Special Rapporteur t s letter of 28 July 1988, stating that, according to
the authorities concerned, including those in the remote frontier areas, no
cases of surary and arbitrary executions had taken place in the military
operations in the years 1986 and 1987 ,
58. on 22 December 1988 another reply was received stating that, with reqard
to the alleqations transmitted in the Special Rapporteur t letter of
25 July 1988, the Burmese atitliocities had found it difficult to establish the
facts, since relevant particulars, such as names of victims and exact
locations of alleged executions, were not specified. liowever, it was also
stated that general and comprehensive inquiries 1 carried out in the command
areas where counter—insurgency operations took place during 1986 and 1987,
indicatei3 that no sunary or arbitrary executions had occurred in those areas
as alleged . It was further stated that there were no records of official
B/CIt. 4/l9 9/25
page 10
complaints lodged by the faailies of the alleged victins with the local
authorities concetned. With regard to the allegations transmitted by the
Special Rapporteur's letter of 9 Novether l988 inquiries and investigations,
carried out with the regiments and infantry divisions concerned, revealed that
the alleged summary or arbitrary executions had not taken place.
59. Concerning the demonstrations in Rangoon and elsewhere in the country
since June l988 it was stated that the security authorities, In the process
of restoring law and order, had acted with the utmost sell—restraint and had
resorted to shooting only when public and private property and the life of
citizens were in jeopardy. It was also stated that 1 in the general confusion
caused by certain unscrupulo s political e].eIoents which had reached its peak
between 8 and 16 August 1988, action taken by the security forces had resulted
in 192 deaths and 570 injured nation—wide 1 including the death of
four soldiers and 19 iiembers of the police force. It was further stated that
since 18 September 1988 when the national defence authorities had been forced
to intervene to assume State responsibilities 1 the security forces had talcen
action to prevent vandalism and looting and to quell the general violence.
According to the reply 1 this had resulted in the death of 516 and the injury
of 272 looters country—wide and the death of 15 and the injury of 21 other
persons in the confusion of the violent denwmstr3tions. With regard to the
arrest and detention of those believed to have been involved in the
disturbances 1 it was said that the State Law and Order Restoration Council had
enacted a new law enstiring due process of law with proceedings in open court 1
unless otherwise provided for by law 1 the right of the detainee to defence and
the right to appeal.
60. On 11 January 19891 the Special Rapporteur net the Permanent
Representative of Burma to the United Nations Office at Geneva, who briefed
him on a number of positive developments which it was hoped would remedy some
of the conditions which had given rise to a situation in which loss of life
had taken place. Among the points nentioned were:
(a) More than one political party nay be registered and permitted to
operate and participate in elections but they Rust be committed to the true
democratic system. Currently there are more than 161 political parties which
have been registered with the Multi-Party Democracy General Elections
Commission;
(b) The Multi—Party Democracy General Elections Commission has been set
up to prepare the successful holding of free and fair multi—party dei*ocraoy
general elections;
cJ The persons who have been appointed to the said Commission have been
accepted by all the parties in Burma as persons of integrity, impartiality and
good repute;
(d) The groups of youths, students and monks who have been repatriated
frea Thailand have been accorded individual attention to ensure that each of
them has returned safely to their parents. Up to 5 January 1989,
1,929 students had returned hone.
61. On the same day additional information was received from the Government
of Burma, stating that the recent ruiv urs that students who had returned from
the border areas had been arrested and killed were totally false.
b/0 .4/ 19 89/25
page 11
Burundi
6Z. On 26 August 1988, a cabi.e was sent to the Government of Burundi
concerninq alleged deaths as e result of a tribal conflict. hccording to
information received, thous3ndS of people had beers killed since mid—August
1988 during a tribal conflict which had broken out in the north of the
country. Further information received alleged that the intervention of the
army had resulted in even nne victims.
6 . The Special Rapporteur appealed to the Government to t&ce all necessary
measures to ensure that the j ght to life of every citizen was fully protected
and requested inforrn t ion on vhe above—mentioned situation 1 and in particular
on the steps taken by the Gov ernment to prevent further loss of life.
64. On 31. P i. qust 1)83, a note verbate was received from the Government of
Burundi concerning the situation in the CoMmuneS Of !‘Itega and Marangara and
the nature of the operations carried Out by the army. 1 ccording to the note
verbaLe, on 15 August 1988, or e week after tension had been increased by
elenents who had infiLtrated the Local population and misled them t believe
that an attac c by the other et±nic popislatton was imminent, a group of rebels
armed with spears, machetes, clubs and stones had attacked and killed the
inhabitants of Nteq and prcic eded to the commune of l4arangara with simiLar
intentions. It was also stated that, when the Governjnent troops had arrived
at iltega on 16 hugust L988, tnousands of peopLe had already died or
disappeared and hundreds of houses had been burned down. It was further
stated that the government trO°P 5 had intervened Sn order to stop the car nage
but that a number of persons ot involved in the kiLlings night have been hit
by stray bullets tired by tIie government troops. According to the note
verbale, in such a situation the security forces had no alternative but to use
their arms, not against innocent civilians, but against the rebels who were
engaged in killing, raping and arson It was stated that the victims incLuded
people from alL ethnic backgrounds.
Chad
65. On 23 July 1988, a letter was sent to the Government of Chad concerning
the allegation that several persons had died in secret detention centres as a
result of ill—treatment. The causes of death were alleged to have included
lack of medical tteatmaent 1 exv remely poor diet, lack of water and Lack of
ventilation in overcrowded cej-ls, in addition to beatings and other phystca l
ill—treatment. One of the prisoners , naued Cuilcu Ilassane, allegedly died o
18 November 1987 in a secret detention Centre in N'Djamena. It was further
alleged that no investigation or inq uest into these deaths had been carried
out.
66. The Special Rapporteur requested information on the above—mentioned
allegation and, in particular on any investigation of the case, including an
autopsy, and any measures taken by the authorities to bring those responsible
to justice and prevent furthet occur tenet of such deaths.
67. At the time of preparation of the present report 1 no reply had been
received from the Government.
E/CN.4Ji3B /25
page 12
China
68. On 10 June 1.988, a cable was sent to the Coverrunent of China concerning
the alleged imminent execution of four persons named Lobsarig Terizin, Veering
Dhondup, GyalLtsen Chophel and Sonam Wangdu, who were allegedly involved in the
killing of a Chinese policetan during the deaonstration on 5 March 1988 in
Lhasa, tibet Autonomous Region. Since the official announcement of their
arrest allegedly referred to them as the Mfour principal crininals, fears were
ecpressed to the Special Rapporteur that the four ‘night not have been granted
a fair and open trial and that they night be executed shortly after the trial.
69. The Special Rapporteur 1 being concerned, in cases of capital punishnent,
with any allegation of absence of the safeguards intended to ensure the basic
rights of the defendant as provided for in article 14 of the International
Covenant on Civil and Political Rights 1 requested information on the
above—mentioned cases, in particular on the legal provisions and procedures
inder which the four might have been charged and tried.
70. On 12 December 1988, another cable was sent concerning alleged cases of
killing of deaonflrators in the Tibet Autonomous Region. According to
information received, on 10 December 1988 at least two persons a Buddhist monk
and a nun, were allegedly shot dead in Lhasa when the security forces fired at
a crowd of demonstrators at clone range without warning. Expressions of
concern were received by the Special Rapporteur that further deaths might occur
in sintilar confrontations between the security forces and the local population.
71. The Special Rapporteur appealed to the Government to take all necessary
measures to ensure protection of the right to life of the individual and
requested in format ion on the above -men t toned incident.
72.. On 28 July 1988, a letter was sent to the Government of China concerning
allegations that, in the situation of ethnic unrest in the Tibet Mstononous
Region, notably since September 1987, several deaths mostly of Tibetans, had
allegedly occurred, including cases of shooting arid beating to death of
de*onstrators by the Chinese police forces and egecution of detainees after
torture in prison. Several such alleged cases brought to the attention of the
Special Rapporteur were described as follows:
(a) On 3 October 1987, two monks from Sera Monastery were shot dead when
they tried to prevent the police from entering the monasteryi
(b} During 1987, in Drabchi prison a number of persons were executed
without trial after having been torture&
Cc) On 4 November 1987? Lobsartg Wangchuk. aged 74, died shortly after
his release trom detention due to repeated torture and maltreatment during his
i mprisonment. however, according to an oflicial account he died of Liver
cancers
iei Cc 5 March 1983, during the demonstration in and around the Jokhsng
Te*ple in Lhasa several pecsons, including monks and lay Tibetans were shot
or beaten to death by the police forces;
(e According to an off icial account, a Chinese policeman was killed by
demonstrators during the above—mentioned demonstration.
E/QI .4/1939/25
page 13
73. On 9 November 1988, another letter was sent to the Government of China
concerning the allegation that 1 in the flbet AutOttollous Region, several deaths
were alleged to have occurred as a resuLt of assault by police or prison
officers. Two examples of such alleged cases were described as followsi
(a On 10 May 1983, a Ithampa from Kanze died in a Lhasa hospital as a
result of severe beatings in Cetsa Prison
(b) On L2 June 1929, in Lhasa, Tsangpo, aged 35, died as a result or
severe beatings after he had been arrested, together with two other men, by
the t.hasa Terigton Chue branch security police.
74. The Special Rapporteur requested information on the above—nentioned
cases, and in particular on any investigation of the cases and ny measures
taken by the authorities and/or the judiciary to estabLish the facts and bring
those responsible to justice.
75. On 21 July 1988, the Special RappOrteur met the Permanent Representative
of China to the United Nations Office at Geneva and received a repLy train the
Government to his cable of 10 JLrne 1988. The reply stated that the riots
which had occurred in Lhasa since September 1997 were the work of a handful of
Tibetan separatists encouraged by the Dalal Lama, and that the incident of
S Match L938 was a case in point. It was further stated that, in order to
safeguard national security and maintain social order, the local Tibetan
authorities had been forced to take action to arrest the organizers of the
riots as well as those participants who had committed serious crimes,
incLuding those who had killed a police officer 4 This action, according to
the reply, was fully jusizified and Chinese judicial organs would bring the
criminals to trial strictly in keeping with the legal procedures and mete out
due punishment to them in accordance with the law. With regard to the
judicial procedure concerning the death penalty, the reply referred to the
Government' s communication of 13 January 1989 to the Special Rapporteur which
was described in his last report to the Commission on Huruan Rights
(s/cL4/1988/22, paras. 79—80) .
76. On 29 November 1928, a reply was received from the Government of China to
the Special Rapporteur's cable of 12 December 1983. According to the reply,
on the irnrning of 10 December 1988, leaflets advocating the independence of
Tibet had been found in the streets and later about 30 lamas and nuns bad
gathered at the Ramoqe Temple and headed the Jokhang Temple square in Bargor
Street. On the way, a few other people had joined in and some of them had
unfolded and waved the so—called nat ional flag of the independent State of
Tibet”. It was said that, as the crowd grew unruly, policemen on duty tried
to persuade the marchers to stop making trouble, but the latter had refused.
They had even thrown stones and bottles at the policemen. It was also stated
that after repeated unsuccessful ad n it ions, the policemen were forced to
fire warning shots, that, in the ensuing chaos, one lain, not two persons as
alLeged, was killed and 13 injured, all of whom, except two, had suffered only
minor injuries and that they had received timely treatment. ft was further
stated that, since then, public order in Lhasa had returned to normal and no
confrontation of the kind mentioned by the Special Rapporteur had occurred.
WcN.4/1989/25
page 14
colombia
77. On 28 October 1988, a cable was sent to the Government of Colombia
concerning alleged death threats to Angela Toban Puertas, leader of the
teachers' union of the Department of Antioquia ffiDInA) -
18. On 10 November 1988, another cable was sent concerning alleged death
threats to Fr. Jorge Eduardo Serrano Ordófiez, a parish priest of San PlO X,
Cucuta, Department of Norte de Santander, made by a parasilitery qronp calling
itself TM Muerte a revolucionarios (MAR).
79. In both cables, the Special Rapporteur expressed his concern for the life
of the persons named and requested intonation on the measures taken to
protect them.
80. On 28 July 1988, a letter was Sent to the Sovernifient of colombia
concerning the allegation that during the past year more than 1,000 persona
had been killed by members or the security forces and by para military groups.
Security forces units which were alleged to be responsible for st h killings
included the police intelligence unit of the National Police, (F—2), the
army's intelligence division 1 {B—2), the army's intelligence and
counter—intelligence bat ta lion i encia t ra— Inteligenc I a
(SIWCT}), and regular army battalions and regional brigades. Evidence
allegedly suggested that the paramilitary groups known as death sgn 1s
included police and military personnel and their civilian auxiliaries. It was
alleged that, in many of the killings by the •death squads T M , military weapons
and vehicles without number—plates were used and that those vehicles had been
seen near army premises or police Gtations. It was further alleged that both
civil and military authoritias had failed to bring those responsible to
justice. Many of the victims were trade-union leaders and activists, members
of political patties, farm workers, h'.m an rights activists, lawyers, j udges
and journalists.. Lists of several hundred victims 1 including many ubers of
the Central Workers [ Ji-tion of Colombia (C li ?) and of the Ijrji6n Patriotica (UP),
were received by the Special Rapporteur, who described by way of example
16 incidents of killings which had allegedly occurred during the period
between Psuyust 1977 and May 1988
81. On 9 November 1988, another letter was sent to the Government of
Colombia, transmitting further allegations that, according to several sources 1
between January and August 1988, some 400 persons, mostly peasants, were
allegedly killed in 46 incidents of massacres M of five or more persons. The
Special Rapporteur, having received, since August 1988, more than 150 names of
victims of such killings, alleged to have occurred since the beginning of
1988, described by way of exampLe 14 incidents which reportedly occurred
during the period between March and October 1988.
82. in both lettns, the Special Eapporteur requested information on the
above—mentioned allegations and in particular on any investigation of the
cases and any measures taken by the authorities and/or the judiciary to
establish the facts and bring those responsible to justice.
83. Letters were received from the Government of Colombia on 25
and 29 August, 13 October, 9 and 11 November 1968 and 9 January 1989,
transmitting information on a number of cases as foflowss
EIcN. 4/1969/25
page 15
(a) With regard to the cases of Salvador Plinco Martinez,
Nevardo Fernández, Car los Pan LiZCanO arid Lut Stella vargas, who were
allegedly cAlled on 22 October 1987 by members of the police In the
municipality of Hobo 1 Department of Hui3.a 1 it was stated that investigations
were in a prelii.inary stager
(b) With reqard to the case of the deaths of 21 peasants, nembers of the
7 gricu1tural Workers Union {SINTAGRO} on 4 March 1960 on the estates of
La Negra and Honduras in the municipality of Cur rulao, Department of
Antioquia, it was stated that the Administrative Security Departnent ( OAS) had
conducted the preliminary inquiry and the prosecution was being prepared by
the judge of the Second court for Public Order. Two persons, a civilian and a
soldier 1 were stated to have been detained and 10 arrest war rants had been
issued so far;
(c) With regard to the case of the killing of Aivaro Carcés Parra,
Mayor of Sabana de Tones, Department of Santander on 16 August 1986, chargeS
were brought against two national army officers on 1 July 1988 and the
criminal investigation was being carried cut by the Eleventh Court of Criminal
Investigation, Bucarananga. The pr eedings were still in the pre—trial stage
and no one had yet been detained;
(di With regard to the case of the killing of Rector Julio Mejia, Judge
No. 13 of Nedellin court of Criminal Investigation was conducting the
prelintinary investigation with a view to identifying the perpetrators of the
offencei
le) With regard to the case of Luis Antonio Boh6rquez the Bucarananga
Court of Criminal Investigation was conducting a criminal investigation Into
the alleged disappearance of Bohórquez;
(f) With regard to the Case of Osvaldo Teher4n, the investigation was at
the preliminary stage in the Pourth Public Order Court in flogot ;
(g) With regard to the case of Juan Diego Arango Morales 1 Judge No. 49
of the Nedellin Court of Criminal Investigation was investigating the case;
(h) With regard to the killing of Caries Mauto Hoyos, Fiscal
General de la Nación (Attorney—General of the Nation), and his two bodyguards,
the Second Specialized Court in Medeflin was handling the pre—trial stage of
proceedings. A detention order was issued for five persons implicated In the
abduction arid murder of the Attorney—General; three of theta ware detained and
stmimonses and arrest warrants were issued against three other persons;
(i i With regard to the death of Marco Antonio Sanchez Caste 1 len
preli*inary proceedings were being held by the itinerant judge of the
Eighth Court of Criminal Investigation, and on 26 October 1988 the court
requested the local IJAS and criminal police officials to apprehend two persons
for the aurder * No disciplinary proceedings had been initiated in the absence
of evidence of the responsibility of the national police;
(ji With regard to the cases of Honduras Farm and La Negra Farm in
Purbo, UraIh, on 4 March and that of Punta Coquitos in Turbo, Urab ,
A.ntioquia, on 11 April 1958, it was stated that since they were connected, it
EICN. 4/1989/25
page 16
had been decided by a court order of 25 Jurte 3.988 that there should be joint
proceedings. The proceedings were currently with the fligher Public Order
Tribunal of Bogot awaiting a decision on the appeal lodged by the persons
under investigation, requesting cancellation of the detention orders and
dismissal of the cases. With regard to disciplinary proceedings, the National
Police Prosecutor decided to open a formal disciplinary investigation of a
captain on 9 Septenber 1988
k) With regard to the case of La Mejor Esquina in Buenavista , Córdoba
on 3 April 1988, it was stated that the case was in the investigatory stage
and that several persons had been sentenced by the Public Order Court to
10 and 6 years' imprisoru ent. It was also stated that there was no evidence
of any partiaipatie in these events by State security forces. It Was further
stated that a disc:iplinary investigation was being carried out into possible
irregularities that the First, Sixth and Penth Criminal Examining Magistrates
of Moriteila might have corrinitted in the trial concerning the iLlejor Esquina
massacre, by releasing some of the persons charged;
(1) with regai d to the case of Liana Caliente , San Vicente de Chucuri ,
Saritarider, on 29 May 1988, it was stated that the events had resulted from a
violent armed confrontation between the forces of order and demonstrators in a
peasant na ich. According to the investigation, a person nanied
Luis Urib, Suárez, alias Commandant Camilo, who bad been amnestied and was
collaborating with the army as an informant, was with the soldiers when the
action occurred and he fired at and killed four army officers and soldiers.
Nine civilians also lost their lives. It was stated that the iiwestigat:'.on
was almost completed;
(in) With regard to the case of La Fortuna, Barrancaberilbeja, Santander,
On 23 May 1959, it was stated that despite numerous stateuients and items of
evidence collected in the case, it had not been possible to identify the
individual perpetrators of Or participants in the punishable of fences;
(n) With regard to the case of Sari Rafael in Anticcjuia, on 24 June 19681
it was stated that the case was still at the investigatory stage. It was also
stated that a captain had been arrested and reu an4ed in custody and that the
accused h4d filed an appeal against the security Jneasure l
(o) With regard to the death of Liumberto Santana Tovar in Rivera 1 uila,
on 26 June 1988, it was stated that the case was still at the investigatory
stage, the perpetrators of the crime being unidentified to datep
(p) With regard to the death of Luis kugusto onilla in Cumaral, Meta,
on 3 Acigust 1988, it was stated that the investigation had not been completed;
(q) With regard to the case of Explanacidn Settlement, Yarima, El Carmen,
Santanc3er, on 20 July l%B, it was stated that the proceedings were still at
the investigatory stage, that it was not possible to identify the perpetrators
and that the Office of the Regional Prosecutor, Barrancaberineja, was continuing
the investigation to establish whether State forces had been involved. It was
further stated that the preliminary report submitted by the committee of
inquiry concluded that the multip le homicide had been carried out at
txplanacitn Settlement 1 by a group of criminals known as M h Z , on members of the
peasant ccinnunity of the Tres Amigos, Explanación and Los Olives Settlements,
for the pi rpcse of dominating and controlling the areas in question;
z/cw.4/ 1989/25
page 17
{r) With regard to the death of Ricardo Rios Serrano, in Bucaramanga,
Santander, on 26 August l988 it was stated that on 20 December 1988, the
Fifth Public Order Court of Bucaraflanga declared itse]..f incompetent to
continue the invest i.gation, since it took the view that there was no reason to
suppose that the nurder had been conmitted for terrorist purposes and ordered
that the case be returned to the Ninth Court of Criminal InvestiqatLonj
Cs) With regard to the death of León Cardona, Wil lia m Antonio Arboleda
and Sergio Ospina in Medelilil, i¼ttioquia 1 on 30 August 1985, it was stated
that the cases were still at the investigatory stage, ite ms of evidence having
been collected without it being possible to identify the perpetratOrsj
Ct) With regard to the case of Popayán 1 Canalete 1 Córdoba 1 on
30 September l988 it was stated that it was at the investigatory Stage and
that the authorities had not been successful to date in establishing the
responsibility of specific persons or anti-social groups for the acts in
question;
Cu) With regard to the case of ?4artfn Calder6ri in Cácota 1 forte de
Santander, on 1 October 1988, it was stated that the case was still at the
investigatory stage and that there was no indication that State security
forces were involved p
(v) With regard to the death of césar Castro ESpejO 1 in Puerto Espalla,
Caucasia, Antioguia, on 16 October 1989, it was stated that the case was at
the investigatory stage and that the investigation was encountering
difficulties of collecting evidence due to the refusal of witnesses to come
forward. It was further reported that there was r indication that Stats
agents were involved ;
w ) With regard to the death of Alvaro Fajardo in Isnos, Huila, on
14 October 1988, it was stated that on 24 October 1986, a warrant of arrest
was issued for a second lieutenant and that or' 23 fleceaber 1988 the
investigation had ended and pre—trial proceedings had begun+
84. Tn addition, the reply of 9 3anuary 1989 from the Government of Colombia
stated that the allegations cosnunicated to the Government by the Special
Rapporteur jacked toth truth and objectivity. the Government recognized the
complexity of the situation experienced by the country and the difficulties
encountered in preventing criminals from escaping justice 1 but that did not
indicate either its co ip2icity or tts acquiescence in the commission of
atrocious crimes against the civilian population. It was further stated that
the President, in order to deal with that problem, had suggested a number of
policies, such as strengthening the Cf I ice of the Attorney—General Of the
Nation, appointing civilian prosecutors for the armed forces and national
police, establishing the Presidential Council for the Defence, Protection and
Promotion of Human Rights, signing and ratifying the international instruments
relatinq to the defence Cf fundamental rights and prowtinq them as an
objective of the country with the participation of the armed force;,
establishing Public Order courts and Tribunals dedicated exclusively to this
purpose and suspending the emergency military courts for the trial of
civilians. The reply further stated that the Government was riot unaware of
the possibility that members of the State security forces, abusing the powers
entrusted to thent. might comit illeqal acts, for which they suld be held
B/CL 4/1989/25
page 18
criminally and administratively responsible, but that the allegation that the
entire arited forces were compromised in an institutional policy of violating
human rights was contrary to all the evidence. Accordinq to its reply, the
Government was using the institutional coercive machinery to put an end to new
forms of violence and criminal activities of the extreme left and extreme
right as well as drug traffickers.
Czechoslovakia
S5. On 28 July 1988. a letter was sent to the Government of Czechoslovakia
transmitt inq the allegation that cii 26 April 1988 a person named Pavel I4onka,
aged 35 had died i i i liradec Krhlov4 prison after having been detained since
5 April 1988. is family was alleqe&ty not allowed to see his body and was
given no explanation of his death. It was also alleged that during his
previous detention which had lasted until 26 February 1988, his physical and
psychological health had been affected by the physical abuse in blinkovice
prison.
86. The Special Rapporteur requested information on the alxnre—mentione '3
allegation and fr i particular on any investigation of the case, including an
autopsy, and measures talcen by the authorities to bring those responsible to
justice and prevent further occurrence of such deaths.
81. on 20 October 1988, a reply was received from the Government of
Czechoslovakia, stating that in the course of his detention from 26 May 1986
in prisons at liradec Er lov and No, 1 in Prague 1 and during his prison terms
at prisons No. 2 at Liberec and Ho. 2 in Prague and at Plzen front
13 hugust 1987 to 26 February 198 , no violence had been used against
Pavel Wonka nor had he been subjected to any degrading treatment. It was
further stated that he had died on 26 April 1968 in the prison at
liradec Králov4 and that the autopsy performed immediately after his death had
established that death had been caused by heart failure after a blood clot had
penetrated the pulmonary artery. The source of the blood clot was said to be
thrombosis in the veins around the prostate. It was also stated that the
representatives of flelsinki Watch, a non—governmental organization 1 had
mentioned in their report of 4 May 1988 on the result of the autopsy on the
deceased that they had not found any evidence of violence or mistreatment on
the body.
Democratic Yemen
88. On 9 November 1988, a letter was sent to the Government of Democratic
Yemen transmitting the following alleqationsx
(a) On 12 uecember 1987 Badi Athmad t asir and 34 other defendants were
sentenced to death by the Supreme Court on charges of treason, terrorism and
sabotage, in connection with the fighting which broke out in the capital in
3anuary 1986. It was afleqed that the detertdants were granted access to their
defence counsels only shortly before the trial, following months of
incommunicado detention 1 and that they were tortured in detention. It was
further alleged that they were not allowed to appeal against the verdicts by
the Supreme Court. On 29 December 1987 , l ladi Ahnad Nasir and Eour others
sentenced to death were reportedly executed in al-Hansura Prison in Men?
E/CN. 1/1.989/25
page 19
(b) Between May and July 1988, three men 1 named Said ba Ilu'awwad
ba Daruran, Mused Barghash bin Daggar be Darwan and Al! Sa'id al—Amudi, who
had allegedly been arrested on 23 January 1986, died In custody either at
al—Nukalla or al—Path Military Camp in A-den 1 ft was alleged that although the
authorities claimed that the detainees died as a result of a heart problem.
their bodies had not been returned to their families.
89. The Special itapporteur requested information on the above-mentioned
allegations and in particular on any investigation of the casesr including
autopsies, and measures taken by the authorities to bring those responsible to
justice and prevent further occurrence of such deaths.
90. At the tise of preparation of the present report, no reply had been
received from the Governeent of Democratic Yemen.
El Salvador
91. On 10 November 1988 a cable was sent to the Government of El Salvador
concerning the alleged killing of four day labourers, neriters of the
A-SOC lac ion National de Traba j adores àg ropecua r ios (ANTA) (National a ssoc i at ion
of farm workers) from El Chile Piedra tuna, jurisdiction of Yamabal, Moraz n,
on 12 November 1988 by members of the Third Brigade, Infantry of San Miguel
and Military Detachment No. 4 of San Francisco Gotera 1 Morazin, and the
alleged threat to the life of Ren4 BenLtez Sedrano, father of one of the
four victims.
92. The Special Rapporteur . expressing his concern for the life of
René Benitez Medrane and his family, appealed to the Covernnent to take all
necessary measures to protect the life of Rene Benitez Medrano and i znbers of
ANTA who were allegedly arrested or threatened.
93. On 28 July 1988, a letter was sent transmitting allegations that during
the past year an increasing number of persons were allegedly killed either by
members of the Salvadorian armed forces or by paramilitary groups, so—called
death squads ”. The victims were said to have included peasants, workers,
students, politicians and trade—unionists. Some of the victims were allegedly
suspected of support for and collaboration with the guerrilla groups.
According to the sources of the information, such killings were carried out in
a summary or arbitrary manner 1 although military authorities had claimed that
some of the victims had died in combat ot had been the targets of guerrilla
attacics. It was also alleged that, despite the authorities' clam that the
“death squads T M were independent extremist groups of the right and left which
were beyond Government control, evidence suggested that members of such groups
included police and military personnel acting in plain clothes, under the
orders of superior officers. It was further alleged that inquiries into such
killings were repeatedly hampered by intimidation, interference in the work of
the judiciary and selective application of the rules governing evidence.
Consequently it was alleged that, with a few exceptions, no investigation of
such deaths was carried out arid that only a very few of those who had given
the orders to kill were brought to justice.
94. The Special Rapporteur described, by way of example, 13 incidents of
killings which allegedly occurred during the period between June 1987 and
April 1988.
E/CN . 4/1989/25
page 20
95. tn addition, the Special Rapporteur mentioned the alleged killing of
three women in San Martfn, in an attack by Frente Farabundo arti a
Liberación Nacional {FMLN) guerrillas on a bus carrying textile workers.
96. On 9 NOve mber 1988, another letter was sent transmitting further
allegations of summary or arbitrary executions. The Special Rapporteur
described by way of example seven alleged incidents of killing, including the
alleged hilling of 10 peasants on 21 September 1988 in the village of
San Francisco, San Sebastian, Departhent of 5an Vicente, by soldiers of the
ijibos Battalion.
91. Tn both letters, the Special Rapporteur requested information on the
above-mentioned allegations, and in particular on any investigations of the
cases arid measures taken by the authorities to bring those responsible to
justice and prevent further occurrence of such deaths.
98. On 21 July 1988, a letter was received from the Government of
El Salvador, concerning the killing of Herbert Ernesto Maya Saritabria on
26 October 1987, which wa mentioned by the Special Rapporteur in his last
report (E/CN.4/1968/22, paras. 92—94). According to the letter,
fierbert Ernesto Anava Sanabria, Co—ordinator of the non—governmental
Human Rights Coanission of El Salvador (COHES) was assassinated in an act of
terrorist violence. It was stated that or 28 October 1987 the Office
of the Government Attorney had appointed two special investigators
to look into the case and that 1 on 4 January l988 a person named
Jorge Alberto Miranda Arévalo 1 a suspect implicated in the killing of
Maya Sanabria, was handed over to the First Criminal Court. It was further
stated that the accused confirmed before the j udqe bi s confess ion concerning
his participation in the killing 1 as a result of which an order was issued for
his detention. It was also stated that the President of the Special Criminal
Investigation Coniss ion and Minister of Justice had indicated that evidence
revealed that Maya Sanabria had been executed by the People's Revolutionary
Army (ERU.
Eq torial %ne
99. On 20 October 1988, a cable was sent to the Cover nnent of Equa tar ia 1
Guinea concerning the case of Joaquin Elena Ecrenque, former member of the
military police, and Francisco Bonifacio Mba t4guema, sub—lieutenant of the
armed forces who were allegedly sentenced to death by the Military Court
_________________ on charges which were not wade public 1 it was alleged
that a group of 19, including the above—sentioned two 1 arrested in the first
week of September 1988, were tortured during their detention and that the
trial by the Military Court was of a sumary nature, without guarantees of the
rights of the accused as provided for in article 14 of the International
Covenant on Civi3. nd Political Rights.
100 • The Special Rappor tet r requested information on the &x've—men tiered cases
and in particular on the proceedings of the Military Court as a result of
which the two persons were sentenced to death.
101. At the time of preparation of the present report no reply had been
teceived frcnu the C overnment of Equatorial Guinea.
jai 4/L989/2S
page 21
Eth iO X !
102. On 9 November 1999, a letter was gent to the Government of Ethiopia
transmitting the following allegations.
103. During the eviction of the inhabitants of ?lihlarb and Bet—Sehehaghe
villages in Er tr a (Er it rea) in Aug ust/Septe'tthe r 1988, Said Osnan KamM and
Mobamed Ker—Keblan were allegedly shot dead by soldiers of the government
forces when they resisted eviction.
104. In another incident on 24 October 1985, in the village of M M Rarast,
Caret District, hkeleguzai, Li persons were allegedly killed by government
sold lets when they shot in t l isor iainately at the villagers to enforce eviction.
105. The Special 1%apporteur requested information on the about-mentioned
allega uons, and in particular on any investigation of the cases and measures
taken by the authorities to bring those responsible to justice and prevent
further occurrence of such deaths.
106. At the time of preparation of the present report no reply had been
received from the Government of Ethiopia.
Guatemala
107. On 7 July 1988, a cable was sent to the Government of Guatemala
concerning the allegation of death threats by government agents or individuals
acting with the Govern*ent's acquiescence against off icers arid members of the
Electrical Woriters Union (SPIPJDE) in El Petén and their fanilies.
105 . In view of a number of allegations of killings of trade—unionists, the
Special Rapcrteur, expressing his concern for the life and security of the
abocre-mentioned persons 1 appealed to the Government to take every possible
measure to protect their Lives and requested information on those cases, in
particular on any investigations thereof, by the appropriate authorities and
steps taken to ensure the safety of the persons concerned.
l09 On 20 Septe mber 1988, another cable was sent concerning the case of
Pr. Andrés Girón 1 a priest and leader of the Asociación Sacional de Campesinos
Pro-tierra (hM(9 (National association of peasants for land),, who was attacked
on 11 September 1988 near ‘I'iquisate, Escuintla, by a group of armed men.
Rodcilfo de Le6n Vel sques who was accompanying Fr. Gir6n was allegedly shot
dead. It was alleged that Fr. Girón had repeatedly received death threats for
his role in ANC, from paramilitary groups such as The Ejército Secreto
Ant i—Coiirnnista (ESA) ISecret anti—Comnunist arcay}, whose members reportedly
included certain military and security force personnel acting under superior
orders -
110. In view of a number of allegations that several persons were killed by
paramilitary groups after receiving similar threats 1 the Special Rapporteur
expressed his concern for Fr. Cirón's life and requested information on the
neasures taken to protect it and that of others receiving similar threats and
on the appropriate authorities' investigation of the murder of
Itodolfo de be6n vel asque z .
E/c ? .4/l989/25
pege 22
111. On 30 Septe'sber 1980, a third cable was sent concerning alleged death
threats aqa Inst members of the Crupo de Apoyo liutuo por ci Aparecimiento con
Vida de Huestros Fami]J.ares (GAM) (Ithtual support group for the return of
missing relatives alive) in the village of Pachoj, Department of El QuicM.
It was alleged that Juan Ajanel Pixcar and Sebastiana Ramos, in particular,
were accused and threatened at a community meeting by the Commander of the
Patrullas de Autodefensa Civil (PfiC) (Civil Defence Patrols) of the region.
112. The Specia1 1 apporteur, expressing his concern for the life of the
above—mentioned members of (W4, re uested information on the measures taken to
protect the lives of the persons receiving death threats.
113. On 28 July 1988 , a letter was sent transnitting the allegation that,
duriug the past year a large number of persons were alleged to hn've been
Iti lied in various parts of the country by groups of unidentified armed men in
some instances said to be inerabers of the security forces. According to one
source, a total of 420 persons ware kilLed in a summary or arbitrary manner
during 1987.
LL4. Among those killed, a number of persons were allegedly victims of
military operations. The Special Rapporteur described by way of example the
foflowini incidents:
(a) On LO April 1987, in the village of Xecnup, Joyabaj, l Quiche,
12 farmers were killed when they attempted to return to their village from
which they had been expelled five years earlierj
b) On 26 September 1987 in Tisumal, Nebaj 1 81 Quich , two persons were
kiLled by army shelling, bombing and strafing by planes and helicopters;
(c i On 27 September 1987, in Xeucalbitz, Nebaj, l Quich4, 13 persons
were lUlled in a ailit ry operation, including a 3-year-old girl.
115. In addition, a number of persons were allegedly abducted by groups of
unidentified armed men and later found deal on roads or by the wayside, often
with signs of torture. Ft was alleged that these paratilitary groups used
particular kinds of vehicles normally used by the security forces and acted
with total impunity. The Special Rapporteur described by way of exauple 1
four incidents of such killings which allegedly occurred during January and
Pebruary 1988,
lL6 On 9 November 1988, another letter was sent transmitting allegations of
killinqs by groups of unidentified men in various parts of the country. the
Special Rapporteur described, by way of example, 50 such incidents which
allegedly occurred during the period between February and September 1388
117. In both letters, the Special Rapporteur requested information on the
alleged cases and i i i particular on any investigations made and any measures
taken by the authorities and/or the judiciary to establish the facts and to
bring those responsible to justice ,
118. Pt the time of preparation of the present report no reply had been
received from the Government of Gu terna1-a.
E/CN.1/1989/25
page 23
119. On 7 July 1986, a cable was sent to the Government of Raiti concerning
the alleged death threats made by local government and security officials and
others against several members of lay Catholic organizations 1 including
têt Anna in the Jean Rabel area.
120. In view of several similar incidents during the past year when a number
of persons were allegedly killed or seriously wounded by members of the
security forces or groups of armed civilians, the Special Rapporteur expressed
his concern for the life and security of the above-mentioned persons, appealed
to the Government to take the necessary measures to protect their Lives and
requested information on the above-mentioned cases.
121. On 14 September 1988, another cable was sent concerning the incident
which curred on 11 September 1988 at St. Jean Bosco Catholic Church in
Port—au-Prince where a group of armed men allegedly attacked the congregation
during mass in the presence of members of the security forces and killed
five persons.
122. As in his previous cable, the Special Rapporteur expressed his concern.
appealed to the Government on purely humanitarian grounds to take the
necessary measures to protect the lives of the persons concerned and requested
information on the above-mentioned incident, in particular on the
investigation made or measures taken to guarantee the right to life of these
persons.
123+ On 9 November l988 a letter was sent concerning allegations that during
the past year a number of persons were killed by members of the security
forces or armed individuals allegedly acting with the connivance of the
security forces or government officials. The victims were said to include
members of Catholic lay organizations, human rights organizations and trade
unions. In sone cases the victims had reportedly been attacked or threatened
before being murdered. The Special Rapporteur described 1 by way of example.
three alleged incidents oE such killings, including the tilling of
Joseph i.afontant 1 one of the founders of the L,igue }Iattienne des droits
humains (Haitian human rights league) and Executive Director of the centre de
promotion des droits humains (Centre for the promotion of human rights), on
the night of 10/11 July 1988.
124. The Special Rapporteur requested information on the allegations and in
particular on any investigations of those cases, including autopsies and any
measures taken by the authorities to bring those responsible to justice and
prevent further occurrence of such deaths.
125. On.23 December 1988, a Letter was received from the Government of Haiti
transmitting information on the measures taken by the military Government of
haiti concerning human rights and stating that the military Government, in its
determination to consolidate the process of establishing a representative
democracy 1 had issued four decrees confirming Haiti 's adherence to the
International Covenant on Civil and Political Rights, the International
Covenant on Economic. Social and Political Rights 1 and the Convention Against
Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment and its
ratification of the Inter—American Convention to Prevent and Punish Torture.
C/CL, 4/1989/25
page 24
Kondur as
126. On 28 July 1988, a letter was sent to the Government of Honduras
transmittinq allegations of killings by merbers of the security forces or by
unidentified men. The Special Rapporteur described, by way of example, the
following cases:
(a) On 6 October 1987, in the port of Tela, Department of Atl&itida,
Gilberto Isaula Regueno apç] NarciSo Ortiz Leiva were killed allegedly by
agents of the Direcci6n Nacjona - de Investigaciones ION!) (Criminal
investigation s vice}. It was alleged that after having been questioned at
the DM1 office, agents accompanied Inaula itequeno to his house where they shot
him;
(bi On 7 September 1987, fri Corayagi.ia 1 José Luis Perez Ochna, aged five 1
was beaten by members of the security forces when he allegedly tried to stop
therr from mistreating his parents. The child died in the Tegucigalpa hospital
on 11 October l987 Accord g to the police the child died of pneumoniaj
Ic) On 5 .lanuary 1988, in Tegucigalpa, Josh Isafas Vilorio, a former
army sergeant and alleged membet of a ‘death squad', was shot dead by
four unidentified gunmen. On i January 1988, in San Pedro Su]s,
Miguel Angel Pav6n Salazar 1 regional head of the Honduran Human Rights
Conaission, and Noises Landaverde were shot dead by a gunmen. Inalas Vilorlo
and Pavón Salazar were t o of the witnesses in the oases of disappearance of
four persons in Honduran be Core the Inter —American Court of Human Right!;
(d l On 7 April 1988 i r 5 qucigalpa, five students were allegedly killed
when security forces shot at th5 croWd during a demonstration in front of the
Mierican Embassy.
127, On 9 November 1988, amtber letter was sent to the Government of Honduras
transmitting the following allegations!
(a) On 27 September 3977 in San Pedro Sula 1 Juan Caballero Sanchez and
Roberto Ortiz Mpez were allegedlY shot lead by eight DNI agents after their
car was stopped and they were forced out of it. One of the victims was
reportedly the connon—law husband of a leader of the Federación U nitaria
de Trabajadoren de Honduras (P($H) (United Pede rat ion of Workers of Honduras)
wtc had taken part in a hunger—strike in support of claims being made by the
textile worker& union SITBATEXHONSA (Sindicato de Traba adorss de Textiles
de Honduras S.A4;
(b) On 27 July 1988, in the Mesa Grande refugee carp, José Maria Leiva
was allegedly arrested by members of the army and later executed.
128d In both letters 1 the special Rapporteur requested information on the
alleged cases and in particulate on any investigations made and any measures
taken by the authorities and/or the judiciary to establish the facts and bring
those responsible to justice.
129. On i9 May 1988, an official communication was received fro the
Permanent Mission of Honduras tO the United Nations Office at Geneva ,
transmitting a report by the interinstitutioflal Commission of Human Rights of
E/CP1. 4/1989/25
page 25
honduras ( d D E) referring, inter alia , to the cases of José Isalas Vilorio,
Miguel Angel PavcSn Salazar and Moises Landaverde . Regarding the death of
José Isalas Vilorio, it was reported that a group called Fts Cinchonero had
claisaed responsibility for the killing, Regarding the deaths of
Miquel Angel Pav6n and Moises Landaverde, a report On the prelininary
investigation, including testimony by a forensic expert, was attached.
India
130. On 2? July 1989, a letter was sent to the Goveriuient of India concerning
the allegation that, on 19 April 1986 in Arwal 1 Bibar State, 21 personS were
allegedly shot dead by the police during a peaceful gathering in connection
with a land dispute. Several persons were said to have died 1 On the way to
hospital 1 of injuries sustained in the police shooting. Sharat Sao was
allegedly found dead after having been taken alive to the police station. It
was alleged that the police opened fire, withont a prior warning, at the
gathering crowd, which included Wo men, children and elderly persons.
131. The Special Rapporteur requested information on the alleged deaths and in
particular en any investigat ions of those cases, including autopsies, and any
measures taken by the authorities to bring those responsible to justice and
prevent further occurrence of such deaths.
132. On 13 September 1988, a reply was received from the Government of India
concerning the alleged deaths at the end of May 1987, during coniunal violence
in and around Meerut, Uttar Pradesh, which the Special Rapporteur referred to
in his latest report (EJCN.4Jl988/22, paras. 106—108). According to the
reply, the State Government of Uttar Pradesh was Carrying out investigations
and the final outcome was awaited. It was also stated that, *eanwhile 1 the
State Government had activated a schene for providing financial relief to the
families of persons who had lost their lives in the courSe of the riOts
133.. On 30 November 1908! a reply was received from the Gover n nt of India
concerning the alleged incident of shooting of 21 persons by police on
19 Ap ril 1928 in Arwal, Bihar State 1 in connection with a dispute over a piece
of land in the village. According to the reply, on 19 April 1988, some
600 or 700 persons gathered on the land in question disobeying the orders
promulgated under section 144 of the Criminal Procedural Code and indulged in
violence. It was stated that, after the police had arrested four persons and
withdrawn to the police station, the police station was surrounded by a
violeitt it>b, de*anding the release of the arrested persons, It was also
stated that shots Were I ized at the police station, police barracks and the
family quarters nearby. Under the orders of the Sub—Divisional Officer and
the magistrate, shots were fired by the police, resulting in 11 deaths. It
was further stated that the injured persons were given first aid and taken to
the Patua Medical College Hospital where IC of then subsequently died, thus
bringing the total number of deaths to 21.
124. On 12 January 1989, the Special Rapporteur met the Representative of the
Government of India.
E/CN 4/19fl/25
page 26
Indonesia
135. On 7 November 1988 , a cable was sent concerning alleged cases of imrinent
execution. According to the information received( two prisoners named Jayari
and Sukarjo, sentenced to death for their alleged involvement in the 1965 c Ou p
atte pt ware executed during the night of 15/16 October 1988+ Fears were
eapressed to the Special Rapporteur that other prisoners sentenced to death on
similar Charges night be facing i mirtettt execution. The names of 11 pcisoners
were meritiorted.
136. The Special Rapporteur, recalling his previous appeal made on 3 June 1983
for the lif, of those sentenced to death in connection with the
above—mentioned coup attezipt, requested inforaation o the pcesent status of
legal proceedings concerning the prisoners mentioned above.
137 . On 28 July 1988, a lettec was sent transmitting the allegation that,
during the past several yens, a number of persons had been kii.led in
East Tiror by Indonesian military personnel. Thirteen alleged cases of such
killings (10 in 1986 and 3 in 1987) were described by way of examples. In
addition 1 the letter transmitted the allegation that during 1986 and 1967
several persons had died in police Or i lilitary custody. The following
seven Cases were described by way of example:
(a) Leman bin Idris died following a disturbance in Salemba prison in
1986 during which he was allegedly kicked and beaten. In August 198?,
two prison officials were convicted by the East Jakarta District Court of
causing slight injuries to the prisoner and were sentenced to suspended
sentences of 3 years and 18 months' imprisonment
(b} Ferdinand Tar igan died in Sirriilangun police station On
5 November 198€. (Us body was said to have borne marks of torture 1 blat the
police was reported to have announced that he hanged hisusel.f in the police
station lavatory. Although the arrest of the Chief of the Simulangun police
station and three other police officers was ordered, no charges had been filed
by April 198i
(c) Joni Silvester Noban, from Cengkaren, West Jakarta 1 died in hospital.
On 12 April lg87 after having been arrested on 1 April 1987 by the local
military district command (Koramil) and released on the following day. lEe was
alleged to have died as a result of injuries following ill-treatment in the
Roramil
(d) Nasehat bin Slamet died on 5 July 1987 allegedly on the way to
hospital £roa the police station in South Jakarta after having been arrested
on 7 July 1987. his body was said to have borne marks of torture;
(e) Vast Harjuki from Pilar in Rarang Ming, Cikajang, West Jaws (Java),
died on 9 September 1987 on the way to hospital from the Bekasi main police
station 1 after having been arrested on 7 September 1987. The police were
reported to have stated that he had been attacked by other prisonersi
C t) Saipin bin Pub was fatted dead on the night of 21/22 October in the
Citaru River after having been arrested on 1.9 October 1987 and taken to the
Muara Gembong police station. The police subsequently denied that Saipin had
ever been detained;
E/cw.4/l9e9/2 5
page 27
(g) Paijan 1 alias Buang 1 died on 2 December 1987 in the police station
in Tanat .Jawa, sf ter having been arrested on 30 November 1987 by the
lariah .Jawa Korail and taken to the district office in Afdeliitg 1, where he
had allegedly been tortured.
138. The Special Rappoxteur requested information on the above—mentioned
allegations and in particular on any investigations of those cases, including
autopsies, and any measures taken by the authorities to bring those
responsible to justice and prevent fucther occurrence of such deaths
139. On 4 January 1989, a reply was received from the Government of Ind one sia
stating that, with regard to the prisoners involved in the 1965 attempted
coup 1 the sentences of those convicted of treason were carried out in total
conformity with the due process of the law and in accordance with Indonesian
criminal law and procedures, It was also stated that, throughout the trials
of the defendants who were involved in the abortive coup 1 the courts had
adhered to and Implemented, inter alia , the principles of presumption of
innocence, rule of law, open and public trial, Lair composition of the court,
and guarantee of the riqhts of the defendant to legal counsel and to appeal
for clemency. It was further stated that the trials were indeed fair and open
to the public and the press, that those convicted had had the right to appeal
for clemency to the ?resident of the Republic and that their appeals had been
rejected on the grounds of the gravity of the crines, as they had been
directly involved in instigating and carrying out the abortive coup which had
resulted In considerable loss of life and inflicted much suffering on the
Indonesian people. According to the eply 1 the seemingly long delay in
carrying out the executions was due to the time needed by the judiciary and
the executive to ascertain that justice was really upheld It was also stated
that the magnitude of the crimes, which involved several thousand persons,
requlied a considerable time for trial arid clemency proceedinqs, dod that, in
fact, the defendants were afforded every legal avenue. It was further stated
that the sentences were carried out only after all legal recourse had been
completely e?chausted and after those convicted were given the opportunity of
ueeting their families and relatives and that their burials were carried out
in accordance with their religious beliefs. In conclusion, it was stated that
the overn*rit firmly believed that there was no question of sunnary or
arbitrary execution.
140. On the same day, another reply was received with regard to the situation
in &st Timor, stating that the true s ituation prevailing there was as shown
by the findings of humanitarian orqani ations, such as the International
Co ittee of the Red Cross ( ICRC]'. The reply also mentioned the findings of
the Chief Minister of the ustralian Northern Territory who had led a
delegation of officials 1 journalists and ‘Timorese to the province of
East Pimor frca 9 to 11 November 1988. It was stated that the party had found
r io repression, no starvation and no restrictions on freedom of movement and
religion lYbe reply also referred to 1 'the United States State Department's
categoric rejection of the allegations by a number of United States
Congressmen and Senators of abuses of human rights in East Tirnor. It was
also stated that the province had been officially opened as of 1 January 1959
and thus East Tiinorese residents were free to travel without restriction and
entry restrictions for outsiders had been Lifted.
141. On 13 January 1989, the Special Rapporteur met the Permanent
Representative of Indonesia to the United Nations Office at Geneva.
2/ eN. 4/1989/25
page 28
Iran (Islamic Republic of )
142. Cables were sent to the Government of the Islamic Republic of Iran
on 26 August, 14 September 1 11 and 15 Noverber 1, 8, 9, 20 and
23 December 1988 concerning allegations that since July 1988 a large number of
prisoners, said to be riveribers or supporters of groups or organizations
opposing the Government, had been executed and several others were facing
ilTmhinent execution in various parts of the country. According to information
received, a number of prisoners had their sentences of imprisonment changed to
the death sentence or were executed even though their terms of imprisonment
had bee n completed The Special Rapporteur , mentioning a total of some
150 cases of prisoners whose names had been received, appealed to the
Government on purely humanitarian grounds to ensure that the right to Life of
those persons was protected and requested information on the aforementioned
cases.
l43 On 13 January l989 a cable was sent concerning 302 persons who might be
facing imminent execution. According to the information these persons 1 as in
the cases communicated to the GovernNent by the previous cables 1 had already
served or were currently serving sentences of imprisonment. It was alleged
that many of the persons in question were tortured and deprived of visits from
their Eamilies.
144. In view of persistent reports received that several thousand persons had
been executed without trial or with a trial of a sunnary nature, the
Special Rapporteur appealed to the Government to ensure that the right to life
of the above-mentioned persons was protected as provided for in the
International Covenant on Civil and Political Rights. He aLto requested
information on the above—mentioned eases as well as arty information on the
fate of the persons mentioned in his previous cables, as followsr cable of
26 August concerning 1.2 persons cable of 1 Nove mber concerning
ALi Akbar Shal400lney and Mel Talebi, cable of 11. November concerning
Feteidoun Faroughi , cable of 15 NOvember concerning 24 persons, cable of
1. ]Jecember concerning 55 persons, cable of 8 December concerning
Soraya A u blohawaadi . cable of 9 December concerning MOnireh Rajavi 1 cable of
21) ])eCe ber concerning 21. persons and cable of 23 December 1908 concerning
13 persons.
145. On the same day, the List of 302 persons was communicated to the
Permanent Mission of the Islamic Republic of iran to the United Nations Office
at Geneva.
1.46. On No vember 1988, a Letter was Sent to the Government transmitting the
allegation that, since JuLy 1988, a large number of prisoners had been
executed in various parts of the country 1 without trial or with a trial of a
summary nature. The victims allegedly included meiibers and supporters of
organizat Ions and groups opposing the Government, and also Kurdish prisoners.
The Special Rapporteur described by way of example the following a lleqationsi
(a) On 10 July 1988, 10 persons accused of being scounter
revolutionaries and Iraqi spies” were executed;
(b) On 20 July 1988 about 20 persons belonging to political opposition
groups were executed in Evin Prison. The victims included three members of
the Tudeh Party and a member Of the People t s Fedaiyan Organization of Iran
(majority).
E/C4 .4/1989/25
page 29
(ci AlLeged collaborators with the members of the People's Mujahedin
Organization of Iran (PMOI) were publicly executed in Kangavar, Bakhtarsn and
Islnabad—e.4iharb. According to the official account 1 15 PMDI supporters were
executed on about 5 August 1988. They included seven peESOJIS executed on
1 August 1988 in Sakhtaran and one person on 3 August 1988 in ham
(di On 28 July 1988, 200 prisoners said to be Ff01 sympathizers 1 were
executed in Evin Prison. In Machad, 50 other PMOI sympathizers were executedi
(el On 14, 15 and 16 August 1988, 860 corpses were transferred from Evin
Prison to the Behecht tahra cenentery
{fi It was further alleged that on the night of 15/16 nay 1988 a large
number of Iraqi prisoners of war were found lulled, their feet bound with
ropes, in the ilawat region in northern Iraq.
147. The Special Rapportetmr requested information on the alleged occurrence of
summary or arbitrary executions and in particular the legal proceedings
following which the alLeged executions sight have been carried out
148+ At the time of preparation of the present report, no reply had been
received from the Government of the Islamic Republic of Iran ,
Iraq
149. On 6 April 1988 , a cable was sent to the Government of Iraq concerning
the allegation that, on 16 March 1988 in the towns of lialabja, Serwan, Ehormal
and the surrounding villages in northern Iraq, more than 2,000 civilians,
mostly women and children, were killed during the air—raids carried out by the
Iraqi Mr Force using chemical and incendiary weapons. Further loss of
civilian lives in the above—mentioned areas was feared.
150. On 5 September 1988 . another cable was sent to the Government of Iraq
concerning the allegation that, at the end of Augost 1988, in the Dahok area,
a large number of civilians, including women and children, were killed in
operations carried out by the government forces using chemical weapons.
Further loss of civilian lives was feared.
151 • In both cables, the Special RapPOE teur appealed to the Government on
purely humanitarian grounds to ensure that the right to life of civilians in
the affected areas was protected in every possible manner, and requested
information concerninq the above—aentioned cases.
152, On 11 August l 9 Sb a cable was sent to the Government of Iraq concerning
the allegation that three Iraqi nationals residing in Egypt, Abdul A nt Azhab
Al Ruba' ay, sad ilc Saleh Mahd i arid hmad Mohairmned Mahd i Said, who were said to
have been sentenced to death in 1982 were detained by the Egyptian
authorities and handed over to the Iraqi authorities on 5 August 1988. It was
alleged that their death sentences might be carried outs
153. The Special Rapporteur requested information on the above—mentioned
cases, in particular on the chargea trial and procedures leading to their
conviction and sentencing.
E/a c.4/1989/25
page 3(1
154. On 28 July 19884 a letter was sent to the Government of Iraq transnittlrig
the alleqat ion that hundreds of persons were executed without trial or after
trials of a sui ary nature by the Revolutionary Court or ad hoc special courts
following procedures without the safeguards for a fair trial, notably witbout
the right of the defendant to appeal to a higher tribunal. Amon9 the vitttjts
were civilian meS ers of the Rurdish ethnic minority, including women,
children and elderly people and opponents of the Government.
155 The Special Rapperteur described by Way of example some alleged cases as
follows;
(a) Thirty—one gurds, including five persons under 18, were ececuted
after having been sentenced to death by a military court following sumary
proceedings, nine of them on 18 November and eight On 10 December 1987 in
Fa'ideh Garrison, and 14 on 28 December 1907 in Mostil Training Campi
{b) On 12 May 1987, in Sulayxnaniyaheight Kurds were publicly executed
without trial.
(c) On 19 August 1987w two tembers of the Eurdistan Democratic Party
(KDP) were publicly executed in Sersenk barracks and In September 1987 another
was executed in Kirkuk prison without trial;
(d} On 11 November 1987, over 100 Kurds from the village of Jiman,
Kirkuk Province, were summarily executed by security forces after
house—to—house searches;
(e) Between 14 and 18 November 1987, 32 Kurds fran Shaqiawa, Arbil
Province, including two minors aged 16, were sunrarily executed
(1) On 18 November 1987, ‘Abd aL—Aziz ‘Abdallah Othmnn 1 a member of the
Kurdiatan Popular Democratic Party (RPI)P) was executed in Abu Charaib prIson
4g) On 30 and 31 December 1987, more than 150 prisoners, including
minors aged from 14 to 17 , were executed in Abu Charaib prison
(h) Between November 1987 and January 1988 five members of the Kurdistan
Socialist Party—Iraq {FSP—i) were executed in Arbil irithout charge or triali
(U On 17 January 1988, Sayed Mahdi al—Flakim was killed in Khartoum by
an agent sent by the Iraqi authorities.
156. The Special Rapporteur requested information on the a1Le ed occurrence of
sutnary or arbitrary esteoutions and in particular on the legal proceedings
following which the alleged executions might have been carried out.
157. On 9 November i988, another letter was sent to the Govern nent of Iraq
transmitting the allegation that, on 8 October 1988, 48 penons belonging to
the Kurdish minority died in attacks by the Iraqi Air Force using chemical
wapons over villages in the Hawia and Chemi—Paxan area in the Province of
Kirkuk. On 11 October 1988, 11 persons alleqedly died in a similar attack in
the area of Sheikh Bi2eni.
E/CN.4/1989/25
page 31
158. The Special Rapporteur requested information on the cases 1 and in
particular on any investigations made and any i asures talcen by the
authorities and/or the judiciary to establish the facts and bring those
responsible to justice.
159. On 5 September 1988, a note was received from the Government of Iraq.
transtrttt jag an official statement issued on 2 September 1988 in Baghdad which
strongly denied the use of chemical weapons in the north of Iraq .
160. On 10 September 1989, information was made available by the Permanent
Mission of Iraq to the United Nations Of fice at Geneva concerning the alleged
use of che*ical weapons by Iraq . According to the information, a Turkish
Foreign Ministry spokesman had announced that, in the light of the tests and
exantinat ions conducted, there was no proof of the use of chemical weapons by
Ixag .
161. On 14 Septembe r 1989, a note was received from the Government of Iraq
transmitting two decisions promulgated by the Iraqi Revolutionary Command
Council on 6 and 8 September l989 concerning the granting of a general
amnesty to fugitive and convicted Ktirds and political prisoners.
162. On 28 December 1988, a reply was received from the Government of Iraq to
the Special Rapporteur's letter of 9 November 1988 see para. requesting
him to furnish the names of victims so that the Government could provide a
reply.
163. On 11 January 1909, the Special Rapporteur et the Representative of the
Government of Iraq.
164. On 12 January 1989 . a reply was received front the Government of Iraq,
stating that, with regard to the cases of three Iraqi nationals said to be
under sentence of death, and handed over to the Iraqi authorities by the
Egyptian authorities (see pan. 152), Sadilc llahdi and Ahmad Mohammed Mahdi
re currently in Iraq, residing under the san e conditions as any other Iraqi
citizen and no legal action had been taken against them. As for the third
person, Abdul &nit Azhab Al—Ruba'ay, it was stated that he had been outside
the country since 1981 of his own free will for medical reasons concerning his
wife and had not returned. With regard to the allegation consfiurticated to the
Government by the Special Rapporteur On 9 November 1988, the reply, referring
to the Covernment t s reply of 28 December 1988, stated that it w as riot possible
for the competent authorities to give answers about unknown people and
requested the Special Rapporteur to provide the Government with accurate
information so that the authorities could provide an answer.
Israel
165. On 28 July 1988, a letter was sent to the Government of Israel
transmitting the following allegations.
166, Since 9 December 1997, over 160 Palestinians in the West Bank, Gaza and
East Jerusalem, including wonten and children, had been killed by members of
the Israel Defence Force (ID ? ). Many of them were reportedly shot daring
confrontations between IDE' and Palestinian protesters. Some others, however,
2/Q1. 4/1989/25
page 32
had reportedly not been engaged in violent denonstrations when they were
killecL Others allegedly died as a result of severe blows received from
soldiers. A list of 166 victims was received by the Special Rapporteur. it
was alleged that live an unition was used excessively despite strict
guidelines on the rules of engagement 4 Since the guidelines or' the use of
live amaunition had been changed, i n March 1988, permitting soldiers to shoot
directly at Palestinians who attacked them with petrol Lx,mbs, the incidence of
fatalities had markedly increased. It was also alleged that few cases of such
deaths were adequately invest igated and that those found responsible received
only light punishment. It was further alleged that, since December 1981, at
least 17 Palestinians had been shot dead by Israeli settlers and two Israelis
had been killed. one army reservist by a Palestinian and a 15—year-old girl
accidentally by a settler during a confrontation between settlers arid
Palestinian villagers. In addition, it was alleged that tear—gas was misused
by members of IDF and had consequently caused or contributed to the death of
ntore than, 40 PalestInians. Victims were said to be those who were especially
vulnerable to tear-gas inhalation, such as babies and elderly as well as sick
persons. The Special Rapporteur described seven cases of victims a mong those
who had allegedly died after having been heavily exposed to tear—gas.
167 On 9 November 1988, another letter was sent to the Government of Israel
concerning the allegation that, from the beginning of the uprising in the
occupied territories in December 1987 to the beginning of September 1988k some
250 Palestinians had died as a result of the action taken by IDF. The
majority of the victims were said to have been shot dead during confrontations
between 11W and Palestinians. Others had allegedly died as a result of
suffocation from tear—gas and beating. In addition , during July and
August 1955 several re Palestinians allegedly died while in the custody of
the Israeli authorities. The Special Rapporteur described four such cases
which had allegedly occurred in July and August 1988.
168. In both letters, the Special Rapporteur . requested information on the
alleged occurrence of sunnary or arbitrary executions and 1 in particular, on
any investigations of these cases, including autopsies, and any measures taken
by the authorities to bring those responsible to justice and prevent further
occurrence of such deaths.
169. On 10 January 1989, a cable was sent to the Government concerning
Soha Bechara who was allegedly arrested on Lebanese territory and accused of
having made an attempt on the life of Antoine Lahad , •General of the
South Lebanese Army 4 Expressions of concern were received by the
Special Rapporteur that she might be handed over to the TM South Lebanese Army T M
which would allegedly mean that her life was in danger.
17(1. The Special Rapporteur appealed to the Government of I srael on a purely
humanitarian basis to ensure that the right to life of the above—mentioned
person was protected and requested information on the case.
171. At the time of preparation of the present report no reply had been
received from the Government of Israel.
E/cN. 4/1989/25
page 33
Jamaica
172. On 15 November l988 a cable was sent to the Government of Jamaica
concerning three cases of imminent execution of three prisoner! named
Rudolph Walker, Ezekiel Pryce and Lenford 9aT'iltOn. It was alleged that the
three could not file an application for leave to appeal to the Judicial
Committee of the Privy Council in London as legal coansel was not available to
prepare such appeals and represent them. It was also alleged that the Court
of Appeal of Jamaica had rejected appeals in the cases of Lenford Hamilton and
Rudolph Walker, without giving any written reasons for its decisions in the
ease of Ezekiel ryce, existence of a written judgement was allegedly not
confined by the relevant authorities 4
173. The Special Rapporteur appealed to the Government on purely humanitarian
grounds to stay their execution for the time being and to ensure that the
rights of the above—mentioned persons were protected throughout the legal
proceedings 1 and requested information on the legal proceedings concerning the
above—mentioned cases.
174. Subsequently 1 the Special Rapporteur learned that the three had been
granted a stay of execution.
175. At the time of preparation of the present report no reply had been
received from the Government of Jamaica.
Jordan
176. On 29 June 1988, a cable was sent to the Government o Jordan concerning
four cases of death sentence. According to information received, Fa'eq Saleh
‘Add A1—'Aziz Al—Salti, Tayel ‘AM Al—Ha h n Mahifiad Al-Salti, Faisal ‘AU
Mustafa Al—Salti and Muhaimiad Abmad Mustafa Al—Salti were sentenced to death
on 21 June 1988 by the Military cburt+
177. The Special Rapporteur referred to a note dated 25 April 198B front the
Government of Jordan concerning the cases of three persons sentenced to death
by the Military Court, mentioned in his last report ( /CN.4/l988/22 ,
paras. 46—47), and stated that it confirmed that there was no right of appeal
aqairist verdicts of the Military Court. Stating that it still remained a
matter of serious concern that the Military Court did not grant the right to
appeal to a higher tribunal, the Special Rapporteur requested that the matter
be looked into and that the right to life of the four persons be protected, in
accordance with the International Covenant on Civil, and Political Rights and
Economic and Social Council resolution 1984/50,
178. On 17 October 1982, a reply was received I r t the Government of Jordan,
stating that the trials of the four persons had been conducted in accordance
with the judicial procedures and the legislation in force. It also stated
that the courts were presided over by highly qualified professional judges and
that the proceedings before those courts did not differ from those in other
civil courts with reqard to the guarantee of the rights of the accused. It
further stated that death Sentences passed by the Military Court were executed
only after they had gone through a number of stages in which they were
carefully scrutinized as a safeguard for the convicted persons and that such
sentences required ratification by the Prime Minister and the King.
.4/1989/25
page 34
179. Subsequently, the Special Rapporteur learned that three of the four
persons had been executed on 19 July 1988 and the fourth, Muhnnad Abmad
Must-ala Al—SaUL had had his sentence comniuted.
Mauritania
180. On 23 Nove mbe r 1968, a cable was sent to the flovernftent of Mauritatd a
Oonceri ing a certain number of prisoners, including Ibrahim Sarr wha, detained
for political reasons at Oualata, were alleged to be gravely 111. due to
inadequate prison conditions 1 in particular unavailability of medical cate.
It was alleged that three other prisoners, Pens ?oussouf Goeye, Chief warrant
Officer Ba Alassane Oumar and Lieutenant Abdul GhoudOuss Ba . died of illness
in the recent past in similar conditions.
181. The Special Rapporteur appealed to the Government on purely humanitarian
grounds to take the necessary measures to protect the prisoners detained at
Dualata and requested information on the above—mentioned cases and in
particular on any investigation carried out or measure taken to guarantee the
welfare of those persons 4
182. On 28 July ]S88, a letter was sent to the Goierruuent of Mauritania
transmitting the allegation that on 6 December 1987 three officers of the
Mauritanian armed forces, Lieutenants Saidy Ba, Amadou Barr and Saidou 57,
were aLlegedly executed after having been sentenced to death on
3 December 19B7 by the Cour spéciale tie justice (special court of justice) on
charges of plotting to overthrow the Government. tt was alleged that there
was no right to appeal to a higher tribunal.
183. The Special Rapporteur recjuested information on the alleged cases of
summary or arbitrary executions and in particular on the legal proceed ings
following which the aLLeged executions might have been carried out.
lR4.. At the tiste of preparation of the present report no reply had been
received from t he Government of Mauritania.
Mexico
185. On 13 September 1988, a reply was received I rout the Government of Nexico
co rice rn i ng the alleged k i Lii ng of 10 peasants from T amat l n, Ver acr uz, On
27 hpril. 1937, which was mentioned i i i the Special Rapporteur's last report
{E/cH4/19S8/22 paras. 128-130). According to the reply, the
Secretary-General of the Veracruz State Government reported that the incidents
had originated in disputes between the members of two local families and no
politicaL conflict was involved. It was stated that nine persons died as a
result of the incident. Criminal proceedings were instituted in the Court of
First Instance of Mixed Jurisdiction, which issued a detention order against
five persons, and an arcest warrant against 34 fugitives 4 It was furthn
stated that on L3 ApriL 1988 the five prisoners were sentenced to 20 years '
iriç risonnient and a fine of 40,000 pesos in cash and that the convicted men had
sought Leave to appeal which was granted. The case was currentLy pending at
the fligher Court of Justice.
E/CN.4/l9 9/2B
page 35
186. On 28 July lflOr a letter was sent to the Government of Nicaragua
concerninq alleged killings of civiliaos by the seci.xrity fatC!eS in the
continuing arMed conflict between the goverrinient forces and the Contra
rebels. The Special Rapporteur described the following incidents:
(a) ir May 1987, eight farmers froi the tib6 district, near the ‘rutna
Ri ,er, Department of Zelaya, were allegedly killed by soldiers [ roe a unit in
the to -m of Mati9u s, Department of !4atagalpa. On 16 September 1987,
Pablo Antonio Manzanares LSpez, aged 12, from the same village was allegedly
icilled by soldiers from the same unit. Furthermore, on 1 October 1987,
T{eriberto L6pez and Funio M4nde2 S nchez, from the same village, were
allegedly killed by soldiers from the same unit. A boy named Abelino Escorcia
Carcia was killed when he stepped On a mine allegedly planted by the soLdiers;
(b} On 4 September 1987, in the district of La Canpana, Department of
Chontales, Maria Eufrasia teén Estrada was killed in her house by government
forces who were allegedly looking for anti—governaent forces in the victim's
house;
(c) On 1 and 2 November 1987, in El Carril and El i'lojón, Department of
Jinoteqa . Marvin Hernández, a farmer from Cl Carril, and Inocencio Cartzález
Rodriguez, a farmer froi'ii El MojtSn, were alLegedly arrested and killed by
soldiers of the Swift sucter Oscar Trucios Battalion;
(d) On 9 February 1988, in the locality known as CaI'Io de Agua, in the
Copalar district of Rio .lanco, Department of Matagalpa, Paula Ruiz Ruiz was
kilLed, allegedly by a member of the government forces;
tel On 16 February 1908, in a place known as •ta Cuesta del COyOlH,
Department of Matagualpa, Walter Antonio Silva, was allegedly killed by an
officer of the government forces;
(f) On 17 March 1988, in a place known as “La Mica”, in the El Sileflcio
district, Department of Chontales, Jorge Alejandro Rojas Urbina was found
dead. It was alleged that Rojas, a former contra rebel, was killed by four
agents of the State Security aeter he had refused to continue collaborating
with them in identifying other Contra rebels.
(q) On 16 March 1988, in La Frescura district 1 Department of
Rio San Juan, C10s4 F lix Lago Soto, was killed by members of the
Pedro Altamirano Battalion
{h) On 19 March 1988, in the Arimas district of the Acoyapa
jurisdiction, Department of Chontales , Fidel Anastasio Garcia Seville was
killed, allegedly by members of the Gaspar Garcia Laviana Battalion.
187. In addition to the foregoing, a considerable number of civilians,
including children, were allegedly kill.ed by the Contra rebels when they
attacked co—operative fartes , buses and private houses. The Special Rapporteur
received Infor mat ion concerning such incidents 1 incltsiing the names of the
victims .
s/CL 4/1S8 /2
page G
198. On 9 November 1999, another letter as sent to the Gcwernment of
Nicaragua trananitting alleged cases of killing by government forces which
were said to have occurred since the beginning of 1SBB:
(a) On 17 January l98B in the village of El Chile jurisdiction of
San Ramón, Department of Metagalpa, four neirtbers of the Cruz Mairena faintly
were allegedly shot dead by members of the Sand inista Rermanos Sanchez
co-operative.
Cb) On 27 January l988 in the Matigtths region 1 P4lix Manuel Rtza, was
allegedly detained by a group of government soldiers. A week later his
mutilated body was found near his houseF
(c) On 11 March 1988, Cruz Castillo, was allegedly detained by troops
from the La Patriota army base near Apantillo. His body was reportedly found
a week later with stab wounds and marks of torture
Cd ) On 21 March ]S&8, Plateo Lanns, Vicente Lanzas, Juan Iglesia ,
Norvin Pórez and Anastasio MartInez were allegedly arrested by soldiers from
the La Patriota base. Next day their bodies were found with stab wounds i
Ce) On 26 March l9B8, three kilonetres from the El Coral 7illage .
Department of Chontales, Cru2 Teodolinda Segueira Lirbirta, Abraham Sanchez, and
his father Pedro Sanchez , were allegedly killed by two soldiers p
(f) On 25 April 1988, the mother of Edy Moisés Barrera Morales, aged 23,
was allegedly informed oE his death in a confrontation with police after
having attacked a taxi at km 15 on the Leon—San Isidro highway. His body was
said to have been battered and decapitated
On 6 May 1988, iz Managua, ?rancisc2o jos4 Lopez Hernández was found
street with a bullet wound; security forces were suspected of the
No investigation was alleged to have been carried out so fan
Ci) On 23 May 1988, Roger Francisco Poveda Osorio allegedly died at the
military base in Su i nubila, Tasba Pci, Puerto Cabezas, Zona Especial I, Zelaya
Norte. Although his death was reportedly explained as suicide, his body
allegedly bore sarks of torture;
C i) On 24 August 1988, in Puerto La Esperanza, Valet lane Torres SOmez, a
iteinber of the rru.snicipal council of Valle de Wapi in the El Railta jurisdiction,
was allegedly shot dead by Sandinista supporters.
lfl. in addition to the foregoing, a considerable number of civilians,
including children, were killed by Contra rebels. Among cases of such alleged
killings received by the Special Rapporteur was an incident on 16 April 1988
in Cerro Colorado, Matigu s, Department of Matagalpa in which a group of
30 Contras belonging to the September 15 regional consiand attacked a house and
killed Rigoberto Lopez Rainos, aged 1, and Reina Isabel L Opez, aged 10.
(g)
dead in a
killing.
h) On 20 Nay
Bluefields , Zelaya,
government forces.
bullet wound in the
198$, it was announced that Carlos Rools Downs, from
had been killed at the Sluefields Command of the
It was alleged that his body showed signs of torture and a
pelvis
WCW. 4/1 $9/25
page 37
190. In both letters, the Special. Rapporteur requested infornation on the
above—mentioned cases, and in particular on any investigations made and any
measures taken by the authorities and/or judiciary to establish the facts arid
bring those responsible to justice.
191. On 7 Nove mber 1988 , a note was received from the Government of Nicaragua
transmitting information concerning the case of Fredy Zduardo GarcLa Tortes
which had been communicated to the Government by a Letter dated
6 November 1387. kccordinq to the information, the investigation carried out
on the case established that Garcia Torres, had been arrested on 17 May 1987
and that his health had deteriorated in prison without the cozipetent
authorities taking the requisite steps to provide him with the medical
assistance he required. Ps result there was criminal liability which tell
wltE in the jurisdiction of the military court. On 20 April 1988, the Court of
?irst rnst.ance of the Ftanagua regional circuit found two nethers of the armed
forces guilty of homicide 4 The defendants were sentenced to one year's
deprivation of liberty and the accessory pertalities of civil interdiction and
suspension of their civil rights,
Nepal
192. On 9 November 198fl, a letter was sent to the Government of Nepal
concerning the allegation that on 13 December l 87 on the left bank of the
River Kankai near Surunga village, .Yhafa d1strict Laxmi. Panday, a student,
aged 19, was shot dead by the police. It was alleged that, after a lawfal and
peaceful meeting on the bank of the River Kankai where about 500 people had
gathered, the police were confronted with a group of seven persons and one
police officer fired point—blank at Panday without warning. No official
investigation was reported to have been held into Panday's death.
193. The Special Rapportein requested information on the alleged case of death
and in particular on any investigation of the case 1 including an autopsy, and
any measures taken by the authorities to bring those responsible to justice
and prevent further occurrence of such deaths
194.. At the time of preparation of the present report no reply bad been
received f ro n the Government of Nepal.
N i geria
195.. On 28 July 1988, a letter was sent to the Government of Nigeria
transmitting the allegation that during the past several years a number of
persons had been executed after having been sentenced to death by Robbery and
Firearms Tribunals, under whose procedure the defendant had no right of appeal
to a higher tribunal. It was further alleged that at least 145 persons were
had been executed after having been convicted of armed robbery in 1987 and
that during the first three months of 1988, 27 persons were executed,
including 12 persons in January 1998 at Benin City prison in Bendel State.
A number of others i ere said to be still facing execution.
196. On 9 Novenber 19991 another letter was Sent transmitting the allegation
that, between January and August 1988, at least 29 persons had been executed
after having been sentenced to death by Robbery and Firearms Tribunals.
E/CN. 4/1969/25
page 38
197. It was further alleged that several others, sentenced to death by Robbery
and Firearms Tribunals, were facing execution. The Special Rapporteur
described some examples of such cases as foflows:
(a) In June 1988, 13 persons aged between 16 and 16 were sentenced to
death by the Robbery and Firearms Tribunal in Ikeja, Lagos State. It was
alleged that although Robbery and Firearms Tribunals were special courts
outside the ordinary court system, they followed ordinary criminal procedure
except where specifically empowered to do otherwise arid that there was no
specific provision allowing Robbery and Firearms Tribunals to sentence
juveniles to death. It was said that under ordinary criminal law, no juvenile
under the age of 17 might be sentenced to deathj
Cb} On 10 June 1986, Danda Ralocjun, a iabourer, was sentenced to death
by the Robbery and Firearms Tribunal in Oyo State;
Cc) In late June 1968, Frank Gregory Osang and Joseph Otuba were
sentenced to death by the Robbery and Firearms Tribunal in Ogoja, Cross River
State
Cd) In early July 1966, London Uwajeya, a student, Samuel Utuedor, a
driver, and Ambrose Ogbanefe. an electrician, were sentenced to death by the
Robbery and Firearms ¶Eribunals in Warn, Beridel State.
198 • The Special Rapporteur tequested information on the above—mentioned
cases. and in particular on the legal proceedings following which the alleged
executions might have been carried nut.
199. On 13 January 1999. the Special RappOrteur teat a representative of the
Government of Nigeria and received a reply to the effect that death sentences
were passed only in proven and established cases of cn uission of the heinous
crime of armed robbery. Armed Robbery and Firearms Tribunals had been set up
to try inter alia cases of armed robbery, and at their inception, had been
presided over by military officers. Sowever, the Tribunals were cuirently
presided over by High Court judges and their procedure was the sante as that of
the ordinary courts. All accused persons were entitled to defence counsel
and if the accused was found guilty and sentenced to death by the Tribunal,
the sentences were normally reviewed before their implementation and were
either confirmed or commuted to terms of iniprisoment. in the case of
Ganiyu Ibrahim in Ewara State, the death sentence was commuted to five years'
Imprisonment 4 Wigenia never e%ecuted juveniles. The representative of the
Government added to the reply by stating that all cases coniniunicated to the
Government by the Special Rapporteur were under review.
Pakistan
200, On 9 November 1998, a letter was sent to the Governuent of Pakistan
transmitting the allegation that on 27 December 1987, Ameer A u, from
Ghangro Mon village, Sind Province 1 was found dead outside a house near
Hyderabad, after having been arrested on 20 Decenber i ai with two other men,
Gulab and tliaz Macithi. and detained at hoari police station. Although the
police reportedly clain'ed that Ameer All died of natural causes 1 the two men
detained together with him allegedly witnessed Ar2eer Alt being beaten by
police officers at the police station. Subsequently, on 25 January 1968, the
E/CN. 4/1989/23
page 39
two en 1 the alleqed witnesses of the beating of I meer 1¼1i, were killed
together with Ilashar )lachhi and hc ,har ad A u, when poLice and arity personnel
r aLded Shanyro Mon village and shot at people On a boat - Tt was reported
that on 17 February I nS a judicial inquiry into the incident of 25 JanuarY
was ordered by the Sinci Covernnent.
201. The Special Rapporteur requested information on the alleged deaths 1 and
in particular on any investigations of those cases 1 including autopsies 1 and
any measures taken by the authorities to bring those responsible to lust ice
and prevent further occurrence of such deaths.
202. At the time of preparation of the present report 1 no reply had been
received from the Government of Pakistan
Peru
203. on 11 July 1988k a cable was sent to the Governtient of Peru concerning
the alleqed abduction of 12 persons, said t b witnesses of Killings in
Cayara on £4 Kay 1fl8 (see para. 210). The 12 were allegedly abducted by a
qroup of military patrolmen on 30 June and 3 July 198? in Cayara, Departrient
of Ayacmcho.
204. In flew of the circulistances of the above-mentioned incidents , and in
particular tt alleged killings in Cayata on 14 May 1988 the Special
Rapporteur expressed his concern for the life and security of the 12 persats
appealed to the Government to take every possible measure to ensure the safety
of the persons concerned and requested information on the cases 1 in particular
on any investigation carried wt by the appropriate authorities.
205. on 14 October 19 8K, a o r cable was sent concerning the alleged death
threats Sn September 198? in Ayacucho against Angela Mendoza de Ascarsa,
President of the ASOciación Nacional de Pamiliares de Secuestra s y
Deten idos—Desaparecidos en las Zones Dectaradas en Rstado de Faerqencia d cl
Peru (ANPASEP) tiona1 association of relatives of abducted pers s and
disappeared detainees in the zones under a state of e ergency in Peru and
Mar So Cavalcan t I Gambna, a member of the College of Lawyers.
206. On S Noveiter 1988, a cable was sent to the Government of Peru concerning
the death threats to the fflil$es of Lois Miguel. Pasache and Socrates Porta
Solano who were found dead in P uqust 1988 in the south of Lima. The two
persons were allegedly killed by a paramilitary group called TM Rodriqo Franco TM .
207. In both cables, the Special Rapporter requested information on the
measures taken b the Government to protect the Lives of those who had been
threatened +
208. On 4 January 1989, a cable was sent to the Government of Peru concerning
the alleged killing of the witnesses of the Cayara incidents and death threats
directed against Carlos Escobar Pineda. According to information received 1 on
14 I ece .r 1988, two community officials of Cayara, .Justiniano tinco Garcia
and Fernandina Paloedno Quispe, were Killed together with Antonio Mlix
Garcia flpe, the driver of a truck carryinq passengers 1 including the
above—mentioned two, by troops wear my black ski mSSkS + The three were
allegedly the nost recent victims anonq at least eight persons who were killed
or disappeared after detention because of their testimony to civilian legal
/C • , 5/25
pa9€ 4G
officials investigating the deaths in Cayara on 14 and L iiay 1 88, or because
of their relationship with the eyewitsesses. In that connection, expressions
of concern were received by the special Rapporte' r for the Life of
Caries 1 scobar Pineda who, as Special Commissioner, investigated the killings
in Cayara and submitted a report. tt was alleged that Escobar bad been the
object of harrassnent and death threats. Furthermore, fear was expressed to
the Special Rapporteur for the life of Benedicta Maria Valenzuela Ocayor the
wife of Justiniano Tinco Garcia.
209. The Special Itapporteur appealed to the Goternaient to take every possible
measure to ensure the riflt to life and seearity of the above—mentioned
persons and requested infortiation on the above—mentioned deaths, and in
particular on investigation of those cases.
210. On 28 July 1988, a letter was sent to the Government of Peru transmitting
the allegation that, On 14 May 1988, in the village of Cayara, District of
Ruancapi, Province of Victor Pajardo, Department of Ayacucho, at least
29 persons were allegedly killed by members of the military forces. According
to reports, the killings took place in the coutse of a counter-insurgency
operation ordered by the military connander of the regiont following an
incident on 12 May 1988, in which several military personnel. had been killed
in an ambush in the locality of Erusco believed to have been set by members of
the Sendero Luminoso (Shining path) guerrilla group. The tictims allegedly
included schoolchildren, the headmaster of the local school and ffienbers of the
local council. Sot e of the victims were allegedly tortured before being
killed. The approximately 300 troops participating in the operation were said
to be from the iailitary bases of Hualla Canaria , Colca, Pampa Cangallo,
Cangallo, Iluancapi and fluanca Sancos. Lists w ith names of alleged victims of
the killings were given to the Special Rapporteur.
211. It was further alleged that, during January and February 1988, in the
localities of Cha lhuanca (Pichirhun—Abancay), Pac uebamba and San Miguel
(Tintay—Ayataares), a number of persons were killed by members of the military
forces. During that period, the mutilated bodies of three women, one of whoii
was decapitated, were found in the area.
212. In addition to the foregoing, the Special Rapporteur described three
incidents alleged to have taken place in January 1988.
213. On 9 Nove m ber 1988, another letter gras sent to the Government of Peru
transmitting the allegation that, during the past year 1 incidents of killings
by both the government forces and armed rebel groups, such as Sendero tuminoso
and the Ilovimiento Rev'olucionario T'upac Aiaaru (MRT?L) (Tupac Aaaru
Revolutionary Movement), allegedly continued 1 especially in the areas under a
state of emergency and adninistered by politicaL—nilitary commands. The
majority of the victims were said to be local viLlagers in those areas, who
were allegedly suspected by the security forces of support for the guerrillas,
but a number of villagers were said to have been killed also by the rebel
groups for their refusal to co—operate with then.
214. Mx ording to the Peruvian Senate's official statistics, during the period
from June to the middle of October 1988, 614 politically—motivated killings
occur red.
215. The Speoial Rapporteur described by way of example nine cases.
E/cN. 4/1989/25
page 41
216,. In both letters, the Special Rapporteur requested infor.iatiOn on the
alleged cases of sintary or arbitrary executions and in particular on any
investigations of those cases, including autopsies 1 and any aeasures taken by
the authorities to bring those responsible to justice and prevent further
occurrence of such deaths,
217, On iS December 1988 a letter was sent to the Government of Peru
concerning the proceed ings of the Supreme Cot ncil of Military 7ustice in
regard to the reported killing of 13 peasants. Including two minors. on 22 and
23 October 1986, in Ponatambo and Pancco Alto, ?rovince of vilcashuamin .
Department of Ayacucho 1 by aeipbers of the Peruvian army. According to
reports, the Supre e Cou ncil of Military Justice dropped the charges against a
number of military personnel in the case and terminated the penal proceedings
on 22 7une 1988. It was also alleged that, in spite of appeals by the
families of the victiris, they were not represented in the proceedings.
Accordinq to the sa e reports, the Joint Conntand had stated earlier that the
investigation of the incident “established that acts occurred which constitute
infringements oi the applicable regulations pertaining to the operations of
the law enforcement authorities”.
218. The Special Rapporteur requested information on the legal proceedings of
the Supreme Council of Military Just ice concern big the above-mentioned case,
in particular on its decision to acquit the military personnel originally
charged with the killings
219. At the time of preparation of the present report no reply had been
received from the Government of reru.
Phil ipp [ ne s
220. On 28 July 1988, a letter was sent to the Government of the Philippines
transn itting the allegation that during the past year unarmed civilians were
killed either by members of Security forces, the Integrated Civilian Hoffe
Defence Forces {ICFEDF) or so—called Hvigilante groups, said to be acting with
Goverrsent support. Most Of the victiris were said to have been suspected
supporters of the New eo Aruty (UPA) or members of ccnaounity or church
ocganizations. It was alleged that official investigations rarely led to
prosecution due to such reasons as fear or intimidation of witnesses, lack of
co—operation from the military and lack of impartiality by military courts
which have jurisdiction Over cases involving soldiers and the police. In
addition, it was alleged that NrA was responsible for a number of killings of
soldiers, policemen and others, including the killing of Secretary of Local
Government 3ai-me Yerrer in July 1987. Furthermore 1 during the local elections
held in the beginning of 1985 a number of persons 1 including election
candidates, were killed.
221. The Special Rapporteur described by way of example 28 incidents of
killings during the period between February 1987 and January 1985, for which
the security forces and paramilitary qroups were allegedly responsible.
222. On 9 November 1998, another letter was sent to the Government of
the Philippines concerning the allegation that, during the previous several
months, killtngs ilffi a suiunary Ot arbitrary manner by members of the aaed
forces, paramilitary SuigilanteM groups and unidentified arr.ea men had
corttinued
page 42
223. The Special EapportetLt described by way ot example nine incidents of such
killir9s which alleqedly occurred du:ing the period between December 1987 and
Ju. ly 1968, incli,idinq the cases of three human rights lawyers killed in
June and July 1986.
224. In both letters the Special Ttapporteur requested information on the
above—mentioned allegations and in particular on any investigations of the
cases, including autopsies, and any measures taken by the authorities to bring
those responsible to justice and prevent further occurrence of siich deaths.
225. On 20 Dece mber 1988, a letter was received from the Coverrilient of the
Philippines transmitting the following documents prepared by the Philippine
Commission on Fluman Rightsz
(a) Primer on the Philippine comnission on Human Rights 1
(b) Statement: on human rights issued by the Philippine Commission on
Human Rights and Guidelines on Visitation and the Conduct of Investigation
Arrest, Detention and Related Operationsi
(c) Man&ial of Services and Programmes of the Philippine Commission on
Human Rights
(d) Consolidated monthly accomplishment reports for January-April 1988.
226. On 21 December 1988, a reply was received from the Government
transmitting case reports prepared by the Philippine Commission on Human
Rights on a number of alleged killings 1 as follows:
(a) According to a Commission on Human Rights (CHR} case report of
17 August 1982 concerning the alleged killing of Aridr s Rio and Manuel Dotollo
on 30 3anuary 1988 at Parangay Hi'nacugo. Hindang, Leyte. by a Philippine army
patrol, a team of CHIt investigators was sent to investigate the ki llings.
While the affidavit of the witness interviewed by the C}4R team was sufficient
to establish that the circumstances irtntediately prior to the killing of Rio
and Dotollo were not in the nature of an armed encounter 1 as stated in the
official army report, it was not sufficient to indict the members of the army
patrol who had ar rested and taken away the two persons. CER was endeavouring
to obtain sworn statements from persons who were reportedly eyewitnesses of
the killing, but were hiding in feat of their lives;
(b) According to a 0tH case report of 12 August 1988 , the alleged
killing of Pr. Carl Schnit2 on 7 April 1988 at the Parish Convent of Barangay
Polol, Koronadal, South Cotabato, the Investigating Officer of the
456th Philippine Constabulary {PC) stationed at Koronadal conducted an
on—the-spot investigation of the case and reported that witnesses saw an ICF(DF
member shoot Pr. Schmit2 to death.. Based on eyewitness testimonies, the
Commanding Officer of the South Cotabato PC Command filed a criminal case
against the ICEILDY member with the 11th Regional Trial Court, Branch 24., on
2 April 1928 for murder. Subsequently, a commitment order was issued on 11
April 1988 for his detention at the provincial gaol. It was established by
the investigation that the killing of Fr + Schmitz arose from a personal grudge
and was without any political mflivation;
E/CN.4/l989/25
page 43
{cJ According to a CUR case report of 25 Ju ly 1988k the alleged killing
of Alfonso A. Surigaor a hunan rights lawyer, on 24 June 1988 at his høn i t t
Tabucanal, Patio, Cebu City, the National ureau of Investigation (NBX) as
well as cas carried Out at. investigation which resulted in the arrest of a
perSO3l, who 1 after having been apprised of his constitutional rights, among
others, the right to reiiain silent and to he assisted by counsels willingly
and freely admitted under oath that he had killed Surigao under the
instructions given by a major of the PC Regional Security Unit in Cebu. The
PC aj or was subsequently piace 4 under technical arrest by the miLitary
authorities arid confined to barracks. A charge of murder was filed with the
Cebu City Fiscal's Office against the defendant and his two co ipanions and the
PC Judge Advocate—General was to initiate a preliminary investigation of the
charge of murder against the PC major. A petition was filed with the
President to waive the court martial jurisdiction over the major and to have
hiu tried simultaneously with the defendant in a civil court. b waiver had
been issued at the time of preparation of the CUR case report. The other two
companions of the defendant were still at large
( c i) According to a CUR case report of 11 August 1988, concerning the
alleged case of killing of Vicente MirabueflO a hu*an rights lawyer 1 on
6 February 1988 by two gurs*n at the public market in General Santos City, the
police authorities of General Santos city arrested one of the two alleged
gurwwn on 7 March 1988 and the suspect was charged in court on the same day
and detained at the city gaol. 9is companion was still at large. The CUR
investigation reached the conclusion that Mirab ieno's killing did riot result
from his activities as a human rights lawyer. The CUR regional office was
directed to monitor the case and to report any significant development to Bead
Of fice
(e) According to a CUR case report of I I August l988 concerning the
alleged case of killing of Bathos Cura, a lawyer, on 18 June 1988 in Pampanga
by two unidentified armed men 1 a CUR tea* WAS Sent to investigate the casel
but the victim's widow refused to say anything out of fear for her safety and
that of her family. The victir 1 s father and nephew who h d reportedly
witnessed the killing 1 had left their residence and their whereabouts were not
known. The physician to whom Cura was brought after being shot was also
killed. CRB was keeping the investigation Openi
Cf I According to a CUR case report of 9 August 1988, concerning the case
of Rodiger de los Santos 1 who was allegedly abducted On 21 FebrUary 1988 by
members of the Integrated Special Operations Group of the Pasay Police in
Maltbay 1 Pasay City 1 and was found on 29 March 1988 in Valley Golf Club in
Antipolo, Rizal 1 and died in hospital on 23 April l988 the CUR team
interviewed the only eyewitness to the abductions who refused to give a
written affidavit and also said that he would refuse to testify in court out
of fear for his life and that of his family;
(gi According to a CUR case report of 26 July i a8 concerning the
killing of Reynaldo I). Francisco and.the attempted killing of
Ililaric M. Bustattante l in March 19B8, MDI and CUR had conducted the
investigation in April 1988. The two men Were abducted by unidentified armed
u en on 19 March 1988 in Malate , Manila and found on 21 March 1988 in Caloocan
City. Eustamante told the investigators that he and Prancisco had been
tortured by their abductors in fatigue uniforms, who had introduced themselves
E/CN. 4/19 59/li
paqe 44
as members of the PC Capital Reqional Coinartd (CAPCC2I). and that they were
then brought to Caloocan City by a blue CA?CCM car and thrown out of the car.
CUR considered that the case needed further investigation 1 since ustamante
had not fully recovered nor h id he been able to identity any of his abductors.
Somalia
227. On 9 February l9BB a cable was sent to the Government of Somalia
concerning the death sentences imposed by the Matlonal Security Court on
7 February lflS. According to Information received, the defendants, includinq
eight persons sentenced to death, had been detained incommunicado since their
arrest in June 1 S2 and some of t hem had been tortured during detention. It
was also alleged that the National Security Court had been composed of one
government Minister and two military officers 1 that the prosecution had
depended mainly on the confessions of the defendants which were said not to
have been submitted as written statements to the court, and that the
allegation of torture had not been examined by the court. It was further
reported that the right of appeal to a higher tribunal was not possible under
the procedure.
228. The Special Rapporteur requested t he Governaent to provide information on
the above—mentioned cases, in particular the proceedings of the National
Security court 1 as a result of which the eiqht persons were sentenced to death.
229. On 23 November 1988, another cable was sent to the Government of Somalia
concerning the cases of five cadets who had allegedly been forcib ly returned
from Egypt to Somalia, According to information received, one of the five had
died as a result of torture. Expressions of concern were received by the
Special Rapporteur about the remaining four who were allegedly detained
incommunicado without charge or trial, and whose whereabouts were said to be
nnknown.
230. Th€ Special Rapporteur appealed to the Government of Somalia to ensure
that the right to life of the above-mentioned four persons was protected in
every possible manner and requested information on the alleged death in
detention of or* of the five cadets 1 in particular on any investigation
carried out by the appropriate authorities and on the current situation of the
remaining four.
231. On 13 January 1fl9, a cable was sent to the Governiient of Somalia
concerning alleged indiscriminate bombing raids possibly including the use of
chemical weajx ns, caxried out by the government forces on the three northern
towns of Ilargeisa, Berbera and Surao, reportedly causing some 20,000 deaths,
According to the infornat ton, the Internal armed conflict in the northern part
of the country bad intensified and a large number of civilians belonging to
the Issag clan had allegedly been killed by government forces in a summary or
arbitrary manner.
232. The Special Rapporteur, expressing his concern for the life and safety of
the civilian population in the affected areas, appealed to the Government to
take all necessary me sures to ensure that the right to life of every citizen
was protezted. In addition 1 he requested infornat ion on the above—mentioned
allegation, and In particular on any investigation of the incidents in
question as well as any measures taken to bring those responsible to justice
and prevent further occurrence of sich deaths,
k/CN ,4/1989/25
page 45
233. On 9 November 1988, a letter was sent to the Government of Somalia
transmitting the allegation that, during the past year in the internal armed
conflict in the northern part of the country 1 a large number of civilians had
allegedly been I d lled in md iscrijninate bombardments by the government forces
or executed without trial or after a trial of a summary nature. The
Special Rappor te ur described by way of example the following alleged Inc idea t at
(a) On 12 March 1988 In Gelileh 1 foLlowing attacks by the Somali
National Ilovement (SWM} in the area, 16 men, mostly farmers and nomads, were
sa* ar I ly tried and executed shor fly after being sentenced to death. On
22 March 19118, six others were tried and executed in a similar liannerj
(b) On 31 May and 1 Oune 19118, in Hargeisa after the SNM attack on
31 May, 21 persons were executed in three separate incidents. The total
number of persons executed was alleged to be very high.
234. Subsequently the Special Rapporteur learned that on 11 February 1988 the
President had co uted the death sentences imposed on the eight persons by the
National Security Court on 7 February 1938 {see para. 227). b of the eight
persons were transferred to house arrest and the other six were given prison
terns of 24 years.
235, At the time of preparation of the present report no reply had been
race ived frcxn the Government of Somalia.
South Africa
236, On 1 February 1988, a cable was sent to the Government of South Africa
concerning the alleged imminent execution of the so—called ssharpeville siC,
who were arrested in November 1984 in connection with the unrest and murder
which occurred on 4 September 1984 in Sharpeville and Sebokeng and sentenced
to death on 13 December 1985 by the Pretoria Supreme Court. It was alleged
that the defendants had been tortured during detent ion, that statements
extracted under torture had been admitted by the court as evidence aqainst
them, that many of the findinqs of the Court had been based on the evidence of
a single State witness and that most of the evidence given by the defendants
had been rejected by the Court.
237, The Special Rapporteur, requesting information on the cases, In
particular on the proceedings of the trials as a result of which the six
persons were sentenced to death, appealed to the Government on a purely
humanitarian basis to stay their execution.
238. On 16 March 1988, another cable was sent to the Government of
South Africa , again concerning the Sharpeville six, further information having
been received to the effect that the six were scheduled to be executed on
18 March 1989.
239. The Special Rapporteur reiterated his appeal to stay the execution of the
six.
24O Subsequently, the Special Rapporteur learned that on 23 Nove m ber 1999 the
State President had commuted the death sentences imposed on the Shnrpevtl1e
six to terms of iwrisorwent varying from 18 to 25 years. At the same time
be commuted the death sentences imposed on six other people, includinq four
white police officers.
L I eN, 41198 9/fl
page 46
241 , On 18 Auquat 1988, a cable was sent to the Government concerning
Nelson Mandela who, according to reports, was gravely ill. During the
hearings conducted jointly by the Special Rappor teur and the Ad Hoc Working
Group of Experts on southern Africa in August 1988, fears were expressed to
the Special Rapporteur that Nelson Mandela might not be receiving adequate
medical attention and that his life might be in jeopardy.
242. The Special Rapparteur expressing his concern, appealed to the
South African Government, on a purely humanitarian basis, to ensure that
Mandela's right to life was protected and that steps were taker to provide him
with every possible medical care and attention.
213. On 28 July 1988, a letter was sent to the Covern ient of South Africa
transmitting the allegation that during the past year a large nwter of
persons t ad been il1ed in violence i t t various parts of the country, arid in
particular as a result of continuing conflicts between the Inkatha moveient
and the supporters of the United Democratic Front (TJDF} in Natal.. According
to one source 1 approxisate ly 5130 persons had been killed between the beg inning
of 1987 and May 1988. In January 1988 alone, a total of 108 persons were said
to have been killed, a rid, accord ir aq to some reports, the police had tailed to
intervene to prevent killings during violent incidents. It was also alleged
that several persons, said to be anti—4p4rtheid activiEts, were killed by
unidentified rien. The Special Rapçorteur described, by way of example, the
following cases:
{a) On 26 January 1988 in Soweto, Godfrey sicelo Ulomo was found shot
dead six days after he bad been questioned at the police headquarters in
Johannesburg athut a televis ion interview in which he reportedly described how
be had been tortured by the police in detent ion
(b) On 29 January 1988 in HelmOed near Welcome, Orange Free State,
Linda Brakvis was killed by unidentified men three days after his release from
6 weeks t detention without charge.
244. [ n addttLon, severa! persons, said to be members of The African National
Cong tess of South Africa jANC) were allegedly killed outs ide the country y
unidentified men alleged to be under the control of the Government of
South Africa. The following cases were given as examples:
(aJ In January 1988 in Nantini , Swaziland, Sipho Ngema was shot dead by
a black gunman in a restaurant;
(b} On 23 March 1988, in Maseru, Mazizi Maqekeza was shot dead in a
hospital bed by a gunman who fired through the w indow
(c) On 29 March 1988 in Paris, Dulcie September was shot dead by
unidentified gunmen.
245. Furttierrre, on 28 March 1988 in the suburbs of Gaborone, four persons,
three of whorm were said to be nationals of Botswana and one a refuqee from
South Africa, were allegedly killed in a raid by members of the South African
Defence Forces,
E/cU.4/l989/25
page 47
246. On 9 November 1998, another letter was sent transmitting the allegation
that the death j nalty was extensively used against those convicted of
politically related murders of policemen, black township councillors and
suspected police inforaers. Official, statistics allegedly showed that the
death sentence was disproportionately imposed on the black population by an
alsst entirely White judiciary. As of February 1988k 267 persons were said
to be under the sentence of death and by 11. June 1988 at least 71 of them had
reportedly been executed. Furthernore, in the case of the conviction of the
Sharpeville six, the Appeal Court judgement, upholding the trial court's
decision, reportedly introduced an interpretation of the legal principle of
co1U )Ort purpose which potentially could spread the net of crimibal. liability to
all participants in a denonstration or riot. It was also alleged that several
persons were killed in violence in various parts o the country, in particular
in Natal, as a result of continuing conflicts between rival groups in black
townships. in a nunber of incidents 1 meters and supporters of LJDF, the
Congress of South African Trade Unions (COSNL'U) and the Natal Organization of
Women (WM were allegedly selected as targets for assault. It was further
alleged that several persons were killed by members of the police. The
Special Rapporteur described such cases as follows:
(al On 26 November 1987 in Mamafubedo township near Petrus Steyn in the
Orange Free State 1 Josias T laki , aged H, was shot dead at his home by
police. it was alleged that he was killed while police are ordering his
family to vacate the house3
(b) On 23 August 1967 in Bononi, East Rand, Caiphus Nyoki, a student and
T DF member, was shot dead by policemen who raided his housei
(c) In early 1 ugust 1968 in Soweto, Clement Gwiji a 14—year—old high
school student, was shot dead by the municipal police. According to the
police statement 1 the shooting was to disperse the pupils who were throwing
stones at a deliirery truck escorted by the police. Eyewitnesses, however,
contested the police statement;
(d} On 12 January 1988, Sithetabele Zokwe was shot dead by the Transkei
Security Police in Butterwortb shortly after having been detained.
Subsequently, two members of the Transkei Security Police were reportedly
arrested and charsed with murder i
(el On 2 March 1988, in George, Southern Cape, Andile Kobe, from
Sandkraal, died of head injuries caused by severe beatings by police.
247. In both letters, the Special Rappc'rteur requested information On the
above—mentioned allegations 1 and in particular on any investigations of the
cases, including autopsies, and any measures talcen by the authorities to bring
those responsible to justice and prevent further occurrence of such deaths.
246. On 30 Dece er 1968, a reply was received from the Government of
South Africa to the effect that±
(a ‘The conflict between inkatha and IJDF continued to be a cause of much
unrest and tragedy in Natal. Since the middle of 1987, this conflict, which
mainly concerned the question of superiority and effective control in an area
which is tradittoitally a 2ulu stronghold, had severely escalated. The area
E/Qt. 4/1999/25
page 48
baa always been one with a high crile rate. In the circuastances, the
South Aft ican police, already stretched by the prevailing ewe gency situation 1
did their best to defuse and stabilize the situation;
(b) Godfrey Steele Diomo was arrested on 12 June 1986 with six other
youths on the campus of the Commercial College in Soweto 1 following an
investigation into attempted murder and arson. All six were charged but were
acquitted on 6 January 1987. Dlomo again came under attention after the
broadcasting of a CBS documentary in which a certain “Godf rey made some
sensational accusations concerning the detention of children. TM sodfrey M was
identified as Godfrey D]cno and on 20 January 1998, he was questioned on his
involvement in the documentary. He said that he had been invited to tea by
the Detainees parents Support Committee (DPSC} where a man had asked him to
relate events surrounding his detention for videotaping. According to Diomo,
he was instructed to say that he had been assaulted. Godfrey Dlowo then told
police that he was afraid of certain members attached to the Annian People's
Organization (ALZAPO) and since his life might be in danger, requested that he
be taken to Khotso House where the offices of the South African Council of
Churches were located. He was not seen again. on 25 January 1988 , his body
was found in Soweto. It had three bu llet wounds. investigations were stiLt
continuingi
Cc) Gordon Linda Brakvis, aged 26, was detained between 12 June and
17 September 1987 on suspicion of inciting youths to arson and violence. He
was-also sought for armed robbery in which he had allegedly been involved
during ?lovernber 1986. He wa charged but found not guilty of robbery on
3 September and released on 17 September 1987. His body was found on
29 January 1988. It was alleged by witnesses that Bra&vis and a friend had
been attacked by three unknown aen, resulting in Brakvis' death.
Investigations were still, continuing. Since 1 9 S3 4r. Brakvis had been
Sentenced for various criminal Offences and had served an 18-tnonth term for
robbery between December 1985 and June L9&6 ,
{dI With regard to the Other cases, the South African Government
repeatedly denied involvement in the el i inat ton of people abroad, and said
that no evidence linking those incidents with the Government had been found.
Sri Lanka
249k On 28 July 1988, a letter was sent to the Government of Sri Lanka
transmitting the allegation that, although the Indo—Sti Lankan agreement had
been concluded om Z9 July 1987 to establish peace and a return to nor*iaLcy in
Sri Lanka, killing of unarmed civilians coneinued in the context of internal
armed conflicts. The Special Rapporteur described, by way of exanple, cases
of such killings attributed to the Indian Peace—Keeping Forces {IPKF) and the
Sri Larikan police as follows
(a} On 21 October 1987 at the Jaffna teaching Hospital, some 100 persons
were allegedly killed by IPKF soldiers It was alleged that the victims
included three doctors, a number of medical interns, 14) nurses and patients,
(b) On 22 October 1987 at RraLithurai Jetti, 35 persons were allegedly
killed when an IPRY helicopter attacked a group of people with rocket ioortars
E/cN. 4 /1969/25
page 49
tc) On 24 October 1987 in Sanguppitti 1 t 'n women were allegedly killed
by IPKF soldiers after having been rapedt
(d l On 27 October 1987 at Chavakacheberi market, 68 persons were
allegedly killed when an IPKF helicopter attacked a large crowd of shoppers i
(el on 30 c tober 1967 at the ifindu Women 's College, three children were
allegedly killed in an IPKF artillery attack on a refuqee cap;
Cf) On 16 November 1987 in Valvettitural, seven persons 1 all young
males, were detained by IPKF sol.diers and taken to the IPKF camp at
Valvettiturai. On 1? November 1907, one of the seven 1 nased Paraiuanathan son
of Paramasamy , died allegedly as a result of torture 1 On 18 Nove er 1987
another, named Baburaj, son of Munusamy, was allegedly shot dead in the grave
which he bad been forced to dig at Vallai—VelLi along the road from
Valvettiturai to Jaefna
Cg On 12 Deceffiber 198? at Alaveddy North, 3affna three brothers named
?athnanathan Kit itharari, aged 31, Pathmanathan Mura1itharan aged 21, and
Pathnanatlian Balenthiran were detained by IPKF soldiers and tortured.
Pathinariathan Kiritharan was allegedly killed by one of the soldiers with a
bayonet i
(h I On 29 December 1987, Kanagalingam Nathan was detained by EPKF at the
IPXF caw in Inuvil . His dead body, which was handed over to his tasily on
16 January 1988, allegedly bore marks of torture. The death certificate
issued by ifli stated that Ranagalingam Nathan, said to be a Liberation Tigers
of Tail Eelam (lATE) militant . dLed on 16 January 1988 probably due to
sudden cardio—respi ratory arrest;
(11 On 27 December 198? in Batticaloa, at least 25 persons were killed
in a crowded market, allegedly in indiscriminate shooting by local policemen
and IPIP soldiers, after an attack by Tail rthe ls on three policemen in which
one policeman was killed
250. In addition, a considerable number of civilians were allegedly killed by
a Tail arsed oppo itiort groups The following are some of such cases
Ca) On 1 March 1900 in !4orawewa, in Trincoinalee district 1 17 persons, 16
of whom were said to be Sinhalese, were allegedly shot dead in an attack by
Tail rebe1s
{b) On 5 March 1988 at Sittaru, in Princoraalee disttict, 26 civilians on
a truck were killed when the truck hit a land—nine allegedly set by Tamil
rebels
(c} On 17 March 1988, near the town of Digawapi in Anparai district,
15 Sinhatess villagers were killed by Tail rebels.
251. Furthermore, since July 1987 more than 250 government officials and
supporters of the United National Party, the ruling political party 1 including
its chairnan, bad allegedly been killed by a group na ed Janatha Vimukthi
Peramtrna (JVP I, which was said to be opposed to the Indo—Sri Lankaai agreement
of July 1987.
E/CN. 4/1989/25
page SC
252. On 9 November 1988, another letter was sent to the Government of
Sri Lanka transmitting the allegation that a number of persons wOCS lUlled by
the Special. Task Force (STF} of the Sri Lankan army before the tndo—Sri Lankan
agreeiaent in July 1987 arid by IPX? after the agreement. The victims of Such
killings were said to be Tanil villagers. The Special Rapporteur described
by way o{ exampl.e, seven alleged incidents of such kiLlings. In addition, the
5pecial I apporteur transmitted allegations that, during the past several
months, indiscriminate killings had been carried Out by the TamiL rebels. One
incident of such killings was reported to hav e occurred on 9 October 1988 in
the village of U1ukulaina where 47 Sinhalese villagers, including 13 women and
18 children 1 were allegedly killed by Tnmil rebels.
253. In both letters, the Special Rapporteur requested information on the
aLLegations, and in particuLar art any investigations of those cases, inc luding
autopsies, and any Measures taken by the authorities to bring those
responsible to justice and prevent further occurrence of such deaths.
254. On L3 January L989, the Special Rappocteur met the Pertnnent
Representatl.v'e of Sri Lanka to the !Jni ted Nations Office at Geneva and
ezplained that the situation of continuing violence in the area where
incidents of summary or arbitrary executions had been alleged had hampered
investigations of the incidents. The vioLence, particularly on the part of
LTTE nade systewatic judicial investigations of specif to allegations
impracticable currently. However, investigations into the t.ahugala
(Udurankulam) incident in Aaparai district on 19 Februa ry 1986 had been
compLeted by the Inspector—General of PoLice who had submitted his report on
the alleged incident to the High Court which had issued su'eeonses and the
judicial inquiry was due to coneence on 18 January 1989. The Permanent
Representative listed a number of positive developments which gave hope that
some of the conditions which had Led to the emergence of those reports would
change for the better. The developments were stated to be s follows;
(a) Lirting or the emergency with effect from midnight on
12 January 1989. rn deciding to Lift the emergency, the President had taken
into account the improving security situation, which in his opinion is due to
the confidence the riasses of this country have placed in themselves. As a
resuLt, 600 persons had immediately been released and others were expected to
be reLeased in the near future
(bi The Government had declared that it would be ready to discuss the
repeal of the Prevention of Terrorism Act as security conditions continued to
improve. A final decision, however would have to await the election of the
new Parliament after the general elections
(c) Holding of Provincial Council elections irt all, parts of the island
was completed on 19 November 1988 and had led to a substantial measure of
administrative devolution. In the temporarily imerged Northern and Eastern
Provinces, members of former militant groups have become members of the
provincial administration, eschewing violence :
(d) General elections were scheduled for 15 February 1989 and would
provide further opportunities for political participation by afl militant
groups which had resorted to violence in the past. The Pamil United
Liberation Front, a TamiL deixrratic parliamentary party, had formed a
coalition with the militant groups to contest the general elections:
E/O1 .4/1989/25
page 51
Ce) The proscription on CJVP which had been opposing the IPKF presence in
Sri Lanka had been lifted affording it sr i opportunity to participate
deipocratically in the country's political life,
255. The Permanent Representative hoped that, as and when the security
situation improved more intonation on the incidents would be forthcoming and
in particular that it would be possible to conduct proper investigations
256. On 28 July 1908. a letter was sent to the Government of Sudan 1
trarminitting the allegation that, during the past year, in the internal arned
conflict in the southern part of Sudan, a large number of civilians, mainly
members of the Dinka ethnic group, had been killed by government forces or
militias recruited by those forces. The following three incidents were given
as e camples of alleged killings:
(a) On 27/20 March 1987 in Diem, Darfur Province, a re than
1,000 civilians were allegedly killed by the Rizeigat militias;
Ib) On 13. and 12 August 1987 in luau, at least 600. possibly
2,000 civilians, ware allegedly killed by the security forces)
Cc) tt the beginning of September 1907 in the town of Su c Jou, hundreds
of civilians were allegedly killed by the security fotces and militia members
257. The Special Rapporteur requested information on the alleged occurrence of
summary or arbitrary executions, arid in particular on any investigations of
those cases and the measures taken by the authorities to bring those
responsible to justice and prevent further occurrence of such deaths.
258. At the time of preparation at the present report no reply bad been
received fcom the Government of Sudan .
Sur iname
259. On 15 December 1980, a cable was sent to the Government of Suriname
concerning the at rest and detention of Stanley Rensch, whom the
Special t%apporteu r had met during his visit to Suriname in August 1987
According to in format ion received, Stanley Pen sch was arrested on
10 December 1988 by the Military Police on his rettirn to Suriname from abroad.
260. The Special Rapporteur, expressing his concern about the arrest and
requesting information in particular on the charges brought against Stanley
Rensch, appealed to the Cove cnaent to ensure that all legal guarantees and
human rights, including the right to life, were respected in his case.
261. Subsequently the Special Rapçcrteur learned that Stanley Ranac h had been
released On 21 December 1988 ,
262. At the time of preparation of the present report no reply had been
received from the Government of Surinams ,
B/ cL 4/1989/25
page 52
Arab RepublIc !
263. On 28 July 1988, a letter was sent to the Government of the Syrian Arab
Republicr transmitting allegat ions of deaths in detention. The Special
Rapporteur described, by way of example 1 three such canes as follows
(a) On 14 November 1987 in Saidnaya prison near Diaashg (Damascus) .
Ihean ‘Itto was said to have died as a result of torture and denial of medical
tre att ent j
(b) In late December 1987 or earLy January 1988 at Fara' Falastin in
D amascus 1 Muhaiwaad al—'krcaj died in circu mstances similar to those described
above;
(a) Setween 20 aM 22 ApriL 1988 at Para al-Tahqiq al—'Askari in Dimashq
(Dar ascus}, SIthd aL—Ranag Aba id also died as a result of torture during
interrogation,
264. The Special Rapporteur requested inforimatior. on the abcwe—inentioned
allegation, aM lit particular on any investigations of those cases, incLuding
autopsies, and any meuures taken by the authorities to bring those
responsibLe to justice and prevent further ctcurrence of such deaths.
265. On 9 November 1988, another letter was sent to the Government of the
Syrian arab Republic concerning the allegation that, during the past several
years, in Tadmur (Palinyra) prison. A riwnber of prisoners had been executed
imEtediatety after a sunnary trial 1 in which the accused were not given the
right to legal def!erice nor the right to appeal. Twenty—nine names oE
prisoners alleedly eaecuted in radntur prison were given.
266- The Special Rapporteur requested information on those cases.
261. On 7 Septenber 1988, a repLy was received from the Governme nt of the
Syrian Arab Republic concerning an alleged incident of killing of civilians in
Tripoli, Lebanon . on 20 Dece mber l986 by Syrian troops and an alleged death
in custody on 1. May L985 1 which were described in the Special Rapporteur's
last report (E/cN.4/1988/22 1 para. t6!i). With regard to the incident in
Tripoli, the reply stated that the Syrian presence had been established at the
request of the legitimate Lebanese authorities, with a view to halting the
internecine fighting, helping the Legitimate authorities to re—establish
security and stability throughout the country arid endeavouring to achieve
national reconciLiation among the Lebanese in order to protect Lebanon's
unity. independence and sovereignty. With regard to the alleged death in
custody, it was stated that the claim that a person had died in May L986 as a
result of torture was totally unfounded.
268. On 21. December L988. a reply was received from the Government to the
Special Rapporteur's letters of a8 July arid Thioveinber 1999, referring to its
note of 16 December 1988 tO the Centre for Huuian Rights and attachments
thereto. The note stated that the documne nts transnitted to the Saver nmnent
from the Centre for Human Rights contained various allegations concerning the
human rights situation in the Syrian Arab Republic and the methods employed by
its security agencies, as well as a List of detainees. The note was
accompanied by eight annexes Listing the acts of terrorism 1 sabotage and
EJCNI 4/1989/25
paqe 53
assassination perpetrated by the persons named in the above—mentioned
documents and it was stated that those annexes also showed the errors and
fallacious alleqat ions contained in those docusents as well s the terrorist
and criminal nature of the detainees. It was further stated that the
information contained in the documents was totally unfounded and was
propagated by terrorist or extremist groups and social outcasts.
T hailand
269. On 9 November 1989, a letter was sent to the Government of Thailand
transmitting the allegat ion that 1 during the period from July to October 1967,
five Kampuohean refugees had allegedly been killed in a suraty or arbitrary
manner by rtterbns of Thai military or paramilitary forces operating along the
Thai—Kampuchean border 4 The Special Rapporteur described four alleged
incidents as follows ;
(a) In July 1987, two Eampuchean nationals, a pregnant man and her
handicapped husband, were taken into custody and killed by a soldier of the
Thai Army's Task Force 80, as a punishment for collecting firewood outside
Site 2 refugee encampment in Prachin Pun Province:
Ib ) On 6 August 1q07, a Kampuohean was shot dead after having been
arrested 2 km from the Site B border camp in Surin Province, near Ran tUtot
village;
(c} On 9 August 1987, a Rantpuchean was arrested by ailitia forces S t n t
from Site B and near Ran Cham village and was shot dead after severe beatings;
Cd) On 18 October l987 a Kampuchean was killed by ¶Fbai paraitilitary
Village Defence Volunteers 1 Ic. north of Site B.
270. The Special Rapporteur requested information on the above—ment toned
allegations, arid in particular on any investigations of those cases and any
measures taken by the authorities to bring those responsible to justice and
prevent further occurrence of such deaths.
271. At the time of preparation of the present report no reply had been
received frcn the Government of Thailand.
Uganda
272. On 15 DeceSier 1988, a letter was sent to the Government of Uganda
concerning the allegation that, in late October and Nove mber 1908, in
Gulu flistrict in northern Uganda where groups opposing the Government have
been active, a number of villagers were deliberately burned to death in their
huts by government forces during anti—rebel operations. The Special
Rapporteur mentioned five families allegedly killed by government forces.
273. The special Rappor teur requested in formation on the alleged killings and
in particular on any Investigations of tttse cases and any measures taken by
the authorities to bring those responsible to justice and prevent further
occurrence of such deaths.
} /CN.4Jlfl9/2S
page 54
214. Subsequently, inforr.ation was received in connection with the
above—tientioned allegation to the effect that the Major—General, commanding
the National Resistance Army NBJ¼) had reportedly announced the establishment
of an inquiry into reports of NRA killings of civilians in the course of
counter—insurgency operations in nor them Uganda.
275.. The Special Rapporteur acknowledges that since his letter was sent to the
Govetnn'ent on 15 December 1968, it might not have had enough time to reply
before preparation of the present report.
United Ki g cm of Great aritain and Northern Ireland
276. On 28 July 1988. a letter was sent to the Government of the
United Kingdom of Great Britain and Northern Ireland concerning the allegation
that 1 on 6 March 1996 in Gibraltar, three persons said to he members of the
Irish Republican Army (IRA) , Rairead Farrell . Daniel McCann and Sean Savage,
were shot dead by members of the Special Air Service (SAS). It was reported
that, according to eye—witnesses, the three persons were shot while having
offered rio resistance when confronted by meters of SAS, and that they were
repeatedly shot when lying wounded..
2 7. The Special Rapporteur requested information on the above—mentioned
allegation, and in particular on any investigations of those cases, including
autopsies, and any measures taken by the authorities to tiring those
responsible to justice and prevent further occurrence of such deaths.
278. On 9 November 1988, a reply was received frort the Government of the
United Kingdom . stating that the iriqnest in Gibraltar into the deaths of the
three IRA members had been opened on 6 September and concluded on
30 September 1985. Under the direction of the Gibraltar Coroner,
Felix Pi2 zarello, the il-man jury had considered evidence from sonie
68 witnesses and had decided, by a 9 to 2 aajority in each case, that the
three had been killed lawfully. The two appropriate prosecl.]tional
authorities, the Gibraltar Attorney—General and the Director of Army Legal
Services, had received statements taking during the police investigations and,
following reports of the inquest fret, their representatives who had been
present throughout, they had each separately and independently concluded that
there were no grounds for prosecution. It was also stated that the Gibraltar
judiciary was totally independent of, end separate from, the administration.
Unit _ States of America
279. On 30 March 1988. a cable was sent to the Government of the United States
of America concerning a case Of hininent execution. According to information
received a person named John Selvage, who was convicted of murder and
sentenced to death in February 1960 . was scheduled to be execfled in Texas on
30 March 1988. rt wag alleged that the jury at this trial had not been
intormed of the fact that Selvage had a history of mental illness dating back
to 1970 and that he was later evaluated as being “psychotic .
280. The Special Rapporteur, requesting information on the above—mentioned
case, in particular on his mental state as examined by a psychiatrist,
appealed to the Government, on purely humanitarian grounds, for a stay of
execution until the allegations mentioned above had been clarified.
E/ctJ4/1989/25
page 55
261. On 16 Ray 1988, a teply was received from the Government of the
United States of America , stating that John Belvage's execution, scheduled for
30 Match 1988, had been postponed by the United States Supreme Court pending
consideration of a writ of certiorari . According to the reply, John Selvaqe,
who was convicted in 1979 for capital. nurder and aqqravated robbery, was
sentenced to death in 1980 and his sentence was confirmed in 1984 by the
Texas Court of Appeal. lit 198S, the District Court of the Southern District
of Texas, after initially ordering a stay of execution 1 had denied
Mr. Selvage's first petition for habeas corpus to overturn his sentence and
the United States Fifth Circuit Court had confirmed that decision in 1981. On
3 March 1988, the District Court had tenporariLy granted a second writ for a
stay of eitecution, but the Fifth Cin uit Court had reversed that decision on
28 March 1988 on the ground that the case on which the District Court had -
relied in gtanting the stay had been dismissed. AS stated abov er Ofl
29 Match 1988, the (Thited states Siiptene Court had granted a stay of execution
pending its decision on whether to accept Mr. Se],vage's case on appeal.
262. According to the reply 1 at the time of his arrest, Selvage was not being
treated for any psychological disorder arid his attorneys, after conducting
investigations into Selvage's psychological condition, had not put forward
any defence based on his psychological state or challenged his competence to
stand trial. Nevertheless, in February 1988, after Selvaqe had for the first
ti*e sought a stay of execution based in part on the i Ssue of his enta1
con1petence the 230th District Court of Harris County, texas , had ordered a
psychiatrist and a clinical psychologist to conduct thorough psychological
examinations of Selvage and their reports had both concluded that, despite
some evidence of psychosis, Selvage was competent to be executed under
the standards established by the United States Supreme lourt in
Pord v, Wainwright , 477 175 399 91 L,:ED.2D 335 106 S.Ct 2593 (19861.
283. Together with the reply, the Special Rapporteur received copies of the
decision by the United States Court of Appeals for the Fifth Circuit on
2$ March 1988, the decision by the (mi-ted States Supreme Court in
Ford v. Wairwright and the reports by Dr. John 1), Nottinghaa, Jr., a
psychiatrist and Dr. Jeroaie B. Brown, a clinical psychologist.
Wet Nan
284, On 18 October 1988, a cable wa sent to the Government of viet tiam
concerning the alleged imnuinent execution of two Buddhist mwrnks and a layman.
According to information received, Pttam Van Phuonq, also known as thich Tue By
and 1,e Mal i That, also known as Thich T n Sleu, were reportedly sentenced to
death on $ October 198$ and Tran Van Luong on 22 September iMS by the
People's Tribunal in Ho CM M i -nh City 4 It was alleged that the three,
art ested in April 1981 and detained at Than Dang Luu prison, had suffered
ill—treatment and torture and that tbe trial, as a resuLt of which the three
were sentenced to death had not guaranteed the safeguards designed to protect
the rights of the defendant, including the right to have legal assistance 4
285. The Special Rapporteur expressing his coricetn at the allegation of the
absence cf safeguards intended to ensure the basic rights of the defendant,
requested infonation on the above—mentioned cases 1 in particular On the legal
provisions and procedures under which the three aight have been charged and
tried
3/CU. 4/1989/25
page 56
286. On 5 January 1989 , a reply was received from the Government of Viet Ham
stating that Pham Van Thuong 1 one of the leaders of an anti—State organization
called the “Free Viet Ham Force” and having close ties with another anti—State
organization 1 had participated In subversive activities with a view to
overthrowing the Government and that I a Manh That had also participated in the
snbveraive activities of the Sane anti—State orqanitations. Mcording to the
reply the two accused were sentenced to death on 30 September 1988 by the
Court of First Instance in lie C l ii Minh City for their attempt to overthrow the
Governnent, in accordance with article 73 of the Vietnanese ?ena]. Code.
Subsequently, by a decision or the Court or Appeals in Ho Chi li mb city on
15 November 1988, the death sentences were coiunuted to 20 years'
imprisonment. With regard to Tran Van I,uong, it was further stated that 1
being one of the leaders of anti-State organizations called the Truong Son
Divisions and the ‘Popular Front for the Restoration of the Uomeland and
being a1.se *President* and ?rin e Minister' of the uVo3•unteer Forces Cor the
Restoration of the Homeland in the Interior of the Country” and the “National
League of Resistance for the Restoration of the Homeland of Viet Nam”r he had
participated in subversive activities in order to overthrow the Government.
After his arrest on Decenber 190$ and his trial on 23 Septeither 1 8S by the
Court of First Instance, he had been sentenced to death in accordance with
article 73 of the Penal Code. Uis case would be reviewed by the Court of
Z&ppeals in Ito Chi Minh City in due course.
Yenien
207. On 9 November l960 a letter was sent to the Government of Yemen
transmitting an allegation that 1 durinq the past several years some
250 persons had allegedly been assassinated.
280. The Special Pappctiteur described two examples of such alleged
assassinations as follows:
ra) On 28 December 1987, Abdo Saleh Ohanen, M.i Ben Alis Shurbani and
Ahned Ben Alufled Chouthabi, said to have been involyed with the National
Opposition Front 1 were assassinated by agents of the security services;
(b) Zn January 1980I Sheikh Mined Nasser ?sl-Thahab of the Qaifa region
was assassinated.
204. ?he Special Rapporteur reqi.iested information on the above _tentiOfled
allegations and irs particular on any investigations Øf those cases and any
iseasures taken by the authorities to bring those responsible to justice and
prevent f urther occurrence of such deaths.
290. At the time of preparation of the present report no reply had been
received from the Geverncitent of Yemen.
E/ . 4/1969/25
page 57
Zaire
291. On 28 July 1988, a letter was sent to the Government of Zaire
trannnittinq the allegation_that on 13 Novaber 1987, in Beni, three persons,
arrested on their return fran a visit to Uganda, were allegedly executed at
Ribwe on the road fr an Kasemire to Kagumba. The three were said to be
KitaLuriko f con Karorcila village, Muhindo fran Nuseya village and Viahoereho
from Kilindera village.
292. The Special Rapporteur requested information on the alleged currence of
sunnary or arbitrary executions and in particular on any investigations of
those cases, including autopsies and any measures taken by the authorities to
bring those responsible to justice arid prevent further occurrence of such
deaths.
293. At the time of preparation of the present report no reply had been
received frcxn the Goverrment of Zaire.
E/O1 .4/1989/25
page 53
I II. ANALYSIS OF TilE FEIENOMU1Ot
A. Remedial andjor preventive measures for the protection
of the right to Life: internat ional standards
294. In his last report (8/01.4/1988/22 ) the Special Rapporteur described the
background and devel.opment of the idea of establishing international standards
designed to prevent the occurrence of suwiary or arbitrary executions and to
ensure proper investigations of aLl deaths in suspicious circumstances. lie
also described the efforts and co-operation of vari.ous organizations and
groups. He now considers that it has been clearly understood and widely
accepted that there is an urgent need to develop such standards.
295. At its tenth session hefl in Vienna from 22 to 31 A* gust 1988, the
Committee on Cr is is Prevention and Control, based on Economic and Social
Council resoist ion 1986/1.0 , section V I, decided to recommend to the Economic
and Social Council the adoption of draft resolution x, entitled •Effective
prevention and investigation of extra—legal arbitrary and surinary
executionf. The text of the draft resolution is found in the report of the
Conigittee on Crime Prevention and Control (B/L935/17; E/AC.57/1988/l l).
296. During the process of preparation for the Committee's tenth session 1 the
Spec Sal. Rapporteur was consulted and close co—oper at ion was maintained between
the Centre for Ruinart Rights and the Crime Prevention and Criminal Justice
Branch of the Centre for Social Development and Humanitarian Affairs.
297. The annex to the draft resolution, which sets out 20 draft principles on
the effective prevention and irwesttgatton of extra—Legal, arbitrary and
swwiiary executions, consists of three parts on prevention, investigation and
legal proceedinqs In the part on prevention, the prohibition of all
extra—Legal, arbitrary and suiumary executions is elaborated in eight
principles, prescribing legal, administrative and organizational measures to
be taken by flovernraents. In the part on investigation, nine principles deal
with various elements of a thorough, prompt and impartial investigation,
including an adequate autopsy, as well as related elements 1 such as the
protection of coaipLainants 1 witnesses, investigators and their families and
the publication of the findinqa. The remaining three principles, in the part
on legal proceedings are devoted to the bringing to justice of those
identified as having been involved in extra—legal 1 arbittary and surriary
executions 1 the fact that a superior's order may not be invoked to justify
participation in extra—legal, arbitrary or su m ary executions, the prohibition
of blanket immunity from prosecution for any person allegedly involved in
extra—legal, arbitrary or sumary executions, and fair and adequate
compensation to the families and dependants of victims,
2 8. The Special Rapporteur was gratified by the outcome of the concerted
efforts made by various organs of the United Nations and other international
organizations lie is also pleased to see 1 in the annex to the above—nientioned
draft resolution, all the elements to which he referred in his last report
(E/CN.4/1986/22, para. 194) as a minimum in international standards concerning
summary or arbitrary executions. The principles embodying these elements and
elaborated in the annex to the draft resolution are explained in Sufficient
detail and clarity The Special Rapporteur hopes that the draft resolution
will be unanimc usly adopted in the forthcoming session of the Economic and
Social Council.
E/ N. 4/1989/25
page 59
B 4 Co-ordination and co—operation of mechanisms
299. In the precedinq paraqraphs the Special Rapporteur referred to the
co—ordina ted efforts and effective co—operation with regard to the
establishment of standards for the prevention of summary cc arbitrary
executions a%d for proper investigations into deaths in auspicious
circumstances - Statler co-ordination arid cc-operation are yet to be explored
in the follociiinq three areas.
1. ! ! rt pcial Rapporteuts
300. Th. Special Rapporteur has examined the reports .ubai.tted: to the
Commission on Human Rights in past yean by the Special RaPpoEteur on the
question of torture and the Working Group on Enforced or Involuntary
Disappearances and has noted that certain parts of the mandates of the
thematic Special Rapporteurs and the Working Group overlap. In fact, a
Considerable ninber of cases ‘sets concurrently brought to the attention of the
Special Rapporteurs and the Working Group . since they contained elements which
were relevant to all three mandates. M i exarç le of such cases would be one in
which a per son is abducted, tortured in detention and then fo'r.d ad, the
three phencaena namely 1 enforced or involuntauy disappearance, torture arid
i.nmary or arbitrary execution, being present in one case.
301. The Special. Rap >rteur Would siriply like to state at the present stage
that he is wil1in to explore the I ossibility of en-operation among the three
thematic mandates, reachinq beyond a Simple exchange of information on alleged
cases relevant to the mandates concerned. In this respect 1 he would welcome
any Suggestions or prop sa1s.
2. Methods
302, As described in chapter I, the mandate of the Special Rapporteur has been
I mplemented by the following action:
(a) Inquiries concern trig allsq atlons of etnhmary or ar bitt ny executions 1
which are cctmwicated to the Governments concerned 1 req' esting information,
in particular on off total investigations, trial proceedings, prosecution and
ptni shaent of those responsible and r asures taken to prevent sumeary or
arbitrary executions;
(b) Urgent appeals to the Governments concerned rsqardinq alleged cases
of imminent or threatened execution which appear prima fade relevant to his
mandate 1 appealinq to the Government to ensure that the tight to life oF the
individual is protected and requesting information on the alleqed cases and in
certain cases, appealinq, on humanitarian grounds, for a Stay of necution;
(c) on—s its via its to the couritr Se s concerned upon the trw itat ion of the
Government, enabling the Special Rapporteur to inform ht*aelT of particular
situations, cases or relevant background material;
(d) Meetings with Government represent ives for consultation in
connection with the alleged st ” ary or arbitrary executions in their country.
E/ i. 4/1989/25
p.ge 60
303. It Ls clear tnat, La all four types of action taten by the Special
Rappor teur, co—operation by the Cover ruients concerned is vital for the
effective implenentation of the Special RaPportetir's iiandate. To that end,
the Sconaaic and Social Council, Lit paragraph 12 of resolation 198a/38 ,
‘ urges all Covsrnwents, in particular those that have consistently
not responded to can unications transsiitted to thea by the Special
Rapporteur and all others concerned 1 to co—operate with and assist the
Special Rapporteur SO that he iiay carry out his mandate
304 in this connection, an examination of the Stiecia!. Ttapporteur's seven
reports to the Coatiiss ion on ilunan Rights q ives SoA indication of the
situatjoi , The follow trig table shows the ntnber of Ccjverniments to which
al legations of swni ary or arbitrary executions Were addressed and from which
replies were received from 1982 to 1989.
Wwiber of
( oVernments to wLikch allegations were addressed
and from which reo lies were received
198 2—I 989
Reports
Iltimber of
Cover nzients
to which letters
containing
a lleqat-ions
were ser t
Replies
received
Number of
Cover neents
to which
ap se 1s were
sent
Replies
received
E ICN.4/1983/13
£/cN.4/19 64/29
S/ON. 4/ 1 9 8 5/ l i
WcN. 4/1996 /21
Ln !4
40
10 at
24 /
16
16
2].
25
36
13
!f
6 a/
I I
.
12
13
10
15
13
14
11.
11
23
2
5
3
4
S
allegations
ç cer4 _
allegations
E/'CN.4/1987/2 0
5f c21,4/1988/22
WCL4/1 989/2S
!‘ Government -s not named in the report.
Of which 21 Governments were not named in the report.
a/c w.I/19 89/25
page 61
305. Furtheritore, the Special Eapporteur, reviewing his past activities, would
UK. to focus on the following two points in order to enhance the effective
implementat ion of his nandatei
(a) the ponibility of rnre on—site visits should be expLored,
especially to the countries where serious alLegations of summary or arbitrary
executions have been made, in order that the Special Rapporteur tiay better
inform himself of the situation or incidents so as to be better placed to make
recommendations;
(h} The possihility of greater co—operation with other international
organizations, whether governmental or non—governmental, should be considered,
for example, with a view to making a team of forensic rimdical experts
available to acc pany and assist the Special Rapporteur during his visits to
countries in order to examine allegations of summary or arbitrary executions.
3. Visit in situ. advisory services and technical assistance
306. The Coinission on Human Rights, in its resolution 1988/54 , entitled
‘Advisory services in the field of human rights, requested its special
rapporteurs and representatives, as well as the Working Group on Enforced or
Involuntary Disappearances, “to include in their recos*nendations, whenever
appropriate, proposals for specific projects to be realized under the
programme of advisory services” rpara. 91.
307. Of those recommendations and proposals which the Special Rapporteur on
sinsiary or arbitrary executions made in his past reports, two are relevant to
the programme of advisory services,
308. One concerns the Special Rapporteur s proposal of a qeneral nature. In
his last report (E/CN.4/1983f22, pars. 207 (a)) he reconnended that “as a
matter Of urgency 1 training programmes should be organized with a view to
training or educating law enforcement officers in human rights issues
connected with their work. For this purpose he proposed that regional
seiainars and workshops should be organized. Re has sthce learned that such
Seminars and workshops are organized by regional inatitutea in co—operation
with the Crime Prevention and Crininal Justice 3rar eh of the Centre for Social
Developaent arid Hwianitar ian Affairs 4
309. The other concerns specific countries, namely Uganda (E/CN4/l937/ZO,
annex [ 1) and Surinalle (E/Ctl.4/1988/2Z , annex). In both cases, the Special
Rapporteur , after having visited the countries within the context of his
mandate and informed himself in situ of the situations concerned, identified
the questions and issues involved. The recommendations and proposals made for
these countries were the outcome of his visit in situ
310. In order to implement these proposals 1 co—operation and co—ordination
between Governments and United Nations offices would be indispensable. The
Special Rapporteur considers that in certain oases hi! experience in the
specific country miqht be of acne help in formulating a project Sri or for the
country concerned.
E/CN. 4/1989/25
page 62
TV. CONCLUSIONS AND RECC**IEMDATV]NS
31 -1. AS mentioned in previous reports, hundreds of thousands of people have
died in situations of international and internal armed conflicts, in 198k,
however, a number of positive initiatives were taken in various international
conflicts leading to the creat ton of an atIk)sphere In which situations
conducive to summary or arbitrary executions can be reduced. It is very much
hoped that these efforts ‘will give rise to definitive solutions so that
international peace and security can be achieved. it is only in an at sphere
of peace that hw'aan rights, and in particular the right to life, can be
guaranteed and that the national institutions established to protect human
rights arid enable persons to enjoy them Can be strengthened and operate
effectively. Therefore the efforts i.inder way to resolve these conflicts are
to be welcomed.
312 Unfortunately, the initiatives taXen in dealing with international
conflict areas have not so far been flatched by similar initiatives to resolve
Lrtternal armed conflicts or tensions. Consequently thousands of lives still
continue to be lost b civilians in Such conflicts. in the period under
review, there has been a lot of indiscriminate killing of unarmed civilians o n
the part of goverrnental forces. The groups opposing Governments have also
been guilty of this practice. In fact, in some situations where Governnents
have genuinely tried to address the grievances giving rise to such groups and
have tried to involve all persons in the denocratic process, such groups have
tried to sabotage those efforts and in so doing have wantonly killed people.
313. It is a iiatter of regret that, in sone areas where peace negotiations
have ended international arvted conflict, reports are emerging which indicate
that the governmental instrunents of power have turned from the enemy across
the border to civi l ians within the country, with the result that there ha
been a very noticeable increase in swanary or arbitrary executions by the
Governments concerned of their own civiLians. 1n some cases, according to the
allegations made, persons who had already been tried, without the proper
procedural safeguards, and sentenced to a term of imprisonment have been
e cecuted without further due process of the law or trial.
314. In the period under review, the Special Rapporteur has received nxre
reports than at any tine during the period of his mandate, alleiflng increased
use of chemleal weapons. In at least three areas, there were allegations that
chemical weapons had been used and that they bad resulted in thousands of
deaths. In this regard, the Special Rapporteur welcomes the determination of
the international community as reflected in the Final Declaration of the
representatives of States participating in the Conference on the Prohibition
of Chemical Weapons which met in Paris from 7 to i i i. January 1989 when they
resolved to prevent any recourse to chentical weapons by oompletely eliminating
them, arid sole mnly affirmed their commitment not to use chemical weapons arid
coriderned such use..
315. P. disturbing feature of the period under review is the increastng number
of allegations which the Special Rapporteur has received to the effect that
thousands of people have lost their lives at the hands of police or other law
enforceraent offic ials in demonstrat;ions. It would appear that; the law
enforcement officials did not act with the restraint required in such cases
ZJCN. 4/19139/2S
page 61
according to the Code of Conduct for Law Enforce ient Officials. The Special
Rappotteur would therefore strongly teitetate the reconttmertdation he made In
his last report that the rinited Nations Centre for Human Rights should
organite seminars or workshops for law enforcenient officials to ttain then and
inculcate in them the Lirinciple that they should carry out their work with due
respect for the homart rights of the individual, and to familiarize them With
vazious international human rights instrunents which are directly related to
their work. There is also room for bilateral and aultilateral technical
assistance in this regard.
316. One of the problematic issues that has faced the Special Rapporteur is
how to determine whether a death squad T M or an extreLe right— or left—wing
group which is responsibl.e for killing people is acting independently or with
the support, tolerance, connivance or encouraqewent of the Governnsnt. In
some coiirttries it is alleged that, although such groups are ostensibly
independent 1 they are sponsored by the Government or the Government tolerates
then or in fact they include police and military personnel in plain clothes
and under orders fron theft superiors. The Governments have said that such
groups act independentLy of them. The Special Rapporteur cu1fi welcone the
Connission's views On how to deal with this problem. Whatever the position,
it is the prirMry duty and resçxrnsibility of the GovernNerit to ensure that the
right to life is 9uaranteed and protected frcl!1 anyone who attempts to violate
it.
