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 E
NATIONS
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GENERAL
E/CN.4/1990/22
23 January 1990
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ENGLISH
Original: ENGLISH/FRENCH/SPANISH
COMMISSION ON HUMAN RIGHTS
Forty—sixth session
Item 13 of the provisional agenda
QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
IN ANY PART OF THE WORLD, WITH PARTICULAR REFERENCE TO COLONIAL AND
AND OTHER DEPENDENT COUNTRIES AND TERRITORIES
Summary or arbitrary executions
Report by the Special Rapporteur. Mr. S. Amos Wako.pursuant
to Economic and Social Council resolution 1988/38
GE. 90—lO126/1522B
E/CN. 4/1990/22
page ii
CONTENTS
Introduction
Chapter
Paragraphs Page
1— 5
1
I. ACTIVITIES OF THE SPECIAL RAPPORTEUR 6 — 22
A. Consultations 6
B. Communications 7 — 19
C. Joint hearings on southern Africa .... 20
D. Visits to countries 21 — 22
II. SITUATIONS . 23 — 443
A. General 23 — 24
B. Country situations 25 — 445
Angola
Argentina .
Bahrain
Bangladesh
Benin
Brazil
Bulgaria
Burundi
Cameroon
C had
Chile
China
Colombia
Democratic Yemen
El Salvador
Ethiopia
Guatemala
Guyana
Haiti
Honduras
India
Indonesia
Iran (Islamic
Iraq
Israel
Malawi
Mexico
26—
30—
33
2
2
2
3
4
5
5
6
25 6
29 6
32 6
7
34 36 7
37— 57 7
58— 60 13
61 — 66 13
67— 70 15
. 71 — 75 15
76— 82 16
83—113 17
114—142 23
• ,...........,,..... 143 — 150 32
151 — 161 33
162—167 37
168 — 192 39
193 —195 44
196—200 45
201 — 216 46
217—231 50
232—240 54
Republic of) 241 — 254 56
....,..,,.. 255—266 59
267 — 276 61
277—279 63
280 — 283 63
284 — 286 64
287 — 2.96 64
Maldives
Mauritania
E/CN. 4/1990/22
page Iii
CONTENTS ( continued)
Paragraphs Page
Nicaragua 297 — 299 66
Pakistan 300 — 303 69
Panama 304 —305 70
Peru 306 — 333 70
Philippines 334 — 343 77
Romania 344 — 349 81
Saudi Arabia 350 — 353 82
Somalia 354 — 358 82
South Africa 359 — 379 83
Sri Lanka 380 —396 87
Sudan . 397—402 92
Suriname 403 92
Turkey 404 — 408 93
Union of Myanmar 409 — 418 94
Union of Soviet Socialist Republics 419 — 426 96
United States of America 427 — 433 98
Venezuela 434 — 442 99
Yemen 443 102
Yugoslavia 444 — 446 102
III. ANALYSIS OF THE PHENOMENON 447 — 468 103
A. Deaththreats. 447—454 103
B. Human rights defenders as victims of summary
or arbitrary executions 455 — 460 104
C. Effective prevention, investigation
and punishment of summary or arbitrary
executions — consensus on international
standards 461 — 464 105
D. Advisory services and technical assistance 465 468 106
IV. CONCLUSIONS AND RECOMMENDATIONS 469 — 477 107
Annex : Principles on the Effective Prevention
and Investigation of Extra—Legal, Arbitrary
and Summary Executions 110
E/CN.4/1990/22
page 1
Introduction
1. The present report is submitted pursuant to Economic and Social Council
resolution 1988/38 and Commission on Human Rights resolution 1989/64, both
entitled “Summary or arbitrary executions”. This is the eighth report of the
Special Rapporteur to the Commission on Human Rights on the subject.
2. In his seven previous reports (E/CN.4/1983/16 and Add.l, E/CN.4/l984/29,
EICN.4/1985/17, E/CN.4/1986/21, E/CN.4/1987/20, E/CN.4/1988/22 and Add.l and 2
and E/CN.4/1989/25), the Special Rapporteur dealt with and examined the
various aspects of the phenomenon of summary executions, including legal and
other theoretical issues.
3. The present report follows the general structure of the last report. In
Chapter II B of the present report, the Special Rapporteur describes urgent
appeals to Governments and other communications which he has made forwarding
allegations to the Governments concerned and replies and observations
therefrom. The Special Rapporteur hopes that he has presented a comprehensive
picture of the phenomenon in each country.
4. In Chapter III , the Special Rapporteur has made an analysis of the
phenomenon in general terms of the information received and Governments'
replies and observations during the past year. He has taken up the following
four issues: (a) death threats, (b) human rights defenders as victims of
summary or arbitrary executions, (c) international standards of effective
prevention, investigation and punishment of summary or arbitrary executions,
and (d) advisory services and technical assistance.
5. Finally, in Chapter IV, the Special Rapporteur gives conclusions and
recommendations, which are based on his analysis of the information he has
received and consideration of practical measures to be taken in the immediate
future.
E/ CN. 4 / 1990/22
page 2
Chapter I
ACTIVITIES OF THE SPECIAL RAPPORTEUR
A. Consultations
6. The Special Rapporteur visited the Centre for Human Rights,
United Nations Office at Geneva, in July and October/November 1989 for
consultations with the Secretariat and again in January 1990 to finalize his
report.
B. Communications
1. Information received
7. In the course of his present mandate, the Special Rapporteur received
communications containing information concerning summary or arbitrary
executions from Governments, non—governmental organizations and individuals.
The number of communications has increased every year during the past year,
it reached more than 1,500.
8. Information of a general nature was received from the Governments of
Bangladesh, Brazil, Bulgaria, Burundi, Colombia, El Salvador, Guatemala,
Mauritania, Peru, Senegal, Turkey.
9. Information of a general nature and/or concerning specific allegations of
suimnary or arbitrary executions were received from the following
non—governmental organizations in consultative status with the Economic and
Social Council: Amnesty International, Anti—Apartheid Movement, Arab Lawyers
Union, Commission of the Churches on International Affairs of the World
Council of Churches, International Association Against Torture, International
Association of Democratic Lawyers, International Commission of Health
Professionals, International Committee of the Red Cross, International
Confederation of Free Trade Unions, International Federation of Human Rights,
International Federation Terre des Hommes, Pax Christi — International
Catholic Peace Movement, Pax Romana — International Catholic Movement for
Intellectual and Cultural Affairs, Regional Council on Human Rights in Asia,
Union of Arab Jurists, Women's International Democratic Federation.
10. In addition, information concerning alleged cases of summary or arbitrary
executions was received from a number of regional, national and local
non—governmental organizations, groups and individuals in various parts of the
world.
2. Allegations of summary or arbitrary executions
11. In the course of his mandate, the Special Rapporteur sent cables and
letters to Governments concerning allegations of imminent or actual summary or
arbitrary executions in their countries.
12. In reply to the Special Rapporteur's cables and letters, a number of
Governments provided him with information and observations concerning the
allegations. For the sake of the preparation in time of the present report,
the Special Rapporteur was obliged to leave the Government replies which
reached him after 15 January 1990 to his next report.
E / CN .4 / 1990/22
page 3
(a) Urgent appeals
13. In response to information containing allegations of imminent or
threatened summary or arbitrary executions which appeared prima facie relevant
to his mandate, the Special Rapporteur addressed 67 urgent messages by cable
to 25 Governments, appealing for the Government's protection of the right to
life of the individuals concerned and requesting information concerning those
allegations. These Governments are: Argentina, Brazil, Bulgaria, Chad,
Chile, China, Colombia, El Salvador, Guatemala, Honduras, India, Iran (Islamic
Republic of), Israel, Maldives, Mexico, Peru, Philippines, Romania, Somalia,
South Africa, Sri Lanka, Sudan, Union of Myanmar, Union of Soviet Socialist
Republics, United States of America.
14. Replies were received from the following Governments: Argentina,
Bulgaria, China, Colombia, Guatemala, Hotiduras, India, Iran (Islamic
Republic of), Maldives, Mexico, Peru, Sri Lanka, Union of Myanmar, Union of
Soviet Socialist Republics, United States of America.
15. In addition, replies were received from the following four Governments
concerning the cables sent by the Special Rapporteur during 1988: Angola,
Iran (Islamic Republic of), Peru, Surinanie.
16. These messages and the replies received are summarized in chapter II; the
full texts are available for consultation in the Secretariat files.
(b) Requests for information concerning alleged summary or arbitrary
executions
17. The Special Rapporteur also sent 56 letters to 36 Governments concerning
alleged summary or arbitrary executions in their countries, as follows:
Bahrain, Benin, Brazil, Burundi, Canieroon, Chile, China, Colombia, Democratic
Yemen, El Salvador, Ethiopia, Guatemala, Guyana, Haiti, Honduras, India,
Indonesia, Iran (Islamic Republic of), Iraq, Israel, Malawi, Mauritania,
Nicaragua, Pakistan, Panama, Peru, Philippines, Romania, Saudi Arabia,
Somalia, South Africa, Sri Lanka, Turkey, Venezuela, Union of Soviet Socialist
Republics, Yugoslavia.
18. Replies were received from the following Governments: Bahrain, Brazil,
Burimdi, Chile, Colombia, Ethiopia, Honduras, Indonesia, Iraq, Turkey, Union
of Soviet Socialist Republics, Venezuela.
19. In addition, replies were received from the following six Governments
concerning the allegations transmitted by the Special Rapporteur during 1988:
Brazil, Democratic Yemen, Ethiopia, Nicaragua, Peru, Yemen.
C. Joint hearings on southern Africa
20. The Special Rapporteur joined the Ad Hoc Working Group of Experts
on southern Africa for hearings held in London, United Kingdom,
from 14 to 18 August 1989. The information obtained at the joint
hearings is reflected in Chapter II, section B, paragraphs 359—378.
E/CN.4/1990/22
page 4
D. Visits to countries
21. The Special Rapporteur, in the context of his mandate and upon
the invitation of the Government of Colombia visited Colombia
from 11 to 20 October 1989. The Special Rapporteur wishes to express his
deep appreciation to the Government of Colombia for its positive
co—operation and efforts to make the Special Rapporteur's visit meaningful.
22. An account of his visit to Suriname is contained in the addendum to the
present report (E/CN. 4Il99O/22/Add.1).
E/CN.4/1990/22
page 5
SITUATIONS
A. General
23. The information received by the Special Rapporteur in the course of his
present mandate includes allegations of executions or deaths which may have
taken place in the absence of the safeguards designed to protect the right to
life embodied in various international instruments, such as the International
Covenant on Civil and Political Rights (arts. 4, 6, 7, 9, 14 and 15), the
Standard Minimum Rules for the Treatment of Prisoners, the Code of Conduct for
Law Enforcement Officials, the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, Safeguards guaranteeing
protection of the rights of those facing the death penalty adopted by the
Economic and Social Council in resolution 1984/50 of 25 May 1984, and the
Effective prevention and investigation of extra—legal, arbitary and summary
executions, adopted by the Economic and Social Council in resolution 1989/65
of 24 May 1989.
24. This information generally related to allegations of the following nature:
(a) Actual or imminent executions:
(i) Without a trial;
(ii) With a trial but without safeguards designed to protect the
rights of the defendant as provided for in articles 14 and 15
of the International Covenant on Civil and Political Rights.
(b) Deaths which took place:
(1) As a result of torture or cruel, inhuman or degrading treatment
during detention;
(ii) As a result of abuse of force by police, military or any other
governmental or quasi—governmental forces;
(iii) As a result of assault by individuals or paramilitary groups
under official control;
(iv) As a result of assault by individuals or groups not under
official control, but acting with official collusion or
connivance;
(v) As a result of assault by groups opposing the Government.
(c) Death threats made by:
(1) Members of police, military or any other governmental or
quasi—governmental forces;
(ii) Individuals or paramilitary groups, under official control or
acting with official collusion or connivance.
E/CN .4/ 1990/22
page 6
B. Country situations
Angola
25. On 8 December 1989, a reply was received from the Government of Angola to
the Special Rapporteur's cable of 15 November 1988 concerning two alleged
cases of imminent executions. According to a report from the Office of the
Military Prosecutor, Marcolino Fazenda, a civilian, had been sentenced to
death in October 1989 and committed suicide the following night, and
Joaquim Antonio, a soldier, appealed against his death sentence to the Court
of Second Instance of the Tribunal Militar das Forças Armadas. The
representative stated that the procedure of the military tribunal guaranteed
the right to appeal as well as other rights of the defendant.
Argentina
26. On 3 May 1989, a cable was sent to the Government of Argentina concerning
an alleged death threat made on 18 March 1989 by a group named “Heroes of La
Tablada” against Hebe Bonafini, president of the Madres de la Plaza de Mayo,
and her daughter A1ejandra
27. The Special Rapporteur, expressing his concern for the life of the two
persons, appealed to the Government to take the necessary measures to protect
their life and requested information on the measures taken.
28. On 7 July 1989, a reply was received from the Government of Argentina to
the Special Rapporteur's cable of 3 May 1989 stating that, immediately upon
learning of the existence of threats against the physical integrity of
Mrs. Hebe Bonafini and her daughter Alejandra, the Government, through the
Under—Secretariat for Human Rights of the Ministry of the Interior, had lodged
a complaint with the National Judge of First Instance in Criminal Court of
Investigation No. 20.
29. It was also stated that, in that submission to the courts, the Ministry
of the Interior had requested that a thorough investigation of the facts
should be undertaken immediately and that the guilty parties should be subject
to the most severe penalties provided for in Argentine criminal law. It had
further requested that the security of the lives and property of the victims
of the threats should be guaranteed through the adoption of all relevant
measures for that purpose.
Bahrain
30. On 11 April 1989, a letter was sent to the Government of Bahrain
concerning the allegation that Mohammed Mansoor Hassan, aged 32, had been
found dead on 8 February 1989 in the north—west of al—Manama Island. His body
was said to have carried signs of torture. According to the information
received, Mohammed Mansoor Hassan had been arrested on 25 January 1989 at
Bahrain International Airport on his return from Syria, and detained at
al—Dala—a prison. The Bahraini authorities had reportedly admitted his
detention but denied the allegation of torture.
E/CN. 4/1990/22
page 7
31. The Special Rapporteur requested information on this allegation and in
particular on any investigation by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
32. On 17 August 1989, a reply was received from the Government of Bahrain to
the Special Rapporteur stating that the allegation was completely false and
that there was absolutely nothing suspicious about the death of Mohammed
Mansoor Hassan. It was further stated that he had never been held in police
custody and that the formal investigation into the cause of his death,
including official post mortem examination of the body, confirmed that the
deceased, a known epileptic, had died of natural causes.
B ang lade sh
33. On 10 October 1989, a letter was received, transmitting information on
the incidents in Chittagong Hill Tracts. described as atrocities perpetrated by
Shanti Bahini terrorist elements. In the attachment to the letter, six such
incidents in July 1989 and eight in August were listed in which a number of
civilians had been reportedly killed.
Benin
34. On 30 October 1989 a letter was sent to the Government of Benin informing
it of allegations that Serge Gnimadi, an 18—year old student, had died in
February 1989 while in custody at the Proto Novo police station. Mr. Gnimadi
had been arrested in connection with the strike by teachers, students and
civil servants. The same source alleges that some 10 factory workers were
killed at Save, in March 1989, when troops fired on workers on strike. The
troops were allegedly acting on orders received from President Mathieu Kérékou
to open fire without warning at any gathering in the streets.
35. The Special Rapporteur requested further information on these
allegations, on any investigation by the competent authorities, including
autopsies, and on any measures adopted to prevent the further occurrence of
such deaths.
36. At the time of the preparation of the present report, no reply had been
received from the Government of Benin.
Brazil
37. On 20 March 1989, the Special Rapporteur sent a cable to the Government
of Brazil concerning alleged death threats made against several Rural Workers'
Trade Union leaders. Among those allegedly under constant death threats were
Maria Aparecida Rodrigues de Miranda, president of the Rural Workers' Trade
Union of Unai, Minas Gerais State, and Osmarino Amancio Rodrigues, president
of the Rural Workers' Trade Union of Brasileia, Acre State.
38. In view of several cases of alleged killings in the past of leaders of
Rural Workers' Trade Unions by hired gunmen, such as the killing of Francisco
Alves Mendes Filho on 22 December 1988 in Xapuri, in which, it was alleged,
the authorities had not taken effective measures to protect the life of the
victims, the Special Rapporteur expressed his serious concern for the life of
the above—mentioned leaders of the Rural Workers' Trade Union, appealed to the
El CN .4/1990/22
page 8
Government to take the necessary measures to protect their right to life, and
requested information on those cases and also on the measures taken by the
Government to protect the lives of those persons.
39. On 19 May 1989, a letter was sent to the Government of Brazil concerning
allegations that killings of peasants, trade unionists and lawyers had
continued in the context of land disputes. The victims had been allegedly
killed by persons hired by landowners. It was also alleged that, in a number
of cases, the victims had been killed after receiving death threats and that
some had survived attempts on their life. It was further alleged that the
authorities had failed to take effective action to investigate the killings,
to bring those responsible for such killings to justice or to protect those
who were facing death threats.
40. The Special Rapporteur listed by way of example seven such cases which
had allegedly occurred since October 1988, as follows:
(a) The case of José August on 15 October 1988 in Varzea Nova, Bahia
State;
(b) The case of Moises Vitorio dos Santos, president of the Rural
Workers Trade Union of Varzea Nova, on 21 November 1988, in Bahia State;
(c) The cases of two men, a suspect and a possible witness in the
killing of Sebastiao Pereira de Souza and his three year—old son, Clésio, on
24 October 1987, in Goianésia, Pará State, on 17 October 1988. Also in
connection with the 1987 killings, the cases of death threats against
Dona Maria de Jesus, the widow of Sebastiao Pereira de Souza, and Padre Paulo
Joanil da Silva, the parish priest of Jacundá and regional co—ordinator of the
Church Land Commision (Comissao Pastoral da Terra (CPT));
(d) The case of Antonio Guilhermino de Oliveira on 21 October 1988, in
the municipality of Sento Se, Bahia State;
Ce) The case of Joâo Carlos Batista, State legislator and lawyer, on
6 December 1988, in Belém, Pará State;
(f) The case of Francisco Alves Mendes Filho, president of the Rural
Workers Trade Union of Xapuri, on 22 December 1988, in Xapuri, Acre State;
(g) The case of José Francisco Avelino, a peasant community leader and a
member of the Church Land Commission, on 29 December 1988, in Conde, Paralba
State, and the case of Severina Rodrigues da Silva, on 30 March 1989.
41. On 24 July 1989, another letter was sent to the Government of Brazil
transmitting allegations of continued killings of and death threats against
agricultural workers and lawyers defending them, in the context of disputes
over land. Such cases had reportedly occurred in various States of the
country and it was alleged that the military police and the police of the
States concerned had been directly responsible for some of the killings, or
had failed to provide the necessary protection to persons having received
death threats. It was further alleged that the authorities had failed to take
effective action to investigate the killings, or to bring those responsible to
justice.
E / CN. 4/1990 / 22
page 9
42. The Special Rapporteur listed five such cases as follows:
(a) The case of Joseph Maria Ferreira Alves, an agricultural worker from
Viseu, on or about 14 May 1989, and his son Joâo de Deus Ferreira da Silva;
(b) The case of Antonio Eden John de Souza, a lawyer, on 28 March 1989,
in Manaos, Amazonia;
(c) The case of death threats against several members of the Sâo Joâo
dos Carneiros community, including Raimundo Benicio de Moura, Antonio Airton,
member of the CUT—Unified Union of Workers of the State of Ceara, and Cleide
Fondes, the community's legal representative, Quixada district, State of Ceara;
(d) The case of Joâo Almeida do Nascimento, chairman of the Rural
Workers' Union in Cumbé, State of Sergipe, on 31 May 1989;
Ce) The case of José Rente Nascimento, Co—ordinator of the Environmental
Protection Project of the Indigenous Communities (Coordenador do Piano de
Proteçâo ao Meio Ainbiente e as Comunidades Indigenas), on 17 May 1989,
together with two of his assistants, in Rio Branco, State of Acre.
43. On 30 October 1989, another letter was sent to the Government of Brazil
transmitting allegations of killings, mostly of agricultural workers,
politicians and farmers. It was also reported that lawyers and church
officials continued to be the targets of a campaign of death threats, probably
due to their activity in defending peasants' rights in land conflicts. It was
alleged that no prompt and effective action had been taken by the authorities
to bring those responsible to justice, to prevent further killings or to
protect those whose life was threatened. The following seven cases were
listed by way of example:
(a) The case of Donato Cardoso, a farmer, on 1 July 1989, in Saô
Francisco municipality, State of Minas Gerais;
(b) The case of Jo o Batista Jorge, aged 21, member of the Landless
Agricultural Workers Movement, on 10 July 1989, in Itaborai, State of Rio de
Janeiro;
Cc) The case of Luis Carlos Brito, a journalist, on 16 July 1989, in
Trancoso, State of Bahia;
Cd) The case of Verino Sossai, leader of the Landless Agricultural
Workers Movement, on 19 July 1989, in Montanha, State of Espiritu Santo;
(e) The case of José Rocha Maraes, rural leader, on 26 July 1989, in S o
Luiz Gonzaga, State of Maranhâo;
(f) The cases of Paulo Roberto da Silva and Isalas Lima Carneiro, on
29 July 1989, in Baixada Fluniinense, State of Rio de Janeiro;
(g) The case of Cuatemir Antonio da Silva, leader of the “Nossa Senhora
das Graças” community, on 30 July 1989, in the Campo Grande area of
Rio de Janeiro.
El CN .4/1990/22
page 10
44. It was also reported that several church officials and human rights
activists had recently been the target of death threats and attempts on their
lives. They included the Lutheran pastor of Linhares, Vilmar Schneider, and a
local human rights lawyer, Osmar Barcelos do Nascimento, members of the
Linhares Human Rights Commission. Other church officials who had received
death threats were the Methodist pastor of Colatina, Jader Batista da Silva,
the secretary of the Church Land Commission in SRo Mateus, Mercedes das Graças
Rafalski, two other CPT members in the State of Espiritu Santo, Derli Casali
and Damiâo Sanchez and the bishop of SRo Mateus, Dom Aldo Gerna.
45, It was further reported that several Yanomaini Indians had been killed in
two separate incidents, in June and August 1989, by heavily armed mining
prospectors ( g rimpeiros) . Both incidents had reportedly occurred in the
State of Roraima, and it was alleged that the authorities supported the
advance of gold searchers and mining companies into Yanomaini lands. The first
incident, occurring in the Xidea area, near the headwaters of the Orinoco and
Mucajai rivers, had later been reported to the Federal Police in Boa Vista.
The second, occuring on 11 August, near the DOCEGEO air—strip, had been
reported to the military detachment at the Surucucus indigenous post
on 15 August. No report had been received as to any action taken by the
authorities.
46. By those letters, the Special Rapporteur requested information on the
above—mentioned cases and 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.
47. On 19 December 1989, a cable was sent to the Government of Brazil
concerning the allegation of collusion of law enforcement and judicial
authorities in the activities of armed criminal gangs in Itaituba, State of
Pará. According to the information, persons formulating complaints in this
regard had been threatened and some whose names had appeared on so—called
“death lists” had been killed, including former State Deputy Paulo Fontelles
and the socialist State Deputy Joao Batista. Most recently, Raimundo Silva de
Souza, town councillor in Itaituba, was killed on 28 July 1989 and José
Marciao Ferreira on 23 November 1989. The names of six persons who had been
threatened with death were given as follows: Ademir Andrade, Brazilian
Socialist Party (PSB) Federal Congressman for Pará State; Edson Botelho,
PSB Deputy Mayor of Itaituba; Israel Santos, PSB town councillor, Itaituba;
Francisco Rodrigues Filho, PSB President, Itaituba; Raimundo José de Oliveira,
PSB member, Itaituba, and Nivaldo, Workers Party (PT) member, Itaituba. It
was further alleged that the State authorities in Itaituba had consistently
failed to investigate such killings by armed criminal gangs.
48. The Special Rapporteur expressing his concern for the life of the
above—mentioned persons, appealed to the Government to investigate the
reported cases of killing and death threats and to take all necessary measures
to protect the life of those threatened with death.
49. He also requested information on these cases, and in particular on any
investigations carried out by the authorities and the measures taken to
protect those persons.
El CN. 4/1990 / 22
page 11
50. A letter dated 20 March 1989 was received from the Government of the
State of Goiás transmitting information on the attempted killing of
Fr. Francisco Cavazzutti and the killing of Nativo da Natividade. According
to the letter, the State civil police had arrested the suspects, initiated a
police inquiry and channelled it promptly to the judicial authority. In the
case of Fr. Cavazzutti, who had partially lost his sight in a murder attempt
in Moss medes, the offender had been charged with attempted murder, tried
and sentenced to 12 years t imprisonment and was serving his sentence.
Da Natividade, the president of the Rural Workers' Trade Union in the region,
had been killed in Carmo de Rio Verde. It was stated that after a police
inquiry, the case had been brought before the court of that judicial
district. On an appeal by the prosecutor to a higher court, the case had been
submitted for trial by jury.
51. On 8 November 1989, a reply was received from the Government of Brazil to
the Special Rapporteur's letter of 9 November 1988 (see E/CN.4/1989125,
paras. 46—48), reiterating the Government's understanding that it considered
as summary or arbitrary executions only those cases in which government
officials were actually involved. With regard to the cases communicated by
the Special Rapporteur's letter, the reply stated that they had been dealt
with by the competent authorities, that some of them had been investigated,
resulting in the trial and sentencing of those responsible, and that others
were still being investigated by the competent authorities, with judicial
proceedings opened by the Council for the Defence of the Rights of the Human
Person (CDDPH) of the Ministry of Justice. Some of the above—mentioned cases
were then described as follows:
State of Pará
With regard to the cases of Antonio Bispo dos Santos, Paulo
Fontelles de Lima, Joâo Moreira de Souza and Raimundo Pereira do
Nascimento, the CDDPH had opened proceedings and requested the Secretary
of Public Security of the State of Pará for investigation. With regard
to the case of Sebastiâo Pereira de Souza, the investigation had resulted
in the indictment of two persons who still remained at large.
State of Goiás
With regard to the case of Wellington Carlos Zalik (Zalique) Lima,
on 7 June 1988 a person had been found guilty and sentenced to 15 years'
imprisonment. On 16 February 1989, the First Criminal Chamber of the
State of Colas had refused his appeal and confirmed the original
judgement. With regard to the cases of Vilmone Campos da Silva and José
de Deus Francisco do Nascimento, a person had been indicted, a warrant of
preventive detention had been issued against him, but he remained at
large.
State of Pernambuco
With regard to the case of Evandro Cavalcanti Filho, a person had
been indicted on a charge of homicide.
E/CN. 4/1990/22 -
page 12
State of Minas Gerais
With regard to the cases of Rosalvo Games de Oliveira, José Pereira
dos Santos and Manoel Fiuza da Silva, according to the president of the
Tribunal of Justice of the State of Minas Gerais, five persons had been
found guilty on 29 September 1988.
52. On 9 November 1989, a reply was received from the Government of Brazil to
the Special Rapporteur's letter of 19 May 1989 stating that the cases of
Antonio Guilhermino de Oliveira, José Francisco Avelino and Joâo Carlos
Batista were still under investigation by the competent authorities.
53. With regard to the case of Francisco Alves Mendes Filho, it was stated
that the State Government of Acre had provided him with two military policemen
as bodyguards; that on 22 December 1988, judicial proceedings had been opened
by the Xapuri police, State of Acre; that the Secretary of Public Security of
the State of Acre had ordered the transfer of a number of military police to
Xapuri to reinforce the ongoing investigation; that on 26 December 1988 a
person had turned himself into the police and confessed to the killing, that
on the following day another person had been detained, and that on
7 January 1989 a third person had turned himself into the police. On
21 January 1989, two of the above—mentioned suspects and another person who
was still at large had been indicted for homicide. The two were said to be
held in detention in Rio Branco, State of Acre. Criminal proceedings were
said to be under way.
54. With regard to the case of Severina Rodrigues da Silva, the reply stated
that, after an investigation by the authorities of the State of Paraiba, two
persons had been indicted for the murder.
55. On 9 November 1989, a reply was received from the Government of Brazil to
the Special Rapporteur's letter of 24 July 1989 transmitting information on
some of the cases communicated in that letter. The reply reiterated the
Government's position that only those cases in which government officials were
actually involved were considered as summary or arbitrary executions.
56. With regard to the cases of Joseph Maria Ferreira Alves, Joâo de Deus
Ferreira, Raimundo BenIcio de Moura, Antonio Ainton and Cleide Fondes, it was
stated that official inquiries had started and that the CDDPH was following
the development of the investigations. With regard to the case of Antonio
Eden John de Souza, an official inquiry had been closed due to lack of
evidence.
57. With regard to the case of Joâo Almeida do Nascimento, it was stated that
the CDDPH had requested the Attorney—General of the State of Sergipe for
information on the official proceedings. With regard to the case of José
Rente do Nascimento, it was stated that, on 25 July 1989, upon completion of
an investigation by the Federal Police, the president of the Union of the
Timber Industries of the State of Acre and two other persons had been indicted.
E / CN. 4 / 1990 / 22
page 13
Bulgaria
58. On 23 June 1989, the Special Rapporteur sent a cable to the Government of
Bulgaria concerning the allegation that, during the second half of May 1989,
several persons of Turkish ethnic background had been killed by Bulgarian
security forces in the north—eastern and southern parts of the country. It
was alleged that security forces had indiscriminately opened fire at peaceful
demonstrators and resorted to severe beatings of ethnic Turks. The names of
some of the victims of such incidents were given in the cable.
59. The Special Rapporteur, having received expressions of fear that further
deaths might occur in the context of the ethnic unrest, appealed to the
Government to take all necessary measures to prevent further deaths and to
ensure the safety and physical integrity of all persons of Turkish ethnic
background, and requested information concerning the above—mentioned incidents
and cases, and in particular on the investigations carried out by the
authorities on those cases.
60. On 25 July 1989, a reply was received from the Government of Bulgaria
stating that in Bulgaria there were Bulgarian Muslims but no “Turkish ethnic
minority” and that no mass or arbitrary executions were conducted in
Bulgaria. Civil disturbances had occurred in various regions of the country
in late May 1989, provoked by Turkey, many innocent people had been violently
assaulted and attacks had been made on local municipal officials and the local
population, staged by extremists and terrorist elements, and in no sense had
the demonstrations been peaceful. Inquiries had confirmed that the use of
weapons had been in legitimate self—defence. The reply described 12 such
disturbances. So far a total of 7 persons were known to have died and 28
wounded, and the investigation of those cases was not yet completed. A list
of the seven dead was attached to the reply. One person had died in hospital
after being trampled upon by a mob on 20 May 1989 in Kaolinovo, Varua regional
district, two had died in hospital after being wounded on 21 May 1989 in Todor
Ikonomovo by ricochets when the mob tried to wrench firearms from the security
forces, two had died in hospital after being seriously wounded in a violent
clash on 23 May 1989 in Ezerche, Hiebarovo municipality, Razgrad regional
district, one had been killed in a clash on 27 May 1989 in Medovets, Dalgopol
municipality, Varna regional district, and another had died later in hospital.
Burund i
61. On 24 July 1989, the Special Rapporteur sent a letter to the Government
of Burundi concerning allegations that in March and April 1989 a number of
persons belonging to the Hutu population had been killed by the security
forces. According to the information received, those persons were among those
who had left the country following the incidents of August 1988 and had
subsequently been repatriated under agreements concluded between the Office of
the United Nations High Commissioner for Refugees and the Governments of
Burundi, Rwanda and Zaire. Twelve cases were mentioned in the letter.
El ON. 4/1990 / 22
page 14
62. The Special Rapporteur requested information on those allegations, in
particular on any investigations by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
63. On 1 August 1989, a reply was received from the Government of Burundi to
the Special Rapporteur's letter of 24 July 1989 stating that the quadripartite
agreements concluded between Burundi, Rwanda, Zaire and UNHOR were
scrupulously observed, under the supervision of UNHCR, and that the refugees
who had been in Rwanda after the events of August 1988 were steadily being
repatriated and resettled. The reply further stated that two of the
12 persons described in the Special Rapporteur's letter were alive, namely,
Miruho Michel, a teacher from Bwinyana, and Bukuru Balthazar, Director General
of Burundi Press Publications in the Ministry of Information. It was also
stated that other reports of murders or disappearances spread about by a
non—governmental organization had turned out to be pure fiction.
64. On 18 August 1989, another letter was received transmitting additional
information concerning some of the cases communicated by the Special
Rapporteur, as follows:
Bukuru Stéphane, farmer of Ntega, alive at his home;
Bukuru Balthazar, catechist from Sasa, Ntega commune, died during the
disturbance in August 1988;
Miburo Marthe, farmer of Sasa, her fate unknown in the commune;
Ntaconsanze, convicted of theft after repatriation, escaped from prison
in Kirundo and returned to Muhero camp in Rwanda;
Nkundabanyanka Thomas, from Sasa, died during the disturbance in
August 1988.
65. The following cases had not been known by the Special Rapporteur, but
were referred to in the Government's reply:
Biduguru Kigaga, bar employee from Ntega, alive;
Samandari, farmer of Ntega, alive;
Nyabenda Jérémie, from Ntega, convicted of theft, escaped from prison in
Kirundo and returned to Rwanda;
Ngorwa Stany, farmer of Ntega, died of natural causes before August 1988;
Ndururuste Murungurira, farmer, alive.
66. The reply stated that the other alleged cases of death were being
investigated by the competent authorities.
El CN. 4/1990 / 22
page 15
Caine roon
67. On 14 November 1989, the Special Rapporteur sent a letter to the
Government of Cameroon transmitting allegations that in late June or early
July 1989 Augustin Bandin had been sentenced to death by the High Court in the
town of Kuinbo in the North—West Province on a charge of aggravated theft. The
offence was said to have consisted in breaking into a bar and stealing musical
equipment. Neither arms nor violence against persons were reported to have
been used during the commission of the offence. The death sentence had
allegedly been pronounced on the basis of article 320 (1) (C) (New) of the
Penal Code, as amended in 1972, for “aggravated theft”, which included “theft
with force, bearing weapons or by breaking in, by climbing in, or by the use
of a false key”. It was claimed that application of the death penalty for the
broadly defined “aggravated theft” did not conform to the provisions of
article 6, paragraph 2, of the International Covenant on Civil and Political
Rights.
68. In addition, it was alleged that, during the past several years, large
nunibers of prisoners had died of malnutrition and disease at Nkondengui prison
in Yaoundé, due to deliberate deprivation of adequate medical attention or as
a result of serious negligence. During certain periods in 1987 and 1988, as
many as four or five prisoners were alleged to have been dying every day. In
December 1987, 44 prisoners had allegedly died, 42 of whom of malnutrition.
Sick prisoners were allegedly denied appropriate medical care unless they
could pay.
69. The Special Rapporteur requested information on those allegations, in
particular on any investigations by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
70. At the time of preparation of the present report, no reply had been
received from the Government.
Chad
71. On 30 June 1989, the Special Rapporteur sent a cable to the Government
of Chad concerning the information that some 100 persons, all belonging to
the Zaghawa ethnic group, had been arrested at Ndjamena in April 1989,
following an attempted coup d'etat . They were reported to have included
Dr. Zakaria Fadoul, Saleh Fadoul, Ali Fadoul, Mahamat Fadoul, Yacoub Fadoul
and Mahainat den Fadoul, all brothers of Mr. Sidik Fadoul, a former chief of
the military police who had been arrested in 1988. Many of those persons were
reported to have been arbitrarily arrested because of their ethnic origins and
kinship with government opponents. According to the reports received, several
detainees suspected of anti—government activity had been executed without
trial in recent years. Others had died following maltreatment in custody.
72. In the light of those reports, the Special Rapporteur, expressing his
concern for the lives and safety of the above—mentioned persons, appealed to
the Government to ensure that the right to life of all detainees be respected
in accordance with the provisions of the International Covenant on Civil and
Political Rights, particularly article 6, which stipulated that no one shall
be arbitrarily deprived of his life, and requested information on the
above—mentioned cases, particularly with regard to any inquiries made or any
measures taken to guarantee the right to life of' the persons concerned.
E / CN. 4 / 1990 / 22
page 16
73. On 24 August 1989, another cable was sent concerning 13 other persons
from the Zaghawa ethnic group who were said to have been arrested under the
same circumstances as those described in the Special Rapporteur's cable of
30 June 1989, and to have been held incommunicado , without any charge. The
names of the 13 were given in the cable.
74. The Special Rapporteur, having received expressions of fear about their
fate, reiterated the appeal and request made in his previous cable.
75. At the time of preparation of the present report, no reply had been
received from the Government of Chad.
Chile
76. On 24 July 1989, the Special Rapporteur sent a letter to the Government
of Chile transmitting allegations of killing of Salvador Fidel
Cautivo Ahumada, aged 26, by the corps of Carabineros. The killing had
allegedly occurred on 31 December 1988 shortly before midnight, when members
of the Carabineros fired on a group of young people who were painting a wall
on the flyover of the Tucapel roundabout, Arica, Chile.
77. On 30 October 1989, another letter was sent to the Government of Chile
transmitting the allegations that in the past year there had been a number of
cases of killings presumably attributable both to members of the security
forces and to persons acting with their support or connivance. The cases are
the following:
(a) The case of Antonio Oviedo Sandova Cares, on 30 August 1989, in
Santiago, district of La Granja;
(b) The case of Edison Freddy Palma Coronado, on 30 August 1988, in
Santiago;
(c) The case of Enrique Abelardo Moraga Muiioz, on 10 September 1988, in
Santiago;
(d) The case of Guillermo Eugenio Rodriguez Soils, on 20 December 1988,
in Santiago;
(e) The case of Jaime Quilán Cabezas, on 29 December 1988, in Santiago;
(f) The case of Jorge German Maldonado Velasquez, on 21 January 1989 in
Santiago;
(g) The case of Deckar Meghme, on 4 September 1989, in Santiago.
78. In both letters, the Special Rapporteur requested information on those
allegations, in particular on any investigations by the competent authorities,
including autopsy, and any measures taken to prevent the further occurrence of
such deaths.
E/CN.4/1990/22
page 17
79. On 14 November 1989, a cable was sent to the Government of Chile
concerning the allegation of death threats directed at Judge René Garcia.
According to the information, Judge Garcia had been threatened because of his
investigation into alleged cases of torture by members of the Central Nacional
de Información (CNI). During the past years, hundreds of persons were said to
have received death threats from clandestine groups consisting of members of
the security forces and civilian collaborators.
80. The Special Rapporteur appealed to the Government to take all necessary
measures to ensure the safety of Judge René Garcia and requested information
on the result of any investigation into the case and also on the measures
taken by the Government.
81. On 14 August 1989, a reply was received from the Government of Chile to
the Special Rapporteur's letter of 24 July 1989, transmitting information on
the case in question.
82. According to the reply, on 31 December 1988, at 10.15 p.m., the
Carabineros prefecture at Arica had received a telephone call to the effect
that a group of people were painting the walls of the lower level of the
Tucapel circular flyover in that city. When a police van from the third
Carabineros station at Arica arrived at the scene at 10.20 p.m., a group of
about 10 persons who had been painting communist slogans on the walls of the
lower level of the flyover fled, while another group, on the upper level,
fired several shots at the police van, seriously wounding the sergeant. A
police officer was said to have shot back at the upper level of the Tucapel
circular flyover from the van. It was further stated that at 10.40 p.m.
Salvador Fidel Cautivo Ahumada, a communist activist wounded by gunshot, was
transported to the local station and died while receiving treatment.
China
83. On 26 April 1989, the Special Rapporteur sent a letter to the Government
of China concerning alleged killings of persons by police forces in the Tibet
Autonomous Region, as follows:
(a) On 23 March 1988, upon notification by the authorities, the
relatives of Tenzin Sherap, a truck driver, who had been arrested in
connection with the 5 March 1988 riot, found his body at one of the Lhasa
municipal morgues. His body allegedly showed various signs of severe torture;
(b) During the three—day unrest which started on 5 March 1989 in Lhasa,
some 200 Tibetans had allegedly been killed as a result of indiscriminate,
unprovoked shooting without warning by the People's Armed Police on unarmed
demonstrators and bystanders. The official number of deaths during the
three—day unrest was given as 16, including a policeman. However, according
to numerous eyewitnesses, the police had first thrown bottles from the
rooftops at the demonstrators, who reacted by throwing rocks, but no shots had
been fired by the demonstrators. It was also alleged that more persons had
died in the following days due to injuries sustained during the unrest, or in
random shooting by police during raids on Tibetan houses. The total number of
deaths was said to be at least 600. The names of 14 persons were mentioned as
being among the victims;
El CN. 4/1990/22
page 18
(c) With regard to the cases of four Tibetans allegedly involved in the
killing of a policeman during the demonstration on 5 March 1988 in Lhasa,
referred to in the Special Rapporteur's cable to the Government dated
10 June 1988 (E/CN.4/1989, para. 68), Lobsang Tenzin, one of the four, had
reportedly been sentenced to death, with suspension of execution for two
years, on 19 January 1989, by the People's Court in Lhasa. It was alleged
that, while in pre—trial detention, Lobsang Tenzin had been severely beaten to
force him to admit guilt. It was also alleged that before and during the
trial the defendant was not provided with the safeguards intended to ensure
the basic rights of the defendant as stipulated in article 14 of the
International Covenant on Civil and Political Rights, including the right to
be presumed innocent until proved guilty, the right to a fair and public trial
by an independant and impartial tribunal, the right to have adequate time and
facilities for the preparation of his defence, and the right to examine or
have examined the witnesses against him.
(d) With regard to the alleged deaths on 10 December 1988 in Lhasa
referred to in the Special Rapporteur's cable to the Government dated
12 December 1988 (E/CN.4/l989/25, paras. 70—71), new information had been
received contradicting the Government's reply of 29 December 1988. In the
Government's reply it was stated that the Tibetan demonstrators had thrown
stones and bottles at the policemen, that, after repeated unsuccessful
admonitions, the police had been forced to fire warning shots and that, in the
ensuing chaos, one monk had been killed and 13 injured, all except two of whom
had suffered only minor injuries and received timely treatment. However, the
new information alleged that indiscriminate shooting had begun, without
warning, immediately after the People's Armed Police appeared in the Jokhang
Square and that, on the day before the incident, people had been warned in
neighbourhood committee meetings that they would be gunned down if they
demonstrated. It was also alleged that at least 18 persons had been killed
and 50 injured, of whom several more died later.
84. The Special Rapporteur requested information on these allegations and in
particular on any investigations by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths, and, in the case of the death sentence, on the legal proceedings under
which the person in question had been sentenced to death.
85. On 5 June 1989, a cable was sent to the Government of China concerning
the incident in Beijing on 4 June 1989 in which a large number of persons
were reported to have been killed as a result of military operations.
According to the information received, Government troops had indiscriminately
shot at unarmed peaceful demonstrators and residents, and tanks had crushed
the tents set up by demonstrators on Tiananmen Square, killing some of those
who were inside. It was also alleged that a number of the victims had been
deliberately killed by troops or crushed by army vehicles. In addition, on
5 June 1989, in Chengdu, Sichuan Province, some 350 peaceful demonstrators had
been killed by troops in a similar manner. The total number of victims was
said to be in the thousands.
86. The Special Rapporteur expressed his serious concern that further deaths
might occur as a result of similar military action, and appealed to the
Government to take all necessary measures to prevent further deaths of
civilians and to protect the right to life of the individual as provided for
in article 6 of the International Covenant on Civil and Political Rights. He
E/CN.4/1990/22
page 19
referred also to the Code of Conduct for Law Enforcement Officials, adopted by
the General Assembly in its resolution 34/169 of 17 December 1979, in
particular to article 3 of the Code which stated: “Law enforcement officials
may use force only when strictly necessary and to the extent required for the
performance of their duty”, and to the commentary to the article. He
requested information on the above—mentioned incidents, and in particular on
the measures taken by the Government to prevent further deaths of civilians.
87. On 16 June 1989, another cable was sent to the Government of China
concerning information that several hundred students had been shot dead in a
summary manner between 4 and 6 June by troops searching for student leaders
and teachers in several Beijing university campuses, including Beijing
University, Dinghoa University and Beijing Teachers' College.
88. It was further alleged that, on 15 June 1989, in Shanghai, three persons
had been sentenced to death after being convicted on charges of sabotage by
setting a train on fire on 6 June, after it had run over demonstrators and
killed six persons. According to those allegations, the trial had been held
in accordance with the procedure adopted in 1983 for death penalty cases of
“criminals who seriously endanger public security”, and during the trial the
rights of the accused had not been fully guaranteed as provided for in
article 14 of the International Covenant on Civil and Political Rights.
89. The Special Rapporteur, having received expressions of fear that more
killings and death sentences might follow, appealed again to the Government to
take all necessary measures to protect the right to life of all the
individuals concerned and requested information on the above—mentioned
incidents and cases.
90. On 20 June 1989, another cable was sent to the Government of China
concerning information received that eight persons had been sentenced to death
by the Intermediate People's Court in Beijing on 17 June on charges of
wounding soldiers, stealing weapons and burning buses and military vehicles
during the military action in Beijing on 4 June 1989. The names of the eight
persons were mentioned in the cable.
91. According to the report, the trial leading to the death sentences of the
eight had been held in accordance with the criminal procedure adopted in 1983
and had been of a summary nature.
92. It was further alleged that over 1,000 persons had been arrested in the
previous two weeks in connection with the incidents in June 1989 in Beijing
and other provincial cities, and accused of criminal offences which could be
punished by death. The Special Rapporteur, having received expressions of
fear that several of the arrested might be sentenced to death in summary
trials and executed shortly, appealed again to the Government to ensure that
the right to life of all concerned be protected, and in particular to stay
execution of those who had been sentenced to death, and requested information
on the above—mentioned cases.
93. On 23 June 1989, another cable was sent to the Government of China
expressing the utmost concern of the Special Rapporteur concerning the report
that the three persons sentenced to death in Shanghai, and seven of the eight
persons sentenced to death in Beijing, who had been the subject of his earlier
appeals, had already been executed. As had been pointed out earlier, it was
El CN. 4/1990/22
page 20
alleged that their trials had been held in accordance with the criminal
procedure adopted in 1983 and that that procedure did not provide the
safeguards to protect the rights of the accused as provided for in article 14
of the International Covenant on Civil and Political Rights. In addition, the
Special Rapporteur referred to a report that 17 persons had been sentenced to
death and executed in Jinan on 21 June 1989, again as a result of trials of a
summary nature.
94. The Special Rapporteur also described several other cases connected with
incidents of public unrest. According to information received, several
persons had been arrested and charged with off ences punishable by death,
10 persons arrested in Shanghai, 2 persons arrested in Beijing, 2 persons
arrested in Harbin and 4 persons arrested in Wuhan. The names of the 18 were
mentioned in the cable.
95. The Special Rapporteur, expressing his concern for the fate of the
above—mentioned detainees and of others who might have been arrested and
charged with similar off ences, urgently appealed to the Government to protect
the right to life of all persons detained in connection with the recent events
and, in particular, to exercise clemency for those who might be sentenced to
death. He also requested information on the cases in question.
96. On 13 July 1989, another cable was sent to the Government of China
concerning a report that two persons, Wang Guiyuan and Zhou Xiangcheng, had
been sentenced to death on 1 July 1989 at a public rally in Chengdu, Sichuan
province, after being found guilty by the Chengdu Intermediate People's Court
of setting fire to vehicles during the rioting in the city on 5 June 1989.
According to the report, the cases were subsequently reviewed by the Sichuan
Higher People's Court.
97. In view of several reports that the procedures applied by the courts did
not meet the standards safeguarding the rights of the accused as provided for
in article 14 of the International Covenant on Civil and Political Rights, the
Special Rapporteur expressed his concern for the fate of the above—mentioned
persons. He appealed to the Government to protect their right to life and, in
particular, to consider exercising clemency for them, and also requested
information on those cases and especially on details of the legal procedure
followed in the trials in which the courts had ruled on the application of the
death penalty.
98. On 2 November 1989, another cable was sent to the Government of China
concerning the allegation that a person named Tseten Norgye, who had been
allegedly detained at Chakpori detention centre in Lhasa since April or
May 1989, might be facing execution. According to the information,
Tseten Norgye had been arrested when the police searched his home and found a
mimeograph machine allegedly used for printing literature about the
independence of Tibet. No formal charge was known to have been made against
him.
99. In view of several recent allegations that, after the unrest in Lhasa in
March 1989, a number of Tibetans had been summarily executed for their
political activities in Tibet, the Special Rapporteur expressed his concern
for Tseten Norgye's fate and well—being. He appealed to the Government to
take every measure to protect his right to life and requested information on
his case and, in particular, on details of the legal proceedings held
concerning his case.
E/CN.4/1990/22
page 21
100. On 3 July 1989, a reply was received from the Government of China to the
Special Rapporteur's cables of 5, 16 and 20 June 1989 concerning incidents and
cases of death sentence and executions in the context of the unrest in various
parts of China in June 1989. According to the reply, a counter—revolutionary
rebellion had erupted in Beijing on 3 and 4 June 1989. A very small number of
ruffians had started the rebellion in an attempt to overthrow the Government
and topple the socialist system in China, and people not knowing the truth had
been instigated and incited to join them in assaulting, beating, kidnapping
and mutilating officers and men of the People's Liberation Army (PLA), the
police and public security personnel who were enforcing martial law in Beijing
under order.
101. It was further stated that they had smashed and burned military vehicles,
seized weapons and ammunition, attacked government and party institutions,
looted shops, impeded public transport and set buildings on fire, and that,
under those circumstances, the martial law enforcement troops had taken
measures to put down the rebellion. This had been a just action aimed at
defending the law and social order and protecting the life and property of the
people, and endorsed and supported by the people in Beijing and throughout the
country.
102. With regard to the incident in Beijing, the reply stated that, in the
small hours of 4 June, when the students had left Tiananmen Square, no one had
been killed, let alone crushed by tanks. It was stated that the troops, while
marching into the city, had been besieged and attacked by ruffians, and could
not but resort to emergency measures to quell the rebellion, and that although
the troops had exercised the maximum restraint to avoid injuring the masses
nearby, some civilians had nevertheless been inadvertently wounded as the
ruffians were mingled in the crowd, which was an unavoidable mishap.
103. According to the reply, initial calculations showed that, in the outbreak
of the rebellion in Beijing, which had begun on 3 June, over 6,000 PLA
off icers and men and over 3,000 rioters and masses had been wounded; and that
the death toll of army men was in the dozens and that of ruffians, students
and civilians over 200.
104. The reply also stated that, in quelling the rebellion, the PLA, the
police and public security personnel of China had by no means violated the
norms stipulated in the Code of Conduct for Law Enforcement Officials adopted
by the General Assembly resolution 34/169.
105. With regard to the allegation that some 350 people had been killed by
troops in Chengdu, Sichuan province, the reply denied it by stating that, on
5 June, a group of ruffians had engaged in wanton beating, smashing, looting,
burning and other criminal acts in Chengdu, that the public security personnel
and police had punished the handful of thugs and arrested a number of
criminals on the spot, and that these had been necessary measures for
maintaining the Constitution, protecting the interests of the people and
stabilizing social order.
106. According to the reply, social order had been quickly restored and the
people were leading a normal life since the enforcement of martial law in
Beijing; the allegation that further deaths might occur as a result of
military action was therefore totally unfounded.
E/CN. 4/1990/22
page 22
107. The reply further stated that only those who had broken the criminal law
had been brought to justice, that the judiciary organs followed the principle
of taking facts as a basis and law as a yardstick and tried their cases and
meted out punishment strictly through legal proceedings, and that there had
been no summary executions.
108. With regard to the three cases of death sentence and execution in
Shanghai, the reply stated that, on the evening of 6 June, some thugs, taking
advantage of a railway accident, had created a serious riot by burning a
passenger train, assaulting and beating officers and men from public security
organs, fire department and police, and that, as a result, nearly 100 officers
and men had been wounded, and nine train carriages, six police motorcycles and
a large amount of mail burned. It was also stated that, on 15 June, three
criminals, Xu Guoming, Bian Hanwu and Yan Xuerong, found guilty of the above
crimes, had been sentenced to death by the Shanghai Intermediate People's
Court, that those criminals had appealed against the judgements and that, on
20 June, the Shanghai Higher Peoples's Court had rejected their appeals and
confirmed the original judgement.
109. With regard to the eight cases of death sentences in Beijing, the reply
stated that the cases concerned persons engaged in assault, rampage, looting
and burning during the counter—revolutionary rebellion, that, on the basis of
hard evidence, the Beijing Intermediate People's Court had sentenced the eight
criminals to death on 17 June, that seven of the eight had appealed to the
Beijing Higher People's Court and that the Beijing Higher People's Court had
made a thorough review of the facts and evidence, of the application of the
law as well as of the entire judicial procedure, and concluded that the
original judgement was correct, the punishment meted out appropriate and the
judicial procedure lawful, and had therefore rejected the appeals and
confirmed the original judgement.
110. On 14 September 1989, a reply was received from the Government of China
to the Special Rapporteur's cable of 13 July 1989 concerning two cases of
death sentence in Chengdu, Sichuan province.
ill. The reply stated that the two persons were criminals who had committed
arson and caused great losses to public property, the circumstances being
especially serious, and that they had been sentenced to death at the first
trial by the Intermediary People's Court of the Chengdu Municipality and
executed after examination and approval by the Higher People's Court of
Sichuan Province. It was also stated that very strict restrictions were
placed on the application of the death penalty in Chinese law, that the
criminal law not only provided for the scope of application of the death
penalty and criteria for sentencing to the death penalty, but also provided in
detail for the judgement, approval and execution procedures for the death
penalty in criminal proceedings and that according to the procedure, except
for judgements pronounced by the Supreme People's Court in accordance with the
law, all sentences of death should be submitted to the Supreme People's Court
for approval.
112, It was further stated that, in accordance with the provisions of the
Organizational Law of the Court of the People's Republic of China, the Supreme
Court had decided, in 1983, to empower the higher people's courts of the
provinces, autonomous regions and municipalities directly under the Central
Government to examine and approve the death penalty in cases seriously
endangering public security and social order, such as intentional killing.
E/CN.4/1990/22
page 23
113. The reply stated that arson constituted a crime seriously undermining
social order, that, according to the criminal law, “whoever sets fires that
lead to people's serious injuries or death or cause public property to suffer
major losses is to be sentenced to not less than 10 years of fixed—term
imprisonment, life imprisonment or death” (art. 106), and therefore that the
approval of the death sentences of the two arsonists by the Higher People's
Court of the Sichuan province had been in full conformity with Chinese law and
was not in violation of the relevant provisions of the International Covenant
on Civil and Political Rights.
Colombia
114. On 13 February 1989, a cable was sent to the Government of Colombia
concerning alleged death threats to Angela Tobon Puertas, president of the
Association of Secondary School Teachers of Antioquia.
115. In view of a number of similar reports in previous months that persons
had been killed by paramilitary groups after receiving death threats, the
Special Rapporteur expressed his concern for the life of Angela Tobon Puertas,
appealed to the Government to take the necessary measures to protect her life
and requested information on the case.
116. On 13 March 1989, a letter was sent to the Government of Colombia
concerning the alleged activities in Colombia of unidentified individuals or
paramilitary groups that had resulted in the assassination of individuals
after repeated threats. These activities were allegedly primarily directed
against members and leaders of left—wing political movements, trade union
federations, civic organizations in general, and even officials of the
judiciary.
117. According to information received, the circumstances indicated possible
links between these paramilitary groups and members of the security forces,
which might have allowed these groups to act with impunity. In most
instances, conclusive investigations of the facts were allegedly not carried
out.
118. The Special Rapporteur described six such cases as follows:
(a) Killing of Teófilo Forero, labour leader, executive of the Communist
Party and his wife, Leonilde Mora, José Antonio Sotelo, member of the Central
Committee of the Communist Party, and José Antonio Toscano, driver of the
vehicle in which they were travelling, on 27 February 1989, in Bogota by
individuals belonging to paramilitary groups;
(b) Killing of José Anequera, leader of the Patriotic Union (UP), on
3 March 1989, in Bogota Airport by paramilitary elements;
(c) Killing of Luis Eduardo Yayas, President of the Metalworkers ' Trade
Union Federation and a member of the national Executive Committee of the
Unified Federation of Workers (CUT), in Villavicencio, Meta, on
23 February 1989 by individuals belonging to a paramilitary group;
(d) Killing of Gladys Naranjo Jaraniillo, member of the TIP, Secretary of
the municipal council of Remedios, Antioquia, on 21 February 1989, in
Monte Blanco, Remedios. Her husband, Alf redo Gómez Doria, a UP adviser, was
also murdered on 19 September 1988 by unidentified persons;
El CN. 4/1990 / 22
page 24
(e) Killing of Francisco Dumer Mestra, Avianca employee, leader of the
Córdoba Workers' Trade Union Federation, member of the National Executive
Committee of the CUT, on 13 February 1989, in Monterla, Córdoba;
(f) Killing of 11 persons, all members of a police investigation
commission, on 18 January 1989 by a group of armed men, some of them wearing
military uniforms, in the area of La Rochea, San Vincente de Chucurl,
Santander. The commission had been sent to the Magdalena Medio region for the
purpose of investigating a series of massacres, political assassinations and
disappearances that had taken place there and for which various paramilitary
groups and members of local military brigades appeared to be responsible. The
victims were: two magistrates, two court clerks, a police investigator, four
members of the police technical unit and two drivers.
119. In addition, it was alleged that representatives of the Association of
Relatives of Missing Persons, political parties and trade union federations
who spoke about the situation before. the Commission on Human Rights had been
threatened. Their names were given as follows: Rita Ivonne Tobon, mayor of
Segovia; Aida Abella and Hector José López, members of the CUT Executive
Committee; and Gloria Mancilla de DIaz, president of the Association of
Relatives of Missing Persons.
120. The Special Rapporteur expressed concern about the existence and
dimensions of this phenomenon and requested information on the legal and other
steps taken by the Government to combat the activities of paramilitary groups,
on preventive measures to protect the lives of those under death threats and
also on the investigations carried out and steps taken by the authorities,
including the judiciary, to bring to trial the persons responsible for the
threats and assassinations.
121. On 26 May 1989, another cable was sent to the Government of Colombia
concerning alleged death threats against Alvaro Enrique Villamizar Mogollon,
president of the Cristian Roa Human Rights Committee, at the Industrial
University of Santander in Bucaramanga, Department of Santander, and of
the University's trade union. According to information received,
Villamizar Mogollon and his family had been the victims of harassment
since 1987, on 15 April 1989 his house had been searched by members of the
Departamento Administrativo de Seguridad (DAS) and uniformed soldiers from the
Fifth Brigade, and Villamizar and his fellow worker had been taken to the
Fifth Brigade headquarters for interrogation and further harassment.
Villamizar had subsequently submitted a complaint to the Regional Procurator
of Bucarainanga and requested official protection.
122. The Special Rapporteur, in view of past reports that several students and
employees of the Industrial University of Santander had been killed after
receiving death threats or been harassed, expressed his serious concern for
the life of Alvaro Enrique Villamizar Mogollon. He also appealed to the
Government to take the necessary measures to protect his life and requested
information on the case, in particular on the results of the official
investigation and the measures taken by the authorities.
123. On 5 July 1989, another cable was sent to the Government of Colombia
concerning alleged death threats and a bomb attack directed at
Ricardo Rodriguez Henao, vice—president of the Union Patriótica (UP) for the
department of Meta. Rodriguez Henao had been reportedly investigating the
E/CN.4/1990/22
page 25
killing of Luis Eduardo Yaya, a trade unionist and a UP councillor, in
February 1989, and had also been involved in the investigation of a massacre
of civilians which had occurred in the region in February 1989. In both cases
paramilitary groups were alleged to be responsible for the killings.
According to the information, Rodriguez had received a death threat on
25 May 1989, and on 23 June 1989 his appartment building in Villavicencio had
been destroyed by a bomb explosion, although he and his family escaped unhurt.
124. The Special Rapporteur appealed to the Government to take all necessary
measures to protect Rodriguez Henao and requested information on the measures
taken in that regard.
125. On 24 July 1989, another letter was sent to the Government of Colombia
concerning violations of the right to life with the description of 18 cases of
killing, three cases of attempted killing and seven cases of death threats, as
follows:
Cases of killing
(a) Emilio Montalvo, on 22 February 1989 in San Andrés de Sotavento,
Comuna Molina;
(b) Sister Teresa de Jesus RainIrez Vanegas, a nun belonging to the order
of Hermanas de la Compai iia de Maria — Nuestra Senora La Enseiianza and to the
Teachers' Union of the Department of Antioquia (ADIDA) on 28 February 1989 in
the high school at Cristales, Municipality of San Roque, Antioqula;
(c) Jorge Luis Garcés Castillo, high school teacher in the town of
Miraflores, Municipality of Mistrato, Risaralda and leader of the Union
Patridtica, on 12 March 1989;
(d) Luis Alberto Cardona Mejia, teacher at the National University of
Manizales, president of the Caldas Union Patriótica and of the Gran Caldas
Human Rights Committee, on 4 April 1989, in a local train between Chinchina,
Caldas and Santa Rosa, Risaralda;
(e) Leon Darlo Avendai io Palacio and Argiro Alonso Avenda o Palacio, on
11 April 1989;
(f) Libardo Antonio Rengito, leader of the Sindicato Agrarlo Palestina
(Palestina Farming Union), shot on 29 April 1989 and died in Manizales
Hospital on 12 May 1989;
(g) José JuaquIn Vergara BohOrquez, a member of the Union Sindical
Obrera (Workers' Trade Union), on 30 April 1989 in Barrancabermeja;
(h) Esperanza DIaz, trade union leader, on 30 April 1989;
(i) Alvaro Gonzalez Sanchez, a prominent member of the Liberal Party, on
4 Nay 1989 in the centre of Bogota;
(j) Dora Bolivar, aged 16, who had disappeared on 13 May 1989, found
dead with signs of torture in Pe alisa, Municipality of Salgar;
E/ CN. Lt / 1990/22
page 26
(k) Adolf o Perez Arosemana and Carlos Enrique Morales, journalists and
members of the Central Workers' Union of Colombia (CUT) of the Department of
El Valle. Their bodies, showing signs of torture, were found in Cali on
21 May 1989, a day after their disappearance;
(1) Humberto Blanco, teacher and member of the Sindicato de Maestros de
Magdalena (Teachers' Union of Magdalena) and leader of the Ciudad Plata Union
Patriótica on 22 May 1989;
(m) Killing of 17 children during the last week of May and the first
week of June 1989, in the streets of Bogota;
(n) Sergio Restrepo Jarainillo, Jesuit priest of the parish of Tierra
Alta, Córdoba, on 3 June 1989;
(o) Hernando Fierro Manrique, lawyer and traffic superintendent in the
town of Tuluá, on 3 June 1989;
(p) Orlando Higuita, municipal councillor in Barrancabermeja, member of
the Unión Patriótica and of the Central Committee of the Communist Party, in
Barrancabermeja on 12 June 1989;
(q) Alejandro Cardona Villa, vice—chairman of the Union PatriOtica in
the Department of Antioquiá, on 29 June 1989;
(r) César Arcadio Cerrdn, trade union leader, member of El Cauca Human
Rights Committee, on 6 July 1989 in Popayán, El Cauca;
Cases of attempted killing
(a) Luis Alberto Garcia, secretary of the Floresta Sta. Rosa indigenous
community, and Pedro Chiripua, on 10 February 1989;
(b) Brigadier General Miguel A. Maza Nárquez, head of the Departamento
Adininistrativo de Seguridad (DAS) (Administrative Security Department), on
30 May 1989;
(c) Luis Eduardo Galindo, vice—chairman of the National Executive Board
of the Uni6n Sindical Obrera (Workers' Trade Union), on 6 June 1989 in
Barrancabermeja;
Cases of death threats
(a) Luis Mayasa, Chairman of the Federation of Workers of El Meta;
(b) Alvaro Villarizar, Chairman of the Union of Workers of the
Industrial University of Santander (SINTRAVIS), in Bucarainanga, Santander;
(c) Ivan Castellanos, member of the Union of Workers of the Industrial
University of Santander (SINTRAVIS) and of the Executive Committee of the
Union of Workers of Santander (USITRAS), in Bucaramanga, Santander;
(d) Henry Taite and Ivan GOmez Arriza, chairman and vice—chairman of the
Regional Executive Board of CUT, in Santa Marta;
E / CN. 4 / 1990 / 22
page 27
(e) Omar Niebles, chairman of the Gremlo Regional de Trabajadores
Portuarios (Regional Union of Port Workers) and member of the Executive
Committee of CUT in Santa Marta;
(f) Gonzalo Castaiio and Miguel Cardona, chairman and vice—chairman of
the Federación de Trabajadores de Caldas (Caldas Workers' Federation)
(FEDECLADAS—CUT) in Caldas;
(g) Members of the executive boards of the trade unions of Curtiembres
Titan, Cementos de Valle and Municipales, and leaders of the CUT in the
Department of El Valle.
126. On 9 August 1989, another cable was sent to the Government of Colombia
concerning the killing of Maria Elena Diaz Perez on 28 July 1989 and death
threats directed at several other judicial officers of MedellIn. These
judicial officers were said to be: Yadira Ester Cervantes Barrios,
Marta Luz Hurtado and Rocio Berrero, respectively magistrates of the seventh
and sixth courts of public order and examining magistrate of the third
specialized court, as well as Marta Oquendo Rodriguez, Dr. Diaz's legal
adviser. According to the information, Dr. Cervantes had been investigating
the involvement of military officers of the El Bagre base in the
disappearances and killings of peasant leaders, and Dr. Hurtado had been
conducting investigations into the Segovia massacre and had accused various
members of the military of direct participation in it.
127. The Special Rapporteur appealed to the Government urgently to take all
measures at its disposal both to protect the lives of the judicial officers
who had been threatened and to ensure the continuity of the investigations
into summary or arbitrary executions, and emphasized the importance of
clarification by the judicial branch of government of cases falling within its
competence and punishment of those guilty of violations of the right to life.
He also requested information on the measures taken by the Government.
128. On 6 October 1989, a letter was sent to the Government of Colombia
transmitting alleged cases of killing by hired killers or paramilitary groups,
supported by members of the security forces or with their connivance, as
follows:
(a) Benjamin Sotelo, José Francisco Mantilla Ojeda and
José Santos Carepa, members of the Miners Union in the town of Ataco,
Department of Tolima. It is alleged that on 9 May 1989 they were attacked by
hired gunmen who killed the first two persons named and wounded the third;
(b) Teodoro Quintero, legal adviser to the Acuas y Empos Nacionales
(SINTRACUEMPONAL) trade union, Bucarainanga, allegedly disappeared on
11 May 1989 at 8.30 a.m. and was found dead shortly afterwards on the road to
the town of Piedecuesta, Santander;
(c) Ismael Montes Pe ia and Evert Manuel Cabrera, a secondary school
teacher and a 17—year old pupil, respectively, were allegedly killed by hired
gunmen on 26 May 1989 in the Guadual settlement, in the Municipality of
Arbolete, Urabá Antioquia. Mr. Montes was a member of the Asociación de
Institutores de Antioquia, (Antioquia Teachers Association) ADIDA;
E/ CN. 4 / 1990/22
page 28
(d) Maria Elena Diaz Perez, Third Judge at the Third Public Order Court,
a member of the Asociación Nacional de Jueces y Empleados de la Raina
Jurisdiccional (ASONAL JUDICIAL) (National Association of Judges and Legal
Employees), and responsible for investigations into the Urabá and Córdoba
massacres, was allegedly killed by hired gunmen on 28 July 1989 in MedellIn;
(e) Manuel José Zapata Carmona and Omar Leon Gómez Mann, teachers at
the University of Antioquia and members of the Asociación de Prof esores
Universitanios (ASPU) (University Teachers Association), were allegedly killed
by hired gunmen on 29 July 1989 in the town of Bello, Antioquia;
(f) Henry Cuenca Vega, a member of the National Governing Council of the
CUT, was allegedly killed by three hired gunmen in front of his home in Bogota
at 7.30 p.m. on 30 July 1989;
(g) Gilberto Santana, headmaster of the Algarrobo Corrigimiento College
and a member of the Colombian Federation of Educators (rECODE), and of CUT,
was allegedly killed on 1 August 1989 at 6 a.m. by hired gunmen in the town of
Fundación, Magdalena;
(h) Ivén Restrepo and Fidel Roa, respectively a foreman and labourer on
the GuatapurI banana plantation and members of the National Union of Farm
Workers (SINTRAINAGRO) were allegedly found dead on 1 August 1989 after having
disappeared three days previously in the town of Chigorodó, Antioquia;
(1) Daniel José Espitia and Fabio Marulanda Pupa, respectively general
treasurer of the Asociación Nacional de Usuarios Campesinos (ANUC) (National
Association of Peasant Consumers), and an organizer for the UP political party
in Ayapel (Córdoba), were allegedly killed by hired gunmen on 9 August 1989 at
6 p.m. in the district of Cantaclaro, Monterla, Córdoba;
(j) Gustavo de Jesi is Mira Ramirez, a member of the Asociación de
Institutores de Antioquia (ADIDA) (Antioquia Teachers Association), was
allegedly killed by hired gunmen on 10 August 1989 as he left the Union t s
headquarters in Peldar, in Medellin, Antioquia;
(k) Juan Rivera, Vice—president of the Sindicato Unico de Trabajadores
de Materiales de la Construcción (SUTIMAC) (Union of Workers in the Building
Materials Industry), was killed by hired gunmen on 11 August 1989 in the town
of Puerto Nare, Antioquia;
(1) Orlando Roa Grimaldus, a worker in the Santander Energy Company and
member of the Sindicato Nacional de Trabajadores Eléctricos de Colombia
(SINTRAELECOL) (National Union of Electrical Workers of Colombia), was
allegedly killed by hired gunmen during the night of Sunday, 13 August 1989 at
his home in Bucaramanga, Santander;
(m) Canlos Enrique Valencia, a judge of the Bogota Higher Court, was
allegedly killed by hired gunmen on 16 August 1989 in Bogota;
(n) Luis Carlos Galán Sarmiento, a pre—presidential candidate of the
Liberal Party, a Senator and founder member of the Permanent Committee for the
Defence of Human Rights, was killed, presumably by paramilitary elements on
18 August 1989 while taking part in a political meeting in Soacha,
Cundinaniarca;
E / CN. 4 / 1990 / 22
page 29
(o) Carlos Arturo Zapata, a councillor of the Frente Popular de
Santa Fe, Antioquia, was allegedly killed on 7 September 1989 when he was on
the way from MedellIn to Santa Fe;
(p) Sebastian Mosquera, an adviser to the Sindicato Nacional de
Trabajadores de la Industria del Agro (SINTRAINAGRO) (Agro—industry Workers'
Union) and leader of the Central Unitaria de Trabajadores de Colombia (CUT)
(United Federation of Workers of Colombia), was allegedly killed on
9 September 1989 by hired gunmen in the region of Urabá, Antioquia;
(q) Henry ]3ello Ovalle, an active member of his community, was allegedly
shot in the head and killed by the commander on duty at the police post in
Bosa, Bogota, during the night of 23 September 1989.
129. On 20 October 1989, during the Special Rapporteur's visit to Colombia, a
letter was sent to the Government concerning the following cases:
(a) Rita Ivonne Tobon Areiza, Mayor of Segovia, Department of Antioquia,
was under constant death threat. Her brother was said to have been
assassinated on 3 August 1989;
(b) Sergio NuI iez, a trade union leader of SINTRAINAGRO in Urabá, was
arrested on 14 October 1989 by members of the Pedro Nel Ospina Battalion in
San Pedro de Urabá. His detention was denied by the military authorities;
(c) Arturo Salgado Carzón , Manuel Libardo Diaz Navaz and
Nilson Mautilla, investigative agents of the Dirección Nacional de Instrucción
Criminal and the only survivors of the La Rochela massacre, were threatened
with death by a paramilitary group called “Los Masetos”.
130. The Special Rapporteur, expressing his concern for their lives, appealed
to the Government to take the necessary measures to protect their right to
life and requested information on these cases, and in particular on the
measures taken by the Government to guarantee their safety.
131. On 10 July 1989, a letter was received from the Government of Colombia
transmitting a document prepared by the Office of the Presidential Councillor
for the Defence, Protection and Promotion of Human Rights and containing five
sections, as follows:
Criminal self—defence, vigilante or “paramilitary” groups;
Responsibility of State agents in disappearances and alleged executions;
Repression of fundamental freedoms;
Persecution of trade unionists;
Threats to various sectors of the civilian population.
132. With regard to the criminal self—defence, vigilante or “paramilitary”
groups, it was stated that the Government of Colombia was fully aware of the
seriousness of the existence of those groups and had taken measures aimed at
identifying, combating and dismantling them, and that it had succeeded in
uncovering the network of links connecting those groups with criminals engaged
El CN .4 / 1990 / 22
page 30
in the narcotics traffic, locating the groups and seizing weapons, equipment
and documents. It was further stated that, under the powers conferred by the
Constitution, a number of emergency measures were being put into effect
(decrees Nos. 813, 814 and 815 of 19 April 1989), namely, establishment of a
special corps under the command of the Director—General of the National Police
to combat these groups of criminals, establishment of a Special Commission of
Ministers and senior officials in the security forces aimed at controlling and
combating the criminal groups, control of arms traffic and suspension of legal
provisions which could serve as a legal basis for the organization of armed
civilian self—defence groups.
133. With regard to the responsibility of State agents in disappearances and
alleged executions, it was stated that in all reported cases independent and
impartial investigations had been conducted. These investigations were said
to be of a disciplinary character conducted by the Attorney—General of the
nation with a view to imposing administrative penalties and a criminal
investigation. It was stated that the Government was aware that in some cases
a situation of impunity might arise and that it had adopted measures to
strengthen the system of justice and criminal investigation, It was also
stated that in no instance had the Government adopted an attitude of
complicity towards such abuses.
134. It was emphasized that the Colombian society and the Government had to
struggle against armed, violent and brutal subversion that used terrorist
methods even against the civilian population and managed to ally itself with
narcotics traffickers, and that the Government had been forced to adopt
emergency measures.
135. With regard to the persecution of trade unionists, it was stated that the
Government was aware that trade union activists were among the groups most
vulnerable to the criminal action of the above—mentioned groups and had
adopted protective measures.
136. On 18 July 1989, a reply was received from the Government of Colombia to
the Special Rapporteur's letter of 13 March 1989 transmitting information on a
number of the cases communicated to the Government, as follows:
(a) Teofilo Forero. Leonilde Mora. Jose Antonio Toscano and
Jose Antonio Sotelo . Proceedings were in progress at the Fourth Public Order
Court in Bogota and the cases were under investigation;
(b) Jose Antequera . The 36th Court of Criminal Instruction of MedellIn
had ordered preventive detention of a member of a group called “Los Buhos”.
Moreover, the Fourth Public Order Court of Villavicencio had ordered
confinement of a member of a group of hired gunmen in connection with the
killing;
(c) Francisco Dumar Mestre . The case was under investigation by the
Regional Attorney of Monteria;
(d) The “La Rochela” case . The Sixth Public Order Court of Bogota and
the Fifth and Sixth Public Order Courts of Bucarainanga were investigating the
case. According to the Technical Corps of the Judicial Police, seven persons
had been interrogated under detention. Nine others had been interrogated but
released. At the same time, the 126th Court of the Military Penal Instruction
E / CN .4 / 1990 / 22
page 31
belonging to the 14th Brigade in Puerto BerrIo (Antioquia) was also
investigating the case and had taken action against the army lieutenant in
command of the military base in Cainpocapote and a sergeant, ordering their
confinement. The investigation was still under way;
(e) Gloria Mpncillp de Dipz . The case of death threat had been
investigated by the Departamento Adininistrativo de Seguridad (DAS);
(f) Rita Ivpnne Tobon . The death threats had been made by paramilitary
groups and on several occasions she had been offered escort service by members
of the National Police; a private escort had also been given.
137. On 8 September 1989, a letter was received from the Government of
Colombia concerning the measures adopted by the Government in connection with
drug—trafficking. It was stated that criminal drug—trafficking had become
increasingly dangerous and was threatening the core of society and endangering
the institutional stability of the country, requiring special, prompt and
effective legislation. It was also stated that, on 17 and 18 August 1989,
three persons, Carlos Valencia Garcia, a judge of the Bogota Higher Court,
Colonel Valdemar Franklin Quintero and Luls Carlos Galán Sarmiento, a Senator
and presidential candidate of the Liberal Party, had fallen victim to
terrorist assaults by the criminal organizations engaged in illicit
drug—trafficking, and that these criminal acts were additional to a long
series of attacks on judges, political leaders, civil servants, soldiers,
policemen and citizens.
138. It was further stated that the Government had adopted a series of
exceptional measures to cope with this wave of criminal acts and to reinforce
the action already taken to combat drug—trafficking and other crimes.
139. On 14 November 1989, a reply was received from the Government of Colombia
to the Special Rapporteur t s letter of 20 October 1989 concerning the case of
Sergio Nuiiez Monterrosa, stating that, on 18 October 1989, Nui iez had been
located in Lorica by a commission of the Committee of Detained and Disappeared
Persons, the mayor and the ombudsman of San Pedro. The reply further stated
that, on 19 October, Nui xez had presented himself in Turbo, Antioquia, and had
been questioned at the 21st Court of the Military Penal Instruction. A copy
of his statement was attached to the reply. It was made clear that he had
never been detained by the military authorities.
140. On 12 December 1989, a letter was received from the Government of
Colombia transmitting information concerning 178 cases of killing of trade
unionists in 1987 and 1988. According to the information, all these cases
remained under investigation by various branches of the judicial authorities.
141. On the same day, a reply was received from the Government of Colombia to
the Special Rapporteur's letter of 6 October 1989, stating that the cases of
Henry Cuenca Vega, Daniel José Espitia and Fabio Marulanda Pupo were under
investigation by the judicial authorities. With regard to the case of
Henry Bello Ovalle, it was stated that a policeman had been detained at the
National Police detention centre and that criminal proceedings were under way
before Military Criminal Court No. 78. As for the disciplinary proceedings,
it was stated that a decision had been taken on 23 October 1989 urging the
dismissal of the above—mentioned policeman and that, in addition, an
investigation was being carried out to determine the involvement of two other
agents in the case.
E / CN.4 / 1990 / 22
page 32
142. On the same day, a reply was received from the Government of Colombia to
the Special Rapporteur's letter of 20 October 1989 stating that, with regard
to the case of Rita Ivonne Tobon Areiza, mayor of Segovia, who had allegedly
received death threats from paramilitary groups, the State security
authorities, and in particular the National Police, had offered to give
protection to that public official.
Democratic Yemen
143. On 30 October 1989, the Special Rapporteur sent a letter to the
Government of Democratic Yemen transmitting allegations that a person named
Farid Awadh Haidara had died in detention on 25 June 1989 at Ataq prison
in the governorate of Shabwa after being arrested in February 1988.
Farid Awadh Haidara was said to be among those who had fled the country after
the events of January 1986 and returned upon receiving a letter from the
Minister of State Security at Aden guaranteeing their safety and adequate
employment, but who had later been arrested and detained without charge.
144. The Special Rapporteur requested information on those allegations, in
particular on any investigations by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
145. On 1 March 1989, a reply was received from the Government of
Democratic Yemen to the Special Rapporteur's letter of 9 November 1988.
According to the reply, on 13 January 1986, Democratic Yemen had been faced
with a conspiracy aimed at seizing power, destroying the national democratic
system and impairing the progress and achievement made by the people of
Democratic Yemen. It was stated that, on 2 December 1986, the Supreme Court
of the Republic had begun its hearing of criminal case No. 3 of 1986, brought
by the Public Prosecutor of the Republic against persons involved in
organizing, planning and carrying out the conspiracy of 13 January, and that
the Public Prosecutor had brought five criminal charges against 138 accused
persons, 48 of whom charged in absentia , namely high treason, acts of
terrorism, aiding and abetting acts of terrorism, acts of sabotage, and aiding
and abetting acts of sabotage.
146. It was further stated that the Court had held 143 public hearings before
delivering its judgements, that the trial had been conducted in accordance
with the legal regulations governing litigation and the general principles set
forth in the Penal Code, the Code of Criminal Procedure, Act No. 3 of 1980
(concerning the organization of courts of law) and other procedural
enactments, that the Court had shown due regard for the procedural
requirements and safeguards, particularly the right of the accused to defend
himself, that that right had been respected by the appointment of attorneys to
defend the accused at State expense, in accordance with the constitutional
principle concerning the obligation to ensure legal assistance and defence,
that the accused, appearing in person before the Court in the presence of
their attorneys, had been acquainted with the charges brought against them and
had been given an opportunity to reply thereto and to provide explanations in
that connection, and that they had also been given an opportunity to submit
and challenge evidence, to call and cross—examine witnesses and to submit
petitions and rebuttals at all stages of the hearing.
E / CN .4/1990 / 22
page 33
147. It was stated that, on conclusion of its hearings, the Court had
on 12 December 1987 pronounced the death sentence on 19 persons convicted
in absentia and on 16 persons convicted in their presence, and various terms
of imprisonment on others.
148. It was further stated that the People's Supreme Council had confirmed
on 27 December 1987 the death sentences passed on six persons convicted
in absentia and on five persons convicted in their presence and commuted the
death sentences passed on 13 persons convicted in absentia and on 15 persons
convicted in their presence to 15 years' imprisonment.
149. It was also stated that, on 31 December 1987, the Presidium of the
People's Supreme Council had issued a decree concerning the comprehensive
general amnesty which did not apply to persons who had been convicted by the
Supreme Court of the Republic in criminal case No. 3 of 1986 and who had been
sentenced to death or to a term of imprisonment.
150. With regard to the three alleged cases of death in detention, it was
stated that the allegations were totally unfounded. According to the reply,
Said Bamu'awwad Bagarwan had died as a result of illness and there was no
detainee of the name of Ahmad Bargash bin Daghar Bagarwan. Au Said al—Ainondi
was stated to be alive, well and free.
El Salvador
151. On 7 February 1989, the Special Rapporteur sent a cable to the Government
of El Salvador concerning alleged death threats by a group called
Anti—Communist Revolutionary Extermination Action Group (ARDE) against
Herberth Wilfredo Barillas, vice—rector of the University of El Salvador,
Mario Aif redo Cabrera, administrator general of the University and
Luis Argueta Antillon, the rector.
152. The Special Rapporteur appealed to the Government to take the necessary
measures to protect the lives of these persons, as well as the lives of
members of the University of El Salvador in general, a number of whom,
including professors and students, had reportedly been assassinated in the
previous months, and requested information on these cases.
153. On 24 July 1989, a letter was sent to the Government of El Salvador
transmitting allegations that, since 1 January 1989, killings had continued to
occur, in the context of the internal conflict affecting the country.
154. The following cases were alleged to be attributable either to members of
the armed forces, security bodies and civil defence patrols or to paramilitary
groups, the so—called “death squads” which, according to the reports, were
tolerated by or had ties with certain authorities and members of the armed
forces:
(a) José Arnaldo RamIrez Alvarez, aged 8, Barrio El Calvario,
Jurisdiction of Mejicanos, Department of San Salvador, on 1 January 1989, by
soldiers of the General Eusebio Bracatnonte Army Battalion;
(b) Silvia Concepción Hernández Alvarado, aged 16, student, canton
El Marquezado, Jurisdiction of Santiago de Maria, Department of Usulután,
on 1 January 1989, by a soldier of the Army Atonal Battalion;
E/CN.4/1990/22
page 34
(c) Santos Regino Rainirez Perez, aged 26, day labourer, on the bank of
the river Torola, canton of Estancia, Jurisdiction of Cacaopera, Department of
Morazán, on 23 January 1989, by members of the Military Detachment No. 4;
(d) César Edgardo CrespIn PeI iate, aged 26, day labourer, canton of
Las Flores, Jurisdiction of Jayaque, Department of La Libertad, on
26 January 1989 by a member of the Civil Defence Patrol of Jayaque;
(e) Victor Manuel Henriquez Claros, aged 32, day labourer, on the road
from the canton of El Tablón to the canton of Los Horcones, Jurisdiction of
San Francisco Javier, Department of Usulután, between 30 January and
2 February 1989, by soldiers of the Oromontique Battalion of the Sixth
Infantry Brigade;
(f) José Rafael Romero Perez, aged 40, small farmer, Jurisdiction of
San Francisco Javier, Department of Usulután, between 30 January and
2 February 1989, by soldiers of the Oromontique Battalion of the Sixth
Infantry Brigade;
(g) José Cerardo Cómez, aged 23, office worker, canton El Suncita,
Jurisdiction of Acajutia, Department of Sonsonate, on 2 February 1989 by
five uniformed soldiers;
(h) Diógenes Israel Gonzalez Rivera, aged 18, cobbler, Barrio El Angel,
Jurisdiction and Department of Santa Ana, by a person in plain clothes said to
belong to the Criminal Investigation Department (SIC) of the National Police;
(i) Mario Antonio Flores Cubas, aged 32, university student, Barrio
Santa Lucia, San Salvador, arrested on 2 February 1989 by five uniformed
soldiers and found dead on 3 February 1989;
(j) Teodoro Sanchez BenItez, aged 28, day labourer, canton of Talchigua,
Jurisdiction of Aramoala, Department of Morazán, on 19 February 1989, by
soldiers of Military Detachment No. 4 billeted in San Francisco Cotera;
(k) Miguel Colindres Panarneiio, aged 20, day labourer, canton of
Las Animas, Jurisdiction of Santiago Nonualco, Department of La Paz, arrested
on 28 February 1989 by uniformed soldiers belonging to the Military Detachment
of Engineers of the Armed Forces (DMIFA) and found dead on 7 March 1989;
(1) Andrés Colindres Vásquez, aged 55, day labourer, canton of
Las Animas, Jurisdiction of Santiago Nonualco, Department of La Paz, arrested
on 18 February 1989 by uniformed soldiers belonging to the Military Detachment
of Engineers of the Armed Forces (DMIFA) and found dead on 7 March 1989;
(m) Maria Luisa Paname io de Colindres, aged 50, household servant,
canton of Las Animas, Jurisdiction of Santiago Nonualco, Department of La Paz,
arrested on 28 February 1989 by uniformed soldiers belonging to the Military
Detachment of Engineers of the Armed Forces (DMIFA) and found dead on
7 March 1989;
(n) Alvaro Felix Cisneros Navidad, aged 30, small trader, Colonia
San Rafael, Jurisdiction of Soyapango, Department of San Salvador, on
16 March 1989, by Air Force personnel;
E/CN.4/1990/22
page 35
(o) Emiliano Sanchez, aged 40, labourer, canton of Cimarrón,
Jurisdiction of Puerto de la Libertad, Department of La Libertad, on
16 March 1989, by three soldiers belonging to Bracainonte Battalion;
(p) Juan José Santos Polanco, aged 23, farmer, canton of
San Miguel Ingenio, Jurisdiction of Metapán, Department of Santa Ana,
on 5 April 1989, by a member of the San Miguel Ingenio Civil Defence.
The cases of murder attributable to the paramilitary groups known as “death
squads” were as follows:
(q) José Sixto Montoya, aged 50, day labourer, Jurisdiction of
San Francisco Chinameca, Department of La Paz, on 11 January 1989;
(r) Orlando Rafael Ramos Lizama, aged 25, university student,
Jurisdiction and Department of San Salvador, found dead on 16 February 1989
— with two bullet wounds and bearing signs of strangulation and torture;
(s) German Evelio MejIa Tejeda, aged 21, travelling salesman, canton of
Chupaderos, Jurisdiction and Department of Santa Ana, found dead on
5 March 1989;
(t) Maria Cristina Gómez Gonzalez, aged 40, primary school teacher,
member of “Andes 21 de Junio” and representative of that organization in
Conaxnus, Colonia Santa Lucia, Jurisdiction of Ilopango, San Salvador, abducted
on 5 April 1989 by two heavily armed men in civilian clothes and found dead on
the afternoon of the same day bearing signs of torture;
(u) Carlos Alf redo Ramirez, aged 24, labourer, Colonia Guadalupe,
Jurisdiction of Soyapango, Department of San Salvador, abducted on 10 May 1989
and found dead on 11 May 1989;
(v) Alberto Hilario Murcia Alvarado, aged 20, labourer,
Colonia Guadalupe, Jurisdiction of Soyapango, Department of San Salvador,
abducted on 10 May 1989 and found dead on 11 May 1989;
(w) Pablo Abdulio Vargas Carcamo, aged 29, trade unionist, Jurisdiction
of Chalchuapa, Department of Santa Ana, by the so—called “Comando Acción
Anti—Comunista Revolucionaria de Exterminio” (ARDE).
155. On 14 November 1989, another letter was sent to the Government of
El Salvador transmitting the following cases.
(a) Geovanny Carranza, aged 4, and Javier Carranza, killed on 31 May 1989
by members of “la Fuerza Aerea”;
(b) José Joaquin Gonzalez, member of FECORAO, died on 20 June 1989 after
being tortured by the National Police of San Miguel.
156. On 22 November 1989, another letter was sent to the Government of
El Salvador transmitting the following cases:
(a) Madeleine Lagadec, a French nurse; Gustavo Ignacio Caseres, an
Argentine doctor; Maria Cristina Hernández, a Salvadorian auxiliary nurse;
Celia Leticia Diaz Salazar, a Salvadorian teacher; Carlos Gômez, a hospital
patient These five persons died on 15 April 1989, allegedly killed after
El CN. 4/1990 / 22
page 36
having been captured and tortured by Salvadorian Air Force personnel. At the
time of their capture they were in the FMLN field hospital in the canton of
El Tortuguero, Jurisdiction of Santa Clara 9 Department of San Vicente, when
the bombing took place;
(b) Ten persons died on 31 October 1989 in the course of the attack on
the offices of the Federación Nacional Sindical de Trabajadores Sa1vadore ios
(FENASTRAS) (National Federation of Salvadorian Workers Unions). The bomb
exploded during a meeting of trade union leaders. The attack followed an
attack the previous day on the offices of COMADRES, Human rights groups hold
members of the Police Force and the Infantry Brigade responsible for the
attacks. There have been three previous attacks this year on the headquarters
of FENASTRAS, for which members of the Police Force and other security
services are believed to be responsible. Although the Government has held the
so—called “enemies of peace”, responsible for these reprehensible attacks,
statements by witnesses describing the circumstances in which the attacks
occurred indicate that the victims were killed by members of Government forces;
(c) Ignacio Ellacuria, Rector of the José Siméon Canas Central American
University (UCA); Ignacio Martin Baro, Deputy—Rector of UCA; Segundo Montes,
Director of the UCA Human Rights Institute; Juan Ramón Moreno, a Jesuit priest
at UCA; Armando Lopez, former Rector of UCA; Managera; JoaquIn López y López,
a Jesuit priest; a domestic employee and her daughter. These persons were
killed on 16 November 1989 in San Salvador, reportedly by men wearing military
uniforms. Although the Government has deplored this horrifying murder and has
held unidentified terrorist groups responsible, according to statements by
witnesses the circumstances in which the events occurred indicate that the
victims were killed by members of Government forces.
157. In the above—mentioned three letters, the Special Rapporteur requested
information on these allegations, in particular on any investigations by the
competent authorities, including autopsy, and any measures taken to prevent
the further occurrence of such deaths.
158. On 23 November 1989, a cable was addressed to the Government of
El Salvador concerning the situation of a refugee centre named “El Despertar ”
in La Colina San Antonio Abad. According to information received, this centre
had been surrounded and shot at by soldiers of the government forces and
bombarded with artillery shells, causing serious danger to the lives of the
civilians at the centre.
159. The Special Rapporteur, expressing his concern for the safety of the
civilians at the centre, referred to article 51 of Additional Protocol I of
1977 to the Geneva Conventions of 1949, which provided that civilians shall
not be the object of attack. He therefore appealed to the Government to take
the necessary measures to protect the right to life of those civilians and
requested information on the measures taken by the Government.
160. On 18 April 1989, a letter was received from the Government of
El Salvador, transmitting a press release issued by the Governmental
Commission on Human Rights which denounced the attack by terrorist groups
against Mr. José Francisco Merino Lopez, vice—president elect of the Republic,
on 14 April 1989, at his residence..
161. At the time of preparation of the present report no reply had been
received from the Government of El Salvador.
E/CN.4/1990/22
page 37
i
162. On 26 April 1989, the Special Rapporteur sent a letter to the Government
of Ethiopia transmitting the following alleged cases of killing by government
forces:
(a) On 26 December 1988, in the village of Halibo, in the district of
Mereta Sebene (Akeleguzai Province), Ethiopian armed forces killed
11 civilians, all over 50 years of age. The names of seven of the victims
were mentioned in the letter;
(b) On 18 February 1989, the Ethiopian army killed 10 civilians and
wounded one youth in the village of Deki—Zeru, in Lower Anseba, 30 km west of
Asniara. Two of the victims were killed by bayonet and the others shot. The
names of the 10 victims were mentioned in the letter.
163. The Special Rapporteur requested information on these allegations, in
particular on any investigations by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
164. On 24 July 1989, another letter was sent to the Government of Ethiopia
transmitting allegations that many people had been killed in the following
incidents involving government forces:
1988 (All incidents in the Tigray region)
(a) On 14 May, armed forces moved to Forda in Raya district,
burned 50 houses, killed one person and ordered the evacuation of the village;
(b) On 15 May, armed forces moved into Harika, killed one person and
ordered the evacuation of the town. The same day war planes bombarded Axum
for the second time, killing one and wounding five civilians;
(c) On 21 May, helicopters bombarded Harego, killing 9 and wounding
12 civilians;
(d) On 26 May, six persons were killed when Hausien was bombarded for
the third time;
(e) On 4 June, five persons were killed and three wounded when 77 houses
were burned in Harego, near Makelle;
(f) On 7 and 8 June, 16 persons were killed when Samre was bombarded
with napalm and cluster bombs;
(g) On 7 June, two mothers were killed and two children wounded when
Sekota was bombarded by four MIG fighter planes;
(h) Between 19 and 21 June, 341 persons were killed when Hagerselani and
surrounding villages were burned by government troops;
(i) On 22 June, MIG fighter planes bombarded Hausien for six hours,
resulting in the death of 1,300 persons;
EICN.4/1990/22
page 38
(j) On 26 June, troops moved to a village near Samre called Al Ata and,
while the people were in church, opened fire and killed four persons;
(k) On 27 June, two persons, a priest, Adebe Damtew, and a layman,
Getnet, were killed in a church in Derkasheg village;
(1) On 27 and 28 June, troops roamed around Maiknetal and killed
45 women, one of whom was burned in her house;
(m) On 28 and 29 June, in Adwa, 50 persons were killed, 29 of them by
bayonet and their bodies thereafter thrown over a cliff;
(n) On 5 and 6 July, troops raided Neksege village in southern Tigray
and burned to death 30 farmers while they were in their huts;
(o) On 10 July, 43 farmers were killed and another 60 burned to death in
their houses in Allogen, a subdistrict of Tsembla. On the same day, a
one—year old baby was mutilated with a bayonet and her corpse hung on the
fence of her home; and in Adi Barai, one woman was killed and 48 elderly
persons were badly beaten with clubs;
(p) On 14 July, while troops were retreating from Edaga Hibret to
Enda Selassie, they threw an old blind woman into a burning hut and killed her;
(q) Between 11 and 15 July, 12 elderly men and women were executed in
Asgede. One of the dead was 75—year—old Ainina Dawood;
1989
(a) On 20 March, Tunzighi Ghebremedhin was killed while on his way to
Senafe from his village of Asha, In a separate incident, Abdalla Ahnied was
killed in Quahaito, in the east of Adi—Kaieh;
(b) On 29 March, three persons were killed when Axuin was bombarded;
(c) Between 15 and 21 April, 16 persons were killed, either by stoning
or by being thrown off the cliffs, when the villages of Gila, Gerber, Sefa and
Mensura in the Semian district were attacked. The names of the 16 persons
were mentioned in the letter;
(d) Between 30 April and 7 May, eight civilians were killed and another
four detained during a rampage in the region of Hazomo and Tsorona in the
southern Lowlands of Eritrea.
165. The Special Rapporteur requested information on the above—mentioned cases
and in particular on any investigations made and any measures taken by the
authorities and/or the judiciary to establish the facts and to bring those
responsible to justice.
166. On 17 February 1989, a reply was received from the Government of Ethiopia
to the Special Rapporteur's letter of 9 November 1988 concerning the
allegations described in his last report (E/CN.4/1989/25, paras. 102—106),
stating that the Government, having conducted a thorough investigation, had
found the charges to be completely unfounded and a product of a systematic
campaign of misinformation.
E/CN.4/1990/22
page 39
167. On 29 November 1989, a reply was received from the Government of Ethiopia
to the Special Rapporteur's letters of 26 April and 24 July 1989 concerning
alleged killings by government forces in Eritrea and Tigray. The reply stated
that the investigations conducted over several months in different places in
northern Ethiopia by a body established by the Government had proved that all
the allegations were unfounded. It was also stated that it was the dissident
groups which were engaged in acts of terrorism, banditry and killing of
innocent individuals and that it was those same groups that were the source of
the allegations brought against the Government. Referring to the peace
initiative and talks between the Government and the dissident groups which had
begun in the latter half of 1989, the Government expressed the hope that the
desire for peace would ultimately prevail over the proclivity to prolong human
suffering.
Guatemala
168. On 10 February 1989, the Special Rapporteur sent a cable to the
Government of Guatemala concerning alleged death threats against
Julio Perez Morales, nursing assistant at the health centre in
San Martin Jilotepeque, Chimaltenango. According to the information received,
on 17 December 1988 a group of soldiers had gone to his home and killed six
members of his family. Perez Morales had not been at home at the time of the
killing, but this action was believed to be directed against him because he
had been accused of giving medical treatment to guerrillas and had been
threatened by the army.
169. The Special Rapporteur appealed to the Government to take the necessary
measures to protect the life of Perez Morales and the rest of his family and
requested information on the case.
170. On 17 March 1989, another cable was sent to the Government of Guatemala
concerning alleged death threats against 12 members of the Executive Committee
of the Student Association of the University of San Carlos (Junta directiva de
Asociación de estudiantes universitarios de la Universidad de San Carlos).
According to the information received, these persons had been threatened by
groups named “El Jaguar Justiciero” and “Dolorosa 0.2”, and Aaron Ochoa, one
of the 12, had been the target of a bomb attack.
171. The Special Rapporteur appealed to the Government to take the necessary
measures to protect the lives of these persons and requested information on
the cases.
172. On 1 May 1989, a cable was sent to the Government of Guatemala concerning
alleged death threats against Lucila Avila, member of the workers' union of
the enterprise Pierre Bonin Sucesores y Cia, Limitada. It was alleged that no
steps had been taken to investigate those threats.
173. The Special Rapporteur appealed to the Government to take the necessary
measures to protect the life of Lucila Avila and requested information on the
case.
174. On 30 May 1989, a cable was sent to the Government of Guatemala
concerning alleged death threats by unknown persons against the participants
in the national dialogue. According to information received, Nineth Garcia,
E / CN, 4 / 1990/22
page 40
president of the Grupo de Apoyo Mutuo por Aparecimiento con Vida de Nuestros
Faniiliares (CAM) had received a death threat through the National
Reconciliation Commission for her participation in the dialogue. Other
CAN members, including Raquel Juan Juan, Tomas Chumil Mendez and
Salvador Chuinil Coc, were also alleged to have been threatened by the military
commander of Chichicastenango.
175. In view of several recent reports that participants in the national
dialogue had received death threats, the Special Rapporteur expressed his
concern for the life of the above—mentioned persons, appealed to the
Government to take the necessary measures to protect their life and requested
information on these cases and, in particular, on the measures taken to
protect the life of those persons.
176. On 15 June 1989, another cable was sent to the Government of Guatemala
concerning death threats directed at Fernando Sanchez, a member of the
negotiating commission of the collective pact of the workers of the
Banco del Agro, Herberth Pivaral Toledo, a member of the trade union of the
Banco del Agro, and Melvin Pineda, Secretary—General of the Asociación de
Educadores de Ense?iana Media (AEEM). It was also alleged that, on 2 May 1989,
four heavily armed men, believed to be members of the security forces, had
shot at him from a car.
177. The Special Rapporteur appealed to the Government to take the necessary
measures to protect their right to life and requested information, in
particular on the measures taken by the Government in that regard.
178. On 10 July 1989, another cable was sent to the Government of Guatemala
concerning death threats received by five persons, agricultural workers in the
village of Membrillal II, El Quiche department, and members of the “Runujel
Junam” (CERJ) Council of Ethnic Communities, presumably from local
authorities. They had reportedly left the Civil Defence Patrols (Mc) in July
and August 1988. Juan Tomin Quin, one of the five, had allegedly received a
written death threat on 24 June 1988, in which he was accused of belonging to
the self—styled “Guerrilla Army of the Poor”. Since then, another citizen,
Sebastian Xon Tzoc, had reportedly been receiving oral death threats from
judicial police officers in plain clothes.
179. The Special Rapporteur appealed to the Government to take the necessary
measures to protect their right to life and requested information, in
particular on the measures taken by the Government in that regard.
180. On 21 July 1989, another cable was sent to the Government of Guatemala
concerning 22 persons, said to be members of the Council of Ethnic Communities
“Runujel Jimam” (CERJ) and of the Civil Defence Patrols in the village of
La Primavera, El Quiche department. They were reported to have been receiving
death threats from members of the armed forces since the end of 1988. The
latest death threat had allegedly been made on 1 July 1989. It was reported
that those persons had been warned to terminate their membership in the CERJ.
181. The Special Rapporteur appealed to the Government to investigate the
allegations and to take the necessary measures to protect the lives of the
persons concerned, and requested information on the outcome of such
investigations and on the measures taken.
E/CN. 4/1990/22
page 41
182. On 24 July 1989, a letter was sent to the Government of Guatemala
transmitting allegations that during the early part of 1989 killings had
continued to occur in Guatemala and that they were be attributed both to
army personnel and to members of the civil defence patrols. For example:
four villagers of Amacchel, Municipality of Chajul, Department of El Quiche,
were fatally wounded on 10 January 1989, by army personnel and members of the
civil defence patrols (PAC). In addition, there were allegations of death
threats as follows:
(a) Twelve student leaders of the Asociación de Estudiantes
Universitarios (AEU) (Association of University Students), were threatened
with death in April 1989 by groups calling themselves “La Dolorosa” and
“Jaguar Justiciero”;
(b) Antonio Argueta, lawyer for the Unión Sindical de Trabajadores de
Guatemala (UNSITRAGUA) (Union of Guatemalan workers) and Victor Barcácelis,
Secretary—General of the Federación Nacional de Trabajadores del Estado de
— Guatemala (FENASTEG) (National Federation of Workers of the State of
Guatemala) were threatened with death on 9 March 1989 by the so—called “Frente
de Reaccidn Nacional”;
(c) Arnoldo Coy Caal and Ernesto Coy Caal, peasants, Panzós, Department
of Alta Verapaz, were threatened with death, in April 1989, by an army
officer, while they were under arrest in the Panzós military detachment.
183. On 18 August 1989, another cable was sent to the Government of Guatemala
concerning death threats received by the President of the GAN,
Nineth de Garcia, who had reportedly been threatened since 6 August 1989 by
men in civilian clothes carrying large—bore firearms as well as by other
members of GAN. It was also alleged that the GAN premises had been destroyed
by hand—grenades thrown by persons in civilian clothes. Furthermore, members
of the International Peace Brigade (Brigadas Internacionales de Paz) had
allegedly received death threats on 9 May 1989 and their premises had been
destroyed on 16 May 1989 by hand—grenades thrown by unknown persons.
184. The Special Rapporteur appealed to the Government to take the necessary
measures to protect their right to life and requested information, in
particular on the measures taken in that regard.
185. On 25 October 1989, another cable was sent to the Government of Guatemala
concerning the allegation that Emilio Arizandieta Santos and his sons
Edgar Leonel and Rigoberto Arizandieta Franco had received death threats,
presumably from members of the G—2 army intelligence service, who were said to
have been keeping a continuous watch in front of the threatened persons' home
since 25 September 1989. The family, originally from Taxisco, department of
Santo Rosa, were said to be living there, and Emilio Arizandieta had joined
GAN on 16 September 1989, the date on which his other son, Reyes Anibal
Arizandieta Santos, had disappeared while working on the Santa Maria y Miranda
farm at Taxisco. According to the information received, the manager of the
farm, Tulio Marroquin Juarez, had accused Mr. Arizandieta's sons of being
guerrillas and had threatened them with death.
186. The Special Rapporteur appealed to the Government to investigate and
clarify the cases and to take measures to protect the lives of the persons
concerned, and requested information on the outcome of the investigation and
the measures taken by the Government.
E/CN. 4/1990/22
page 42
187. On 30 October 1989, another letter was sent to the Government of
Guatemala transmitting allegations that during the year killings had continued
to occur in Guatemala and were attributed both to army personnel, the security
forces or civil defence patrols and to paramilitary groups linked to them.
Attention is drawn to the following cases:
(a) Five persons were fatally wounded, reportedly at the hands of army
personnel on 18 May 1989 in the village of SanquIn, Patzicia district,
Department of Chimaltenango;
(b) Joaquin López Chavez, aged 36, allegedly arrested by soldiers on the
San Juan estate, San Pablo municipality, Department of San Marcos, on
5 June 1989, was fatally wounded on 16 June and his body was found on the same
day near the Caniarón river, close to the town of Jerusalem, San Pablo,
Department of San Marcos;
(c) José Rolando Pantale6n, member of the trade union of the Guatemalan
Bottling Plant (STEGAC), was fatally wounded on 2 July 1989, and his body was
found on the same day at km. 17 on the Atlantic highway 9 close to Palencia;
(d) Juan Baltazar Marcos, a representative of returnees at the Diálogo
Nacional in Guatemala, was fatally wounded on 1 August 1989, and his body was
found on the same day at Puente Rio Negro, Ixcán, Department of El Quiche;
(e) Alfonso De Leon was allegedly fatally wounded at the hands of the
Chief of the San Miguel Uspantán Military Detachment, Department of El Quiche,
on 29 August 1989, after being tortured;
(f) Maria Toj, of San Miguel Uspantán, Department of El Quiche, was
fatally wounded on 29 August 1989;
(g) Silvia Maria Azurdia Utrera, aged 33, a University of San Carlos
(USAC) sociologist and former leader of the Association of University Students
(AEU) and Victor Hugo Rodriguez Jaramillo, aged 31, a University of San Carlos
political science student and former AEU leader, were reportedly arrested on
23 August 1989, fatally wounded on 10 September, and their bodies, bearing
signs of torture, were found on the same day close to San Carlos University;
(h) Carlos Leonel Chuta Camey, aged 31 years of age, a social and legal
science student at USAC and former AEU leader, was allegedly arrested on
8 September 1989 in Guatemala City, fatally wounded on 10 September and his
body, bearing signs of torture, was found on the same day close to San Carlos
University;
(1) Eduardo Antonio LOpez Palencia, aged 24, a chemistry student at USAC
and former AEU leader, was reportedly arrested in Guatemala City on
9 September 1989, fatally wounded on 10 September and his body, bearing signs
of torture, was found on the same day at km. 64 on the El Progreso—Guatatoy
highway, Jursisdiction of Sanarate;
(j) Carlos Humberto Cabrera Rivera, aged 45, a teacher in the USAC arts
department, former AEU member and a teachers leader was reportedly arrested in
Guatemala City on 9 September 1989, fatally wounded on 10 September and his
body, bearing signs of torture, was found on the same day close to San Carlos
University;
E / CN. 4/1990 / 22
page 43
(k) Five persons whose names were mentioned in the letter, were fatally
wounded on approximately 14 September 1989, reportedly at the hands of army
personnel from No. 18 military base in San Marcos. Their bodies were found,
bearing signs of torture, on the same day at km. 18 on the highway from
Quezaltenango to San Marcos, Jurisdiction of San Juan Ostuncalco and
Santa Maria Sacatepéquez;
(1) José León De La Cruz Segura, a leader of the Union of Workers of the
National Electrification Institute (STINDE) in Pasabién, Department of Zacapa,
was fatally wounded on 27 September 1989 in front of his house in Chiquimula,
as he was walking to work in Pasabién.
188. On 17 November 1989, another cable was addressed to the Government of
Guatemala concerning death threats directed at the family of Chitay Nech. It
was alleged that the family was watched by men driving cars with tinted
windows, like those often used by security forces. The family was said to
have been the target of violence and persecution and one of its members,
Juan Carlos Chitay Nech, had disappeared in 1985. During the past two years,
three other members of the family, Martin Chitay Nech, Eleodoro Ordon Camey
and Aurelio Lorenzo Chitay, had allegedly been killed.
189. The Special Rapporteur appealed to the Government to investigate the
allegations and to take the necessary measures to protect the lives of these
persons, and requested information on the outcome of the investigation and the
measures taken by the Government for their protection.
190. On 8 August 1989, a letter was received from the Presidential Advisory
Commission on Human Rights of the Government of Guatemala, containing
information concerning a number of alleged cases of killing, as follows:
(a) The Aldea El Aguacate massacre . On 22 November 1988, Carlos
Humberto Guerra Caliejas, military Commissioner for the village of El Aguacate
in the municipality of San Andrés Itzapa, Department of Chimaltenango,
disappeared. On 24 November, 30 villagers of El Aguacate who were searching
for the missing man encountered a group of armed men who were assumed to have
been holding him. Eleven of the 30 villagers managed to escape but
22 peasants were abducted. Two of the villagers who managed to escape gave an
account of what happened. This made it possible to verify the identity of the
armed group. They were the so—called Organizaclon Revolucionaria del Pueblo
en Armas (ORPA), belonging to the Unidad Revolucionaria Nacional Guatemalteca
(URNG). On 25 November 1988, the body of Carlos Humberto Guerra Callejas, who
had disappeared on 22 November 1988, was found 2 km to the south of the
village of El Aguacate. On 26 November 1988, the bodies of the 21 others were
found by military patrols in three common graves to the south of El Aguacate.
All the bodies showed signs of torture and strangulation;
Proceedings were currently before the First Criminal Court of First
Instance in the Department of Chimaltenango. A defendant had been remanded in
custody for the offences of genocide, abduction, aggravated robbery and
illegal possession of firearms. The presiding judge was preparing a warrant
for the arrest of persons who were members of ORPA;
(b) Elizabeth Paniaqua/Panel Blanca . Proceedings were still at the
pre—trial stage;
E / CN. 4 / 1990/22
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(c) José Rolando Pantaleón Hernandez . Proceedings were currently before
the First Court of First Instance for Criminal Investigation, at the pre—trial
stage. No charges had been brought in this case;
(d) Massacre at Caserio SunguIn. Municipality of Pptzicia. Department of
Chimaltenango . Proceedings were before the Second Court of First Instance for
Criminal Investigation, at the pre—trial stage;
(e) Marta Odilia Raxajal Sisimit. Maria Esteban Sisimit and Camilo
Garcia Luis . These cases had been reopened. Investigations were being
conducted to identify the perpetrators. Proceedings were before the First
Court of First Instance for Criminal Sentencing in the Department of
Chimaltenango.
191. On 31 August 1989, a reply was received from the Government of Guatemala
to the Special Rapporteur's cable of 18 August 1989, transmitting information
from the Ministry of the Interior (Ministerio de Gobernación) to the effect
that, upon receiving the request for intervention, the Ministry had acted by
issuing orders to the relevant organs immediately to enforce the necessary
protection, and that it had also requested the security organs of the area for
more information on the cases.
192. On 30 November 1989, a reply was received from the Government of
Guatemala to the Special Rapporteur's cables and his letter of 24 July 1989,
stating that all the cases mentioned in those communications had been
officially reported to the competent authorities and that, with regard to the
case of the Chitay Neh family, the Presidential Advisory Commission on
Human Rights (COP ADEH) had asked the Public Prosecutor urgently to begin legal
proceedings against those responsible for the threats and harassment against
that family.
Guyana
193. On 14 November 1989, the Special Rapporteur sent a letter to the
Government of Guyana transmitting allegations that several persons had been
killed in a summary manner by members of the police force, in particular by
those belonging to the Criminal Investigation Department (CID) and to the
Special Branch. The following deaths were said to have occurred in 1989:
(a) On 4 February 1989, Budhram Jaimal, aged 42, was found dead in his
cell at the police station. He had reportedly been arrested after being shot
and wounded by a policeman on 1 February 1989, when he had had a bout of
mental illness. Although the police had reportedly explained the death as
suicide, an autopsy on Jaimal's body had revealed haemorrhage of the brain
with contusions. No one was said to have been charged for the death;
(b) On 16 March 1989, Ramesh Nirmal and Krishendat Nirmal, young sheep
farmers, had allegedly been shot dead by an armed policeman in an unprovoked
assault during a dispute between three Nirmal brothers and armed stray
catchers impounding cows. No one was said to have been charged;
(c) On 23 September 1986, Tularam Ramkellowan, a farmer aged 29, had
allegedly been beaten to death by agents belonging to the Criminal
Investigation Department (CID) of the police at their headquarters in
Georgetown. The High Court procedures were said to be still pending. A
E/CN.4/l99 0/22
page 45
government medical officer had reportedly told the court that the injuries
suffered by the deceased indicated “a series of beatings rather than
accidental blows”;
(d) On 15 September 1988, Malcolm Bowen, a worker, had allegedly been
shot to death at his home by a policeman who had fired his gun without warning
or apparent reason as Bowen opened the door. The court procedures were said
to be still pending.
194. The Special Rapporteur requested information on these allegations and in
particular on any investigations by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
195. At the time of preparation of the present report, no reply had been
received from the Government of Guyana.
Halt ±
196. On 26 April 1989, the Special Rapporteur sent a letter to the Government
of Haiti concerning allegations that several persons had been killed, in
particular by members of the security forces who were frequently wearing plain
clothes. The Special Rapporteur listed the cases as follows:
(a) On 27 October 1988, in the course of an argument over land, three
peasants were killed in Parc Cheval by other peasants from Petit—Jardin armed
with sticks and pickaxes who were reputedly under the orders of an army
sergeant and a corporal;
(b) On 29 October 1988, Jacques Philippe was killed at Bon Repos by two
men, one of whom was apparently wearing a military uniform. Philippe, who had
lodged a complaint relating to previous attacks, had been due to appear on
31 October 1988 for a hearing before the judge;
(c) On 24 November 1988, the body of Farel Joseph was found in the
Port—au—Prince morgue and was said to bear signs of ill—treatment. According
to Major Jean Eugene José, Director of the Anti—Gang Investigation Department,
where Joseph had been Imprisoned since 17 November 1988, his death had
occurred on 17 November 1988 on account of his state of health;
Cd) On 27 November 1988, Michelet Dubréus and Jean Felix were reportedly
killed in a house in Cite Soleil by a group of four men, wearing civilian
clothing, which included members of the Anti—Gang Investigation Department,
accompanied by a uniformed army sergeant who presumably belonged to the
Fort Dimanche unit. Dubréus and Felix, members of the Federasyon Asosyasyon
Site Soley (FASS), had earlier said on the radio that they had received death
threats after publicly identifying the presumed authors of the massacre at the
St. Jean Bosco Church on 11 September 1988 in their association's newspaper.
197. The Special Rapporteur requested information on these allegations, in
particular on any investigations by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
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198. On 30 October 1989, another letter was sent to the Government of Haiti
transmitting the following allegations:
(a) Mr. Joanis Malvoisin, aged 43 years, was shot dead on 12 July 1989
at Savien, first section of Petite—Rivière de 1'Artibonite. The persons
responsible for his death were Haitian soldiers under the orders of
Corporal Wilfred Pierre—Louis. Malvoisin had been implicated in a number of
conflicts with landowners in the Artibonite region, and had received threats;
(b) According to another source, at the beginning of June 1989
Wisley Laurius, aged 20, was reportedly shot dead with a revolver by Chrisner
Adrien, head of the Basse—Terre section, second communal section of
Marchand—Dessalines (Artibonite);
(c) Four members of the Labadie Youth Movement (MJL) were killed on
14 August 1988 by approximately 10 armed men, some of whom were wearing
military uniform. The head of section and two soldiers stationed at
Petite—Rivière de 1'Artibonite were recognized among those who opened fire.
The Labadie Youth Movement is still being threatened and harassed by military
personnel in the Labadie region. It is claimed that a government committee of
inquiry into the events of August 1988 was set up in March 1989, although the
Special Rapporteur has not been informed of the findings of any such inquiry;
(d) Mr. Jeune Leblanc, aged 29, was reportedly killed on 25 August 1989
by a member of the anti—gang police while he was in the hands of the police.
199. The Special Rapporteur requested information on the above—mentioned cases
and in particular on any investigations made and any measures taken by the
authorities and/or the judiciary to establish the facts and to bring those
responsible to justice.
200. At the time of preparation of the present report no reply had been
received from the Government of Haiti.
Honduras
201. On 2 February 1989, the Special Rapporteur sent a cable to the Government
of Honduras concerning alleged death threats by a paramilitary group named
“Triple A” against Juan Almendares Bonilla, former rector of the National
University of Honduras and head of the Co—ordinating Committee of popular
organizations; Jorge Arturo Reina, former rector of the National University of
Honduras; Ramón Custodio Lopez, former chairman of the Committee for the
Defence of Human Rights in Honduras (CODEH); Oscar Anibal Puerto,
vice—chairman of the CODEH; and Hector Hernandez Fuentes, chairman of the
United Workers Federation of Honduras.
202. The Special Rapporteur, having received expressions of concern for the
lives of the above—mentioned persons, appealed to the Government to take the
necessary measures to protect their lives and requested information on these
cases.
203. On 11 April 1989, another cable was sent to the Government of Honduras
concerning alleged persistent death threats against RamOn Custodio Lopez,
Oscar AnIbal Puerto and Hector Hernandez. According to information received,
these persons, along with their family members, had been subjected to further
El ON. 4 / 1990/22
page 47
death threats and attacks on their property by the “Triple A” paramilitary
group. It was alleged that those threats were being repeated more and more
frequently.
204. The Special Rapporteur reiterated the appeal made in his cable
of 2 February 1989 concerning the above—mentioned persons and requested
information thereon.
205. On 10 July 1989, another cable was sent to the Government of Honduras
concerning allegations that Salomón Vallecillo Andrade, aged 34, president of
the Honduran Tobacco—Workers Union (SITRATAH), and also a leader of the United
Workers Union (FUDH), had been murdered on 6 July 1989, and that the names of
Salomón Vallecillo Andrade and of other trade—union leaders appeared on a
death list drawn up by the armed forces. The list allegedly included
Gladys Petrona Williams Lanza, president of the Workers Union of the National
Electricity Enterprise (STENEE) and Ismael Barahona, a leader of the same
union, who were reported to have received telephoned death threats on the day
of Vallecillo Andrade's murder.
206. The Special Rapporteur, having received expressions of deep concern over
the recent violations of the right to life and for the safety of the persons
threatened with death, appealed to the Government to take all necessary
measures to investigate the-above—mentioned cases and to protect the lives of
those threatened with death, and requested information on the outcome of the
investigations and on measures taken for their protection.
207. On 20 July 1989, another cable was sent to the Government of Honduras
concerning alleged death threats received by Hector Hernández Fuente,
president of the Unitary Federation of Honduras (FUTH), and Luciano Barrera,
former Secretary—General of the National Federation of Farm Workers
(CNTC). It was further alleged that Jorge Alberto Espinal Coraccioli, chief
of the Documentation Unit of the Committee for the Defence of Human Rights in
Honduras (CODEH), had received anonymous telephone calls threatening him with
death and that he had been intimidated in a public place by a person in
civilian clothing. It was also alleged that Edgardo Herrera, aged 37,
treasurer of the University Reform Front (FRU), had been assassinated
on 4 July 1989 and that, on the same day, his friend Carlos Cardona Maldonado
had been followed by individuals travelling in cars with tinted windows, who
had also gone to his home and asked about him. It was alleged that the
killings at San Pedro Sula had been politically motivated and that in all
cases weapons reserved exclusively for the armed forces had been used.
208. The Special Rapporteur appealed to the Government to investigate the
above—mentioned cases and to take the necessary measures to protect the
persons threatened with death, and requested information on the outcome of the
investigations and the measures taken to protect their lives.
209. On 24 July 1989, a letter was sent to the Government of Honduras
transmitting allegations that, between 1987 and 1989, 10 persons had been
victims of politically motivated killings committed by members of the armed
forces and that, in most of the cases, the victims had first been abducted and
tortured and their homes searched. The Special Rapporteur described the
following cases by way of example:
El CN. 4 / 1990/22
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(a) On 4 January 1988, the body of José Lito Aguilera was handed over to
his relatives by eight heavily armed persons, including officers and
sergeants; he had been arrested on 1 January 1988 in the market at San Isidro
and transferred to the Special Forces Battalion;
(b) On 25 April 1988, Virgil Santos Saen, a refugee at the Colomoncagua
canip Department of Intibuca, was killed by soldiers;
(c) On 27 July 1988, José Maria Ayala, aged 37, a Salvadorian refugee in
the Mesa Grande camp, in Ocotepeque, was shot dead by military personnel;
(d) On 4 April 1989, the body of Norberto Flores Flores was found
outside Tegucigalpa. Flores had been arrested on 28 March 1989 in the Colonia
de Las Torres, Comayaguela, by agents of the Dirección Nacional de
Investigaciones (DNI) (Criminal Investigation Service), who had left him for
dead in a public place on 3 April 1989. On arrival at the Hospital Escuela,
on 4 April 1989, he had been rearrested by agents of the DNI;
(e) On 4 July 1989, the head of the Board of Trustees of Colonia La Paz,
Edgardo Herrera, aged 37, was murdered. The investigations undertaken by the
police and by the judicial authorities had produced no results to date;
(f) On 5 July 1989, Mr. Danilo Martinez, a former member of the
Sindicato de Trabajadores de Cementos de Honduras (SITRACEHSA) (Honduran
Cement Workers' Union) was killed by the FSP agent. The case was said to be
under investigation by the First Criminal Court of San Pedro Sula;
(g) On 6 July 1989, the president of the Sindicato de Trabajadores de la
Tabacalera Hondureiia (SITRIAH) (Union of Workers of the Honduran State Tobacco
Monopoly), Salomón Vallecillo, aged 34, was shot dead in San Pedro Sula. The
investigations undertaken by the police and the judicial authorities had
produced no results to date;
(h) On 11 July 1989, the director of the Department of Further Studies
of the Centro Universitario Regional del Norte (CURN) (Regional University
Centre of the North), leader of the Frente Unido Universitario Democrático
(FUUD) (Democratic University United Front) and professor of Roman Law,
Roberto Ramón Garay, aged 39, was shot dead in front of his house in the
Colonia Satélite. The investigations undertaken bythe police and the
judicial authorities had produced no results to date.
210. Reports had also been received of frequent death threats and harassment
of political and trade union leaders and human rights activists. A group
called the “Alianza de Acción Anticomunista”, which was believed to have links
with the armed forces, had allegedly made death threats against a number of
persons. Furthermore, it was alleged that no one had been arrested or charged
for earlier killings, such as those of Angel Pavón Salazar and
Moisés Landaverde.
211. The Special Rapporteur requested information on these allegations, in
particular on any investigations by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
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212. On 5 December 1989, a cable was sent to the Government of Honduras
concerning alleged death threats made against Almendarez Bonilla, a doctor and
former rector of the Autonomous University of Honduras and head of the Comité
Coordinador de Organizaciones Populares (CCOP); Ramón Custodio López and Oscar
Anibal Puerto, president and vice—president of the Comité para la Defensa de
los Derechos Humanos en Honduras (CODEH); Hector Hernández Fuentez and
Carlos H. Reyes, president and vice—president of the Federacidn Unitaria de
Trabajadores de Honduras (FUTH); Gladys Lanza, president of the Sindicato de
Trabajadores de la Empresa de Energia Eléctrica (STENEE), and Ramón Varela, a
trade unionist and member of the executive committee of FUTH. According to
information received, on 13 November 1989 an anonymous telephone call was made
to the house of Gladys Lanza, giving the names of the seven and saying that
they were going to die. On 15 November 1989, a powerful bomb was said to have
exploded in Gladys Lanza's house causing extensive damage and slightly
injuring her in the feet.
213. The Special Rapporteur appealed to the Government to investigate the
cases and to take the necessary measures to protect the lives of those
threatened, and requested information on the outcome of the investigations and
the measures taken for their protection.
214. On 10 February 1989, a reply was received from the President of the
Inter—Agency Commission on Human Rights (CIDH) expressing concern with the
situation of the above—mentioned persons and urging the international
community to express solidarity with Honduras, since acts perpetrated by
groups of both the extreme left and the extreme right undermined the country's
democratic system. Honduras would use all means available to it to try to
protect these persons, with the support of the Inter—Agency Commission, and
requested the Special Rapporteur to intercede with those groups in order to
avoid fatal results.
215. On 2 June 1989, a letter was received from the Government of Honduras
transmitting a communication from the Interinstitutional Commission of Human
Rights of Honduras concerning alleged cases of detention and death threats.
According to the communication, Milton Jiménez Puerto was performing his work
as a lawyer, with all the guarantees to which he was entitled, and the case of
David Franco was not known to the Commission. Concerning alleged death
threats to Juan Almendarez Bonilla, Jorge Arturo Reina, Ramón Custodio Lopez
and Oscar Anibal Puerto, it was stated that such reports seemed to have been
circulated for their publicity and that RaniOn Custodio Lopez had not accepted
the protection offered to him.
216. The Special Rapporteur also received from the Interinstitutional
Commission of Human Rights official reports on certain cases as follows:
(a) Salmon Vallecillo Andrade. Edgardo Herrera. Roberto Garay and
José Litp Aguilera . Although the investigation into their death was not
completed, the inquiries made by the competent courts suggested that the
motives for these murders were not political and that the murders had not been
committed by “death squads”, “since there are no death squads in the country”.
With regard to the death of José Lito Aguilera, the competent military court
had made inquiries but to date no one had been accused or brought before the
court;
E / CN. 4/1990/22
page 50
(b) Rarnón Abad Custodio, Hector Hernandez . Juan Almendares.. Anibal
Puerto and Gladys Lanza . The allegations of death threats against these
persons had been made solely by thirst for publicity, since the persons
concerned had never filed a formal complaint before the competent courts.
These persons enjoyed all the guarantees established by the Constitution of
the Republic;
(c) José Maria Leiva . In the case of the murder of the Salvadorian
refugee, three soldiers of the 12th Infantry Battalion in Santa Rosa de Copán
had been prosecuted in the military court of Copán and a detention order had
been issued. The proceedings were still in the investigation stage;
(d) Nolberto Flores Flores. alias “the Tailor” . Flores Flores had been
accused by the Public Security Force (FSP) of having committed various
of fences, including theft and rape; he was arrested by the National
Directorate of Investigation (DNI) and, according to information from the
Directorate, was taken to the settlement of Campo Cielo to identify his
accomplices in the commission of those of fences. However, when they arrived
there, his accomplices ambushed them and Nolberto Flores Flores was wounded.
While the officers were in confusion, trying to catch their attackers, he fled
in a taxi which took him to the Training Hospital, where he was treated for
two wounds, and found by the DNI officers. Eventually, Nolberto Flores Flores
took them to the supposed refuge of the criminals. When they arrived there
Flores Flores made off at a run, as a result of which the officers, fearing
that he would lead them into another trap, used their regulation weapons and
mortally wounded him. The military court, in its turn, reported that on
6 April 1989 inquiries were instituted to ascertain the circumstances in which
Nolberto Flores Flores lost his life; communications were addressed to the
Forensic Medical Department of the Supreme Court of Justice, the
Training Hospital, the National Directorate of Investigation, etc. To date,
three DNI officers had appeared before the military court so that it might
determine what responsibility they bore for the death of Nolberto Flores
Flores and how they should answer for their actions if they were guilty;
(e) Miguel Angel Pavón and Moises Landaverde . The judicial power had
encountered difficulty in clarifying and studying the criminal acts since it
had no judicial technical police. The investigation remained open.
India
217. On 24 July 1989, the Special Rapporteur sent a letter to the Government
of India transmitting allegations of the involvement of police forces in a
number of cases of death, as follows:
(a) Since February 1989, in the State of Assam, in the context of the
movement for a separate homeland for the Bodo tribe, at least 10 persons had
been killed in the town of Udlaguzi, including Uppen Basuniatary a 14—year—old
student who had been killed on 16 March 1989, allegedly by persons acting in.
connivance with the police. No action was said to have been taken to
investigate these killings or to arrest those responsible therefor;
(b) Rajinder Pal Singh Gill, a professor at Punjab Agricultural
University, Ludhiana, had reportedly been killed on 26 January 1989, while in
police custody, following his arrest at a relative's house in Chandigarh
on 25 January 1989. According to the police, he had died in an armed
E / CN. 4 / 1990/22
page 51
encounter, but they had produced no evidence to that effect, and eyewitnesses
claimed to have seen the professor in custody at CIA Headquarters, Ludhiana,
late on 25 January and again at about 9 a.m. on the 26th. Subsequent to the
filing of a habeas corpus petition on 8 February 1989, the Punjab and Hariyana
High Court was said to have directed the police to produce the subject in
court on 10 February. The police had reportedly requested an extension of the
period, and on 15 February the Senior Superintendent had announced that the
subject and two others had been killed in an “encounter” with the police at
Khehra Bet on 26 January;
(c) With regard to the alleged deaths during the communal violence at
the end of May 1987, in Meerut, Uttar Pradesh, which had been communicated to
the Government of India by the Special Rapporteur, 13 of the victims had
reportedly been identified. While it was stated in the Government's reply to
the Special Rapporteur on 13 September 1988 that the State Government of
Uttar Pradesh was carrying out investigations, the findings of any
investigations were not known to have been made public.
218. The Special Rapporteur requested information on these allegations, in
particular on any investigations by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
219. On 24 July 1989, another letter was sent to the Government of India
transmitting a number of reports of killing of unarmed civilians in Sri Lanka
for which members of the Indian Peace Keeping Force (IPKF) were allegedly
responsible (see paras. 379 et seq . below).
220. On 8 November 1989, a cable was sent to the Government of India
concerning a report that, during the previous several weeks, in various towns
in Uttar Pradesh, Rajasthan, Madhya Pradesh, Bihar, Bengal and Gujarat,
hundreds of persons had died as a result of communal violence. In Bhagalpur,
between 24 and 26 October 1989, more than 100 persons said to be Muslims had
allegedly died in violent communal clashes. It was alleged that there had
been no effective intervention by the law enforcement authorities to prevent
communal clashes and deaths of citizens. In that connection, concern was
expressed that more incidents of violence might occur in Ayodhya and other
towns as communal tension was mounting over the laying of the foundation stone
of a Hindu temple on the site of the Babri Masjid Mosque.
221. The Special Rapporteur, expressing his confidence that the Government was
making every effort to protect the right to life of every citizen, despite
various difficulties it might be facing in dealing with communal violence,
appealed to the Government further to strengthen its measures to ensure that
the right to life of every citizen be protected.
222. On 14 November 1989, another letter was sent to the Government of India
transmitting allegations that, during the past several years, in Punjab, in
the situation of political violence, staged killings of alleged or real
political activists by the police had taken place. In several cases, the
victims had allegedly been killed in a summary manner by the police after
their arrest, unacknowledged detention and interrogation, often under
torture. The incidents resulting in such deaths had frequently been
officially described as violent encounters with the police.
El ON. 4/1990/22
page 52
223. Some such cases occurring in the Punjab in 1989 were listed as follows:
(a) On 26 May 1989, in Patiala, Avtar Singh was killed by the Patiala
police after having been tortured. The death was described as taking place in
an encounter;
(b) On 24 April 1989, in Phillaur, Surinder Singh was arrested by an ASP
and a SilO and detained at the police station, where he was tortured. He died
on the day following his release;
(c) On 14 April 1989, in Ludhiana, Harjinder Singh was arrested at his
home. On 21 April the police stated that he had been killed in an encounter;
(d) On 1 June 1989, in Ludhiana, Charanjit Singh was arrested by a SHO
and other police officers from the Kharar police and killed near Mullanpur in
the night of 2 and 3 June. The incident was described by the authorities as a
death in an encounter;
(e) On 30 March 1989, in Khatkarkalan village, Manjit Singh, Bahi Sarwan
Singh and Sukhdev Singh were arrested by the Banga police and killed near
Berowasi village;
(f) On 29 March 1989, in Nurmahal, Balraj Singh Raji was arrested by the
Nurmahal police. He was tortured and died on 15 April 1989;
(g) On 25 April 1989, in Bakhugarh, Roshan Singh was arrested by the
Hoshiarpur police. He was produced in court on 10 May 1989. Later the police
announced that he had been killed in an encounter;
(h) On 10 March 1989, in Amritsar, Sulkhan Singh was shot dead by
members of the Central Reserve Police while visiting his relatives. The
police asserted that he had been killed in an encounter;
(i) On 16 June 1989, in Bhanu, Sarbjit Kaur, aged 14, and
Saiwinder Kaur, aged 13, were found dead. They had been raped and killed by
two police officers;
(j) On 13 April 1989, in Jalandh, Gurnam Singh Butter was arrested by
the Jalan police. Later the police announced that he had been killed in an
encounter;
(k) On 27 March 1989, in Taiwandi, Balbir Singh was arrested by the
police and killed on 28 March 1989 while in police custody;
(1) On 11 April 1989, in Jhamleka, Bhai Sukhdev Singh was arrested by
the Amritsar police and killed in police custody on 12 April. The police
announced that he had been killed in an encounter;
(m) On 22 May 1989, at Wadala Canal, Harininder Pal Singh and Avtar Singh
were arrested by the Beas police. On 29 May they were killed by the police
near Jodha Sheren village. The police announced that they had been killed in
an encounter;
(n) On 21 May 1989, in M ritsar, Geja Singh was taken by officers of
police station “B” and killed on 26 May. The police later announced that he
had been killed in an encounter.
E/CN.4/1990/22
page 53
224. It was further alleged that, in June 1989, in Jammu and Kashniir State, a
Sikh youth named Sarabjit Singh, aged 26, had been arrested in his village,
Daoli Bishnah, in connection with a case of bank robbery. He had died in
detention by the next morning as a result of torture at the police station.
225. In addition, in Bihar State, several persons were said to have died in
police custody as a result of torture. The Special Rapporteur received the
following allegations of death in detention:
(a) On 2 April 1989, Ram Naresh Singh, aged 35, a farmer from Medhoul
village in Begusarai District, was taken into custody at the Khodobandpur
police station together with his father, in connection with a dispute about
land. He died on 3 April 1989 at Begusarai hospital after having been
severely beaten by members of the Khodabandpur and Cheria Bariarpur police.
It was reported that the Bihar Government had ordered a magisterial inquiry
and that the superintendent of police of Begusarai District had brought murder
charges against the officer in charge of the Khodabandpur police station and
the munshi , and suspended four police officers involved in the incident,
including the above—mentioned two;
(b) On 15 July 1989, Basudev (or Vasudeo) Ravani, aged 55, a coalrniner
and a member of the coalminers' union, was arrested and beaten to death at
Loyabad police station. It was alleged that the police had acted in
connivance with the doctor who performed the post mortem ; the doctor had
produced a report which did not implicate the police;
(c) On 9 May 1989, Mohammad Muntaz, from Hazaribagh, died at Bahri
hospital after having been tortured by the Bahri police while in their
custody. According to the police, he was injured when he jumped out of a
police jeep while being transferred from Bahri to Hazaribagh. The police did
not hand over the body to his relatives but buried it in an unknown place.
226. The Special Rapporteur requested information on the above—mentioned cases
and 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.
227. On 15 December 1989, a reply was received from the Government of India to
the Special Rapporteur's cable of 8 November 1989 stating that the
Constitution guaranteed the right to freedom of religion and ensured that the
people remained committed to tolerance and allowed persons of different faiths
fully to enjoy their rights and freedoms, and that civil servants and public
officials were enjoined to ensure that, in the course of their official
duties, they fully respected different religions and beliefs and did not
discriminate against persons professing other religions or beliefs.
228. According to the reply, despite the sincere desire of the Government to
preserve religious harmony, incidents of communal violence occasionally
occurred. Sometimes these had resulted from the activities of misguided
persons or anti—social elements; at other times they had resulted from
misunderstandings and prejudices among different community members. Whenever
instances involving communal violence took place, the Government acted swiftly
to bring the situation under control and to punish those found guilty, and
whenever governmental agencies anticipated such incidents, pre—emptive action
was taken to ensure that communal and religious peace was not disturbed.
El CN. 4/1990/22
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229. With regard to the incidents referred to in the cable, it was stated that
serious incidents involving two communities had in fact occurred in Bhagalpur,
District of Bihar, in late October 1989, and that, when it had appeared that
the civil administration might not be able to maintain law and order by
itself, the army had been called out to assist it. It was further stated
that, to prevent further loss of life, shoot—at—sight orders had been issued
in the town, a curfew had been imposed in certain parts of it, and steps had
been taken to bring the situation under control. In this regard the following
extract from the statement made by the then Union Home Minister of India on
12 November 1989, was quoted in the reply:
“The Government has always made it clear and would like to reiterate
that communal peace will be maintained at any cost and that those guilty
of indulging in communal violence will be sternly dealt with so that the
interests of the minorities and also those of the majority community
affected by such communal violence are fully respected. No place of
worship or any area considered sacred or hallowed would be allowed to be
desecrated or defiled in any way.”
230. The reply also stated that Indian law forbade a police officer to use
more than the minimum force required to deal with a particular situation, that
the legal codes denied the power to cause the death of the person sought to be
arrested by the police officer even if he was resisting or evading arrest, and
that the use of force disproportionate to the situation was unauthorized. It
was also stated that, if any illegitimate use of force by the police for any
purpose whatsoever caine to notice, the instructions required an immediate
inquiry to be conducted into the circumstances of the case, and that, if any
prima facie evidence of excessive or illegitimate use of force was found, the
delinquent official was liable to severe punishment.
231. It was also stated that the Government had been taking all possible
measures to ensure that the right to life of every citizen was protected, and
that the incidents referred to in the cable did not fall within the Special
Rapporteur's mandate. The deaths referred to had resulted from violent
communal clashes, and were clearly not the same as summary executions by
governmental agencies.
Indonesia
232. On 26 April 1989, the Special Rapporteur sent a letter to the Government
of Indonesia concerning the allegation that, at the beginning of
February 1989, dozens of people had been killed in Central Lampung, Sumatra,
when government troops, following an ambush on 3 February in which one of
their officers had been taken hostage, surrounded the hamlet of
Talangsari III, opened fire on the villagers and set fire to their homes. The
massacre had allegedly been part of an operation by paracommandos, under the
command of Captain Soetiman who was subsequently taken hostage. According to
the report, three days after Captain Soetiman had been taken hostage in
retaliation for the torture allegedly inflicted by him on several persons
arrested in early January for holding religious gatherings in their homes,
troops attacked the place where Soetiman was being held, firing at random
regardless of the presence of innocent people. Soetiman was said to have been
killed by the captors during the attack. It was alleged that 57 persons had
died in the incident and that 32 had been gravely wounded.
E / CN .4 / 1990/22
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233. The Special Rapporteur requested information on this allegation and in
particular on any investigation by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
234. On 14 November 1989, another letter was sent to the Government of
Indonesia transmitting allegations that, in East Timor, several civilians had
been killed by Indonesian military personnel since autumn 1988. The victims
were described as having been critical of the Indonesian authorities or as
having participated in non—violent activities in pursuit of political change
in East Timor. In some cases, the execution had allegedly been followed by
mutilation or decapitation of the victims or by threats to the lives and
property of witnesses.
235. Some of those allegations are listed by way of example as follows:
(a) On 31 October 1988, In Dilor—Lacluta, Carlos Mendes da Silva,
aged 22, and Luiz da Cruz, aged 20, were shot dead by members of the
726th battalion who were reportedly carrying out mass arrests. Although
several persons witnessed the killings, the local military commander issued a
statement attributing the killings to Fretilin;
(b) On 23 March 1989, in Venilale, Aleixo Ximenes, aged 30, was killed
by a member of the 328th battalion;
(c) In early April 1989, Joaquim Ximenes, aged 38, was killed by troops
of the SATCAS (Special Tasks Unit) of the 328th battalion;
(d) On 14 May 1989, in Wailale, Juliao Freitas, aged 54, was killed by
members of the 315th battalion;
(e) On 11 June 1989, in Venilale, Felix Ximenes, aged 55, from the
village of Uma—Umano Uli, and Gaspar de Sousa, aged 50, were killed by a
member of the 315th battalion.
236. The Special Rapporteur requested information on the above—mentioned cases
and 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.
237. On 11 October 1989, a reply was received from the Government of Indonesia
to the Special Rapporteur's letter of 26 April 1989 concerning the alleged
incident of killings in Lampung, Sumatra, in February 1989.
238. According to the reply, on 1 February 1989, the head of Talangsari
village, district of Way Japara, informed Captain Soetiman of the local law
enforcement authorities of the presence of a group of persons called
“Mujahidin Fisabililah Commando” in his village, who were said to be armed
with molotov cocktails, swords and poisonous arrows. It was stated that the
group's activities included inter qua incitement of the public against the
Government and the national ideology — the Pancasila — through the use of
violence. It was also stated that, on 5 February 1989, five members of the
group were arrested for possession of poisonous arrows and swords which, it
was suspected, they were preparing to use to disturb security. It was stated
further that, when the representatives of the local authorities came to the
E/CN.Li./1990/22
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group's hideout to discuss the matter peacefully, they had been attacked with
poisonous arrows and swords, and that Captain Soetiman had died in the
attack. The group was said to have refused to hand over his body to the local
authorities. On 7 February 1989, when the provincial law enforcement unit had
tried to retrieve the body of Captain Soetiman, they were attacked, and in the
ensuing clash 33 persons had died, including Anwar, alias Warsidi, leader of
the group, and another member of the group. Nineteen members of the group
were said to have been arrested.
239. It was further stated that, in addition to that incident, the group had
raided isolated police posts on 6 February 1989, and on 7 February had killed
two policemen at the Forest Police at Mount Balak, and also the head of
Sidoredjo village, commandeered a public transport vehicle, killing the driver
and a soldier, and hurled molotov cocktails at the office of the Lampung Post
newspaper in Bandarlampung, and that on 8 February they had attacked the
District Military Command. The armed forces, law enforcement units and local
authorities had been compelled to take action to protect the safety of the
public in general. It was further stated that the Government had almost
completed the investigation on the “Lampung incident” and begun judicial
proceedings, and that six of the perpetrators were on trial in the Court
of First Instance in Tanjungkarang, Lampung, which had opened on
20 September 1989. Five others would shortly be brought to trial. They
were said to be accused of being in violation of the provisions of
Law No. ll/PNPS/1963 on anti—subversion.
240. On 15 December 1989, a reply was received from the Government of
Indonesia to the Special Rapporteur's letter of 14 November 1989, transmitting
information concerning the two alleged cases in East Timor as follows:
“1. Aleixo Simenes, aged 30, father of two children, is still alive and
is presently the Speaker of the House of Representatives of the Regency of
Baucau.
“2. Felix Ximenes, aged 55, is still alive and is the primus inter pares
(raja) of Venilale region.”
Iran (Islamic Republic of )
241. On 3 March 1989, the Special Rapporteur sent a cable to the Government of
the Islamic Republic of Iran concerning the reported official death warrant or
execution order issued on the person of Salman Rushdie, a novelist of British
nationality.
242. The Special Rapporteur drew the attention of the Government to the
international obligations to which the Islamic Republic of Iran was a party,
in particular the International Covenant on Civil and Political Rights, and
stated that, according to internationally accepted norms, the life of every
human being was sacred and that no one should be arbitrarily deprived of life
without due process of law. In that regard, the Special Rapporteur appealed
to the Government to review the above—mentioned execution order, if only on
humanitarian grounds.
243. On 16 June 1989, another cable was sent to the Government of the Islamic
Republic of Iran concerning the information that two persons, named
Rouhangiz Byahxnadi and Darius Byabmadi, were facing imminent execution in
Teheran. Rouhangiz and Darius Byabmadi were said to be the sister and brother
E/CN.4/1990/22
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respectively of Colonel Attaollah Byahmadi, one of the officers involved in a
military coup attempt in 1980, who was reportedly found shot dead recently in
Dubai. It was alleged that the reason for their detention was their
relationship to Colonel Attaollah Byahmadi and that they were being tortured
in detention.
244. The Special Rapporteur, expressing his serious concern for the life of
Rouhangiz and Darius Byahmadi, appealed to the Government to take all measures
to ensure that their right to life be protected. In that connection he
referred to article 6 of the International Covenant on Civil and Political
Rights, to which the Islamic Republic of Iran was a party. He also requested
information on the above—mentioned cases.
245. On 24 July 1989, the Special Rapporteur sent a letter to the Government
of the Islamic Republic of Iran stating that, since August 1988, a large
number of prisoners allegedly detained for their opposition or suspected
opposition to the Government had reportedly been executed without trial or
after a summary trial. It was also alleged that several prisoners had been
executed after having already served or while serving sentences of
imprisonment. The Special Rapporteur had received lists of executed prisoners
containing a total of over 1,000 names, including women and minors.
246. The Special Rapporteur requested information on these allegations and in
particular on the legal proceedings under which the reported executions had
been carried out.
247. On 14 November 1989, the Special Rapporteur sent another letter to the
Government of the Islamic Republic of Iran transmitting allegations that,
during the past year, in various parts of Iran, several thousand persons had
been executed without trial or with a trial of an extremely summary nature and
that, in particular, after an armed incursion into western Iran in July 1988
by members of the People's Mojahedin Organization (PMOI), the number of
executions had markedly increased. A list of 2,023 names of persons executed
in 1988, allegedly for political reasons, and lists of 404 names of persons
executed between January and August 1989, had been received by the Special
Rapporteur. Most of the victims were said to have been PMOI members and
supporters; but hundreds of prisoners from other political factions were also
said to have been executed. Many of the executions had allegedly been carried
out secretly, with no announcement of their date or place or the place of
burial of the executed. Allegedly, no bodies had been returned. Among those
executed were allegedly prisoners who had been serving prison terms or persons
whose sentences had expired but who had remained in detention, as well as
prisoners who had never been tried or sentenced. Several victims were said to
have been rearrested after they had been released. The executed allegedly
included women and minors below 18 years of age.
248. Among the prisoners for whom the Special Rapporteur had made appeals in
his previous communications in 1988 and early 1989, the following were
reported to have been executed: Youssef Ab—Khun, Houshang Aziami,
Mahinoud Faraji, Zohref Ghaeni, Kiumars Goodarzi, Jafar Jahangiri,
Sadegh Karimi, Mohammad Khan Mohammadi, Zahra Mirzai, Malekeh Mohammadi,
Jalal Noon, Mohammad Pasha, Lohrasb Salavati, Majid Sorouri, Najaf Zarei,
Khosro Assiabani, Fariborz Eskandari, Hadi Fooladi, Salman Ghassemi,
Fatemah Izadi, Ghassem Javanshoja, Mohsen Kazemi—Zadeh, Hossein Mahiguir,
Hassan Moezi, Bahnian Moussapoor, Shahrokh Noon, Mohsen Pin,
Shahriyar Sanjabi and Asghar Vakhshouri.
El ON. 4/1990 / 22
page 58
249. Furthermore, from the beginning of 1989, a large number of persons, said
to have been convicted of non—political offences such as drug trafficking,
murder, rape and armed robbery, had allegedly been executed after summary
trials by revolutionary courts under new directives to the judiciary to speed
up the punishment of crime. The alleged offenders were said to have been
arrested, tried and executed within a few days. The defendants had allegedly
had no right to- call witnesses in their defence or to legal representation,
nor had they had any effective right to appeal against the verdict or
sentence. Among reports of executions of alleged drug traffickers were
executions of 50 persons on 16 January 1989 and of 79 others on 19 August and,
most recently, on 11 November. The total number of officially announced
executions for drug—related off ences between January and August 1989 had
reportedly reached 851, of a total of over 1,200 executions. It was alleged
that a considerable number of political oponents had been executed on drug
charges. These included the following:
Name Place Date
Homayoun Solati Tehran Unknown
Shahrokh Shams Assadabab, Hamedan April 1989
Mehdi Sabeti Mashhad 18 July 1989
Mohammad Younessi Hameda 19 August 1989
Mohainmad Gholi Ebrahimi Rasht 19 August 1989
Bishan Biglari Kermanshah 19 August 1989
Bahrani Kazemi Shiraz 19 August 1989
Massoud Sabet Shiraz 19 August 1989
250. In addition, it was alleged that supporters of the PMOI had been attacked
outside the country by Iranian government agents. Such incidents included the
killing of Mr. Ghassemlou and his aides in Vienna and of an Iranian refugee in
Larnaca, Cyprus, as well as the killing in Karachi, Pakistan, in
December 1988, of an Iranian national.
251. The Special Rapporteur requested information on the above—mentioned cases
and 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.
252. On 24 July 1989, a reply was received from the Government of the Islamic
Republic of Iran to the Special Rapporteur's cables of 14 September 1988
and 26 August 1989, (E/CN.411989/25, para.. 142). The reply stated that the
propaganda campaign carried out by enemies and dissidents of the Islamic
Republic of Iran seemed to have created the impression that punishments in the
country were not being carried out in accordance with law, and that the
accused were punished without recourse to legal procedures. The reply,
referring to articles 19, 22 and 32 of the Constitution, which provided for
human rights and basic liberties, including freedom from arbitrary arrest,
stated that the judicial authorities had investigated all cases and made final
decisions satisfying all legal requirements, without any prejudice, and that,
during the legal proceedings, the accused had had the right to defend
themselves and to appeal for further expert investigations.
253. On 24 July 1989, a reply was received from the Government of the Islamic
Republic of Iran to the Special Rapporteur's cable of 11 November 1988
(E/CN.4/l989/25, para. 142), stating that Ali—Akbar Shalgoolney had been
El CN.4/1990/22
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arrested on 8 October 1983 and tried on 25 February 1983; he had been found
guilty of subversive activities against the security and independence of the
Islamic Republic of Iran and sentenced to 15 years' imprisonment, and was
serving his term of imprisonment. It was also stated that Adel Talebi had
been tried on 27 October 1988 and condemned to death for his violent
activities against the Islamic Republic of Iran, and that the death sentence
had subsequently been carried out.
254. On 4 August 1989, a reply was received from the Government of the Islamic
Republic of Iran to the Special Rapporteur's cable of 3 March 1989, stating
that the Special Rapporteur's intervention in the case of Salman Rushdie's
criminal offence against Islam and the world Muslim community was outside his
mandate, and thus unwarranted. The reply further stated that the declaration
adopted by consensus at the 18th Islamic Conference of Foreign Ministers held
in Riyadh, Saudi Arabia, from 13 to 16 March 1989, had proclaimed, in
unambiguous terms, the apostasy of Salman Rushdie.
Iraq
255. On 19 May 1989, the Special Rapporteur sent a letter to the Government of
Iraq concerning alleged executions as follows:
(a) In the middle of October 1988, four members of a family of Assyrian
ethnic background were executed in Arbil, without charge or trial. They had
been arrested on their return to Iraq after the amnesty decree issued on
6 September 1988. The four were said to be: Poles Azzoshiba, aged 61;
Misco W. Shiba, aged 59; Hamama Poles Azzo, aged 29; Sabiha Poles Azzo,
aged 25;
(b) In the middle of December 1988, some 83 persons, the majority of
whom were said to be army deserters, were executed after having been arrested
in June or July 1988 in villages in the Koi Sanjag area of Arbil Province. No
trial was known to have been held;
(c) In early January 1989, 14 persons, army personnel and Baath Party
officials, were executed after having been arrested in Baghdad and Mosul in
December 1988 together with some 200 persons on suspicion of plotting a coup.
No trial was known to have been held before their execution;
Cd) In September 1988, two doctors, Hishani Mahir al—Salman and Isniáil
Hassan al—Tartar, were executed on the evidence of a taped recording of
remarks which they had made regarding the President of the Republic during a
private party in Baghdad. No public trial was known to have been held prior
to their executions.
256. The Special Rapporteur requested information on these allegations and in
particular on the legal proceedings under which the alleged executions had
been carried out.
257. On 14 November 1989, the Special Rapporteur sent another letter to the
Government of Iraq transmitting allegations that, in mass detention centres
for forcibly relocated Kurds, large numbers of persons had died as a result of
extremely harsh conditions, such as malnutrition, physical and psychological
ill—treatment, and epidemics of infectious diseases. These detention centres
were said to be: Nekrat al—Salman, Al Ramadi, Dara Man, Tob Zowa, Al—Dibis
E/CN. 4/1990/22
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and Abu Ghraib. The detainees reportedly included civilian victims of
chemical weapon attacks on the areas of Kirkuk and Suleimaniyah governorates
and other inhabitants of Kurdish villages. It was alleged that among the
detainees loss of life was occurring daily, especially among children and the
elderly.
258. The names of 13 persons who had allegedly died in detention at
Nekrat al—Salman prison and of four infants and a father together with his
three children who had allegedly died at Al—DiMs prison were mentioned in the
letter.
259. In addition, it had been alleged that, in August and September 1988, a
large number of persons had been executed in various cities without trial or
after a trial of a summary nature. Those executed were reportedly accused of
deserting from the army, harbouring rebels or co—operating with opposition
forces.
260. Some of the alleged incidents of executions were listed as follows:
(a) In Basrah, 195 persons including Khalid Subhan Al Assadi Ja'ffir
Abdul Hassan Al Assadi, Sabra Hamed Al—Shainary and Sahi Abdul Wahab;
(b) In Nassiriya, 285 persons, including Kathum Al Ramah, sheikh of the
Al—Fehood tribe;
(c) In Misan, Al Amara, 27 persons, including Noosa Abdel Hadi;
(d) In Al Najaf, Rainaz, 96 persons, including Abdel Nabi Hadi, Makhtar
of the Raiuaz country and his five nephews;
(e) In Al Muthanna, 59 persons, including the head of the National
Council for the region;
(f) In Babel, 43 persons, including the head of the Popular Organization
in the area;
(g) In Al Anbar, 22 persons, including the sheikh of the Al—Abmadi tribe;
(Ii) In Sulaimaniyah, 20 persons executed on different dates for
desertion;
(i) In Mosul, Hanan Al—Halil, two persons;
(j) In Dohok, a peasant named Abu Mas'oud;
(k) In Arbil, Enconwa, the family of Abdel Messiah Polis;
(1) In Arbil City, 12 persons who had turned themselves in during the
amnesty period;
(m) In November 1988, at Al Qosh junction, a war deserter.
261. The Special Rapporteur requested information on the above—mentioned cases
and 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.
E / CN .4 / 1990 / 22
page 61
262. On 26 June 1989, a note was received from the Government of Iraq
transmitting information concerning the Government's decision to create a
depopulated boundary strip of land no more than 30 km wide inside Iraqi
territory and along the 1,200 km boundary with Iran and Turkey. In order to
facilitate the transfer of people from the areas, the Government would grant
each family compensation.
263. On 28 June 1989, a reply was received from the Government of Iraq to the
Special Rapporteur's letter of 19 May 1989 stating that Susan Abdul Maseeh
Boulos Salyouh, who had been referred to as Poles Azzoshiba in the Special
Rapporteur's letter, had been one of the leaders of the groups that had
collaborated with the Iranian régime, borne arms against the legitimate
authority and committed a number of assassinations and acts of sabotage
against public and private institutions in the city of Arbil and the district
of Am Kawah. He had been killed during a skirmish while engaging in his
criminal operations. The other persons mentioned, who were members of his
family, had been killed in tribal vendettas resulting from his above—mentioned
crimes against citizens.
264. With regard to allegations concerning the execution of 83 persons, it was
stated that the competent authorities denied those allegations and requested
detailed information, including names and addresses, concerning the persons
who had allegedly been executed.
265. It was further stated that the competent authorities also categorically
denied the allegation of executions of 14 persons the purpose of which was to
fabricate accusations against Iraq, and that they requested further
information, including the names of the persons concerned.
266. With regard to the two doctors, Ismail Hassan al—Tatar and Hisham Mahir
al—Salman, it was stated that they had been sentenced to death on
28 June 1988, under article 193/2/c of the Amended Penal Code, by a competent
court which had observed all the legal safeguards and had appointed Talib
Wada'i as their defence counsel. They had been charged with committing sexual
assault on female patients in their clinic in the course of their professional
activities, in which they had taken advantage of the victims' vulnerability,
in total disregard of professional ethics and the Hippocratic oath to respect
the honour of their patients.
Israel
267. On 14 November 1989, the Special Rapporteur sent a letter to the
Government of Israel transmitting the allegations that on 5 September 1989,
the Chief of Staff of the Israel Defence Force (IDF) had told the Knesset
Foreign Affairs and Defence Committee, that since the beginning of the
uprising on 9 December 1987, IDF troops had killed 469 Palestinians, and
that 21 further deaths were “unclear”. Another 100 Palestinians were said to
have been killed by fellow Palestinians for alleged collaboration. According
to statistics published on 1 August 1989 by the Israeli Information Centre for
Human Rights in the Occupied Territories, “Betzelem”, 509 Palestinians had
been killed by Israeli soldiers and civilians since the start of the
uprising, 477 of them by live ammunition and plastic bullets, including
23 children under the age of 13 and 76 aged between 13 and 16; 32 others had
died of other causes, such as beatings, burns or electrocution; over 70 others
had died shortly after exposure to tear—gas, including some 30 babies.
El CN. 4/1990 / 22
page 62
268. According to the reports received, many deaths in the West Bank, the
Gaza Strip and East Jerusalem had occurred during confrontations between
the IDF and Palestinian protesters. However, other persons had been killed by
IDF troops during house—to—house searches, at roadblocks, or in circumstances
other than violent demonstrations. It was alleged that few of such cases of
death had been adequately investigated and that those found responsible had
received only disproportionately light punishments.
269. In July 1989, it was reported that in the Gaza Strip new regulations for
opening fire at suspects had been introduced, according to which Palestinians
in the territories who went out on the streets with their faces masked could
be fired at, if they ignored an order to halt. In September 1989, it was
reported that the IDF had issued new open—fire orders to soldiers serving in
the territories. Under the new orders, masked individuals were said to be
considered as suspects who could be shot at with live ammunition even when
they were unarmed. It was alleged that these new regulations and orders had
contributed to the considerable increase in the number of deaths.
270. The Special Rapporteur listed 29 cases which had reportedly occurred
between February and September 1989.
271. The Special Rapporteur requested information on these allegations and in
particular on any investigations by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
272.. On 21 November 1989, in a cable sent to the Government of Israel, the
Special Rapporteur referred to his cable of 10 January 1989 (E/CN.4/1989/25,
paras. 169—170) concerning Soha Bechara, who had allegedly been arrested on
Lebanese territory in November 1988 and accused of having made an attempt on
the life of Antoine Lahad, “General of the South Lebanese Army”.
273. The Special Rapporteur, having received further expressions of fear that
she might have been executed after being handed over to the South Lebanese
Army, and also in the absence of any information from the Government
concerning the circumstances of her detention and the legal proceedings in her
case, was concerned about her fate and appealed to the Government to make
every effort to ensure that her right to life be protected. He also requested
information on her case and in particular on her current circumstances.
274. On 22 December 1989, another cable was sent to the Government of Israel
concerning the allegation that the Israeli Defence Forces (IDF) repeatedly
shelled towns and villages immediately north of the so—called”Security Belt”
in the southern part of Lebanon, killing and wounding civilians and causing
serious material damages. According to the information, such shelling by
the IDF on civilian targets had recently taken place, for example, on
2 December 1989 on the town of Nabatie and the villages of Kaffaroman and
Habush, killing two persons, including a two—year—old child, and on
4 December 1989 on the same town, killing four persons, Fears were expressed
regarding the safety of civilians living in the areas concerned. Furthermore,
it was alleged that two persons had been killed on 27 November 1989 at the
Khiyam detention centre in south Lebanon when members of the IDF, acting in
collaboration with the so—called “Southern Lebanese Army” (SLA), opened fire
indiscriminately on detainees who were said to be on hunger strike, protesting
E/CN. 4/ 1990/22
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against the conditions of detention. The IDF and the militia group were
alleged to have refused the International Committee of the Red Cross (ICRC)
access to the Khiyam detention centre.
275. The Special Rapporteur, expressing his concern for the Lebanese civilians
in the areas concerned, appealed to the Government to investigate the
above—mentioned incidents and to take all necessary measures to prevent
further deaths; he requested information on the above—mentioned incidents and,
in particular, on the outcome of the investigation and the measures taken to
protect the lives of civilians.
276. At the time of preparation of the present report, no reply had been
received from the Government of Israel.
Malawi
277. On 26 April 1989, the Special Rapporteur sent a letter to the Government
of Malawi concerning the allegation that, in November 1988, Osborne
Mkandawire, a 37—year--old journalist employed by the Department of Information
of the Office of the President and Cabinet, had died in custody as a result of
torture, after being arrested in early May 1988 and detained without charge at
Mikuyu Prison near Zoniba. His family had reportedly been informed by the
authorities that he had committed suicide.
278. The Special Rapporteur requested information on this allegation and in
particular on any investigation by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
279. At the time of preparation of the present report, no reply had been
received from the Government of Malawi.
Maldives
280. On 25 August 1989, the Special Rapporteur sent a cable to the Government
of Maldives concerning the allegation that 16 persons, 4 Maldivian and
12 Sri Lankan citizens, had recently been sentenced to death for their
involvement in an attempt to overthrow the Government in November 1988. One
of the 16 persons was named as Abdul Luthufi. It was alleged that the
defendants might appeal to the President for clemency but had no right to
appeal to a higher court.
281. On 13 December 1989, a reply was received from the Government of Maldives
to the Special Rapporteur's cable of 25 August 1989, stating that, on
12 August 1989, 16 persons, 4 Maldivians and 12 Sri Lankan nationals, had been
sentenced to death by the High Court of the Maldives, in full conformity with
the legal requirements of the Maldives, for their involvement in conspiring to
overthrow the legally established Government of the Republic of Maldives and
organizing the terrorist armed attack in Male' on 3 November 1988.
282. It was also stated that the legal procedure of the Republic of Maldives
stipulated that any decision of the High Court might be appealed to the
President of the Republic for judicial review within a period of 30 days after
such decision. It was further stated that the 16 persons, despite having been
informed of this procedure, had failed to make such an appeal to the President
El CN. 4 / 1990 / 22
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within the prescribed time period and that they had appealed, instead, to the
President for clemency, in consideration of which he had commuted their death
sentences to life imprisonment on 17 September 1989.
283. The Special Rapporteur, referring to article 14, paragraph 5, of the
International Covenant on Civil and Political Rights, requested information on
the above—mentioned cases and, in particular, on the provisions of the
procedure in accordance with which the rights of the defendants had been
defined and guaranteed during the trials.
Mauritania
284. On 30 October 1989, the Special Rapporteur sent a letter to the
Government of Mauritania transmitting allegations that several members of the
black population in the south of the country had been arrested, and some of
them tortured and executed by security forces in June 1989. Most of the
persons concerned were reportedly peasants or shepherds who had resisted
expropriation of their land and forced expulsion to Senegal. Attention had
been drawn to the following cases:
(a) Mohamed Yero Ba, headmaster of a school in Tetiane (Kaedi); it is
claimed that he was tortured by police officers and died at the Kaedi police
station shortly after his arrest in the second half of June 1989;
(b) Abdramane Abda Lans, a shepherd from the region of M'Bout,
Abou Ka, aged 26, a shepherd from Dindi (Kaedi) and Samba Ka, aged 52, a
shepherd from Tetiane (Kaedi), were allegedly killed by members of the
security forces in June 1989.
285. The Special Rapporteur requested information on these allegations and in
particular on any investigation by the competent authorities, including
autopsies, and on any measures taken to prevent the further occurrence of such
deaths.
286. At the time of preparation of the present report, no reply had been
received from the Government of Mauritania.
Mexico
287. On 27 June 1989, a cable was sent to the Government of Mexico concerning
the allegation that members of the Union of Indigenous Communities of the
Mixe Zone of the Isthmus (UCIZONIO) had received death threats from military
personnel belonging to the Sixth Artillery Regiment, Matias Romero detachment,
Oaxaca. It was alleged that, on 16 April 1989, the Mixe representative,
Cristoforo José Pedro, had been murdered in the town of Buenavista, Oaxaca, by
four individuals using machetes. One of the four was reported to have been
detained and to have identified one of his accomplices as Juan Abad Juan
Valdespino, a soldier from the above—mentioned regiment.
288. The information received further indicated that the Judicial and Human
Rights Commission of UCIZONIO had instituted criminal proceedings against the
alleged murderers, as a result of which it had been subjected to intimidation
by members of the regiment, led by its commanding officer, Colonel Javier del
Real Magallanes. The intimidatory acts had included violent incursions by
military personnel into the offices of UCIZONIO on 26 and 29 April 1989 and
E/CN. 4/1990/22
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threats against the organization's personnel. Furthermore, information was
received that on 11 May 1989 Telesforo Lara Lara had been kidnapped in Hidalgo
by a paramilitary group. His mutilated body was reported to have been found
later. Paramilitary groups, supported by the army, were alleged to have
prevented his relatives from recovering the body. In addition, the peasants
who reported the incident were alleged to have been detained.
289. The Special Rapporteur appealed to the Government to investigate the
above—mentioned cases and to take all necessary measures to protect the right
to life of the above—mentioned persons facing death threats, in particular
those who demanded criminal justice before the court. He requested
information on these cases, and in particular on the measures taken to protect
their lives.
290. On 6 July 1989, another cable was sent to the Government of Mexico
concerning the allegation that, on 19 May 1989, in Hidalgo, Antonio Marcos
Hernandez, a peasant leader, had been killed in a land ownership dispute. In
past years, other peasant leaders had allegedly been killed for similar
reasons. Among those killed were said to be Benito Hernandez Cruz in 1984,
Leodegario Martinez in 1985 and Anacleto Ramos Ramirez in 1987. It was
alleged that well—known landowners were responsible for these killings. It
was also alleged that no investigations had been carried out into these cases
by the Hidalgo State authorities and the State Attorney, and that the cases
had remained unclarified for years, while those responsible enjoyed impunity.
Expressions of concern had been received for the life and safety of the
witnesses of these killings in the region, and in particular of the lawyers,
Telesforo Miranda, Pilar Noriega and Barbara Zamora, who had represented the
peasants in those cases.
291. The Special Rapporteur appealed to the Government to investigate those
cases and to take the necessary measures to protect the right to life of the
persons concerned, in particular those who demanded justice before the court.
He requested information on the cases and on the measures taken by the
Government.
292. On 10 August 1989, another cable was sent to the Government of Mexico
concerning alleged death threats against lawyer Rosario Huerta Lara, legal
representative of the Malmia indigenous community of Embarcadero, in the
municipality of Ilamatlan, Veracruz. According to the information received,
on 7 July 1989 the peasant Pedro Hernandez had been murdered in Embarcadero.
He had reportedly been warned previously by the delegate in Veracruz of the
Department of Agrarian Reform, Mario Ramirez Breton, not to return to
Embarcadero because he would be killed. A similar warning had reportedly been
given to the peasants Zozimo Hernandez, and Carolina Ramirez, and to lawyer
Rosario Huerta Lara. On 12 July 1989, the same officer had allegedly warned
the lawyer a second time not to go to Huayacocotla because she would be killed
and the same warning had been given to Zozimo Hernandez, because both “had
been clearly identified”.
293. The Special Rapporteur appealed to the Government to take measures to
protect the right to life of those threatened and requested information on the
measures taken by the Government.
El CN.411990 / 22
page 66
294. On 25 August 1989, a reply was received from the Government of Mexico to
the Special Rapporteur's cable of 6 July 1989, stating that the homicide of
Artemio Marcos Hernández had in no way constituted a summary or arbitrary
execution but a common crime, and that it had been investigated by the
competent authorities of the State of Hidalgo, including autopsy, but that it
had not been possible so far to identify the perpetrators.
295. On 29 August 1989, a reply was received from the Government of Mexico to
the Special Rapporteur's cable of 10 August 1989, stating that the incident in
question did not constitute a matter within the mandate of the Special
Rapporteur. It was stated that the Government of the State of Veracruz had
investigated the case, that the technical juridical study currently undertaken
concerning land in the municipality of Llamatlán, Veracruz, had stirred up a
certain discontent among the small landowners, and that the serious problem of
landownership in this municipality had caused conflicts, including violent
ones. In that context, the Secretary of the Agrarian Reform had warned the
lawyer Huerta that discontent might be incited and that her mere presence
could cause disturbance. The lawyer had apparently accepted the warning made
by Mr. Ramirez Bretón without any bad feeling or misunderstanding.
296. On 20 October 1989, another reply was received to the Special
Rapporteur's cable of 10 August 1989 concerning the killing of Pedro Hernández
Reyes. According to the reply, he had been killed on 6 June 1989 on his way
home from legal proceedings in the State of Hidalgo, at a place called
Tecomatechico along the road leading from Ilamatlán to Embarcadero.
A preliminary inquiry into the case had been held by the Office of the
District Attorney in Huayacocotla, Veracruz, and the judicial police for
Huayacocotla and Ilamatlán was continuing the investigation.
Nicaragua
297. On 24 July 1989, a letter was sent to the Government of Nicaragua
transmitting allegations that persons alleged to be members of the Contra
rebels had been killed by the security forces. The following cases were
described as occurring in the second half of 1988:
(a) On 18 July 1988, members of the Diriaxnba police killed the peasant
José Manuel Hernandez Soto when he objected to the arrest of his son Francisco
(EL Carrizal, Carazo);
(b) On 12 August 1988, State security agents arrested the peasant
Alfonso López Rivera in Estali. Some days later, the Ministry of the Interior
stated that López, a member of the Contra, had died in a clash with the army;
(c) On 6 September 1988, Vicente Ruiz Acu2ia was arrested in San Isidro,
Matagalpa. Some days later, his body was located at the Hospital de la
Trinidad;
(d) On 28 October 1988, army personnel killed Gavino Martinez Garcia
while he was working in the fields in Waslala, department of Zelaya;
(e) On 27 July 1988, Eleazar Herrera, chairman of the Departmental
Office of the Conservative Party in Matagalpa, was killed by soldiers;
E/CN .4/1990 / 22
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(f) On 24 August 1988, Valeriano Torres Gómez, member of the town
council of the Valle del Wapi, was killed in the port of la Esperanza by
soldiers.
298. The Special Rapporteur requested information on these allegations and in
particular on any investigation by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
299. On 16 March, 12 Nay, 6 June, 3 July and 20 September 1989, replies were
received from the Government of Nicaragua to the Special Rapporteur's letters
of 28 July and 9 November 1988 concerning alleged cases of summary or
arbitrary executions as follows:
(a) Roger Francisco Poveda Osorio . On 8 April 1987, Roger Francisco
Poveda Osorio was sentenced to two years and six months' imprisonment for
armed robbery. He began serving his sentence in the “Mario Gonzalez”
disciplinary unit. On 24 May 1987, Mr. Poveda began drinking early in the day
and, in the evening, he picked up a gun and told his friends that he was going
to kill himself because of personal problems. This attempted suicide was
nevertheless prevented. In the early morning hours, Mr. Poveda managed to get
his hands on another gun and used it to shoot himself in the stomach; he died
in the presence of witnesses;
(b) Eddy Mpisés Barrera Morales . At 8.45 a.m. on 21 April 1988
Eddy Moisés Barrera Morales and Francisco Barrera, both members of the
Sandinista People's Army, stationed at the “Hilario Sanchez” Officers' Centre,
Jinotega, approached a taxi opposite the public auction office at Managua.
They threatened the owner of the taxi, seized his belongings and forced him to
take them to the city of León. At 11 a.m. on the same day, these men
threatened with death with their rifles two officers of the Sandinista Police
stationed at Km. 81 on the Managua—León road, whom they disarmed and robbed of
their belongings. They then exchanged vehicles, abandoned the taxi, compelled
the police officers to take them to Pagronica at Malpaisillo, and abandoned
them there. At 7.30 a.m. on the following day, 22 May 1988, the two Barreras,
who were eager to escape, intercepted a small private truck and forced the
driver to take them to the “Cuatro Pa1os' farm. The driver succeeded in
advising the police of the whereabouts of the men, and as a result the police
of San Francisco Libre, in co—operation with the police of Le6n, found the two
Barreras in an uninhabited house; upon being summoned to surrender, they
answered by opening fire and there was an exchange of shots which resulted in
the death of Eddy Barrera and in injuries to Francisco Barrera;
(c) ( Jarlos Rods Downs . Carlos Rods Downs was arrested on 19 May 1988 by
the Corn Island police and taken to a police unit. Melvin Davila Soza, second
lieutenant at the Ministry of the Interior, who had been sent from Bluefields
to arrest Hods Downs and Omar Apolinar Amador Valle, a mechanic resident of
Cucrahill, took Hods Downs out of the police unit at about 11:30 p.m. on
19 May 1988 and told him to run. Davila Soza and Anador Valle then shot him
from behind. He was taken to the clinic of Corn Island where he received
minimum first aid treatment, due to the inexperience of the nurses in
treatment of bullet wounds. Hods Downs died on 20 May 1988 due to
haemorrhage. The Military Tribunal condemned Melvin Davila Soza and
Omar Amador Valle to six years' imprisonment;
E/CN. 4/1990/22
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(d) José Felix Lago Soto . In response to a complaint filed in
connection with the death of Felix Lago Soto in the fifth military region,
the Military Court of that region investigated the events, the alleged
perpetrators of which were two military personnel. Between 4 and
7 March 1988, troops from Pedro Battalion had a skirmish with a group of
rebels at Villa Albers settlement, region of El Almendro, Nueva Guinea
district, wounding and arresting Felix who had been going by the name of
Adolf o. He was taken the same day to the infirmary of the 53rd Infantry
Battalion, where he was treated. On 10 March at 7 p.m., he escaped from the
infirmary by jumping out of a window, causing the soldiers on guard to shout a
warning which he did not obey. The guards then fired at him, hitting him with
an AKA rifle bullet; he died the following day. During the subsequent
investigations, which included testimony by the head of Medical Services of
the 53rd Infantry Battalion and two others, all agreed that Felix had taken
flight and that when he did not obey the shouted warning he was shot, which
caused his death. Finally, the Court which heard this case ruled that the
proceedings should be dismissed, since the military personnel had acted under
the protection of article 28, paragraph 9, of the Penal Code, which states:
“Article 28 — The following are exempt from criminal responsibility:
(9) Anyone acting in the performance of a duty or in the legitimate exercise
of a right, authority, office or function”;
(e) The Cruz Mairena family . On 17 January 1988, at a village called
“El Chile”, in the district of San Rainón, department of Matagalpa, the
Cruz Mairena family was murdered by Antonio Altamirano Salmerón ,
Juan Treminio Mendoza, and Jacinto and Guillerino López. The motive for the
murder was a dispute regarding a plot of land that had been sold to
Felipe Cruz by the citizen Santos Hernmndez. The perpetrators of the crime
entered a maize plantation armed with AKA rifles and machetes; they went on
to fire at the Cruz Mairena family, killing Gloria Mairena, Felipe Cruz,
Sandra Mairena, the boy Juan Cruz Mairena and another unidentified boy, and
wounding the boy Jairo Cruz in the back. The murderers then vented their fury
on the dead bodies. On being informed of what had happened, the Ministry of
the Interior carried out an investigation and arrested Jacinto and Guillermo
Lopez, who were convicted and sentenced to 30 years' imprisonment. Juan
Trezninio Mendoza was killed while resisting arrest; as for Antonio AlmerOn,
he was not apprehended and remained at large. None of the military
authorities of the country were involved in the events described above, the
perpetrators of the crime being civilians;
(f) Maria Eustacip Leon Estrada . On the basis of a complaint filed by
Mario Leon Solano, proceedings were initiated to investigate the alleged
murder of Maria Eustacia Leon Estrada. As a result of the investigations
carried out and on the basis of the statements made by eyewitnesses, it was
possible to clear up the case and to determine the circumstances in which it
occurred, which were as follows. During the night of 4 September 1987, a
platoon of 25 men of the Popular Sandinist Army was ambushed by a group of
rebels in the sector known as la Cainpana, located close to the El Guabo
Operational Support Base, in the Sento TOmas Administrative District,
Chontales. When the ambush was repelled, the rebels fled. The members of the
Army pursued them and, when they were passing by the house of Maria Eustacia
Leon Estrada learned that she and her two children had been killed in the
cross—fire between them and the rebels. In view of the above, the Military
Court which tried the case decided that no criminal responsibility could be
attributed to the members of the Popular Sandinist Army as there was no
E/CN.4/1990/22
page 69
certainty as to the cause of the deaths of MarIa Eustacia ] eon and her
children, which had occurred in circumstances under which it was virtually
impossible to determine any individual responsibility. Consequently, the
Military Court issued a general dismissal of proceedings in this case on the
grounds that no criminal responsibility could be attributed.
Pakis tan
300. On 30 October 1989, a letter was sent to the Government of Pakistan
transmitting allegations to the effect that, under Ordinance XX of
26 April l98L , which prohibits Ahmadis to profess, propagate or practise their
faith as Islam, several members of that faith had been killed or become the
targets of murder by unidentified persons or incited mobs. The authorities
allegedly failed to intervene in order to protect the persons from attack or
to investigate the killings or attempted killings.
301. The following cases, allegedly having occurred in 1989, were described in
the letter:
(a) On 9 March 1989, in Sialkot, Khawaja Sarfaraz Ahniad, a lawyer, was
attacked and seriously injured by a man who had in the past made an
unsuccessful attempt on the life of an Ahmadi economist;
(b) On 9 April 1989, in Faisalabad, Zaheer Ahmad was attacked and
seriously injured by an opponent of Ahmadiyya;
(c) On 14 May 1989 in Sakrand, Nawabshah district, province of Sindh,
Dr. Monawar Ahmad was shot dead at his clinic by two unidentified persons;
(d) On 16 July 1989, in Chak Sikander, Gujrat district, Nazir Ahuiad was
attacked by a mob and shot dead in a riot against the Abmadi inhabitants of
the village. Two other Ahniadis and an anti—Ahmadi rioter were also shot
dead. The police had looked on during the incident;
(e) On 2 August 1989, in Qazi Ahniad, Nawabshah district, province of
Sindh, Dr. Abdul Qadir was shot in his clinic by an unknown gunman. He died
on his way to hospital. He was said to be the twelfth victim of attacks aimed
at Ahniadis in Sindh province;
(f) On 28 September 1989, in Nawabshah, province of Sindh,
Dr. Abdul Quddus, an Abmadi, was shot dead by two unknown gunmen, as he was
returning to his clinic.
302. In addition, it was alleged that four Abmadi prisoners, who had been
sentenced to death in 1986 by the Special Military Court, were excluded from
amnesty and a retrial even though the Government had reportedly declared in
December 1988 that death sentences passed by military courts were null and
void. The four persons were said to be Mohammad Llyas Munir and Naeem ud—Din,
sentenced to death in February 1986 by Special Military Court No. 62 in
Multan, and Nasir Abniad Qureshi and Raf I Abmad Qureshi sentenced to death on
3 March 1986 by the Special Military Court in Sukkur.
303. The Special Rapporteur requested information on these allegations and in
particular on any investigation by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
E / CN .411990 / 22
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Panama
304. On 14 November 1989, a letter was sent to the Government of Panama
transmitting allegations that during the past year a number of killings, for
which members of the Government forces were allegedly responsible, had
occurred. The cases are:
(a) Nicolas Van Kleef. This 52—year—old Netherlander, a member of the
mission operated in Panama by the Paulinist religious order, was shot and
wounded on 7 May 1989 by a member of a unit from the Paz battalion of the
Panama Defence Forces named Olmedo Espinoza. According to information
received, on Sunday, 7 May, Father Van Kleef, together with a 16—year—old
youth, was driving by car in the community of Santa Marta, Bugaba, Province of
Chiriquls, to announce that he was due to celebrate mass, and the incident
occurred. He was taken to the David Hospital where he died from his wounds on
the following day;
(b) Luis Antonio Gonzalez Santamaria. This 21—year—old first—year
student in the faculty of law and political science at Panama National
University was fatally injured by a shot by a member of the Panama Defence
Forces from the anti—riot unit known as the tiDobermansil on 3 August 1989. The
incident occurred at 3 p.m. on the University campus, more precisely on the
premises of the arts faculty and school of music, in the course of action
taken by the Defence Forces against an anti—Government demonstration and
against the head of the OAS Mission. Shortly afterwards he died from his
wounds in Bella Vista Hospital.
305. The Special Rapporteur requested information on these allegations and in
particular on any investigation by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
Peru
306. On 3 March 1989, a cable was sent to the Government of Peru concerning
the alleged threat to the life of Benedicta Maria Valenzuela Ocayo, who
testified before Public Prosecutor Carlos Escobar Pineda about the summary or
arbitrary execution of 28 persons at Cayara on 13 May 1988. The Special
Rapporteur referred in the cable to his cable of 4 January 1989 concerning the
alleged killing of the witnesses of the Cayara incidents and death threats
made against Carlos Escobar Pineda and concern for the life of Benedicta Maria
Valenzuela Ocayo (E/CN.4/1989/25. paras. 208—209).
307. It was alleged that 9 since the other persons who had testified before the
Public Prosecutor Escobar Pineda concerning the involvement of the armed
forces in the killing had been murdered or disappeared, Valenzuela Ocayo was a
witness of these killings and that no special measures had been taken to
protect her,
308. The Special Rapporteur requested information on the measures taken to
protect the lives of persons who had received death threats.
309.. On 8 March 19899 another cable was sent concerning alleged death threats
against Lucas Cachay Huamán, chairman of the Front for the Defence of the
Interests of the Department of San Martin. According to the information
E/CN. 4/1990/22
page 71
received, sticks of dynamite had been used in attacks on his home on
24 February and 26 August 1988 and death threats had later been directed
against him and his family, allegedly by members of the army and of the
“Commando Rodrigo Franco” paramilitary group.
310. The Special Rapporteur appealed to the Government to investigate the
above—mentioned allegations and requested information on the results of such
investigation as well as on the measures taken to protect the life of the
person concerned.
311. On 3 July 1989, another cable was sent to the Government of Peru
concerning alleged death threats made against Julio C. Falconi Gonzalez, a
lawyer who was said to have been involved in cases of summary executions and
disappearances and other political of fences. According to the information,
Falconi Gonzalez had recently received many anonymous death threats and his
offices were watched by persons who drove around in automobiles without
registration plates and with polarized glass windows. Moreover, a Peruvian
magazine had recently published an article in which he was stated to be a
lawyer of Sendero Luminoso, owing to his professional relationship with the
lawyer Manuel Febres, who had been killed in July 1988 by the so—called
Rodrigo Franco Commando. All these events were said to have made him fear for
his life and safety.
312. The Special Rapporteur appealed to the Government to investigate the case
and to take measures to protect his life and requested information on the
outcome of the investigation as well as on the measures taken by the
Government.
313. On 24 July 1989, a letter was sent to the Government of Peru transmitting
allegations to the effect that, during the first half of 1989, many violations
of the right to life had occurred in Peru, particularly in the areas under a
state of emergency. Up to 29 April 1989, the state of emergency had affected
55 provinces and 8 departments and more than 45 per cent of the total
population. In the so—called “emergency areas”, the military political
commands, established under Act No. 24.150, had extensive powers of control
over the inhabitants. In 1988, the number of deaths due to acts of political
violence had risen to 1,460, a figure higher than that registered in previous
years. Most of the victims were said to have been civilians (787 according to
one source). Many of the violations of the right to life were attributable to
rebel groups such as the Sendero Luminoso (Shining Path) and the Movimiento
Tupac Amaru (Tupac Amaru Revolutionary Movement).
314. However, many reports attributed deaths to the armed forces, security
services and a paramilitary group named the “Comando Rodrigo Franco”. This
group was said to have, carried out various killings, including that of a
Peruvian parliamentarian, and to have committed other terrorist acts against
members of different opposition parties. The “Comando Rodrigo Franco” was
said to be responsible for terrorist acts against members of the Catholic
Church in Puno, the abduction and murder of the lawyer Manuel Febres in
July 1988 and the death of journalists, trade unionists, human rights
activists and others, as well as for death threats which had forced the
victims to leave their place of residence in Peru in order to safeguard their
own lives and the lives of their relatives. The reports and testimonies
received stated that the types of activity carried out by this group would
indicate that it was a paramilitary command made up of members of the national
E/CN .411990122
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police and/or persons linked to the ruling party. It was alleged that the
State organs responsible for maintaining public order had failed to take
action in relation to the investigation of the terrorist acts committed by
this group since, despite the fact that a parliamentary commission had been
set up to investigate its activities, the judicial authorities did not arrest
or charge anyone for these acts, which had occurred in areas where the armed
forces exercised strict control. The following case was described in
connection with this command:
315. On 13 February 1989, the bodies were found of Saál Cantoral,
Secretary—General of the Federación Nacional de Trabajadores Mineros y
Metalurgicos del Peth (National Federation of Mine and Metallurgical Workers
of Peru) and of Consuelo Garcia, a member of “Las Filomenas”, an organization
engaged in training miners' wives. The latter had a fractured skull, which
appeared to have been crushed by a heavy vehicle. Pinned to the bodies were
notes containing slogans and threats from which it could be inferred that
Sendero Luminoso had been responsible for the killings. However, the leaders
of the National Federation of Mine and Metallurgical Workers of Peru stated
that they did not believe that Sendero Luminoso was responsible, since all the
mine workers leaders had received death threats from the “Comando Rodrigo
Franco” which might have come from government forces. According to the
information received, Sa tl Cantonal had led two strikes of miners and had been
accused by the mine—owners of having links with Sendero Luininoso.
316. The following cases of killing were described as committed by government
forces:
(a) On 31 May 1988, Javier Eduardo Arrasco Catpo, a student in the
Faculty of Biology at the University of San Marcos, died after being shot at
by members of the police force;
(b) On 18 July 1988, Carlos A. Barnett Azpur, aged 28, a fifth—year law
student at the University of San Marcos and a former leader of the Federation
of Students of the National University of Engineering Studies, was hit by a
bullet shot by Civil Guard personnel during a demonstration;
(c) Hernán Pozo Barrienos, aged 21, a student in the Faculty of
Anthropology of the University of San Marcos, was shot dead by police
personnel during a demonstration held on 12 October 1988;
(d) On 25 November 1988, Hector Raül Laureano Reynmundo, aged 18, a
first—year student in the Faculty of Pedagogy, was shot dead by Civil Guard
personnel who knocked him down and fired five bullets at point—blank range at
his head and thorax, in the National University of Central Peru (IJNCP);
(e) In the course of 1988 a number of the witnesses of the massacre in
Cayara (E/CN.4/1989/25, para. 210) were reported to have been killed. On
15 December 1988, the public transport vehicle carrying the mayor of the
district of Cayara, Justiniano Tinco Garcia, and the secretary of the district
town hall, Fernandina Palomino Quispe, both witnesses of the occurrence in
Cayara 9 and who had made accusations against military personnel alleged to be
responsible for various off ences, was intercepted by a group of hooded men who
used threats to force all the passengers to leave the vehicle and to move
away, with the exception of the two persons previously mentioned and the
E / CN .4 / 1990 / 22
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driver of the vehicle. According to witnesses, Tinco Garcia and
Fernandina Palomino were tortured and afterwards killed by a burst from a
machine gun. The driver of the vehicle, Antonio Felix Garcia Tipe, was tied
to the vehicle, which was blown up by a grenade.
(f) On 24 November 1988, Eduardo Rojas Arce, a journalist for the
magazine Caretas , and Hugo Bustiós Saavedra, the reporter for the daily
newspaper Actualidad , who had been sent by their papers to Erapata, in the
province of Huanta, Ayacucho, were shot at by a group of masked men. The
group killed Bustids Saavedra and wounded Rojas Arce, who was taken to
hospital. It was alleged that a patrol of Civil Guard and army personnel were
in the neighbourhood at the time of the incident and went to the scene, but
took no steps to obtain evidence of the killing, and that witnesses stated
that the persons responsible for the killing were military personnel,
including an army captain who went up to Bustids Saavedra and finished him off
with a bullet;
(g) On 7 December 1988, army personnel were alleged to have killed
M xiino Villacrisis Henriquez and Wilberto Contreras Garcia in Nahuinpuquio,
Quina;
(h) On 16 January 1989, Maria Guinarita Pisco Pizango, aged 26, wife of
Juan Pablo Saboya Puerta who had been arrested and disappeared on
8 January 1989, was arrested by five soldiers who burst into the house.
Shortly afterwards she was found dead, her head and feet tied to a tree, and
showing visible signs of torture, rape and a bullet mark;
(i) On 13 April 1988, Eleodoro Bandez(i Anccasi, aged 43, a trader, was
arrested by uniformed army personnel at the Pampachocca farm, Llauricocha,
department of Huancavelica. His body was found in Llauricocha on
22 December 1988, showing marks of severe torture;
(j) On 1 February 1989, Elena tahuinila, a two—month—old baby, was
killed when soldiers snatched her from her mother's arms and threw her on the
ground in Quilcaccasa, district of Cotaruse, Province of Aymaraes, Apurimac;
(k) On 9 February 1989, during a peaceful demonstration organized by the
Federaci6n de Canipesinos de Ucayali (Ucayali Federation of Peasants), in the
square at Pucalipa, Ucayali, eight peasants were killed by shots fired by
police personnel. It was alleged that the Special Operations Division of the
National Police was responsible for the killings. Unconfirmed reports
indicated that some 20 bodies were taken from the square in a truck;
(1) On 17 May 1989, soldiers from the Third Ollantaytambo Infantry
Battalion invaded the hamlet of Calabaza, district of Mariposa, Province of
Satipo, Department of Junin, and arrested some 20 persons. On 18 Nay 1989,
the bodies of 11 persons arrested in Calabaza were found on the Calabaza river
banks. It was also reported that three of the arrested persons managed to
escape, two were released after being tortured and four were missing.
317. On 15 June 1989, Mr. Fernando Majia Egocheaga, a lawyer and President of
the Provincial Committee of the Izquierda Unida (the United Left) in Oxapampa,
and Aladino Melgarejo Ponce, schoolmaster and leader of the Sindicato Unico de
Trabajadores de la Educacidn Primaria (SUTEP) (Single Union of Peruvian
Education Workers), were arrested by army personnel at their homes. Their
bodies were found on 18 June 1989 in Oxapanipa, Department of Cerro de Pasco,
each bearing bullet wounds as well as signs of torture.
E/CN. 4/1990/22
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318. The Special Rapporteur requested information on these allegations and in
particular on any investigation by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
319. On 26 September 1989, the Special Rapporteur sent another cable to the
Government of Peru referring to his cables of 13 July 1988, 9 January and
3 March 1989 and his letter of 28 July 1988 concerning killings in May 1988,
in Cayara, Ayacucho department, and also the subsequent detention and killing
of several witnesses to the above—mentioned incident, and death threats made
against Carlos Escobar Pineda, Special Commissioner who had investigated the
inc±dent. The Special Rapporteur also referred to the further information
that Marta Crisostomo Garcia, a nurse aged 22, and one of the witnesses to the
killings in May 1988 in Cayara, Ayacucho department, had been killed on
8 September 1989 at her home in the neighbourhood of San Juan Bautista de
Huamanga, Ayacucho, by eight men wearing hoods and army uniforms. She was
said to be the ninth witness to the Cayara killing to be the victim of
“disappearance” or killing.
320. In view of the reported killing of a number of the witnesses to the
Cayara incident, including that of Marta Crisostomo Garcia, the Special
Rapporteur expressed his serious concern for the safety of Escobar Pineda and
other remaining witnesses. He appealed to the Government to carry out a
thorough investigation into the killing of Marta Crisostomo Garcia with a view
to bringing those responsible to justice and to take all necessary measures to
protect the life of the persons concerned, and requested information on the
outcome or development of the investigations carried out by the Government
into the incident in Cayara and the killings of witnesses and also on the
steps taken by the Government to protect the persons concerned.
321. On 29 September 1989, another cable was sent to the Government of Peru
concerning threats made against José Antonio Burneo Labrin, Executive Director
of the Centro de Estudios y Accion para la Paz (CEAPAS) (Centre for Peace
Studies and Activities), allegedly because of his work and that of his
organization in giving humanitarian aid to victims of human rights violations.
322. On 16 September 1989, shortly before 1 a.m. , an armed man in Civil Guard
uniform knocked insistently on the door of Burneo Labrin's house in Lima and
refused to identify himself. Concern for the life of Burneo Labrin was
expressed in the light of an incident of the killing of Coqui Huanali, a
lawyer, at his home in Pasco in similar circumstances.
323, The Special Rapporteur appealed to the Government to take the necessary
measures to protect him and requested information on the measures taken in
this regard.
324. On 30 October 1989, another letter was sent to the Government of Peru
transmitting allegations that the right to life of the following individuals
had been violated by Government forces or paramilitary groups linked to them:
(a) Estanislao Polanco Rojas, Francisco Ranios Bautista, Virgilio
Barriento Ranios, Virginio Barrientos Polanco, Esteban Barrientos Vega, Andrés
Huaniani Polanco, Maria Bautista Quispe, Franco Ramirez, Clemente Chaupion
Barrientos and Ignacio Tito. On 27 June 1989 a group of soldiers under the
orders of four officers occupied the village of Painpainarca, district of
H /CN. 4/1990/22
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Aucará, province of Lucanas, departament of Ayacucho. It is claimed that the
inhabitants were taken to the village square and compelled to remain there for
two days. The soldiers pillaged and murdered the above—mentioned persons
refusing to collaborate;
(b) Domingo Quispe, aged 95, Natividad Quispe, aged 90, Crisóstomo
Condori Quispe, aged 58 and Alejandro Quispe Condori, aged 60, were reportedly
murdered in circumstances similar to those described in the previous paragraph
in the village of Santa Ana, province of Lucanas.
(c) Luis Alberto Alvarez Aguilar and José Abel Páez Malpartida. These
two university students were murdered, allegedly by members of a paramilitary
group, on 27 July 1989 close to the resort of San Bartolo, south of Lima. It
is also reported that the area where they were found is a “military area” and
as such is frequently inspected by the army;
Cd) Coqui Samuel Huamali Sanchez, aged 32, a lawyer, Director of
National and International Affairs for the Human Rights Committee is Pasco.
It is reported that on 23 August 1989, during the curfew, Mr. Huamali was
taken from his home in Jirón José Olaya 405, San Juan Pampa, Cerro de Pasco,
by uniformed men wearing Balaclava helmets and armed with rifles. His corpse
was found on the following day bearing signs of torture;
(e) Pedro Valenzuela Taniayo and Manuel MejIa Cortrina. It is reported
that these two peasants, the chairman and the treasurer of the peasant
community of Huaripainpa district of San Marcos, province of Huari, department
of Ancash, disappeared on 31 July 1989 in the district of Catac, province of
Recauy. Their mutilated bodies were found on 6 September in the vicinity of
Querococha lake; each of them had a bullet hole at the back of his skull. On
the basis of statements by the inhabitants of San Marcos and by the villagers
of the Hauripampa community, there are sound reasons for holding Glicerio
Mauricio Rodriguez, the mayor of San Marcos district, and the police forces
responsible, for both of these peasants had been constantly harassed by them
on account of alleged terrorist activities;
(f) Walter Wilf redo Valer Munalla. It is reported that this 20—year--old
student was detained on 20 September 1989 by army personnel after going to
Los Cabitos barracks in compliance with his compulsory military service
commitments. His body was found, bearing signs of torture, on 7 October 1989
at the door of his place of work.
325. The Special Rapporteur requested information on these cases and in
particular on any investigations made and any measures taken by the
authorities and/or the judiciary to establish the facts and to bring those
responsible to justice.
326. On 20 April 1989, a reply was received from the Government of Peru to the
Special Rapporteur's cable of 8 March 1989 concerning the case of Lucas Cachay
Huamán, forwarding a reply from the Ministry of Defence which stated that the
Special Rapporteur's request had been transmitted to the Joint Command of the
Armed Forces so that the latter might adopt the most appropriate measures in
the situation.
E/CN. 4/1990/22
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327. On 21 April 1989, a letter was received from the Government of Peru
stating that on 15 April 1989 the terrorist group “Sendero Luminoso” had
murdered Joseph Piescher, an Austrian journalist and official of the Auxilio
Fluvial Amazónico, a non—governmental organization carrying out a health
programme in the department of Ucayali, and that the murder demonstrated that
“Sendero Luminoso” had no respect for life and was the group responsible for
human rights violations in Peru.
328. On 2 May 1989, a reply was received from the Government of Peru to the
Special Rapporteur's cable of 3 March 1989 concerning the case of
Maria Valenzuela Ocayo, forwarding a reply from the Ministry of Defence which
stated that the Special Rapporteur's request had been transmitted to the Joint
Command of the Armed Forces so that the latter might adopt the most
appropriate measures in the situation.
329. On 28 June 1989, a further reply was received concerning this case,
forwarding a reply from the Ministry of Defence which stated that “the forces
of law and order in zones declared to be in a state of emergency would provide
protection for the persons alleged to be under threat of death in the same way
as provided for the population as a whole”.
330. On 3 May 1989, a reply was received from the Government of Peru to the
Special Rapporteur's cable of 14 October 1988 concerning the alleged death
threats against Angela Mendoza de Ascarza and Mario Cavalcanti Gaxnboa.
According to the reply, the Special Rapporteur's request had been forwarded to
the departments of Justice, the Interior and Defence, and the Ministry of
Defence had reported that “the forces of law and order in zones declared to be
in a state of emergency provide protection for the population as a whole”. It
had also pointed out that, bearing in mind the small number of troops in
subzone 5, “it is not possible to deal individually with requests from persons
alleged to be under threat of death”.
331. On 19 May 1989, a letter was received from the Government of Peru,
stating that, on 27 April 1989, Edilberto Arroyo, a deputy from the Izquierda
Unida, had been murdered and that, on 6 May, Pablo Norberto Li, a deputy from
the Peruvian Aprista Party, had also been killed by terrorist groups who were
the main perpetrators of the violence in Peru. It was also stated that these
acts provided clear evidence of the terrorists' intention to obstruct the
forthcoming municipal and presidential elections to be held in Peru and thus
to endanger democracy and the rule of law, The Government was convinced that
awareness of criminal acts such as those referred to above would be a decisive
factor in a proper understanding of the problems faced by Peru today inasmuch
as it saw its aspirations for peace, development and social justice undermined
every day by the acts of terrorist groups which regarded human rights and
freedoms as concepts devoid of all meaning.
332. On 6 June 1989, a letter was received from the Government of Peru stating
that a terrorist group had murdered the journalist Barbara d'Achille of the
El Comercio newspaper. Mrs. d'Achille ecologist and conservationist, had
been killed while she was in the department of Huancavelica 9 together with the
Peruvian engineer Esteban Bottorquez 9 an official of the Department
Development Corporation, on a journalistic mission to obtain further
information on South American drug traffickers.
El ON .4 / 1990 / 22
page 77
333. On 28 June 1989, a reply was received from the Government of Peru to the
Special Rapporteur's letter of 9 November 1988, transmitting a reply from the
Ministry of Defence. The reply stated that the investigations carried out
concerning summary executions which had allegedly occurred in the National
Security Zone of the Centre (ZSNC) had established that the military personnel
of the Zone were not involved in any of the cases mentioned in the letter and
that no record of those incidents existed.
Philippines
334. On 6 July 1989, a cable was sent to the Government of the Philippines
concerning the allegation that the life of the 25 persons whose names
reportedly appeared on two so—called “hit lists” were in jeopardy. According
to the information, the “hit lists” had been distributed recently in parts of
Negros Occidental province by members of the Citizens Armed Force Geographical
Units (CAFGU), under the direct command and supervision of the Armed Forces of
the Philippines. Paramilitary vigilante groups were also implicated. It was
alleged that no measures had been taken by the military authorities to prevent
the circulation of such “hit lists”. The 25 persons were the emeritus bishop
of the diocese of Bacolod, five Coluinban Fathers, three Presentation Sisters,
two parish priests of the diocese of Kabankalan, three lay church workers,
three radio broadcasters, three labour leaders, three lawyers and two priests
of the diocese of Bacolod.
335. In view of several reports in the past that a number of persons named in
the so—called “hit lists” had been killed in a summary manner, the Special
Rapporteur expressed his serious concern for the life of the above—mentioned
25 persons. He appealed to the Government to take all necessary measures to
protect their lives and requested information on these cases, and in
particular on investigations carried out by the authorities and measures taken
to protect the life of the 25 persons and to prevent the circulation of such
“hit lists”.
336. On 24 July 1989, a letter was sent to the Government of the Philippines
transmitting allegations that during the past several months unarmed civilians
had continued to be killed in a summary manner by members of the armed forces,
by members of the newly formed Citizen's Armed Forces Geographical Units
(CAFGU), and by unidentified armed men. Most of the victims were suspected
sympathizers with the New Peoples' Army (NPA), or belonged to trade unions,
church organizations or community groups. Some victims had been killed during
military operations against guerrilla forces in the areas in which they lived.
337. The Special Rapporteur listed 20 such cases as follows:
(a) On 1 Nay 1989, Reverend Visminda Gran, a minister, aged 50, and her
husband, Luvino Givan, aged 43, were killed by five men, members of CAFGU or
the military, in Barangay Liberte in Baliango town, Misamis Oriental;
(b) On 28 April 1989, nine fish farm workers were killed by members of
the 2nd Marine Battalion, 1st Brigade at Sitio Manicnic, Barangay San José,
Paombong, Bulacan;
(c) On 6 April 1989, Rufino Rivera, aged 69, a local councillor, and
Fr. Dionisio Malalay, aged 32, a curate, were killed at Pagadian, Sabina,
Zamboanga del Sur, by members of the police force during a Christian Community
meeting near Rivera's house;
El CN. 4/1990/22
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(d) On 21 March 1989, Oscar Tonog, aged 37, vice president of the
Integrated Bar of the Philippines, and an active member of the Free Legal
Assistance Group (FLAG), was shot dead by two gunmen, connected with the armed
forces. Shortly before Oscar Tonog's death, a radio station run by the
military had issued a warning to human rights lawyers;
(e) On 2 March 1989, Romula de la Cruz was killed at Barangay
Guindapunan, Daram, Samar, by a member of the CAFGU;
(f) On 18 February 1989, Pedro Pagao, aged 56, his wife, Encarnacion
Pagao, and their two children were killed at Cabalyog, Sainar, by members of
the 8th Infantry Battalion of the Philippines Army (PA);
(g) On 17 February 1989, Oscar Fernandez, president of the NADSU—KMU
(Alliance of United Drivers) and one of the leaders of the ACMA—Sugbu—KMU
(Workers Alliance) was assassinated by two persons belonging to the army;
(h) On 15 February 1989, Eduardo Lazona, a secretary for the National
Federation of Sugar Workers and General Trades (NFSW—FGT) was shot dead by
members of the Regional Special Action Force (RSAF), an unIt of the
Philippines Constabulary (PC), at Talisay, Negros Occidental;
(i) On 10 February 1989, Joseph Dumasala, aged 20, was shot dead in a
summary manner after having been apprehended by members of the 16th Infantry
Battalion (PA) during a raid on a NPA house;
(j) On 3 February 1989, Sabeniano “Bebie” Borres, aged 36, a church lay
worker and resident farmer of Guinoyoron, Valencia, Bukidnon, was killed by
members of CAFGU in Poblacion, Valencia, Bukidnon;
(k) On 3 February 1989, four rural workers were killed in Mahayag,
Banay—Banay, Davao Oriental by members of the RSAF and the 438th Philippines
Constabulary Company immediately after a military operation against the NPA;
(1) On 17 January 1989, Rodrigo Francisco, aged 39, local union
president of NFSW—FGT and Nestor Barros, aged 35, union organizer of NFSW—FGT,
were killed by members of the RSAF and CAFGU, in Santa Rosa, Murcia, Negros
Occidental:
(m) On 20 January 1989, Meliton Roxas, president of the Union of
Filipino Employees in the Nestlé Division in Cabayao, Laguna, was shot dead by
a gunman, a vigilante member;
(n) On 30 December 1988, George Bahain, aged 45, was killed by members
of CAFGU, Barangay Guinoyoran, Valencia, Bukidnon. The same men were
responsible for the murder of Sabeniano Borres on 3 February 1989;
(o) On 26 December 1988, Cresenciano Esconilla and his family were
assassinated in Escalante by members of the military;
(p) On 11 December 1988, Leo Trinidad, aged 18, was killed by the
paramilitary group “Tadtad” in Barangay Mabini, South Cotabato;
(q) On 3 December 1988, Wilson S. Dayahon, aged 22, was shot dead by
police officers at Lagonlong municipality, Misamis Oriental;
E/CN. 4/1990/22
page 79
(r) On 20 November 1988, Serapio Cogollodo, aged 68, was killed together
with five members of his family when a shell fired by members of the
23rd Infantry Battalion (PA) hit the hut in which they were sleeping at
Barangay Muritula, San Luis, Agusan del Sur;
(s) On 30 September 1988, Raul Casado, aged 24, a former rebel, was
killed in Bunawan, Davao City by members of the paramilitary group “Alsa Masa”;
(t) On 10 September 1988, Pedro Gab, a farmer, was killed by members of
the Civilian Home Defence Forces at Matuguinao, Samar.
338. The Special Rapporteur requested information on these allegations and in
particular on any investigation by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
— 339. On 28 July 1989, another cable was sent to the Government of the
Philippines concerning allegations that several people connected with the
disappearance case of Ma. Nonna Santa Clara and A. Lienaresas, on
26 April 1989 in Naga city, had received death threats. Among those
threatened were Santa Clara (brother of Ma. Nonna Santa Clara) and three
lawyers belonging to the Free Legal Assistance Group (FLAG). The Special
Rapporteur also referred to information received that about 720 persons in the
seminary of the diocese of Bacolod, Bacolod city, Negros Occidental, had
received death threats issued by paramilitary groups called the “Pulahans”,
who were allegedly supported and armed by the military.
340. The Special Rapporteur, expressing his concern for the lives of the
above —mentioned persons, appealed to the Government to take the necessary
measures to protect their right to life and requested information on the cases
referred to, and also on the measures taken by the Government to protect the
lives of these persons concerned.
341. On 30 October 1989, another letter was sent to the Government of the
Philippines transmitting 13 alleged cases of killings, as follows:
T (a) On 16 February 1989, Reynaldo Duenas, aged 45, and Rogelio Simaning,
aged 27, were killed in Maytubig, Isabela, by a mortar shell fired by the
6th infantry Battalion of the Armed Forces of the Philippines and members of
the Citizen's Armed Forces Geographical Units;
(b) On 29 March 1989, Teodoro Egoc Sr., aged 47, Jimmy Estoque, aged 39,
Nicaslo Opiar and Nicasio's children, Hernani, aged 4, and Rengie, aged 2,
were killed after being abducted from their homes in Sitio Kabatangabatangan,
Barangay Buenavista, Sta. Catalina, Negros Occidental, by five members of a
Citizen's Armed Forces Geographical Unit (CAFGU) and two uniformed soldiers;
(c) On 4 April 1989, Jesus Lahaylahay, aged 54, a farmer of Sitio
Canibogiot, Barangay Camindongan, Sipalay, was shot dead by members of the
Scout Rangers conducting a military operation in the area;
(d) Between 24 April and 1 June 1989, 17 peasants in the Hinobaan and
Sipalay region of Negros Occidental were killed in a summary manner. All were
allegedly killed by members of vigilante groups named “Greehans”, “Pulahans”
and “Putians”, by members of CAFGU, and by regular troops of the AFP in
connection with military operations and forced evacuations in these areas;
E/CN. 411990/22
page 80
(e) On 6 May 1989, Nuineriano Ronato, Municipal Treasurer of Palapag,
Northern Samar, was shot dead by four members of a CAFGU. Ronato had
allegedly received death threats from the CAFGU of Palapag;
(f) On 12 June 1989, Dorcas Gonzales, aged 50, a widow farmer, was
killed by two armed men at her home in Barangay Hinondayon, Nasipit, Agusan
del Norte, together with six of her children and her 19—day—old
granddaughter. One of the men, a member of a local vigilante group called
“4K'S”, was operating under the 30th Infantry Battalion (AFP) based in Marcos
Park, Carmen, Agusan del Norte;
(g) On 12 July 1989, Arnold Ilustrisimo, aged 32, trade unionist and
waiter, was killed by army members at Novotas, Metro Monila. Ilustrisimo had
received threats urging him to stop his trade union activities;
(h) On 13 July 1989, Guarino Celso and an unidentified woman were
apprehended at Sitio Batac, Barangay Barog 1, Mondragon, Northern Samar, by a
group of Army soldiers and CAFGU members and were killed the following day
after having been subjected to ill—treatment;
(i) On 14 July 1989, Romulo Continente Jr., aged 17, was killed by three
armed men, members of a vigilante group in Dilimon, Quezon City;
(j) On 15 July 1989, Winifred Oton, president of the United Church of
Christ in the Philippines Christian Youth Fellowship for Southern Mindanao,
was stabbed to death in Santa Cruz, Davao del Sur, by unidentified men after
his name had been put on a list allegedly drawn up at the 41st Infantry
Battalion (AFP) in Digos, Davao del Sur;
(k) On 19 August 1989, Rommel Moscosa, aged 4, was shot dead in Barangay
San Andrea, Borongan, Eastern Samar, during a raid by members of the
70th Infantry Battalion (AFP) led by two CAFGU members, from Camp Asidillo,
Borongan, Eastern Samar;
(1) On 5 September 1989, Crisostomo Ibarra, alias Ka Siete, supposedly a
high—ranking NPA Commander in Bataan, was killed near his home after being
arrested by a group of soldiers led by Captain Salim and Lieutenant Ver of the
161st Philippines Constabulary (PC) Company based in Balanga, Bataan;
(m) On 8 September 1989, Raul Magarion and Piting Indatuan were killed
in Barangay Matutungan, Santa Cruz, Davao del Sur, Mindanao, by three CAFGU
members operating under the 46th Infantry Battalion, based at Barangay
Binaton, Digos, Davao del Sur.
342 The Special Rapporteur requested information on these cases and in
particular on any investigations made and any measures taken by the
authorities and/or the judiciary to establish the facts and to bring those
responsible to justice.
343. At the time of preparation of the present report, no reply had been
received from the Government of the Philippines.
E / CN .4/1990 / 22
page 81
Roman ip
344. On 14 November 1989, a letter was sent to the Government of Romania
informing it of the allegation that Miss Ana Ciherean, aged 27, had been found
dead in a park on 2 October 1989, one day after having been arrested by the
police in Timisoara. She was reportedly arrested for going to a hotel
frequented by foreigners, an act considered unlawful. Miss Ciherean had
allegedly been raped and her arms and legs had been broken. She had already
been imprisoned in 1987 and 1988 for attempting to leave the country
unlawfully.
345. The Special Rapporteur requested information on this allegation and on
any investigations by the competent authorities, including autopsy, and any
measures taken to prevent the further occurrence of such deaths.
346. On 22 December 1989, a cable was sent to the Government of Romania
concerning information that the police had opened fire with automatic weapons
on thousands of unarmed demonstrators in Bucharest on 21 December 1989. Some
20 persons were said to have been killed and dozens of others wounded.
Several persons were crushed by tanks. According to the same information,
some individuals were hit by gunfire from automatic weapons while trying to
assist persons crushed by a tank. Furthermore, it has also been reported that
soldiers and policemen who had refused to fire on demonstrators at Timisoara
during the previous weekend were executed on 20 December in Karadji Lotsuli
Square.
347. The Special Rapporteur, expressing his serious concern, made a strong
appeal to the Government for an immediate end to acts jeopardizing the life
and safety of persons, and urgently requested information on these events, in
particular on any investigation carried out and measures taken to prevent a
recurrence.
348. On 29 December 1989, another cable was sent to the Government of Romania
about the special military courts allegedly being set up throughout the
country and empowered to judge summarily and execute individuals linked to the
Government of former President Ceausescu who had continued to fight the new
authorities in Romania after the deadline of 5 p.m. on 28 December 1989. In
the light of these reports, and of the report on the execution of former
President Ceausescu and his wife E 1ena, after what appeared to be a summary
trial, the Special Rapporteur appealed to the Government to ensure full
respect of the right to life and the right of everyone to a fair and public
hearing by a competent, independent and impartial tribunal, pursuant to the
provisions of the International Covenant on Civil and Political Rights, and
urgently requested information on the measures taken to guarantee the right of
everyone to life.
349. At the time of preparation of the present report, no reply had been
received from the Government of Romania.
E / ON .4 / 1990 / 22
page 82
Saudi Arabia
350. On 30 October 1989, a letter was sent to the Government of Saudi Arabia
transmitting the allegation that Zahra' Habib Mansur al—Nasser, a 40—year—old
housewife from the village of Awjam in the Eastern Province, had died on
18 July 1989 as a result of torture in police custody at the Hudaitha
check—point detention centre. She had been arrested together with her husband
on 15 July 1989 at the Saudi Jordanian border upon their return from Damascus,
where they were said to have performed religious rites.
351. In addition, on 21 September 1989, the execution by beheading
of 16 persons, all Kuwaiti nationals, was announced. It was alleged that,
since their arrest on 15 July 1989 in connection with explosions in Mecca
during the Hajj season in 1989, no trials had been held, that the families and
legal counsel of the executed had not been allowed to see them and that
accusations and convictions had not been made on the basis of clear and
precise legal provisions.
352. The Special Rapporteur requested information on these allegations and in
particular on any investigation by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths, and also on the legal proceedings, under which the alleged executions
had been carried out.
353. At the time of preparation of the present report, no reply had been
received from the Government of Saudi Arabia.
Somalia
354. On 11 April 1989, a cable was sent to the Government of Somalia
concerning an alleged case of death sentence pronounced by the National
Security Court on 18 March 1989. According to the information received,
Hassan Abdikarim Haji Ibrahim was sentenced to death after being detained
incommimicado since his arrest in early 1988. It was also alleged that the
National Security Court had been presided over by a Government minister, that
access to legal representation had been seriously limited and that appeal to a
higher tribunalS was not possible under the procedure of the National Security
Court.
355. The Special Rapporteur, referring to article 14 of the International
Covenant on Civil and Political Rights, which provided for a fair and public
trial and other safeguards, and in particular for the right to appeal to a
higher tribunal, appealed to the Government to examine the above—mentioned
case and requested information or observations thereon, in particular on the
proceedings of the National Security Court as a result of which the person had
allegedly been sentenced to death.
356. On 30 October 1989, a letter was sent to the Government of Somalia
transmitting allegations that several hundred persons had been shot dead in
the street by soldiers, in a widespread riot following demonstrations
protesting against the arrest of several religious leaders on 13 July 1989.
On 15 July 1989, among those arrested after the demonstrations, a considerable
number of persons were allegedly executed by soldiers without trial on a beach
in Jezira, 30 km south—west of Mogadishu. The following persons were reported
to have been among those executed: Abdirizaq Aideed Mohamed, Ministry of
El CN .4/1990 / 22
page 83
Information employee; Mohanied Baile, accountant, National Water Agency;
Au Abdirabman Hersi, soil analyst, Ministry of Agriculture; Mohamed All
Magan, UNICEF employee; Abdirashid Ahnied Mohanied, businessman.
357. The Special Rapporteur requested information on these allegations and in
particular on any investigation by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
358. At the time of preparation of the present report, no reply had been
received from the Government of Somalia.
South Africa
359. On 16 May 1989, a cable was sent to the Government of South Africa
concerning killings of anti—apartheid activists, including the assassination
of Professor David Webster on 1 May 1989 in the suburbs of Johannesburg by an
unidentified group of men.
360. According to the information, the circumstances of the killing of
Professor Webster indicated that he had been assassinated by well—informed
professional killers because of his anti—apartheid activities. According to
the South African Human Rights Commission, 61 anti—apartheid activists had
been killed in South Africa since 1978, but with only one exception, no
suspects had been charged or convicted for these murders. During the same
period, at least 61 anti—apartheid activists and members of their families had
reportedly been killed outside South Africa. It was further alleged that the
so—called “death squads” or “hit squads” who attacked anti—apartheid activists
included members of the security forces and operated completely outside the
law both inside the country and abroad.
361. The Special Rapporteur, expressing his concern with regard to all those
killings, including that of Professor David Webster, which had not been
elucidated, urged the Government to carry out thorough investigations into all
such cases and to take steps to bring those responsible to justice. The
Special Rapporteur also appealed to the Government to take all necessary
measures to prevent the further occurrence of such assassinations and
requested information or observations from the Government concerning the
above—mentioned cases and the measures taken to prevent further killings of
anti—apartheid activists.
362. On 23 May 1989, another cable was sent concerning three persons allegedly
facing imminent execution. According to information received, Senale Masuku,
aged 22, and Oupa Josias Nbonane, aged 21 were scheduled to be executed on
24 May 1989, and Abraham Mngomezulu, aged 23, on 25 May 1989. Masuku and
Mbonane had been sentenced to death in August 1987 in the Pretoria Supreme
Court after being convicted of the murder, in “common purpose” with others, of
a policeman in Soshanguve in February 1986. It was alleged that the evidence
leading to their conviction had been given in camera by witnesses whose
identification was withheld. Mngomezulu had reportedly been sentenced to
death in November 1987 by the Rand Supreme Court, after being convicted of
killing a suspected police informer in Soweto in April 1986. The court was
also reported to have found that he had played a leading role in the
commission of the offence, although he had not himself physically taken part
in the killing.
EICN.411990122
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363. The Special Rapporteur, referring to safeguard 5 of the annex to Economic
and Social Council resolution 1984/50 of 25 May 1984, entitled “Safeguards
guaranteeing protection of the rights of those facing the death penalty”,
appealed to the Government to make every effort to protect the right to life
of the three above—mentioned persons and requested information on these cases
and in particular, information on the legal proceedings under which the three
had been sentenced to death.
364. On 27 September 1989, another cable was sent to the Government of
South Africa concerning a report of the imminent execution of Mangena Jeffrey
Boesman. According to the report, Boesman had been sentenced to death by the
Grahamstown Supreme Court on 21 October 1988 on a charge of murder in
Sterkstroom's black township in the context of township disturbance. It was
alleged that legal representation had been made available to the accused only
after four State witnesses had already given evidence, and that Boesman had
not been granted leave to appeal against the sentence to a higher tribunal.
365. On 28 September 1989, another cable was sent to the Government of
South Africa concerning information that, in addition to Mangena Jeffrey
Boesman, three persons, named Naf tan Mchunu, Alfred Ndlela and
Jacobus Freeman, were also scheduled to be executed on 29 September 1989. In
the cases of Alfred Ndlela and Naf tan Mchunu, who had been sentenced to death
by the Pietermaritzburg Supreme Court on 17 June 1988, leave to appeal had not
been granted, and a petition to the Chief Justice for leave, to appeal had also
been dismissed on 22 August 1989.
366. On 10 October 1989, another cable was sent to the Government of
South Africa concerning four persons, named Johannes Grootboom,
Raymond Jordan, Simon Saayman and David Van Wyk, who were scheduled to be
executed on 12 October 1989. According to the information, the four had been
sentenced to death on 31 August 1987 by the Cape Town Supreme Court on charges
of murder of a prison inmate. It was also reported that they had not been
granted leave to appeal against the sentences to a higher tribunal.
367. In these three cables, the Special Rapporteur referred to safeguard 5 of
the annex to Economic and Social Council resolution 1984/50 of 25 May 1984
entitled “Safeguards Guaranteeing Protection of the Rights of Those Facing the
Death Penalty” and also to article 14, paragraph 5, of the International
Covenant on Civil and Political Rights, which provided: “Everyone convicted
of a crime shall have the right to his conviction and sentence being reviewed
by a higher tribunal according to law .”
368. He appealed to the Government to make every effort to protect the right
to life of the persons mentioned in the cables and requested information on
those cases and, in particular, on the legal proceedings under which those
persons had been sentenced to death.
369. Subsequently, the Special Rapporteur learned that Mangena Jeffrey Boesmai
and Jacobus Freeman had been executed as scheduled and that Naf tan Mchunu and
Alfred Ndlela had been granted a stay of execution.
370. On 14 November 1989, a letter was sent to the Government of South Africa
transmitting allegations that in 1989 assassinations of political or
anti—apartheid activists had continued as in previous years, Some of the
victims had allegedly been killed by members of the police, who often acted
E / CN. 4 / 1990 / 22
page 85
under immunity from prosecution and with no effective legal limitations on the
use of deadly weapons in “unrest situations” or in circumstances of “terrorist
activities”. It was also alleged that the authorities were reluctant to hold
open inquests into such deaths and that, when inquests found police
responsible for the deaths, the courts showed reluctance to prosecute,
especially in cases where the victims were said to have been engaged in acts
of political protest. In some other cases in which perpetrators were
reportedly “unknown”, it was alleged that little progress in official
investigations had been made and that most of the perpetrators remained
unpunished. Even when those responsible for such killings were prosecuted and
tried, the sentences given were disproportionately light.
371. The following alleged incidents were described by way of example:
(a) On 27 January 1989, in Soweto, Dr. Abubaker Asvat, aged 46, a
leading member of the Black Consciousness movement and Health Secretary in the
Azanian People's Organization, was killed in his surgery by unknown
assailants. Reportedly, at least two attempts on his life had previously
occurred;
(b) On 28 January 1989, in Davidsonville, near Roodepoorst, West Rand,
three persons were shot dead by members of the police during unrest;
(c) On 14 April 1989, in Inanda, Chris Thandazani Ntuli, aged 30, an
organizer for the Natal Youth Congress, was killed on his way home from the
police station by unknown assailants;
Cd) In the case of the death of Stephen Manonye in 1988, two white
farmers at Orkney in Western Transvaal were found guilty of assault in
April 1989 in a trial before the magistrate at Klerksdorp and sentenced to a
fine of Rl,200 each or four months in jail, and to six months imprisonment
suspended for five years. It was reported that Mononye had died of brain
haemorrhage as a result of an assault, the farmers accusing him of stealing
cattle;
Ce) On 15 August 1989, in the Kwamashu black township on the outskirts
of Durban, Eric Gunieda, aged 27, a black anti—apartheid activist, was shot at
his home by unknown attackers and died on 16 August 1989 in hospital.
372. As in the previous year, several deaths in detention were reported. No
outcome of any official investigation was known to have been made available.
The following two cases which took place in 1989 were described by the Special
Rapporteur:
(a) The case of Patrick Decks Dakuse, who was arrested on
17 January 1989, in Khayelitsha, and shot dead on 23 January by police;
(b) The case of Dinana Mbetheni, who was found hanging from an electric
wire in his cell at the police station on 21 April 1989, in Alice, Ciskei.
373. Furthermore, it was alleged that death sentences were imposed
disproportionately on the black population by an almost entirely white
judiciary, with 97 per cent of the 1,070 people hanged in South Africa
between 1980 and 1985 being black. It was also alleged that almost all
convictions in political trials relied on statements obtained from both
El CN .4/1990/22
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defendants and witnesses under some kind of coercion. Defendants were said to
be often held incommunicado for a prolonged period before the trial and
tortured. Legal defence for the defendants was alleged to be often a
court—appointed pro deo counsel with no attorney available to prepare in
advance for trial. There was no automatic right of appeal against the
sentence to a higher tribunal. Between 1 January and 4 October 1989,
42 persons sentenced to death for politically related killings were reported
to have been executed, including Abraham Mngomezulu, executed on 25 May 1989,
and Mangena Jeffrey Boesman, executed on 29 September 1989, whose petitions
for leave to appeal had been rejected. It was also alleged that, as in the
case of the “Sharpeville Six”, the doctrine of “common purpose” continued to
be applied in 1989 to justify a number of death sentences. Three cases said
to be illustrative of this doctrine were described as follows:
(a) The case of the “Bisho 12”. On 6 June 1989, the Bisho Supreme Court
of Ciskei sentenced 12 persons to death for their alleged participation in the
killing of five men who had been abducted and burnt to death in Mdantsame on
1 February 1987. They were convicted on the basis of “common purpose”,
although the majority of the 12 defendants had not been directly implicated in
the killing. It was reported that much of the evidence for conviction was
based on the evidence of an eyewitness who had testified that he had seen four
of the defendants take a direct part in the murders. The court had reportedly
concluded that the defendants shared a “common purpose” to commit murder,
which was sufficient to convict them of murder even in the absence of
any evidence that they had played a direct part in the killing. On
24 August 1989, the Bisho Supreme Court granted leave to the 12 to appeal
against their convictions and death' sentences;
(b) The case of the “TJpington 26”. On 27 April 1988, 14 of the
26 defendants were sentenced to death for their alleged participation in the
killing of a municipal police officer named Lucas Tshemolo “Jetta” Sethwela,
in Paballelo, a black township outside Upington, Northern Cape, on
13 November 1985. The murder had allegedly occurred when a crowd of some
300 stoned the home of Sethwela after security forces had broken up a protest
meeting. Only one defendant, Justice Babeke, who had pleaded not guilty, had
been found guilty of delivering the fatal blows which killed Sethwela. The
other 13 condemned to death were convicted of sharing a “common purpose” with
him. On 8 September 1989, the Appeal Court in Bloemfontein granted leave to
appeal against conviction to 13 of the 14 sentenced to death and all 14,
including Justice Babeke, were granted leave to appeal against their death
sentences;
(c) On 20 April 1989, Ndumiso Silo Siphenuka, aged 25, and
Mackezwana Menze, aged 40, members of the Addo Youth Congress, were executed
after they had been convicted on the basis of “common purpose” and sentenced
to death in January 1987 together with Simolo Lennox Wonci and Mziwoxolo
Christopher Makeleni, for killing a farmer and his wife in Kirkwood in
June 1985. Execution had initially been scheduled for 4 October 1988, but all
four were subsequently granted a stay of execution, Wonci and Makeleni
subsequently had their sentences commuted to 25 years' imprisonment.
374. It was also reported that, following the start of implementation of
Security Council resolution 435 (1978) in Naniibia in April 1989, a large
number of armed SWAPO combatants who had infiltrated in the northern part of
Nanuibia had been captured by South African—led security forces and summarily
E/CN. 4/1990/22
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executed. It was reported that most of them had been buried in mass graves,
after being shot in the head at point—blank range. It was also alleged that
South African—led security forces operated under “take—no—prisoners” orders
and systematically hunted down and eliminated combatants. Although official
South African sources claimed that more than 300 SWAPO combatants had been
killed by the end of April, local sources alleged that many of the dead were
civilians.
375. The Special Rapporteur requested information on these allegations and in
particular on any investigation by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths, and, in the case of the death sentences, on the legal proceedings
under which the persons in question had been sentenced to death.
376. On 23 November 1989, in another cable sent to the Government of
South Africa, the Special Rapporteur referred to nuxnerous communications which
he had addressed to the Government concerning many allegations of killings of
political or anti—apartheid activists by members of the police or by “unknown”
perpetrators. In nearly all the cases, it was alleged that little progress in
official investigation had been made and that most of the perpetrators
remained unpunished.
377. Reference was also made to further information to the effect that former
police captain Dirk Johannes Coetzee and two former policemen, Almond Nofomela
and David Tshikalange, who had worked under him, had admitted their
participation in assassination squads set up within the South African police
which had been responsible for dozens of assassinations committed by “persons
unknown”. These killings had allegedly been authorized by the highest
security officials.
378. The Special Rapporteur expressed his utmost concern about the alleged
formation of death or assassination squads operating within the South African
police and pointed out that the international community had repeatedly
condemned in the strongest possible manner the abhorrent practice of the
formation or even tolerance of such squads by the Government. He appealed to
the Government to appoint, on an urgent basis, a high level independent
judicial commission to investigate whether such squads had been formed by the
police or any arm of the Government or by other persons, and their
responsibility in the many killings that had taken place in South Africa. He
also requested information concerning the establishment of such a commission
of inquiry and the development of investigations from time to time.
379. At the time of preparation of the present report, no reply had been
received from the Government of South Africa.
Sri Lanka
380. On 19 May 1989, a letter was sent to the Government of Sri Lanka
concerning alleged cases of killing by the Indian Peace—Keeping Forces (IPKF)
in Sri Lanka, as follows:
(a) On the night of 7 November 1988, in Pandaterruppu, Saverimuthu,
Alexis Sebaratnam, a retired civil servant and president of the local
Citizen's Committee, was shot dead in his home by five young, unidentified
E/CN.4/1990122
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gunmen. Prior to the incident, on 3 November 1988, Saverimuthu Alexis
Sebaratnani had been detained briefly at the Indian Peace—Keeping Force camp in
Pandaterruppu for his suspected support of the LTTE;
(b) On 27 November 1988, Jude Zachari Chandrakumar was found dead near
the “Maravakulam” pond in Old Park Road, Jaffna. His body allegedly bore
marks of injuries and gunshot wounds, He had been arrested on the previous
day by the Indian Peace—Keeping Forces;
(c) On 15 March 1989, members of the Indian Peace—Keeping Forces shot
and killed two sisters, J.A. Thavarasa, nine months pregnant, and
E.J. Vijayathasan, at their home not far from the TJdupiddy Church, Northern
Province.
381. The Special Rapporteur requested information on these allegations and in
particular on any investigations by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
382. On 14 July 1989, a cable was sent to the Government of Sri Lanka
concerning the information that two lawyers, Prins Gunasekara and
Kanchana Abhayapala, had allegedly been threatened with death over the
telephone by an unidentified person who claimed responsibility for the death
on 7 July 1989 of another lawyer, Charitha Lankapura. It was alleged that the
killing and the death threats were directly connected with the legal work of
these lawyers in the human rights field, in particular their habeas corpus
petitions in the courts on behalf of persons detained illegally or
disappeared. Furthermore, in the case of the killing of Charitha Lankapura,
the involvement of government security forces was indicated.
383. The Special Rapporteur, having received expressions of concern for the
lives of Prins Gunasekara and Kanchana Abhayapala, appealed to the Government
to take all necessary measures to protect their right to life and requested
information on the measures taken to protect their safety as well as on any
investigation carried out on these cases and on the case of the killing of
Charitha Lankapura, in order to bring those responsible for the killing and
the death threats to justice.
384. On 24 July 1989, another letter was sent to the Government of Sri Lanka
transmitting allegations that the Indian Peace—Keeping Force (IPKF) was
responsible for the following killings reported as a result of incidents in
Sri Lanka:
(a) On 20 February 1989, members of the Indian Peace—Keeping Force took
R. Neethinathan, a dental student at Peradaniya University 9 to their camp at
Kaluwanchikudy and shot him dead. The IPKF representative failed to attend
the further inquest which the Batticaloa magistrate arranged for 31 March 198 ;
(b) On 30 April 1989. S. Prabaharan, a student at Jaffna University 9 was
shot dead in Thirunelveli by the IPKF;
(c) In April 1989, Rasiah Krishnapillai, aged 32, and Sri Rangan
Sandirabala, aged 25, were shot dead in a forest at Mulankavil in Poonakery;
E / CN .4 / 1990 / 22
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(d) On 1 May 1989, Velauthani, aged 54, was arrested in Thavadi and his
body was later delivered to his relatives;
(e) On 1 May 1989, Rasaratnani, aged 60, was shot dead by a patrol while
visiting in Chulipuram;
(f) On 2 May 1989, C. Ganeshamoorthy, aged 55, and Kamalavathany, a
12—year old girl, were killed when troops entered the hail of the Sudhananda
Young Men's Hindu Association in Vavuniya and opened fire at random;
(g) On 4 May 1989, T. Gopalakrishnan, aged 22, was arrested in his home
in Selvapurani and next day his body was handed over by the IPKF at the
government hospital in Kilinochchi.
385. The Special Rapporteur requested information on these cases and in
particular on any investigations made and any measures taken by the
authorities and/or the judiciary to establish the facts and to bring those
responsible to justice.
386. On 30 October 1989, another letter was sent to the Government of
Sri Lanka transmitting allegations that, during the past several months, in
the context of violent conflicts in the southern regions of Sri Lanka, several
persons had been killed in a summary manner. The Special Rapporteur described
such cases as follows:
(a) On 7 July 1989, Charita Lankapura, a human rights lawyer, was shot
dead in Colombo by unidentified men. Lankapura had reportedly filed hundreds
of habeas corpus petitions in the courts on behalf of persons who had
disappeared or been arrested in the southern parts of Sri Lanka. No
independent inquest was said to have been instituted by the Government;
(b) On 28 August 1989, Kanchana Abhayapala, a lawyer, was shot dead by
an unidentified man at his home. He had allegedly received a death threat by
telephone on 7 July 1989 and been told that if he filed one more habeas corpus
petition he would be killed;
(c) On 7 November 1988, Samarawerna Patabendige Ajith, a student of
Godanda Maha Vidyalaya in Katugahagewatta, Kottegoda, Matara district, was
shot in a paddy—field by soldiers of the Gajaba Regiment of the Sri Lanka Army
during a search operation and died later in his home;
(d) On 3 December 1988, Hewawasalage Senaratna, a student in Heenaara,
Binkama, Angunakolapellessa, Hambantota district, was shot dead at the
Kachchigalaara junction of Binkama by soldiers from the Murawesihena Army
camp, after having been arrested by the soldiers. Later on the same day
Senaratna's body was allegedly burned by the soldiers;
(e) In December 1988, in Puwakdandawa, Hambantota district, three
students of Beliatta Dharmapala College were killed by soldiers after having
been taken into custody in front of their homes on 9 December 1988;
(f) On 1 December 1988, four youths were arrested at Wasagala market by
members of the Army. Two of the four were later found dead at the market,
another at Bataatha in Tangaihe and the fourth at Nonagama junction in
Ambalantota;
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(g) On 24 December 1988, in the Meegoda area in Ahangaina, eight youths
were taken away by security forces during cordon and search operations. Next
day the bodies of seven of the eight were found burned at Koggala and the body
of the other, also burned, was found at Habaraduwa;
(h) On 1 January 1989, two persons were taken into custody in
Pattiyapola by members of the Army from the Wasala camp and shot dead in
public;
(i) In January 1989, in Bataatha, Hungama, two bodies, one of a small
girl and the other of a youth, were found by the Galpotha road in Bataatha,
Hungania. The bodies were said to have been burned with tyres. The police
personnel of the Hungama police station were allegedly responsible for the
killing;
(j) On or about 15 April 1988, Gonadeniyagama Sirinanda Thero and
Medirigiriye Suxnana Thero were taken into custody by soldiers from the
Neegaswewa Army camp in Polonnaruwa and killed, allegedly after having been
tortured;
(k) On 14 and 15 September 1989, between 80 and 150 villagers of
Menikhinna, Kundasala and Arangala were killed by paramilitary forces,
allegedly composed of security forces personnel and/or bodyguards of local
politicians, in retaliation for the murder of 16 relatives of three security
personnel at Kundasala on 13 September 1989, by the Janatha Vimukthi
Peramuna (JVP), People's Liberation Front.
387. In addition, in the northern and eastern parts of the country, incidents
of killing of civilians by the Indian Peace—Keeping Forces were alleged to
have occurred. A list of the names of 144 victims killed between January and
June 1989 was received by the Special Rapporteur.
388. The Special Rapporteur requested information on these cases and in
particular on any investigations made and any measures taken by the
authorities and/or the judiciary to establish the facts and to bring those
responsible to justice.
389. On 9 November 1989, another cable was sent to the Government of Sri Lanka
concerning the information that Sarath Karalliyadda, a lawyer, had been found
dead on 27 October 1989 together with four other persons, a few hundred metres
away from his home in Teldeniya, near Kandy, after he had been abducted from
his home on 26 October 1989 by three armed men, including one in army
uniform. According to the information, he had been representing in a
magisterial inquiry the relatives of a 16—year—old student who had been shot
by police during demonstrations at Teldeniya in June 1989. It was reported
that seven police officers of Teldeniya police station were questioned in the
inquiry and that two of the witnesses had been killed since the start of the
inquiry.
390. The Special Rapporteur stated that he had received expressions of concern
for the lives of other lawyers and witnesses involved in this inquiry 9
particularly of the senior lawyer, Parakrama Ranasinghe.
E / CN. 4 / 1990 / 22
page 91
391. Furthermore, he stated that information had been received concerning
so-called reprisal killings in which several persons had been killed by
paramilitary groups linked to the State security forces in reprisal for
killings allegedly committed by members of the Janatha Vimukthi Peraniuna
(JVP), as follows: 24 persons killed on 25 October 1989 in Katugastota, Kandy
district, in reprisal for the killing of a policeman's family in Katugastota
on 23 October 1989; 18 persons killed on the premises of Peradeniya University
in Kandy on 5 October 1989 in reprisal for the killing on the previous day of
the assistant registrar of the university, who was said to have been a captain
in the volunteer force of the Sri Lankan Army.
392. In view of the above, the Special Rapporteur appealed to the Government
to take all necessary measures to protect the right to life of the
above—mentioned persons and requested information on the measures taken to
protect their safety as well as on any investigation carried out on the
above—mentioned cases of Icilling in order to bring those responsible to
justice.
393. On 13 November 1989, another cable was sent to the Government of
Sri Lanka concerning the information that, on 21 October 1989, Venura
Edirisinge, a student at Colombo University and a leader of the student
movement, had been detained at Borello police station in Colombo. According
to the information, Venura's name had later been seen on the confidential list
of killed students at the joint operations command headquarters. Meanwhile,
Venura's fiancee, Janani, a medical student of Colombo University, and her
brother, had reportedly been arrested and detained at Panadura police
station. However, two days later, the police had allegedly denied their
detention.
394. The Special Rapporteur, having received expressions of concern for the
lives of Janani and her brother, and in view of several recent reports of the
killing of over 45 student activists by members of paramilitary groups and
security forces since the beginning of 1989, appealed to the Government to
talce all necessary measures to protect the lives of the above—mentioned
persons. He also requested information on the measures taken to protect their
safety as well as on any investigation carried out in the case of the alleged
killing of Venura Edirisinge in order to bring those responsible to justice.
395. On 2 August 1989, a reply was received from the Government of Sri Lanka
to the Special Rapporteur's cable of 14 July 1989 stating that the
investigations into the death of Lankapura were being conducted. It was also
stated, in connection with the alleged death threats against Prins Gunasekara
and Kanchara Abhayapala, that neither of them had requested the Government to
provide him with security and that, if such arequest were to be made, the
Government would be most happy to oblige.
396. Subsequently, the Special Rapporteur learned that Kanchara Abhayapala had
been shot by an unidentified gunman at his home on 28 August 1989 and died
shortly afterwards, and that Prins Gunasekera had left Sri Lanka and sought
asylum abroad.
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Sudan
397. On 14 December 1989, a cable was sent to the Government of Sudan
concerning the allegation that Dr. Mainoon Mohammed Hussein had been sentenced
to death on 10 December 1989 by the revolutionary security court in Khartoum.
According to the information, Dr. Hussein was convicted for having
participated in a one—week strike called for by the Sudan Doctor's
Association. It was reported that, although the judge had announced a period
of seven days for appeal against the verdict, General Omar Bechir confirmed
that the judgement was final and that he would not grant clemency. It was
also alleged that Dr. Hussein had been seriously tortured in detention before
the trial by security personnel and groups supporting the Government. Another
doctor named Mohammed Ibrahim Al—Yas had allegedly died under torture. Fears
were expressed that other doctors might be put on trial for their
participation in the strike and be given death sentences.
398. In this connection, the Special Rapporteur referred to articles 6 and 14
of the International Covenant on Civil and Political Rights to which Sudan was
a party and also to safeguards 5 and 6 of the annex to Economic and Social
Council resolution 1984/50 of 25 May 1984 entitled “Safeguards guaranteeing
protection of the rights of those facing the death penalty”.
399, The Special Rapporteur appealed to the Government to make every effort to
guarantee the right to life of Dr. Mainoon Mohammed Hussein and requested
information on the above—mentioned case and, in particular, on the legal
proceedings under which Dr. Hussein had been sentenced to death.
400. On 8 January 1990, a cable was sent to the Government of Sudan concerning
the information that Gergis Al—Chous Boutros, an assistant pilot of Sudan
Airways, sentenced to death on 24 December 1989 by the Special Court Number 1
in Khartoum for contravening recently introduced currency regulations, might
be facing imminent execution.
401. In this connection, the Special Rapporteur referred to articles 6 and 14
of the International Covenant on Civil and Political Rights to which Sudan was
a party and also to safeguards 5 and 6 of the annex to Economic and Social
Council resolution 1984/50 of 25 May 1984 entitled “Safeguards guaranteeing
protection of the rights of those facing the death penalty”, appealed to the
Government to make every effort to guarantee the right to life of Gergis
Al—Ghous Boutros, and requested information on the above—mentioned case, and
in particular on the legal proceedings under which this person had been
sentenced to death.
402. At the time of preparation of the present report, no reply had been
received from the Government of Sudan.
Suriname
403. On 27 April 1989, a reply was received from the Government of Surinaine to
the Special Rapporteur's cables of 15 December 1988 concerning the arrest and
detention of Stanley Rensch (E/CN.4/1989/25 , paras. 259—262). The reply
stated that Stanley Rensch had been taken into custody by the Military Police
for interrogation under suspicion of supporting and providing facilities to
persons who had taken up arms against the lawful authority and that, after a
couple of days, Rensch had been released by order of the Chief Prosecution
H / CN .4/1990/22
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Officer. It was also stated that, on 30 January 1989, the prosecutor had
submitted the case to the investigating judge to make preliminary judicial
inquiries against Rensch, which had not yet been concluded. It was further
stated that his detention was not in contravention of the law and that all
further action to be taken in the matter would be carried out in accordance
with legal procedures and in observance of constitutionally guaranteed human
rights.
404. On 30 October 1989, a letter was sent to the Government of Turkey
transmitting the allegation that, on 2 August 1989, two Kurdish prisoners,
named Mehmet Kayalar and Orhan Eroglu, had died as a result of ill—treatment.
The prisoners, who had been on hunger strike for 35 days at Eskisehir prison
were transported under harsh conditions to Aydin and Nazilli and ill—treated.
405. The Special Rapporteur requested information on these allegations and in
particular on any investigations by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
406. On 14 December 1989, a reply was received from the Government of Turkey
to the Special Rapporteur's letter of 30 October 1989, stating that persons
named “Mebmet Kayalar” and “Orhab Eroglu” were not known to the competent
Turkish authorities. However, the contents of the allegation mentioned in the
letter of the Special Rapporteur corresponded to a case involving two
prisoners named Mebmet Yalçinkaya and Hüsnü Eroglu, two of the inmates who had
tried to escape from the Eskisehir prison by excavating two tunnels. The
authorities had discovered these tunnels on 22 June 1989 and decided
temporarily to transfer the inmates to other prisons. On 29 June 1989, the
inmates in question, including Mebniet Yalçinkaya and Hüsnü Eroglu, had
launched a hunger strike. It was clear that there was a direct link between
the frustration caused by the failure to escape from prison and the hunger
strike. The prisoners had continued the hunger strike at the prison to which
they had been moved, and the loss of life of the two prisoners referred to had
occurred during that hunger strike, which lasted 52 days.
407. It was also stated that doctors had examined the said persons prior to
their departure from the Eskisehir prison and established that they had no
health problem which could prevent them from being transported to the Aydin
prison. The inmates, including the two persons in question, had been taken to
the Aydin prison in the usual transportation vehicles and the convoy had been
escorted by an ambulance carrying two physicians who examined the inmates
several times on the way to Aydin. It was stated that no case of mistreatment
had occurred during the transportation.
408. It was further stated that a team composed of four qualified physicians
had made a thorough postmortem examination and subsequently prepared an
autopsy report where the following was stated: “The death of Mr. Yalçinkaya
and Mr. Eroglu has been a result of a state of shock and coma. This has been
caused by dehydration and ketosis related to hunger and thirst.”
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Union of Mvanmar
409. On 9 August 1989, a cable was sent to the Government of the Union of
Myanmar concerning the information that three persons had been sentenced to
death by a military tribunal on or about 27 July 1989, for their alleged
participation in activities leading to the explosion on 7 July 1989 of a
parcel bomb at the Syrian State oil refinery near Yangon, in which two persons
had been killed and one seriously injured.
410. On 6 October 1989, another cable was sent to the Government of the Union
of Myanmar concerning the information that five persons had been sentenced to
death on 25 September 1989 by the No. 1 military tribunal in Yangon under
martial law orders 1/89 and 2/89. The five had reportedly been sentenced in
connection with the killing of three persons in Dagon, Yangon, during the
civil unrest the previous year.
411. On 3 November 1989, another cable was sent to the Government of the Union
of Myanmar concerning the information that five persons had recently been
sentenced to death by military tribunals formed in accordance with martial law
orders numbers 1/89 and 2/89. According to the information, three persons had
been sentenced to death on 18 October 1989 by military tribunal No. 3 of the
Yangon military command in connection with the bomb explosion at Yangon City
on 10 July 1989. On 19 October 1989, two persons had reportedly been
sentenced to death by military tribunal No. 1 of the Yangon military command.
412. On 13 November 1989, another cable was sent to the Government of the
Union of Myanmar concerning the information that 11 persons had been sentenced
to death by military tribunals formed in accordance with martial law orders
1/89 and 2/89. According to the information, the 11 had been sentenced to
death at the end of August 1989 by military tribunal No. 4 of the north—west
military command in Shwebo in connection with an attack on a police station in
Sagaing division in Northern Myanmar.
413. In those four cables, the Special Rapporteur stated that, according to
the information, martial law orders 1/89 and 2/89, which had been promulgated
on 17 and 18 July 1989 by the State Law and Order Restoration Council,
empowered military commanders to conduct summary trials in military tribunals;
and permitted the tribunals to “waive unnecessary witnesses”, to “indict an
offender without hearing prosecution witnesses”, to “reject the recalling of
witnesses who have already testified”, and to impose death sentences
“regardless of the provisions under existing laws”. Order 2/89 allegedly
provided that “decisions and judgements passed by a military tribunal shall be
final”; death sentences had only to be approved by the military commander and
the only recourse of a condemned person was to ask the commander—in—chief of
the army, within 30 days, to revise the sentence.
414. In this connection, the Special Rapporteur referred to article 14 of the
International Covenant on Civil and Political Rights, which provided for
safeguards to protect the rights of the accused, including the right “to
examine, or have examined, the witnesses against him and to obtain the
attendance and examination of witnesses on his behalf under the same
conditions as witnesses against him”, and the right to appeal to a higher
tribunal against conviction and sentence, and to article 15 of the Covenant,
which provided that “no one shall be held guilty of any criminal offence on
account of any act or omission which did not constitute a criminal offence,
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under national or international law, at the time when it was committed, nor
shall a heavier penalty be imposed than the one that was applicable at the
time when the criminal offence was committed”. He also referred to
safeguard 6 of the annex to Economic and Social Council resolution 1984150 of
25 May 1984 entitled “Safeguards guaranteeing protection of the rights of
those facing the death penalty”.
415. On 13 December 1989, a reply was received from the Government of the
Union of Myann ar to the Special Rapporteur's cables of 9 August, 6 October,
3 and 13 November 1989, stating that the death sentences referred to in the
Special Rapporteur's cables concerned cases involving explosion of a parcel
bomb at the Syrian Oil Refinery on 7 July 1989, beheading of two men and one
woman on 8 September 1988 at the Dagon Township People's Council Office, bomb
explosions at Yangon City Hall on 10 July 1989, committing crimes and
absconding to KT'I0 insurgents, abetting and committing serious crimes, looting
of firearms and killing of law enforcement officials on 13 September at the
Dazel Police Station. The reply provided detailed descriptions of all these
cases and cited the provisions of the Penal Code and other relevant laws on
the basis of which the military tribunals had sentenced these persons to death.
416. According to the reply, by the middle of 1989, certain subversionist
tendencies had emerged and the hands of the extremists who had played a
primary role in the upheavals of 1988 began to show again and evidently posed
a threat to the nation. On 17 and 18 July 1989, approximately one year after
the SLORC had come into power, Martial Law Orders Nos. 1/89 and 2/89 were
issued entrusting the judicial powers to the military commanders of three
Command Headquarters. In this regard, the reply emphasized the following:
“(a) Military courts authorized under martial law orders were not
the only courts that operated in the country even after the announcement
of martial law. Under Martial Law Order No. 2/89, the courts found under
the existing law other than martial law, namely, the Supreme Court and
the courts at different levels, continued to function and were dispensing
justice for various offences normally In accordance with the existing
laws.
“(b) The right of appeal and application for reconsideration,
revision, commutation or rejection of the sentences was provided for
under sections 7 and 8 for all sentences involving a prison term of three
years and above and the death penalty. The appeal for commutation or
rejection of the sentences passed by a military tribunal is to be
addressed to the Command Commander and Commander—in—Chief (Army) step by
step.
“(c) In the Union of Myanmar, no death sentence had ever been
carried out in the past several years except in the case of Zin Mo, a
North Korean terrorist responsible for the bomb explosion of the Martyrs
Mausoleum in Yangon in 1983 when four ROK ministers were killed.
“(d) The martial law was to be revoked as soon as the exigencies of
the situation no longer required it and there was no more threat to
national unity and independence.
“(e) Under Martial Law Order No. 3/89, dated 3 November 1989,
martial law has been revoked in eight townships, as the rule of law and
maintenance of peace and tranquillity have improved sufficiently.”
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417. It was further stated that those who had been sentenced to death had
applied for revision, commutation or rejection, as the case might be, and that
none of them had been executed to date.
418. It was also stated that it should be crystal clear that martial law was
not the only law operating in Myanmar; it could even be considered as a
misnomer, since martial law courts were dispensing justice more effectively,
with dispatch, in strict accordance with the laws normally existing and the
provisions of the 1974 Constitution; the martial law courts were of a
temporary character required by the exigency of the situation, where the lives
of innocent people had to be safeguarded; the situation had sufficiently
improved in eight townships where martial law declarations had been already
revoked; and therefore there was no element whatsoever which could be
interpreted as contrary to the provisions of any of the existing human rights
instruments quoted by the Special Rapporteur in his four above—mentioned
cables.
Union of Soviet Socialist Republics
419. On 30 October 1989, a letter was sent to the Government of the USSR
transmitting allegations that, on 9 April 1989, in Thilisi, Georgia, at least
36 persons had died in clashes between demonstrators and security forces.
According to the information, members of special units of the Ministry of
Internal Affairs had blocked crossings, surrounded citizens and beaten them
with clubs and shovels. The action of the security forces had reportedly been
pre—planned. Official sources had stated that 19 persons had died, and the
report issued by the Georgian commission which investigated the incidents had
called for the Congress of People's Deputies to ascertain who was responsible.
420. The Special Rapporteur mentioned in the letter the names of the
36 alleged victims.
421. The Special Rapporteur requested information on these allegations and in
particular on any investigations by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
422. On 1 December 1989, a cable was sent to the Government of the USSR
concerning the information that a person named A. Zapevalov, aged 23, had been
sentenced to death on 20 November 1989 by the Supreme Court of the Russian
Soviet Socialist Republic after having been convicted of murdering two women
in the Voronezh region. It was alleged that he had not had the right to
appeal to a higher tribunal against the conviction and sentence.
423. The Special Rapporteur, referring to article 14, paragraph 5, of the
International Covenant on Civil and Political Rights, to which the USSR was a
party, appealed to the Government to examine the case and to make every effort
to protect the right to life of the above—mentioned person in accordance with
the said Covenant and requested information in this regard.
424. On 29 December 1989, a reply was received from the Government of the USSR
to the Special Rapporteur's letter of 30 October 1989, transmitting the
decision of the Congress of People's Deputies of the USSR concerning the
report presented by the Commission established by the First Congress of the
People's Deputies of the USSR to investigate the events that had occurred in
the city of Thilisi on 9 April 1989, as follows:
H / CN. 4 / 1990 / 22
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“The Congress of People's Deputies of the USSR, having heard the
conclusion presented by the Commission for the investigation of the
events that occurred in Thilisi on 9 April 1989, notes that the tragedy
involving loss of innocent lives has brought to light the inability of
the former leadership of the Republic to defuse the gravely deteriorating
social and political situation that had developed in the Georgian SSR.
This tragedy has also brought to light the serious miscalculations and
mistakes committed at every level of the USSR and Republican
administration as the decision was made and carried out to suppress the
unsanctioned rally on the square in front of the House of Government.
The Congress also notes the absence of clear—cut legislative regulation
of the procedural and practical aspects of the use of armed forces for
the settlement of internal conflicts.
“The Congress of People's Deputies of the USSR decides:
‘1. To take note of the conclusion presented by the Commission
established by the Congress of People's Deputies to investigate the
events that occurred in the city of Tbilisi on 9 April 1989;
‘2. To condemn the use of violence against participants of the
demonstration that took place in the city of Tbilisi on 9 April 1989;
‘3. To entrust the Presidium of the Supreme Soviet of the USSR
with the task of submitting to the appropriate bodies, for
consideration and decision, of the proposals put forward by the
Commission established to investigate the events that occurred in
the city of Thilisi on 9 April 1989, and of monitoring their
implementation;
‘4. To prepare, taking account of the discussions held, a
communiqué for the press on the result of the investigation of the
events in Tbilisi.'”
425. On 8 January 1990, a reply was received from the Government of the USSR
to the Special Rapporteur's cable of 1 December 1989, forwarding information
from the Office of the Procurator—General of the USSR.
426. According to the reply, Andrei Viktorovich Zapevalov had been sentenced
by the Supreme Court of the Russian Soviet Socialist Republic to an
exceptional measure of punishment, viz, the death penalty, for the totality of
his crimes. In December 1987, Zapevalov, together with accomplices, had
organized an armed gang for the purposes of appropriation by banditry of State
and citizens' personal property and subsequent illegal crossing of the State
frontier of the USSR into Finland. In order to arm the gang, they, together
with other persons in Voronezh, had made and procured during the period
December 1987—March 1989 firearms and other weapons and explosives and
ammunition, in particular a grenade launcher with projectiles, a light
machine—gun, pistols, a sawn—off rifle, combat mines, approximately 8 kg of
explosives, 17 knives and the like and over 300 cartridges. It was also
stated that, in pursuit of his criminal designs, Zapevalov, in order to obtain
the money necessary to arm the gang, had robbed and murdered two women in
Moscow in December 1988, taking from them money and property to a total value
of over 10,000 roubles, and that the punishment had been ordered by the court
in view of the convict's personality and of the socially dangerous nature of
the crimes committed.
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United States of America
427. On 28 July 1989, a cable was sent to the Government of the United States
of America concerning the case of William Andrews, aged 39, who was reportedly
scheduled to be executed in Utah on 22 August 1989 after being convicted as an
accomplice to a store robbery in which three persons had been murdered
on 22 April 1974. In connection with this case, the Special Rapporteur
expressed his concern about reports that, according to Andrews' lawyers, the
State of Utah had acknowledged that Andrews had not been present during the
commission of the homicides, that Andrews, a black man, had been tried before
an all—white jury selected from the community where the crime had been
committed and that Andrews had been on death row for nearly 15 years
428. On 9 November 1989, another cable was sent to the Government of the
United States of America concerning the case of Dalton Prejean, aged 29, who
was reportedly scheduled to be executed in Louisiana on 30 November 1989.
Prejean had reportedly been convicted in May 1978 of the murder of a police
officer. All appeals were said to have been exhausted.
429. According to the information, Dalton Prejean had been aged 17 when he
committed the murder. In this connection, the Special Rapporteur referred to
article 6 of the International Covenant on Civil and Political Rights which
provided that: “sentence of death shall not be imposed for crimes committed
by persons below eighteen years of age”, and to the annex to Economic and
Social Council resolution 1984/50 entitled “Safeguards guaranteeing protection
of the rights of those facing the death penalty”, stating that “persons below
18 years of age at the time of the commission of the crime shall not be
sentenced to death”.
430. In both cables, the Special Rapporteur appealed to the Government, on a
purely humanitarian basis, to protect the right to life of Dalton Prejean and,
in particular, to consider granting him clemency.
431. On 24 November 1989, a reply was received from the Government
of the United States of America to the Special Rapporteur's cable
of 9 November 1989. According to the reply, the Government's view was
that general international law did not prohibit the execution of those
committing capital crimes under age 18, provided that adequate due process
guarantees were provided and that, although a number of nations prohibited the
execution of such offenders, the practice of these States lacked the
uniformity and opinio juris necessary to create a norm of customary
international law. While the International Covenant on Civil and Political
Rights prohibited the imposition of the death penalty for crimes committed by
persons below 18 years of age, that prohibition applied only to those States
that were parties to the Covenant; the United States was a signatory but not a
party to the Covenant, and was thus bound only to refrain from acts that would
defeat the overall object and purpose of the instrument. It was further
stated that the object and purpose of the Covenant was generally to foster
respect for human rights and to encourage States to pass legislation
protecting human rights, and that the execution of such offenders did not
violate the object and purpose of the Covenant.
432. As for consideration of a stay or commutation of sentence in this case,
it was stated that the Special Rapporteur's communication provided no specific
factual or legal basis on which the appropriate authorities could grant
E/CN.4/1990/22
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clemency, that avenues of relief were also available through the United States
Federal Courts to the level of the Supreme Court and that, if all appeals had
in fact been exhausted, the Governor of the State of Louisiana might still
have the power to stay or commute the sentence.
433. Subsequently, the Special Rapporteur learned that Dalton Prejean had
been granted a stay of execution by the United States Supreme Court
on 29 November 1989.
Venezuela
434. On 25 April 1989, a letter was sent to the Government of Venezuela
concerning the allegation that several persons had been killed by the security
forces in the course of the events of 27 February 1989 and the days that
followed. The victims were given as follows:
(a) Crisanto Mederos, on3 March 1989 in La Pastora, by Armed Forces
personnel during a search of his home;
(b) Eliazar Mavares, on 2 March 1989, while he was walking in the street
in La Pastora, presumably by a Metropolitan Police officer belonging to
detachment No. 51 in Lidice;
(c) Armando Castellanos, on 1 March 1989 in Petare, by Metropolitan
Police Force personnel who fired shots into his home while they were under the
influence of alcohol and hit him in the head;
(d) Boris Eduardo Bolivar Marcano, on 4 or 5 March 1989, after being
detained by Metropolitan Police personnel and transferred, presumably while he
was still alive, to the army. His wife stated that she saw him still alive,
although badly beaten and with his hands bound. Several days later it was
reported that he had died in the disturbances;
(e) Richard Páez, on 3 March 1989, in Petare, by Metropolitan Police
Force personnel while he was in the doorway to his house. The police claimed
that he had died as a result of a fall from the doorsteps. His family
asserted that there were two bullet wounds in his body;
(f) Jesus Zambrano, on 28 February 1989 in the “Los Molinos” shopping
centre, presumably shot in the back by Metropolitan Police Force personnel;
(g) Carmen Marlene Diaz Escalante, on 27 February 1987 in Nueva Tacagua,
by unidentified individuals riding in a jeep;
(h) JesuIs Cartaya, on 1 March 1989 in Petare, by shots fired by army
personnel while he was in his home;
(i) Juan José Garrido Blanco, on 2 March 1989 in Nueva Tacagua, by
two motorized DISIP officers, while he was chatting with his girl—friend.
435. In addition, it was alleged that more persons were presumed to have been
killed by security forces personnel during the incidents of 27 February 1989
and afterwards, and the names of 12 persons were mentioned in the letter.
436. Furthermore, it was alleged that a group of soldiers had attempted to
kill Angel Ramos AmaIz.
E / CN. 4 / 1990 / 22
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437, The Special Rapporteur requested information on these allegations and in
particular on any investigations by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
438. on 11 December 1989, a letter was sent to the Government of Venezuela
transmitting allegations that, during the past several years, a number of
persons had died as a result of deliberate and unprovoked action by police and
military personnel. Some of the victims had allegedly been shot by security
forces in incidents described by the authorities as armed confrontations with
common criminals. Others were said to have died in police custody as a
result of torture. It was also alleged that irregularities in judicial
investigations and serious delays in criminal proceedings had resulted in
only a few convictions of those responsible for the killings. Even such
convictions were said to have ended in suspended sentences or conditional
release. The absence of strict disciplinary or judicial measures in cases
involving members of the police or military allegedly contributed to the
recurrence of unjustified and illicit incidents of killing.
439. The Special Rapporteur described, by way of example, the following cases:
(a) On 11 September 1985, Freddy Manuel Dugarte, aged 18, was arrested
after having been shot in both legs by members of the Dirección de los
Servicios de Inteligencia y Protección (DISIP) in Nuevo Horizonte, outside
Caracas. Next day his father identified his body with a bullet wound in the
heath In March 1987, two members of DISIP had been indicted on charges of
homicide 9 but these charges were revoked by the Tribunal Tercero en Primera
Instancia de lo Penal for lack of sufficient evidence. On 25 March 1988, this
decision was confirmed by the Tribunal Quinto Superior, which suspended the
investigations;
(b) On 19 September 1987, José Luis Palomares, aged 16, cadet at a
military training academy, died of a ruptured spleen. Although the military
authorities claimed that he had died of natural causes, the circumstances of
his death supported the allegation that he had been tortured after he had
tried to escape from the academy. It was further reported that the military
court closed the investigations in January 1989, having ruled that the
allegation was false. The family was however told by court staff that the
investigations were continuing;
(c) On 29 October 1988, 14 people were killed by a combined unit of
military personnel, members of the DISIP and the Policia Técnica
Judicial (PTJ) on the Venezuelan—Colombian border as they were travelling by
boat on the river Aranca. In January 1989, a Congressional Commission issued
its report with a finding that the 14 persons had been killed in circumstances
other than an armed confrontation. A local military judge ordered the
detention of the 19 members of the patrol on charges of homicide, but in
April 1989 the 19 were released due to a technical irregularity;
(d) On 23 April 1987, Martin Soto Mijares, aged 20, was shot dead by a
member of the Metropolitan Police in the barrio of Nueva Tacagua, Caracas. In
January 1988, an investigación de nudo hecho was requested but this was still
not known to have been carried out;
E / CN .4 / 1990 / 22
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(e) On 9 June 1987, Felix Huniberto Pei ia Tadino was shot dead at his home
in the barrio of Moran de Catia by the police. The police claimed that he had
been killed in a confrontation with the PTJ, but this was denied by his
family. Although a State attorney was appointed to the case, he could not
obtain the case dossier from the court;
(f) On 15 December 1987, Luis Miguel Villanueva Ibarra, aged 27, was
shot dead by members of the DISIP. The witnesses reportedly denied the police
report that Villanueva had been armed. The photographer and other witnesses
on the scene were said to have been later threatened by the police. In
November 1988, a judge of the Juzgado Superior Tercero en lo Penal del Estado
de Aragua absolved the members of the DISIP on the ground that they had acted
in self—defence and closed the case. An appeal against the decision was made
to the Supreme Court which failed to respond to the appeal within five days as
prescribed by law.
440. In addition, in the Venezuelan—Colombian border areas, a number of
Colombian nationals were allegedly killed by the Venezuelan army after the
victims had been lured into Venezuela by Colombian collaborators of the
DISIP. The victims were described as guerrillas who had been involved in
armed robbery. The Special Rapporteur described the following two cases:
(a) In July 1988, Dagoberto Gonzalez Velázquez, painter from Cucuta,
Colombia, was killed by the Venezuelan army. He had been offered a job in
Venezuela and left home on 9 July;
(b) On 6 October 1988, two brothers, William and Yesid Bertrán Arévalo,
and Fernando Alvarez Mui ioz, Colombian nationals from Cucuta, Colombia, were
killed in El Vallado, Ure ia district, Tachira State, by Venezuelan army
troops. It was alleged that the three had been lured into Venezuela by a
Colombian working for the DISIP and handed over to the Venezuelan army as
guerrillas of the Colombian Ejército Nacional de Liberación.
441. On 15 August 1989, a reply was received from the Government of Venezuela
to the Special Rapporteur's letter of 25 April 1989. According to the reply,
on the days in question a number of acts had been committed in several cities
in Venezuela which constituted a disturbance of the peace, including
vandalism, attacks against the security of the person and the fanilly, loss of
life and extensive damage to property, necessitating the intervention of the
armed forces, the police and other State security agencies. It was further
stated that, in order to preserve law and order and guarantee the security of
the public, measures such as suspension of constitutional guarantees and
imposition of curfew had been necessary. It was further stated that the
government attorney had subsequently been informed that certain irregularities
had occurred, including disappearances, arbitrary detention, death and
torture, and that he had accordingly issued orders to his representatives
throughout the country to receive and process all complaints relating to the
events in question and to proceed with the investigation of those complaints
through the competent judicial bodies, if a violation of the law had occurred.
442. A list of 12 cases of death under investigation by the 18th, 19th, 41st,
42nd and 43rd courts of first instance, and also by the 2nd Military Court of
First Instance, and another list issued by the morgue, were attached to the
reply.
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Yemen
443. On 20 March 1989, a reply was received from the Government of Yemen to
the Special Rapporteur's letter of 9 November 1988 (E/CN.4/l989/25,
paras. 287—290), stating that the allegations referred to were totally
unfounded and that the reported killings were exaggerated, some of them being
attributable to tribal vendettas resulting from the nature of the social
structure and the lengthy accumulated legacy of outdated practices that the
republican régime had inherited from the reactionary imamate régime in power
before the revolution of 26 September 1962.
Yugoslavia
444. On 30 October 1989, a letter was sent to the Government of Yugoslavia
transmitting allegations that, on 27 and 28 March 1989 and during the first
days of April, several hundred persons of Albanian background had been killed
by security forces in various towns in Kosovo during demonstrations that had
taken place in the context of ethno—political unrest. It was alleged
that the victims had been kicked, beaten or shot to death. Among the
identified victims, a list of 58 names was received by the Special
Rapporteur. The following alleged incidents were listed by way of example:
(a) In Zhur, dozens of elementary schoolchildren were shot dead or
injured when security forces indiscriminately shot at the demonstrating
children from a helicopter;
(b) In Malishevë, Dim and Arsim Pacarrizi, aged 7 and 8, were killed by
security forces, although the police reportedly explained that the brother of
one of the two children had been playing with a gun belonging to a soldier and
had shot the children by mistake;
(c) In Gjilan, Basri Ibrahimi, aged 24, was shot dead while he was in
his car near a demonstration. It was alleged that the family members had been
tortured and forced by the police to accept that he had committed suicide.
445. The Special Rapporteur requested information on these allegations and in
particular on any investigations by the competent authorities, including
autopsy, and any measures taken to prevent the further occurrence of such
deaths.
446. At the time of preparation of the present report, no reply had been
received from the Government of Yugoslavia.
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h p III
ANALYSIS OF THE PHENOMENON
A. Death threats
447. During the period of the current mandate of the Special Rapporteur, more
appeals were received than in previous years for urgent intervention by the
Special Rapporteur in cases of death threats. The Special Rapporteur took
immediate action in cases where such death threats posed prima fade imminent
danger to the life of those who had allegedly received death threats.
448. Reports of death threats and subsequent assassinations are still confined
to a limited number of countries in certain regions. However, this heinous
practice of terror is gradually spreading to countries where such practice had
not been known to exist, but where the political and social situation has been
markedly deteriorating.
449. According to the information received death threats are made against
persons of various backgrounds and professions, in particular the following:
(a) Judges, lawyers, magistrates and prosecutors, etc., involved in
trials, investigations or other legal proceedings;
(b) Human rights activists who collect and publicize cases of violation
of human rights at the local, regional and/or national levels, and organize
human rights activities;
(c) Public office holders, including legislators and community
councillors, who publicly demand justice in cases of human rights violations;
(d) Trade unionists who organize workers and try to defend workers'
rights;
(e) Educators who engage in adult education programmes and activities
aimed at creating awareness of human rights in rural areas;
(f) Journalists who investigate and report cases of violation of human
rights through the mass media;
(g) Eyewitnesses of crimes who are willing to testify in a trial or
before a magistrate;
(h) Members of opposition groups, including political parties.
450. Judging by the information received on various cases of death threats,
their aim appears to be to terrorize the persons concerned in order to prevent
them from pursuing activities which are perceived as contrary to the interests
of the authors of the threats.
451. The authors of death threats usually remain anonymous. However, they
often use names of paramilitary or “vigilante” groups whose identity remains
vague or unknown.
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452. Threats are made by telephone, letters delivered to the homes of the
victims, pamphlets, or “death lists” carrying the names of prospective targets
of assassination.
453. According to the appeals made to the Special Rapporteur, in most cases
the authorities had taken no effective measures to protect those who had
received death threats or to undertake appropriate investigations. The
appeals also indicated the involvement of the Government concerned, either
directly, by orders given to officials or the employment of individuals or
groups under the control of the Government, or indirectly by connivance in or
collusion with such death threats by private individuals or groups. Absence
of official investigation, prosecution and/or punishment of those responsible
for such threats was the rule rather than the exception.
454, In certain countries where death threats are reported to be widespread,
the majority of the victims of summary or arbitrary executions had in fact
received death threats before they were assassinated.
B. Human rights defenders as victims
of summary or arbitrary executions
455. Caring for others is a noble and universal principle in any human
community. Caring for those who are underpriviledged, discriminated against
or persecuted is highly commendable. It is even extraordinary when such
caring accompanies a serious risk to one's own life.
456. In reality, those who uncompromisingly struggle to help others, to seek
justice, to shed light on carefully concealed facts often end up as victims of
summary or arbitrary execution. By profession and activities, such persons
are judges, magistrates, prosecutors, lawyers, journalists, human rights
activists, teachers, legislators, community councillors, mayors, trade
unionists, etc. By the very nature of their work, they may be called human
rights defenders.
457. According to a report published by the Eighth Consultative Meeting of
the International and Regional Organizations of Journalists, held in
Prague from 25 to 27 November 1988, at least 600 journalists had been killed
in various parts of the world during the previous 10 years, and a similar
number had disappeared, most of them presumed dead. In 1987, 37 journalists
were reported to have been killed, and in 1988, 39. The real number could be
higher.
458. According to another report, prepared by the Centre for the Independence
of Judges and Lawyers, between January 1988 and June 1989, 35 members of the
legal profession were killed throughout the world because of their
professional activities, such as counselling and representing clients,
advocating law reform and human rights, conducting investigations and
rendering judicial decisions.
459. Active members of non—governmental human rights organizations, trade
unions and political parties have been the most outstanding groups of victims
of summary or arbitrary executions, since they are often perceived as enemies
or subversive elements by the established, dominant power groups. As noted in
the foregoing section, human rights defenders are those who most often receive
death threats demanding that they cease their activities. It is an alarming
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trend that human rights defenders should be deliberately selected as targets
of sununary or arbitrary executions, since, without their activities, human
rights violations would largely remain undetected, would not be reported to
the authorities or to the public, would not be investigated and would not be
punished. The implications of the attacks on these groups of persons are
serious, leaving no doubt about the aims of the attackers.
460. The integrity and well—being of the entire community of a country depend
very much on their uncompromising struggle. It is for this reason that human
rights defenders should be given better protection, nationally and
internationally.
C. Effective prevention, investigation and punishment of summary or
arbitrary executions — consensus on international standards
461. The Special Rapporteur considers it a milestone for his mandate that the
Economic and Social Council adopted, on 24 May 1989, without a vote,
resolution 1989/65 entitled “Effective prevention and investigation of
extra—legal, arbitrary and summary executions”. This resolution is a highly
positive outcome of long and careful preparation and close co—operation among
non—governmental organizations, Governments and United Nations organs. The
Special Rapporteur wishes to commend the serious work done in this regard, by
the Committee on Crime Prevention and Control and the vital contribution made
by non—governmental organizations, in particular by the Minnesota Lawyers
International Human Rights Committee.
462. The annex to the resolution sets out 20 principles on the effective
prevention and investigation of extra—legal, arbitrary and summary executions,
which the Special Rapporteur described briefly in his last report
(E/CN.4/l989/25, para. 297). Since these principles are considered so
important, the annex to Economic and Social Council resolution 1989/65 is
reproduced in full in the annex to the present report.
463. The Special Rapporteur feels that his position with regard to the
implementation of his mandate is strongly supported by this resolution. In
his past reports, the Special Rapporteur has reiterated that adequate
investigation, prosecution and/or punishment in cases of death in suspicious
circumstances are crucial to a Government's effort to eliminate the abhorrent
phenomenon of summary or arbitrary executions. Since the principles adopted
by the Economic and Social Council reflect the Special Rapporteur's ideas and
views in sufficient detail, he will be able to refer, without any reservation,
to these principles in his examination of alleged incidents of summary or
arbitrary executions. Any Government's practice that fails to reach the
standards set out in the principles may be regarded as an indication of the
Government's responsibility, even if no government officials are found to be
directly involved in the acts of summary or arbitrary execution.
464. It is worth mentioning here that a manual on the effective prevention
and investigation of extra—legal, arbitrary and summary executions is now
being prepared to supplement the principles adopted by the Economic and Social
Council. The Special Rapporteur hopes that this manual will be made widely
available in at least the official languages of the United Nations so that it
may be used for seminars and training courses in various parts of the world.
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D. Advisory services and technical assistance
465. The Commission on Human Rights, in its resolution 1989/72, entitled
“Advisory services in the field of human right&', requested its special
rapporteurs and representatives, as well as the Working Group on Enforced or
Involuntary Disappearances, “to inform Governments, whenever appropriate, of
the possibility of availing themselves of the services provided for under the
programme of advisory services and to include in their recommendations,
whenever appropriate, proposals for specific projects to be realized under the
programme of advisory services” (para. 11). In his past reports, the Special
Rapporteur has made recommendations of a general nature with regard to
training programmes for law enforcement officers, seminars and workshops for
government off icials He has refrained, however, from making specific
recommendations to specific Governments unless he has had the opportunity to
visit in situ , to examine in depth the situation in their countries.
466. The Special Rapporteur is of the opinion that, to ensure the positive
outcome of any programmes or projects of advisory services or technical
assistance by the United Nations, a number of basic elements must be
satisfied, including the following:
(a) A Government's genuine willingness to combat human rights violations
and to improve the situation in its country;
(b) Careful examination of the country situation prior to proposing
specific projects, in order clearly to identify the needs, and a critical
analysis of the Government's request for specific projects or programmes;
(c) Support of projects by well—planned financial and human resources;
Cd) Close co—operation and co—ordination within United Nations organs
and departments in planning and implementing projects;
(e) Establishment of mechanisms for monitoring project implementation
and achievements and periodic evaluation of such projects.
467. The Special Rapporteurs and representatives of the Commission on Human
Rights, as well as the Working Group on Enforced or Involuntary
Disappearances, could indeed contribute to identifying needs and formulating
specific projects, since they would be in the best position to obtain in—depth
information on the situation in specific countries through their visits
in situ or their direct contacts with the Governments concerned. However, the
administration and management of programmes and projects within the framework
of the advisory services and technical assistance should not depend
exclusively on the initial contribution of the Special Rapporteurs,
representatives and t1 e Working Group. It requires its own expertise, and the
United Nations Secretariat, and in particular the Centre for Human Rights,
must be equipped with the necessary specialists and other resources.
468. The Special Rapporteur hopes that in the near future, a notable
improvement will be made in this area within the Centre for Human Rights with
a view to providing continuous impetus and effective management to these
activities.
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Chapter IV
CONCLUSIONS AND RECOMMENDATIONS
469. With his present report, the Special Rapporteur has completed his eighth
year since the establishment of his mandate in 1982. By going through his
past reports and the information he has received, he concludes that the
phenomenon of summary or arbitrary executions is unfortunately still prevalent
in many parts of the world. Armed conflicts causing the death of civilians,
political assassinations, illegal and/or excessive use of force by law
enforcement or security force personnel, deaths in custody and executions
without trial, or with a trial but without the safeguards to protect the
rights of the defendant — the whole pattern of summary or arbitrary executions
has already been well—documented and analysed in the Special Rapporteur's
reports. Up to the present, the picture has remained unchanged.
470. During the past several years, the activities of the Special Rapporteur
— have markedly increased. On the one hand, every year he has received more
communications containing information on summary or arbitrary executions; on
the other hand, he has taken more frequent action in regard to the Governments
concerning which allegations of summary or arbitrary executions have been
made. The Special Rapporteur is of the view that this may be indicative of
the fact that his mandate is becoming better known.
471. The Special Rapporteur is aware that the information which has reached
him represents only a part of the entire phenomenon of summary or arbitrary
executions. He hopes that the efforts and co—operation of various
international and national organizations directed at establishing a better
information network will continue to improve the transmission of information
both in quantity and in speed.
472. In the present report, the Special Rapporteur has taken note of a
particularly alarming trend, which is rapidly spreading, namely, the practice
of “death threats” deliberately directed, in particular, against persons who
play key roles in defending human rights and achieving social and criminal
justice in a society. Rigorous measures must be taken to protect this group
of persons.
473. On the other hand, the Special Rapporteur is happy to note the
considerable achievements made by the General Assembly and the Economic and
Social Council during the past year in areas directly or indirectly related to
his mandate.
474. The General Assembly adopted, on 9 December 1988,, resolution 43/173
entitled “Body of Principles for the Protection of All Persons under Any Form
of Detention or Imprisonment”. The Economic and Social Council adopted, on
24 May 1989, several resolutions concerning the administration of justice, and
in particular resolution 1989/65, entitled “Effective prevention and
investigation of extra—legal, arbitrary and summary executions”. This
resolution has set the standards which the Special Rapporteur will apply when
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he examines alleged cases of summary or arbitrary executions. It should also
help Governments to improve and/or maintain the level of protection of the
right to life of those under their jurisdiction.
475. Furthermore, the Special Rapporteur takes special note of
General Assembly resolution 44/159 of 15 December 19899 in which he was
requested to promote exchanges of views between Governments and those who
provide reliable information to the Special Rapporteur, where the Special
Rapporteur considers that such exchanges of information might be useful”
(para. 7). The Special Rapporteur is willing to assume this task in order to
facilitate constructive co—operation between the parties concerned and to seek
more effective ways of combating the practice of summary or arbitrary
executions.
476. With regard to the advisory services and technical assistance envisaged
in Commission on Human Rights resolution 1989/72 of 8 March 1989, the Special
Rapporteur is willing to explore further how best such programmes and projects
of advisory services and technical assistance could be formulated and proposed
in the context of his mandate. In chapter III, D, above, he has tried to
elaborate the necessary conditions and elements for the effective
implementation of such programmes and projects. He welcomes any suggestions
in this regard.
477. In view of these conclusions, the Special Rapporteur would like to make a
number of recommendations, as follows:
(a) Governments:
(i) Review national laws and regulations, as well as the practice
of the judicial and law enforcement authorities, with a view to
securing effective implementation of the standards set by
Economic and Social Council resolution 1989/65 of 24 May 1989;
(ii) As a matter of priority, take measures to ensure the effective
protection of persons who play key roles in defending human
rights and promoting social justice from death threats and
assassination attempts;
(iii) Include a thorough curriculum of human rights in the training
of all law enforcement and military personnel;
(iv) Establish an office within the Government in order to improve
co—operation with the United Nations and other international
organizations in human rights matters.
(b) International organizations:
(i) Emphasize the importance of the implementation of international
human rights norms and principles as set forth in international
human rights instruments and resolutions, in particular by the
General Assembly and the Economic and Social Council;
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(ii) Organize at the regional and national levels human rights
seminars and training courses, utilizing lhe manual on the
effective prevention and investigation of extra—legal,
arbitrary and summary executions;
(iii) Strengthen the United Nations Centre for Human Rights with a
view to meeting the ever—growing requirements in the monitoring
of human rights protection and advisory services;
(iv) Promote information activities in order to disseminate as
widely as possible the latest achievements in the field of
human rights, so that the international community may be aware
of the ways in which human rights can be protected and promoted.
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Annex
PRINCIPLES ON THE EFFECTIVE PREVENTION AND INVESTIGATION OF
EXTRA—LEGAL, ARBITRARY AND SUNMARY EXECUTIONS
(Adopted by the Economic and Social Council
by its resolution 1989/65 of 24 May 1989)
Prevention
1. Governments shall prohibit by law all extra—legal, arbitrary and summary
executions and shall ensure that any such executions are recognized as
offences under their criminal laws, and are punishable by appropriate
penalties which take into account the seriousness of such offences.
Exceptional circumstances including a state of war or threat of war, internal
political instability or any other public emergency may not be invoked as a
justification of such executions. Such executions shall not be carried out
under any circumstances including, but not limited to, situations of internal
armed conflict, excessive or illegal use of force by a public official or
other person acting in an official capacity or a person acting at the
instigation, or with the consent or acquiescence of such person, and
situations in which deaths occur in custody. This prohibition shall prevail
over decrees issued by governmental authority.
2. In order to prevent extra—legal, arbitrary and summary executions,
Governments shall ensure strict control, including a clear chain of command
over all officials responsible for the apprehension, arrest, detention,
custody and imprisonment as well as those officials authorized by law to use
force and firearms.
3. Governments shall prohibit orders from superior officers or public
authorities authorizing or inciting other persons to carry out any such
extra—legal, arbitrary or sunimnary executions. All persons shall have the
right and the duty to defy such orders. Training of law enforcement officials
shall emphasize the above provisions.
4. Effective protection through judicial or other means shall be guaranteed
to individuals and groups who are in danger of extra—legal, arbitrary or
summary executions, including those who receive death threats.
5. No one shall be involuntarily returned or extradited to a country where
there are substantial grounds for believing that he or she may become a victim
of extra—legal, arbitrary or summary execution in that country.
6. Governments shall ensure that persons deprived of their liberty are held
in officially recognized places of custody, and that accurate information on
their custody and whereabouts, including transfers, is made promptly available
to their relatives and lawyer or other persons of confidence.
7. Qualified inspectors, including medical personnel, or an equivalent
independent authority, shall conduct inspections in places of custody on a
regular basis, and be empowered to undertake unannounced inspections on their
own initiative, with full guarantees of independence in the exercise of this
function. The inspectors shall have unrestricted access to all persons in
such places of custody, as well as to all their records.
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8. Governments shall make every effort to prevent extra—legal, arbitrary and
summary executions through measures such as diplomatic intercession, improved
access of complainants to intergovernmental and judicial bodies, and public
denunciation. Intergovernmental mechanisms shall be used to investigate
reports of any such executions and to take effective action against such
practices. Governments, including those of countries where extra—legal,
arbitrary and summary executions are reasonably suspected to occur, shall
co—operate fully in international investigations on the subject.
Investigation
9. There shall be a thorough, prompt and impartial investigation of all
suspected cases of extra—legal, arbitrary and summary executions, including
cases where complaints by relatives or other reliable reports suggest
unnatural death in the above circumstances. Governments shall maintain
investigative offices and procedures to undertake such inquiries. The purpose
of the investigation shall be to determine the cause, manner and time of
death, the person responsible, and any pattern or practice which may have
brought about that death. It shall include an adequate autopsy, collection
and analysis of all physical and documentary evidence, and statements from
witnesses. The investigation shall distinguish between natural death,
accidental death, suicide and homicide.
10. The investigative authority shall have the power to obtain all the
information necessary to the inquiry. Those persons conducting the
investigation shall have at their disposal all the necessary budgetary and
technical resources for effective investigation. They shall also have the
authority to oblige officials allegedly involved in any such executions to
appear and testify. The seine shall apply to any witness. To this end, they
shall be entitled to issue summons to witnesses, including the officials
allegedly involved, and to demand the production of evidence.
11. In cases in which the established investigative procedures are inadequate
because of lack of expertise or impartiality, because of the importance of the
matter or because of the apparent existence of a pattern of abuse, and in
cases where there are complaints from the family of the victim about these
inadequacies or other substantial reasons, Governments shall pursue
investigations through an independent commission of inquiry or similar
procedure. Members of such a commission shall be chosen for their recognized
impartiality, competence and independence as individuals. In particular, they
shall be independent of any institution, agency or person that may be the
subject of the inquiry. The commission shall have the authority to obtain all
information necessary to the inquiry and shall conduct the inquiry as provided
for under these principles.
12. The body of the deceased person shall not be disposed of until an
adequate autopsy is conducted by a physician, who shall, if possible, be an
expert in forensic pathology. Those conducting the autopsy shall have the
right of access to all investigative data, to the place where the body was
discovered, and to the place where the death is thought to have occurred. If
the body has been buried and it later appears that an investigation is
required, the body shall be promptly and competently exhumed for an autopsy.
If skeletal remains are discovered, they should be carefully exhumed and
studied according to systematic anthropological techniques.
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13. The body of the deceased shall be available to those conducting the
autopsy for a sufficient amount of time to enable a thorough investigation to
be carried out. The autopsy shall, at a minimum, attempt to establish the
identity of the deceased and the cause and manner of death. The time and
place of death shall also be determined to the extent possible. Detailed
colour photographs of the deceased shall be included in the autopsy report in
order to document and support the findings of the investigation. The autopsy
report must describe any and all injuries to the deceased including any
evidence of torture.
14. In order to ensure objective results, those conducting the autopsy must
be able to function impartially and independently of any potentially
implicated persons or organizations of entities.
15. Complainants, witnesses, those conducting the investigation and their
families shall be protected from violence, threats of violence or any other
form of intimidation. Those potentially implicated in extra—legal, arbitrary
or summary executions shall be removed from any position of control or power,
whether direct or indirect, over complainants, witnesses and their families,
as well as over those conducting investigations.
16. Families of the deceased and their legal representatives shall be
informed of, and have access to, any hearing as well as to all information
relevant to the investigation, and shall be entitled to present other
evidence. The family of the deceased shall have the right to insist that a
medical or other qualified representative be present at the autopsy. When the
identity of a deceased person has been determined, a notification of death
shall be posted, and the family or relatives of the deceased immediately
informed. The body of the deceased shall be returned to them upon completion
of the investigation.
17. A written report shall be made within a reasonable period of time on the
methods and findings of such investigations. The report shall be made public
immediately and shall include the scope of the inquiry, procedures and methods
used to evaluate evidence as well as conclusions and recommendations based on
findings of fact and on applicable law, The report shall also describe in
detail specific events that were found to have occurred, and the evidence upon
which such findings were based, and list the names of witnesses who testified,
with the exception of those whose identities have been withheld for their own
protection. The Government shall, within a reasonable period of time, either
reply to the report of the investigation, or indicate the steps to be taken in
response to it.
Legal proceedings
18. Governments shall ensure that persons identified by the investigation as
having participated in extra—legal, arbitrary or summary executions in any
territory under their jurisdiction are brought to justice. Governments shall
either bring such persons to justice or co—operate to extradite any such
persons to other countries wishing to exercise jurisdiction. This principle
shall apply irrespective of who and where the perpetrators or the victims are,
their nationalities or where the offence was committed.
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19. Without prejudice to principle 3 above, an order from a superior officer
or a public authority may not be invoked as a justification for extra—legal,
arbitrary or summary executions. Superiors, officers or other public
officials may be held responsible for acts committed by officials under their
hierarchical authority if they had a reasonable opportunity to prevent such
acts. In no circumstances, including a state of war, siege or other public
emergency, shall blanket immunity from prosecution be granted to any person
allegedly involved in extra—legal, arbitrary or summary executions.
20. The families and dependants of victims of extra—legal, arbitrary or
summary executions shall be entitled to fair and adequate compensation within
a reasonable period of time.
