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CONTENTS
Honduras
India
Indonesia and East Timor
Iran (Islamic Republic of)
Iraq
Israel
Jamaica
Jordan
Kazakhstan
Kenya
Lesotho
Liberia
Malawi
Malaysia
Mexico
Myanmar
Nepal
Nicaragua
Nigeria
Pakistan
Panama
Papua New Guinea
Paraguay
Peru
Philippines
Poland
Romania
Russian Federation
Rwanda
Senegal
Singapore
Spain
Sri Lanka
Swaziland
Tajikistan
Thailand
Togo
Tunisia
Turkey
Turkmenistan
Ukraine
United Arab Emirates
United Kingdom of Great Britain and Northern Ireland
United Republic of Tanzania
United States of America
Uruguay
Venezuela
Viet Nam
Yemen
II. OTHERS
Palestinian Authority
Taliban movement in Afghanistan
Turkish Cypriot community
Honduras
Information received and communications sent
199. The Special Rapporteur transmitted three urgent appeals on behalf of the following persons:
(a) Reina Zelaya and her three daughters, Honduran nationals granted asylum in Costa Rica, having received information that they continued to be subject to harassment and threats, allegedly by members of the Honduran security forces. The threats might be related to the fact that the father of two of Reina Zelaya's daughters, Florencio Caballero, a former member of Honduran Military Intelligence Batallion 3-16, had given evidence during investigations into human rights violations in Honduras (10 January 1997). The Special Rapporteur transmitted the same urgent appeal to the Costa Rican authorities;
(b) Berta Oliva de Nativí, member of the Committee of Relatives of Disappeared Detainees in Honduras (COFADEH), and Liduvina Hernández, President of COFADEH, after they had received death threats. The person responsible for one of the calls said he was acting on behalf of a member of the Honduran armed forces (14 April 1997);
(c) Amadeo Pérez, José Romero and Wisla Pérez and other members of the Tolupan indigenous group, after the killing of Adán Romero and Pedro Ramos by landowners, said to be acting with the acquiescence of the local authorities and the army (27 August 1997).
Communications received
200. The Government informed the Special Rapporteur that in the case of threats against Reina Zelaya and her daughters, the Ministry of Foreign Affairs had initiated proceedings before the appropriate judicial authorities for these to begin hearing statements (22 January 1997). The complaints concerning threats against Berta Oliva de Nativí and Liduvina Hernández had also been reported to the judicial authorities with a view to safeguarding their physical integrity (17 April 1997).
201. With regard to the deaths of Adán Romero and Pedro Ramos, the report enclosed a note by the Department for Ethnic Affairs and the Cultural Heritage, stating that the event had been due to a conflict between two indigenous families over personal problems and ownership of land. Nevertheless, the Criminal Investigation Department, the Department of Ethnic Affairs and the competent courts were continuing with their investigations to shed light on the facts and to bring those responsible to court. (8 September 1997). [back to the contents]
India
Information received and communications sent
202. The Special Rapporteur received numerous reports concerning violations of the right to life in India, including deliberate killings, deaths in custody and deaths as a result of excessive use of force.
203. In this context, the Special Rapporteur's attention was particularly drawn to reports indicating the existence of a pattern of killings in the State of Manipur. Civilians, including women and children, as well as suspected members of armed opposition groups are reportedly killed by members of the armed forces, many of them allegedly deliberately and arbitrarily. The Armed Forces (Special Powers) Act of 1958 reportedly gives them widespread powers to shoot to kill and protects them from prosecution for any acts carried out under its provisions. The situation is further aggravated by the restrictions placed on access to the region by the Government. The result of this policy is a climate in which security forces are able to use excessive force with impunity.
204. Regarding custodial deaths, it was brought to the Special Rapporteur's attention that the National Human Rights Commission stated on 16 September 1996 that 444 deaths in custody were reported throughout India between April 1995 and March 1996, almost triple the number of custodial deaths reported over the same period in 1994/95. The National Human Rights Commission reportedly attributed this increase to "a greater honesty in reporting incidents". It was also reported that the National Human Rights Commission frequently recommended payment of compensation to the victims' families in cases of State abuse, but that such recommendations are not binding.
205. During the period under review the Special Rapporteur sent urgent appeals on behalf of:
(a) Three human rights defenders, after fears for their lives had been expressed: T. Puroshotham, a lawyer and joint secretary of the Andhra Pradesh Civil Liberties Committee, after he had been attacked in front of a police station and seriously injured, reportedly by members of the "Green Tigers", a group allegedly set up by the Andhra Pradesh government in concert with the police to counter the activities of human rights defenders who have exposed human rights violations (13 June 1997). This urgent appeal was sent together with the Special Rapporteur on the independence of judges and lawyers; Ghulam Muhammad Bhat, philanthropist and human rights activist, first abducted in May 1997 by Indian para-military troops and subsequently released due to the intercession of the Secretary-General of the United Nations and pressure exerted by international human rights organizations, and then again abducted on 28 July 1997 by soldiers of the Indian army (5 August 1997); Firdous Asime, Director of the Institute of Kashmir Studies, who attended the forty-ninth session of the Sub-Commission on Prevention of Discrimination and Protection of Minorities in Geneva in 1997. Fears for his life had been expressed since his colleague, Jalil Andrabi, who attended the Sub-Commission in 1995, had reportedly been killed in custody in 1996 and since Ghulam Muhammad Bhat, who also attended the Sub-Commission in 1995, was detained (22 August 1997);
(b) Amarjit Singh Sohal, Rattan Singh and Sarpanch Raghvir Singh, three witnesses in the case of Sarwan Singh, reportedly threatened by members of the police after they had filed affidavits indicating that Sarwan Singh had been tortured in custody (13 January 1997);
(c) Civilians and those suspected to be members of armed opposition groups, in particular in Agartala and Khowai subdivisions of the State of Tripura, after the government of Tripura reportedly issued a statement on 16 February 1997, in the aftermath of killings committed by members of the All Tripura Tiger Force, empowering the armed forces, including the Central Reserve Police Force and the Border Security Force, "to fire upon or otherwise use force even to the causing of death, after due warning of any person acting in contravention of the law or any order in force prohibiting the assembly of five or more persons or carrying of weapons". Fears had been expressed that the official sanction to shoot to kill would lead to excessive use of force by security forces (19 February 1997);
(d) Gantela Vijaya Vardhana Rao and Satuluri Chalapathi Rao, allegedly not represented by a lawyer during pre-trial proceedings and reportedly scheduled to be executed on 18 December 1996 (17 December 1996).
206. The Special Rapporteur also transmitted to the Government the following allegations:
(a) Regarding deaths in custody: Mushtaq Ahmad Lone, who reportedly died in custody on 28 December 1996 after his arrest earlier that day in Soura, Srinagar, by members of the security forces; Piara Singh, who was reported to have died in police custody on 1 August 1995 following his arrest the previous day by members of Sangrur and Mahil Kalan police station to be questioned in connection with a murder investigation; Neikhokim Haokip, Suonkholal Haokip, Ngamminlein Haokip, Satlal, Haokhthang Singson, Sephu Kipgen, Lalpi Kipgen, Minthang Kipgen and Tongmithang Kipgen, reportedly arrested and subsequently killed by members of the Rashtriya Rifles of the Indian Army;
(b) Regarding violations of the right to life as a result of excessive use of force: Shabbir Siddiqui and 22 unidentified members of the Jammu and Kashmir Liberation Front (JKLF), including two minors, reportedly killed on 30 March 1996 by members of the Special Operations Group of the police supported by members of the Border Security Force and the Central Reserve Police Force in a raid on the JKLF's office in Srinagar; Thokchom Netaji, aged 15, reportedly killed on 28 December 1996 by two members of the Rapid Action Police Force of Manipur while they were pursuing two other persons; Oinam Ongbi Amina Devi, female, reportedly killed on 3 May 1996 when members of the security forces, allegedly without any warning, opened fire on her house in Naorem Mayai Leikai, Bishnupur district, Manipur, after a person they had been pursuing fled towards it; Thokchom Imocha Singh, Ningombam Babuni Singh and Sapam Ibocha Singh, reportedly killed on 19 February 1995 in Bashikhong, Manipur, by members of the Central Reserve Police Force who started firing indiscriminately; Aheibam Raghumani, reportedly killed on 14 August 1995 in Eroisemba, Imphal district, Manipur, by members of the Manipur Rifles, allegedly because he did not stop when ordered to halt;
(c) Regarding deliberate killings by security forces of the State: Saikhom Premchand Singh, Angom Devendro Singh, Toijiam Radhebai alias Rajendra Singh, Wangkhem Open Singh, Hijan Khogen Singh alias Boy, Rajkumar Khogen Singh, Zakir Hussein, Momi Riba and Laimayum Pradeep Kumar Sharma, reportedly shot and killed on 7 January 1995 in Manipur by members of the security forces after the latter had been fired at by four youths who subsequently escaped; Irom Ongbi Roma Devi, reportedly shot dead on 19 September 1995 by members of the Central Reserve Police Force in Pungdongbam Makha Leikai, Imphal district, Manipur; Sapam Naotum, reportedly killed on 11 November 1995 by members of the Rapid Action Police Force of the Manipur police when he was travelling on the Uripok-Kanchup road; S. Paisho and Kumar Nepali alias Parshuram Karki, reportedly deliberately shot dead on 11 March 1996 by members of the Assam Rifles stationed at Pol Camp after they had come to reinforce an army post at Huishu, Ukhrul district, Manipur; Ghulam Rasool Sheikh, a human rights defender and editor, whose body was reportedly found near Pampore after he had allegedly been abducted on 20 March 1996 by so-called renegades accompanied by members of the armed forces; Kehtrumayum Ongbi Prabhahmi Devi, reportedly killed on 3 May 1996 during a raid by the Assam Rifles on a complex of houses in Kwakeithel Haorakchambi Soibam Leikai, Imphal district, Manipur, after the latter had allegedly received information that several members of an armed opposition group were taking shelter there; four unidentified persons allegedly killed by members of the armed forces on the outskirts of Srinagar on 24 May 1996; Khutinlei Kom, reportedly killed on 28 August 1996 by members of the Central Reserve Police Force which was allegedly conducting a search operation in Sagang village, Churachandpur district, Manipur, following an attack on a CPRF post by an armed opposition group; Mohamad Soleiman, reportedly severely beaten and then shot dead by members of the security forces on 30 August 1996 in Kwakta, Bishnupur district, Manipur; Mayanglambam Ibotombi and Thondam Muhindro, two forest officers reportedly shot dead on 26 December 1996 at Keirak Thoubal district, Manipur, by members of a combined team of state police and Indian reserve battalion forces under the command of the Manipur police. The victims had reportedly been mistaken for members of an armed opposition group; Jagsir Singh, reportedly beaten to death on 28 May 1997 in the streets of Bilaspur, Faridkot, by four police officers under the direction of Nihal Singhwal police station.
Communications received
207. The Government acknowledged receipt of the urgent appeal sent on behalf of Amarjit Singh Sohal, Rattan Singh and Sarpanch Raghvir Singh (17 January 1997).
208. The Government also provided a response to the urgent appeal sent by the Special Rapporteur together with the Special Rapporteur on the independence of judges and lawyers on behalf of T. Purushottam, a lawyer based in Andhra Pradesh. In its reply, the Government indicated that T. Purushottam was attacked by unknown individuals, that the case is being investigated and that the Government of India is committed to ensuring that lawyers are able to perform all their professional functions without harassment and to safeguarding adequately the security of lawyers (9 October 1997).
209. Furthermore, the Special Rapporteur received information in response to his urgent appeal sent on 19 February 1997 on behalf of civilians and those suspected to be members of armed opposition groups, in particular in Agartala and Khowai subdivisions of the State of Tripura. He was informed that the large-scale killing of civilians and burning down of their huts since November/December 1996 by militant groups such as the All Tripura Tiger Force and the National Liberation Front of Tripura, created a situation which requires the Government to declare the worst affected areas as "disturbed areas" under the provisions of the Disturbed Areas Act and the Armed Forces (Special Powers) Act so as to restore faith in democratic order and the rule of law and to prevent further loss of life. The Government explained that these measures cannot be interpreted as "shoot to kill" orders and that sufficient checks and balances are present in the legislation to ensure that there is no abuse of authority. The Government also indicated that officers remain bound by all instructions and guidelines issued by the Government regarding the use of force and that special powers can be exercised only in specific circumstances enumerated in the Armed Forces (Special Powers) Act (28 October 1997).
Follow-up
210. In his follow-up communication, the Special Rapporteur requested further clarification with regard to a report he had received which indicated that it had been reported that 444 persons had died in custody throughout India between April 1995 and March 1996. In particular, he asked how many of the deaths in custody had been investigated, how many had led to criminal proceedings against State officials, the results of such proceedings, as well as whether compensation had been paid. He also requested to be informed whether the number of deaths in custody had led to any review of the conduct of law enforcement officials so as to further strengthen respect for the provisions of the Code of Conduct for Law Enforcement Officials.
Observations
211. The Special Rapporteur is concerned at the considerable number of allegations received regarding deliberate killings and deaths due to excessive use of force, especially in the State of Manipur, as well as deaths in custody. The Special Rapporteur calls upon the Government to investigate allegations regarding violations of the right to life, to bring perpetrators to justice and to compensate the families of the victims. He also urges the Government to ensure that force used by the security forces is, at all times, in accordance with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
212. The Special Rapporteur is constrained to conclude that no substantial progress has been made since 1993 with regard to a proposed visit to India. The Special Rapporteur considers an in situ visit to be of great importance in view of persistent allegations of deaths in custody, excessive use of force, impunity and failure to take preventive measures. [back to the contents]
Indonesia and East Timor
Information received and communications sent
213. The Special Rapporteur received reports indicating that violations of the right to life continued to occur in East Timor as a result of excessive use of force by police and security forces. For an in-depth analysis of the human rights situation in East Timor, reference is made to the report of the Secretary-General on the situation of human rights in East Timor to the Commission on Human Rights at its fifty-fourth session (E/CN.4/1998/58).
214. The Special Rapporteur transmitted allegations regarding violations of the right to life of the following persons:
(a) Reportedly killed by members of the armed forces: Maumesak, aged 17, Filomeno Ailos, Antonio Malea and Norberto, on 29 October 1996 in Ailete; Manuel Atimeta, on 9 November 1996 between Waihulae and Waguia, Ossu; Monica Guterres, on 9 January 1996 between Liaruca and Ossu; Tomas Sarmento, on 25 September 1996 in Barolau, Manufahi, Same; Fernando Bom, on 30 September 1996 in Soibada; Zeferino Mascarenhas and Marcel Nunes, on 3 October 1996 at Mota Merao, Liaruca; Rui de Jesus, Aniceto and Miguel, on 7 December 1996 in Lepo Bobonaro, Suai; Januario Quintao and Francisco, on 16 June 1997 in Dili; Fernando Lopez, on 8 February 1997 in Beto Barat-Comoro, Dili;
(b) Reportedly killed by members of the police: Andre de Sousa, on 28 April 1996 in Comoro, Dili; Marcos Soares, on 11 June 1996 in Venilale;
(c) Reportedly killed by members of the special armed forces: Jacinto de Sousa Pandal and Luis Xemenes Belo, on 18 September 1996 in the area of Akadira Loibere; David Alex, on 25 June 1997 in Bacau;
(d) Mariano Mendonca, reportedly killed on 4 November 1996 in Berelico, Faturaca, Remexio by a member of the Indonesian Intelligence Service.
215. Furthermore, the Special Rapporteur transmitted to the Government the alleged violation of the right to life of Manuel Soares which occurred in Tanah Abang, Central Jakarta. Manuel Soares, who had reportedly been recruited by the Tiara Foundation - an organization allegedly linked to the military which was reported to recruit hundreds of young East Timorese - was reportedly shot and killed by police.
Communications received
216. The Government provided the Special Rapporteur with a reply to many of the allegations transmitted during 1997, informing the Special Rapporteur that:
(a) The following persons were killed by members of a group or groups seeking to disturb the security and peace in East Timor: Jacinto de Sousa Pandal, Luis Xemenes Belo, Maumesak, Filomeno Ailos, Antonio Malea, Norberto, Manuel Atimeta, Monica Guterres, Zeferino Mascarenhas, Marcel Nunes, Rui de Jesus, Aniceto and Miguel;
(b) The following names either belong to no one or else cannot be found in the areas mentioned: Marcos Soares, Tomas Sarmento, Fernando Bom and Mariano Mendonca.
217. With regard to the case of Andre de Sousa, the Government indicated that he was wrongly killed by a member of the Mobile Police Brigade, and that the latter was tried and found guilty of murder.
218. Regarding the case of Manuel Soares, the Special Rapporteur was informed that he was a notorious gang leader who was killed on 7 June 1996 in Tanah Abang in a rift with another gang (September 1997).
Observations
219. The Special Rapporteur thanks the Government of Indonesia for the reply provided. With regard to the request of the Government to submit its reply in its entirety to the Commission on Human Rights, the Special Rapporteur should like to note that due to the severe limitations which continued to be placed on the length of his report to the Commission on Human Rights, requests of this nature cannot be acceded to.
220. The Special Rapporteur also wishes to express his concern over the number of killings occurring in East Timor. He notes with deep regret that, despite repeated requests, the Government did not provide him with a reaction to the recommendations made upon his visit to Indonesia and East Timor in 1994 (see E/CN.4/1995/61/Add.1, paras. 77-88). [back to the contents]
Iran (Islamic Republic of)
Information received and communications sent
221. The Special Rapporteur was informed that between January and September 1997, 137 persons had been executed in Iran, a pace which, if continued until the end of the year, would allegedly again lead to a doubling of the number of executions as compared with the previous year. At the same time, the Special Rapporteur continued to receive reports regarding the imposition of the death penalty on minors as well as for crimes which cannot be considered to be "most serious". Furthermore, the Special Rapporteur continued to receive distressing reports concerning and the lack of procedural safeguards in trials before Islamic Revolutionary Courts leading to the imposition of the death penalty.
222. For an in-depth analysis of the situation of human rights in Iran, the Special Rapporteur refers to the reports of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran (A/52/472 and E/CN.4/1998/59).
223. During the period under review, the Special Rapporteur transmitted urgent appeals on behalf of the following persons:
(a) Dhabihullah Mahrami and Musa Talibi, reportedly sentenced to death for apostasy. According to the information received, they were both sentenced to death because of their religious beliefs, in particular because of their adherence to the Baha'i faith, a minority not recognized in Iran (3 February 1997);
(b) Somayeh Shabazinia and Shahrokh Vosugh, reportedly both aged 16 and sentenced to death for murder (3 March 1997);
(c) Mohammad Assadi, reportedly sentenced to death and confiscation of property at the beginning of March 1997 on charges of, inter alia, an alleged trip to Israel in 1979, membership of the Freemasons and purchases of American agricultural material more than 17 years ago. It was brought to the Special Rapporteur's attention that his trial was unfair, in particular, that the court appointed a lawyer for him after his choice of a lawyer was rejected by the court (4 April 1997). The Special Rapporteur appealed once again to the Government on his behalf after his death sentence had been confirmed by the Supreme Court of Iran (9 June 1997);
(d) Faraj Sarkouhi, writer and editor-in-chief of the monthly Adineh and signatory to the 1994 declaration of 134 writers, an appeal for an end to censorship in Iran. According to the information received, Faraj Sarkouhi was arrested on 27 January 1997 after being held incommunicado for several weeks in November 1996. He was reported to have been tried in a closed trial on a variety of charges, allegedly including espionage, which reportedly carries a mandatory death sentence. It was further alleged that he was not permitted to appoint a lawyer. In addition, according to some sources, a death sentence has already been pronounced. This urgent appeal was transmitted together with the Special Rapporteurs on the situation of human rights in the Islamic Republic of Iran, on the right to freedom of opinion and expression, and on the independence of judges and lawyers (2 July 1997);
(e) Hossein Dowlatkhah, who was reportedly charged with swindling, corruption and embezzlement, reportedly sentenced to death on 18 June 1997 (14 July 1997).
224. In addition, the Special Rapporteur transmitted allegations of violations of the right to life of the following persons:
(a) Mohammad Bagher Yusefi, a Christian pastor of the Assemblies of God Churches in Mazandaran, reportedly found dead in a forest near Sari, Mazandaran, on 28 September 1996. According to the information received, he was killed by Iranian State agents because he converted from Islam to Christianity;
(b) Ebrahim Zalzadeh, journalist, editor of the monthly magazine Me'yar and manager of the Ebtekar publishing house, reportedly killed by officials of the Ministry of Information. According to the information received, he had disappeared on 23 February 1997 and on 27 March his family was reportedly contacted to collect his body at the Tehran morgue. It was further brought to the Special Rapporteur's attention that Me'yar magazine had been forced to close after it published an article criticizing the Government;
(c) Ahmad Mirala'i, a journalist reportedly found dead in Isfahan, allegedly after having been questioned by security officials;
(d) Ghahreman Habibi, Khdidjeh Mahammadi (female), Bezrouz Avague, Rahman Yaghini, Ali Bed'ati, Fariba Sadegh-Hagh and 21 unidentified persons, reportedly killed in the course of a demonstration in Bonab, East Azerbaijan province. It was alleged that upon arrival the special anti-riot forces immediately opened fire on the demonstrators, killing 27 and wounding at least 80 persons.
Communications received
225. The Government provided a reply to the case of Bagher Yusefi, informing the Special Rapporteur that he had committed suicide. In regard to the case of Ahmad Mir Alaee, the Special Rapporteur was informed that the doctors who conducted the autopsy concluded that he had died of heart failure (12 June 1997).
226. In response to the joint urgent appeal sent on behalf of Faraj Sarkouhi, the Government reported that he was arrested on charges of espionage and attempting to leave the country illegally, that he was neither tried nor convicted, and that he enjoyed all legal rights in conformity with due process of law, including the right to a fair trial and the right to a defence lawyer (16 July 1997).
Observations
227. The Special Rapporteur is gravely concerned at the allegations brought to his attention concerning the imposition of the death penalty in contravention of international norms, including the imposition of the death penalty on minors and for crimes which cannot be considered to be "most serious", as well as in breach of the right to a fair trial. The Special Rapporteur is appalled at the imposition of the death penalty for acts such as holding an opinion or manifesting one's religion or beliefs, rights protected under the International Covenant on Civil and Political Rights ratified by the Islamic Republic of Iran. The Special Rapporteur calls on the Government to respect the International Covenant on Civil and Political Rights as well as all international norms relating to the death penalty. [back to the contents]
Iraq
Information received and communications sent
228. The Special Rapporteur addressed an urgent appeal to the Government of Iraq on behalf of 519 children, 245 women and 750 men in the town of Zakho which is in the hands of the Iraqi opposition, requesting the authorities to ensure effective protection of the right to life and physical integrity of these persons. Fears for their lives had been expressed when two alleged members of the Shi'a opposition, Ahmed Muhi Ahmed and Kutaiba Al-Nakib, were reported to have been killed on 9 November 1996 by members of the Iraqi secret service in the town of Duhok. In this context, it was also reported that hundreds of persons, including many members of opposition parties, were killed when security forces entered northern Iraq in September 1996 (12 December 1996).
229. Further to this communication, the Special Rapporteur again sent an urgent appeal to the Government on behalf of the members of the Iraqi opposition in the town of Zakho, then estimated to stand at more than 3,500 persons, when it was brought to his attention that Riyadh Said Bakr had been killed in Zakho by government agents on 14 January 1997. In this appeal, the Special Rapporteur reiterated his concerns and requests as expressed in his urgent appeal of 12 December 1996 (17 January 1997).
230. The Special Rapporteur also sent an urgent appeal on behalf of Humaid Hatef Hamza, Mardan Suwadi Shadhan Muhawish, 'Ali Hussain 'Askar Jabbar, Haidar Muhammad Ni'ma Majhul, Ghali Muhammad Safi 'Abdullah and 'Athra' Subhi Naiyef Saleh (female), who were reportedly sentenced to death on 22 July 1997 by a special court of the Ministry of Interior for being involved in organized prostitution and smuggling alcohol into Saudi Arabia. Trial proceedings of such special courts were reported to fall short of international standards for a fair trial with lawyers being court appointed, trial sessions held in camera and sentences pre-determined. Moreover, sentences issued by such courts can reportedly not be appealed (9 October 1997).
231. Furthermore, the Special Rapporteur sent the Government a copy of a report alleging the violation of the right to life of Hamed Rahmani, a member of the Mujahedeen Khalq of Iran, who was reportedly killed on 7 March 1996 in Baghdad by Iranian agents. This allegation was also transmitted to the Government of the Islamic Republic of Iran.
232. For an in-depth analysis of the situation of human rights in the country, the Special Rapporteur refers to the reports of the Special Rapporteur on the situation of human rights in Iraq submitted to the General Assembly at its fifty-second session (A/52/476) and to the Commission on Human Rights at its fifty-fourth session (E/CN.4/1998/67).
Communications received
233. The Special Rapporteur received replies from the Government of Iraq in response to the two urgent appeals sent on behalf of members of the opposition in the town of Zakho. In response to the appeal sent on 12 December 1997, the Special Rapporteur was informed that the allegations regarding the execution of Ahmad Mahdi Ahmad and Qutaibi al-Naqib were not true, since no agency of the State was present in any of the northern Iraqi governorates which are under the control of armed Kurdish factions. The Government also indicated that no information was available on the persons living in the town of Zakho, an area outside the control of the central Government. With regard to the allegations concerning the killing of hundreds of persons belonging to the opposition in September 1996, the Government explained that security forces had entered northern Iraq to provide support at the request of one of the principal Kurdish parties and that it was a limited action which did not lead to any noteworthy casualties (28 April 1997).
234. In response to the urgent appeal of 17 January 1997, the Government informed the Special Rapporteur that it had no information concerning Riyadh Said Bakr (20 May 1997). [back to the contents]
Israel
Information received and communications sent
235. By way of exception, as these allegations had come to the light only in 1996, the Special Rapporteur transmitted the alleged violations of the right to life of Subhi Abu Jamea and Majdi Abu Jamea, aged 17 and 20 respectively, on 13 April 1984 in the Gaza Strip. It was brought to the Special Rapporteur's attention that Subhi Abu Jamea and Majdi Abu Jamea, responsible for the hijacking of a bus, were reportedly killed after being taken into custody by members of Shabak, the Israeli security services, upon an order given by the head of Shabak. At the time, Israeli authorities had reportedly announced that the two had died as a result of injuries sustained in beatings by Israeli security forces and hostages following their surrender.
Communications received
236. The Government provided a reply to several cases transmitted during 1996. With regard to the case of Abd-Al-Nabi Quanaze, who reportedly died in Keziot Military Detention Centre after having been tortured by other detainees, the Government informed the Special Rapporteur that there was no reason to take measures against the army officers involved because the activities of the various persons in charge of local security and guarding prisoners had proved to be beyond reproach. Regarding the case of Muhammad Mousa Abu Shaqra, who reportedly died as a result of torture by other inmates in Keziot Military Detention Centre, the Special Rapporteur was informed that the activities of the persons in charge of the prison were found to be beyond reproach and the file was closed as police investigations could not ascertain the person directly responsible for the murder. With regard to the cases of 'Abd Al-Rahman Al-Kilani and 'Adel 'Ayad Yusef Al-Shehetit, who reportedly died in Megiddo Military Detention Centre, the Government affirmed that they were killed by fellow prisoners and that no fault has been found with the actions of the detention facility staff.
237. In regard to these cases, the Special Rapporteur was further informed that prisoners threatened by other prisoners are usually separated but that tighter security would require 24-hour surveillance by soldiers in the detention facilities, which was counter to the interest of allowing prisoners to conduct autonomous lives in the facility (11 February 1997).
Observations
238. The Special Rapporteur is concerned at the deaths which occurred in custody as a result of violent acts committed by fellow prisoners which remained apparently unnoticed by the persons in charge of the security in the detention centres. He is even more concerned that no persons were found to be responsible as no faults were found with the actions of the staff.
239. In this context, the Special Rapporteur should like to note that staff of detention facilities have the duty to protect the right to life of detainees. In accordance with rule 27 of the Standard Minimum Rules for the Treatment of Prisoners "(d)iscipline and order shall be maintained with firmness, but with no more restriction than is necessary for safe custody and well-ordered community life". Further, the right of detained persons to be treated with humanity and with respect for the inherent dignity for the human person cannot be understood to include allowing prisoners to conduct "autonomous lives in detention facilities" to the extent that crimes can be committed with impunity within the prison. [back to the contents]
Jamaica
Information received and communications sent
240. The Special Rapporteur sent an urgent appeal to the Government of Jamaica after he was informed that the Government had announced its withdrawal from the Optional Protocol to the International Covenant on Civil and Political Rights, which allows individuals who claim that their rights under the Covenant have been violated to petition the Human Rights Committee. It was brought to the Special Rapporteur's attention that the reason for this decision was related to the 1993 ruling of the Judicial Committee of the Privy Council (JCPC) in the case of Earl Pratt and Ivan Morgan, according to which the execution of prisoners who have been on death row for more than five years constitutes inhuman or degrading treatment or punishment. The Government of Jamaica was reported to be facing a situation in which the death sentence could de facto not be executed, individuals only being allowed to appeal to the Human Rights Committee once domestic remedies had been exhausted and practice showing that the Committee needs between six months and two years to give its views.
241. In his appeal, the Special Rapporteur expressed his deep regret at the decision by the Government and pointed out that by withdrawing from the Optional Protocol, the Government would withhold one additional appeal option from all persons under its jurisdiction claiming to be victims of violations of any rights set forth in the International Covenant on Civil and Political Rights. The Special Rapporteur noted that he was particularly concerned because, with respect to a considerable number of communications filed by persons sentenced to death in Jamaica, the Human Rights Committee had adopted the view that article 14, the right to a fair trial, had been violated. He brought to the Government's attention that the imposition of a death penalty on a person whose right to a fair trial has been violated constitutes a violation of his right to life and of article 6 of the International Covenant on Civil and Political Rights. He also recalled that the Commission on Human Rights, in its resolution 1997/12, called upon all States that had not yet abolished the death penalty to comply fully with their international obligations and to consider suspending executions, with a view to completely abolishing the death penalty. The Special Rapporteur requested the Government to consider finding a solution more compatible with its international obligations to protect the right to life and, in this respect, to reconsider its decision to withdraw from the Optional Protocol. [back to the contents]
Jordan
Information received and communications sent
242. The Special Rapporteur sent an urgent appeal on behalf of Montasser Rajab Abu-Zaid, who was reportedly sentenced to death on the basis of a confession obtained while he was held in preventive detention, during which period he was allegedly beaten and deprived of sleep. According to the information received, the court did not order an investigation into these allegations. On 2 March 1997 the death sentence was reportedly confirmed by the Court of Cassation (24 March 1997). [back to the contents]
Kazakhstan
Information received and communications sent
243. The Special Rapporteur sent an urgent appeal on behalf of Oleg Gorozashvili, who was reportedly facing imminent execution. According to the information brought to the Special Rapporteur's attention, Oleg Gorozashvili was questioned without the presence of a defence lawyer and was forced to confess to committing a second murder. It was also reported that members of the Clemency Committee revealed that they had not had access to information concerning the alleged violation of judicial procedure in this case (29 January 1997). [back to the contents]
Kenya
Information received and communications sent
244. It has been brought to the Special Rapporteur's attention that the Kenyan Human Rights Commission in its quarterly report on the period October to December 1996 stated that 632 persons had died in 1996 in Kenya because of acts of "omission or commission" by the Government, including 180 persons killed by bandits, whom the Commission said the Government has done little to combat, 95 were killed by mobs and 130 were killed by security forces. In respect to those killings alleged to have been committed by the security forces, the Commission reportedly stated that only 12 police officers had been charged and only 2 had been convicted.
245. The Special Rapporteur also continued to receive reports concerning the high number of death occurring in Kenyan prisons. The majority of deaths reportedly resulted from widespread illnesses due to unsanitary conditions, lack of food, lack of sunlight and torture.
246. Furthermore, the Special Rapporteur continued to receive reports of deaths in custody or detention as a result of ill-treatment or torture. In this respect, allegations were transmitted to the Government in regard of the following four persons: Henry Mutua M'Aritho, who reportedly died in custody as a result of torture on 5 May 1996, three days after his arrest by administrative policemen in Nyambene district; Amodoi Achakar Anamilem, who reportedly died on 8 July 1996 in Lokichar, Turkana district, as a result of torture in police custody; Amodoi Lomurodo, who reportedly died on 5 May 1997 while in custody at the Lokichoggio police station allegedly as a result of torture; an unidentified person who was reportedly beaten to death by a warder of Kericho Annex prison after an escape attempt.
247. The Special Rapporteur also transmitted an allegation regarding S.K. Ndungi, a lawyer who was allegedly shot dead by members of the police on 22 April 1997 in Nairobi because, in connection with his work on the case of an armed robbery of the Standard Chartered Bank, he had accused police officials of having kept part of the recovered money for themselves.
Communications received
248. The Special Rapporteur received a reply to the allegations he had transmitted regarding Henry Mutua M'Aritho and Amodoi Achakar Anamilem. In regard to the former, the Special Rapporteur was informed that the responsible police officer had been arrested and charged with murder and that the case would be heard in June 1997. In regard to the case of Amodoi Achakar Anamilem, the Government confirmed that no post mortem investigation could be performed because by the time a doctor was available, the body had decomposed badly, the Lodwar District Hospital mortuary having no refrigeration facilities. The Special Rapporteur was also informed that the Provincial State Counsel at Eldoret had returned the inquest file to the District Criminal Investigation Officer in Lodwar, acknowledging the difficulty of establishing the cause of death in view of the situation and recommending that the file be closed unless tangible evidence incriminating somebody could be presented (6 June 1997).
Observations
249. The Special Rapporteur thanks the Government for the reply provided. In view of the fact that the allegations received by him were very similar to those of previous years, the Special Rapporteur wishes to reiterate his concern regarding the large number of deaths in custody. He once again urges the Government to take all the necessary measures to avoid further deaths in custody and to ensure that prison conditions conform to the norms enshrined in the Standard Minimum Rules for the Treatment of Prisoners, in particular regarding living conditions and medical services.
250. The Special Rapporteur is most concerned about the alleged killing of a lawyer by members of the police and expresses the hope that the perpetrators will be brought to justice.
251. Finally, the Special Rapporteur is concerned by the high number of mob killings of which he is aware and calls upon the Government to take every measure to prevent such crimes, to investigate them promptly, bring the perpetrators to justice and provide compensation to the victims' families. [back to the contents]
Lesotho
Information received and communications sent
252. The Special Rapporteur transmitted an allegation to the Government concerning Manti Mosala, Eric Ramatsi Mosala, Thathuoe Skozana Nqatso, Thabang Kobeli and Moeketsi Motuba who had reportedly been killed by members of the police on 14 December 1996 when they stormed a workers' camp at Butha-Buthe in the context of a prolonged labour dispute at the Lesotho Highlands Water Project. According to the information brought to the attention of the Special Rapporteur, police employed excessive force, using tear gas and live ammunition to disperse the workers. Police reportedly continued firing as workers fled the scene.
Observations
253. The Special Rapporteur calls on the Government to ensure that the force used by security forces is, at all times, in accordance with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. [back to the contents]
Liberia
Observations
254. The Special Rapporteur welcomes the successful completion of the peace process in Liberia. He regrets, however, that those responsible for human rights violations have not yet been held accountable. The Special Rapporteur notes the importance of truth and justice in the consolidation of peace. [back to the contents]
Malawi
Information received and communications sent
255. The Special Rapporteur sent one urgent appeal to the Government of Malawi after he had received information according to which preparations were under way to forcibly return around 765 Rwandese refugees and around 470 refugees from the Democratic Republic of the Congo to their respective country. According to the reports received, despite the fact that the repatriation of the refugees was to be voluntary, the Dzaleka camp, where most of these refugees were living, had been surrounded by Malawian police and roadblocks had been erected to prevent refugees from leaving. It was also reported that refugees who tried to flee in order to escape repatriation had been brought back to the camp forcibly by Malawian police (21 August 1997).
256. The Special Rapporteur also transmitted to the Government an allegation regarding the death in custody of 17 persons who reportedly died in the night of 5 to 6 March 1996 in Lilongwe police station as a result of asphyxiation caused by overcrowding. Investigations were reported to have been promptly initiated.
Communications received
257. In response to the urgent appeal of 21 August 1997, the Government acknowledged receipt and observed that no decision by the Government of Malawi would be taken without adequate consultations with the Office of the United Nations High Commissioner for Refugees (22 August 1997). Consequently, the Government provided a reply to the Special Rapporteur, attaching a UNHCR press release which stated that at no point did the Government of Malawi abandon the voluntary nature of the repatriation exercise. The Special Rapporteur was also informed that, due to a communication breakdown, security personnel had turned up at the refugee camp and, even though they did not interact, had created a general panic in which hundreds of refugees ran away, many of whom have not returned since (13 October 1997).
Observations
258. The Special Rapporteur wishes to thank the Government for the replies provided. The Special Rapporteur welcomes the Government's policy on refugee matters, in particular its cooperation with UNHCR. He further hopes that he will be informed of the outcome of investigations conducted into the deaths in custody which occurred in Lilongwe police station. [back to the contents]
Malaysia
Information received and communications sent
259. The Special Rapporteur sent one urgent appeal on behalf of Chu Tak Fai who had reportedly been sentenced to death by the Alor Star High Court on 11 October 1994 for trafficking 2.1 kg of heroin and was reportedly facing imminent execution after the rejection of his appeal on 16 April 1997 by the Court of Appeal in Kuala Lumpur. It was brought to the Special Rapporteur's attention that, according to the Dangerous Drugs Act, any person found in possession of at least 15 grams of heroin is presumed to be trafficking in the drug, unless the contrary can be proven. The Special Rapporteur expressed his opinion that this partial shift of the burden of proof to the accused does not provide sufficient guarantees for the presumption of innocence and may thus lead to violations of the right to life, in particular since the crime of drug trafficking carries a mandatory death sentence (14 May 1997). [back to the contents]
Mexico
Information received and communications sent
260. As in the previous year, the Special Rapporteur has continued to receive reports of harassment, death threats and intimidation against human rights activists, leaders of indigenous organizations, members of political parties, particularly the Democratic Revolutionary Party (PRD), and members of religious communities. According to several sources, the authorities acquiesced in these acts. Cases of threats or intimidation of peasants within the context of anti-guerrilla operations were also reported, particularly in the Sierra Madre region of Chiapas, in the municipalities of Angel Albino Corzo and La Concordia. There were also reports of deaths caused by mobs.
261. The Special Rapporteur sent five urgent appeals, calling upon the authorities to take all necessary measures to protect the lives and ensure the safety of the following persons, who had allegedly received death threats from members of the police and/or security forces unless otherwise stated:
(a) Members and leaders of the Southern Sierra Peasants' Organization (OCSS), following the killing of Gerardo Hurtado Arias, the OCSS leader, by paramilitaries in Tepetixla, State of Guerrero (28 April 1997);
(b) Dr. Gerardo González Figueroa, President of the Coordinating Office of Non-Governmental Organizations for Peace (CONPAZ), in San Cristóbal de las Casas, Chiapas, and other members of the organization, after they had received a series of anonymous death threats by telephone. The threats were apparently motivated by a statement by CONPAZ against the expulsion of international human rights monitors from Mexico (12 May 1997). The Special Rapporteur sent a second urgent appeal on Dr. González Figueroa's behalf after being informed that he had received another telephone call threatening to kill one of his daughters (10 June 1997);
(c) The young children of the Martínez Vargas family, who had witnessed the killing of Silvano Martínez Salinas, Oliva Vargas Carro, Mario Martínez Vargas, aged 14, and María Carro Jiménez, in the village of Emiliano Zapata de Río Grande, municipality of Tututepec, Oaxaca, by two individuals with alleged ties to the local authorities. The victims were members of the PRD (10 June 1997);
(d) María Eugenia Cazares and her family, who had been threatened and intimidated by alleged members of the Judicial Police of Durango, State of Durango. The threats were reportedly motivated by the complaint lodged regarding the rape of her 16-year-old daughter. Upon going to the police station to file the complaint, they had allegedly been detained, threatened and insulted by police officers. One of the accused was reported to be the son of a local leader of the Institutional Revolutionary Party (PRI). The girl subsequently committed suicide (27 August 1997).
262. The Special Rapporteur has also sent the Government the allegations he received concerning violations of the right to life of the following persons:
(a) Killed by mobs: Enrique Ocampo, Eucario Jiménez Ocampo and Horlando Mendoza Ojeda, who were lynched in Río Chiquito on 1 January 1996 because they were believed to be responsible for the death of a resident of the community; Rodolfo Soler, who was killed in Paso de Aguila on 31 August 1996 by 30 or so men from Tatahuicapan who believed he had murdered his wife;
(b) Killed by police officers: Celerino Jiménez Almaraz, who died on 24 April 1997 in San Mateo Río Hondo, shortly after being detained by Oaxaca judicial police officers; Adrián Sebastián Antonio, who died in December 1996 in San Agustín Loxicha; Fernando González Pérez, Carmen González Gómez, Juan N. and Miguel Gómez Hernández, who died on 14 March 1997 in San Pedro Nixtalucum; Misael Tovar Rodríguez, who died on 19 February 1997 in Conejos, municipality of Tula de Allende; Erick Cárdenas Esqueda, 16 years old, who died on 4 January 1997 in the municipal police cells of Laredo, Tamaulipas, as a result of ill-treatment; Sixto de la Rosa Martínez, whose corpse was reportedly found on 2 May 1997 in Calero de Cofrados, shortly after his detention by judicial police officers from the State of Nayarit; Reyes Penagos, who died on 17 December 1995 in Jaltenango, Chiapas; José López Reyes and Ricardo Rico López, who died on 24 October 1996 in Córdoba, Veracruz; Antonio Torres Estrada, who died in November 1996 in León, Guanajuato, after being beaten; Alejandro Herrera Flores, who died in October 1996 in Morelia, Michoacán, shortly after his detention; Belisario Villegas Perrelleza, Silvestre Bernal and José Mario Payán Beltrán, members of the PRD, who died on 3 December 1996 in León Fonseca, municipality of Sinaloa de Leyva;
(c) Killed by members of the army: Marcial Orbe Zarco, who was killed in Agua Fría on 7 November 1996 by six men in uniform wearing the badges and insignia of the Mexican army and armed with AK-47s; Valentín Carrillo Saldana, an indigenous Tepehua, who died on 12 October 1996 in San Juan Nepomueno; Juan Aceves Cruz, who died on 21 November 1996 in Oaxaca;
(d) Members of the PRD: Guadalupe Valentino López and his wife, Nicasia Hernández Petatan, who were killed in La Montaña, State of Guerrero by unidentified men with alleged ties to the local authorities; Rafael García Santiago, who was killed on 12 September 1996 in the State of Guerrero, reportedly by members of the PRI; Andres López, who was killed on 10 January 1996, in the community of Coyul, municipality of Metlaltonoc, Guerrero, allegedly on the orders of the mayor of the municipality.
263. Allegations were also transmitted concerning the killing of Natalio Gervacio, in September 1996 in the community of Mexcaltepec, Sierra de Atoyac, reportedly by a man acting on the orders of a PRI commissioner from Mexcaltepec.
Communications received
264. The Government of Mexico provided answers to a large number of the complaints transmitted by the Special Rapporteur during 1996 and 1997.
265. Thus regarding the urgent appeal sent on behalf of Rashiy González, the Government provided details of the investigations into the journalist's abduction and reported that Mr. González had never asked for personal protection (5 November 1996 and 19 December 1996). In addition, with regard to the urgent appeal transmitted on behalf of several journalists attending a press conference organized by the Revolutionary People's Army (ERP) it was stated that the Human Rights Commission of the State of Guerrero had not received any complaints relating to these cases. The journalists had not lodged any public complaints or charges with the Procurator's Office, as there were no grounds to do so, since they had never been harassed or threatened by any judicial authorities (12 December 1996).
266. A reply was also furnished regarding the death threats allegedly received by Liliana Flores Benavides, leader of the National Union of Agricultural Producers, Tradesmen, Manufacturers and Service Providers, El Barzón, A.C. According to the Government, investigations had been initiated into the case which was being prepared for submission (12 December 1997).
267. The Government notified the Special Rapporteur that the suspects in the death of Higinio Sánchez Hernández were farmers and tradesmen (12 December 1996). In addition, according to the Attorney-General of the State of Veracruz, the investigations revealed that Fidel Hernández Catarina had not been detained by members of the State Judicial Police. The investigations into his death continue (12 December 1996).
268. An acquittal was handed down for the person accused of the killing of Neftalí Ruiz Ramírez. The public prosecutor had appealed against the acquittal to the Criminal Division of the Supreme Court of Justice of the State of Chiapas, which rendered a final judgement confirming the decision of the Fourth Criminal Court (12 December 1996).
269. Concerning the deaths of Mariano Gómez López and Manuel Gómez López, it was reported that, according to the National Human Rights Commission (CNDH), their bodies were among the 11 corpses buried in Ocosingo, Chiapas; the outcome of the preliminary investigations undertaken both by the Attorney-General of the Republic and by the Military Procurator (19 December 1996) remains pending. By letter of that same date, the Government transmitted a copy of the official record of the removal, description, partial affiliation, and affidavit of the lesions on the corpse of the juvenile José de Jesús Toro Arredondo, as well as of his death certificate.
270. The Special Rapporteur was informed that Artemio Radilla Caro and Benjamín Radilla Caro had died in the course of a confrontation with the State Judicial Police and Public Security Police (25 February 1997).
271. In connection with the urgent appeal sent by the Special Rapporteur in 1996 on behalf of the Jesuit priest Alfredo Zepeda and the lawyer Concepción Hernández Méndez, it was established that, according to the Human Rights Commission of the State of Veracruz, no complaints had been received from the parties and at no time had any public authority or official been involved in any threats; it was rather a matter between individuals (12 March 1997).
272. The Government of Mexico stated that the CNDH and the Human Rights Commission of the State of Guerrero had no records whatsoever of any complaints concerning the deaths of José Reyes Montaño, Andrés Velázquez Nava, Mauro Morales Maganda, Miguel Angel Lázaro Sánchez and Alejandro Pacheco García. The Special Rapporteur was asked for further information (10 April 1997). The Government also requested more information on the cases of Marcial Orbe Zarco, Enrique Ocampo Jiménez, Eucario Jiménez Ocampo and Horlando Mendoza Ojeda (31 July 1997). The Government subsequently indicated that, with regard to the death of Marcial Orbe Zarco, the CNDH was unable to establish that members of the army had been involved, and that it was therefore for the Attorney-General of the State of Guerrero to investigate the facts; preliminary investigations had begun (6 October 1997).
273. At the request of the CNDH, the Government of the State of Chiapas had taken precautionary measures on behalf of CONPAZ (11 and 25 June 1997). Police protection was also given to Gerardo González Figueroa on account of the death threats he had received (17 and 25 June 1997).
274. The deaths of Silvano Martínez Salinas, Oliva Vargas Carro, Mario Martínez Vargas and María Carro Jiménez, in Río Grande, Oaxaca, are still under investigation. However, there is still no information on the alleged intimidation of the family by members of the judicial police, and no evidence to support the idea that their deaths might have been politically motivated (8 September 1997).
275. An arrest warrant and guilty verdict were issued against three persons for the homicide of Rodolfo Soler, who was killed by a mob. It was reported that it appeared from the inquiry to have been members of the family of the woman killed by Rodolfo Soler and other residents of the area, who had initiated the lynching, with the rest of the population witnessing the events but not taking part (8 September 1997).
276. The CNDH stated that Fernando González Pérez, Carmen González Gómez, Juan N., and Miguel Gómez Hernández had died in the course of a confrontation with the State Security Police. Members of the community said they did not want the Commission to intervene, and accordingly the Commission declared the case closed. Nonetheless, the Attorney-General of the State of Chiapas opened a preliminary investigation (2 October 1997). With regard to the death of Misael Tovar Rodríguez, criminal proceedings for homicide and abuse of authority were instituted against two members of the Federal Highway Police (2 October 1997).
277. An army captain was found criminally liable for homicide, and a sergeant for illegal deprivation of liberty and complicity, in the homicide of Valentín Carrillo Saldaña. The proceedings are currently at the pre-trail stage (2 October 1997).
278. With reference to the threats made against María Eugenia Cazares and her family following their complaint concerning the rape of her daughter, on 28 August 1997 the CNDH issued recommendation No. 75/97 to the Governor of the State of Durango, in which it recommended, inter alia, the dismissal of the State Attorney-General and the opening of a preliminary investigation into other public officials from his Office and agents of the Judicial Police. The Commission also recommended compensation of the dead girl's family and execution of the arrest warrants issued by the Second Criminal Court of the State of Durango against the alleged rapists (4 and 14 October 1997).
279. It was not members of the army who were involved in the death of Guadalupe Valentino López and his wife Nicasia Hernández Petatan, but civilians, against whom criminal proceedings have been initiated (6 October 1997). Juan Aceves Cruz died after entering a military installation without permission, and only after personnel from Military Air Base No. 15 had ordered him to stop and fired shots into the air. The incident is being investigated by the Military Procurator of the VIII Military Region in Ixtepec, Oaxaca (6 October 1997). As regards the death of Natalio Gervasio Bello, the CNDH referred the complaint to the Human Rights Commission of the State of Guerrero (6 October 1997).
280. According to the Government, the Attorney-General of the State of Guerrero stated that he had no knowledge of the facts in the case of Gerardo Hurtado Arias. The CNDH and the Human Rights Commission of the State of Guerrero made statements to the same effect (24 October 1997).
Follow-up on the mission to Mexico
281. The Government informed the Special Rapporteur that, with regard to his request to carry out a joint mission with the Special Rapporteur on torture, it had been decided that once the latter completed his mission, the possibility of inviting the former would be considered (2 December 1996).
Observations
282. The Special Rapporteur welcomes the replies transmitted by the Government of Mexico and its willingness to cooperate with his mandate. He remains concerned about the allegations concerning threats to, and intimidation of, human rights activists. As stated previously, although he welcomes the efforts made by the CNDH, he regrets that the recommendations made have not always been implemented and urges the authorities to ensure that they are complied with. He reiterates his interest in carrying out a mission to Mexico. [back to the contents]
Myanmar
Information received and communications sent
283. For an in-depth analysis of the human rights situation in the country, the Special Rapporteur refers to the reports submitted by the Special Rapporteur on the situation of human rights in Myanmar to the General Assembly at its fifty-second session (A/52/484) and to the Commission on Human Rights at its fifty-fourth session (E/CN.4/1998/50).
284. The Special Rapporteur transmitted to the Government of Myanmar allegations regarding the violation of the right to life of the following persons:
(a) Reportedly killed by members of the armed forces in attacks on refugee camps in Thailand: Ei Pyin, Ai Pon and U Baw Ga, in or as a result of the attack on Karenni refugee camp No. 2 on 3 January 1997;
(b) Reportedly killed in attacks on refugee camps in Thailand by members of the Democratic Karen Buddhist Army (DKBA), a Karen militia group alleged to be backed by the State Law and Order Restoration Council (SLORC): one unidentified person, reportedly a Thai trader, during the attack on Don Pa Kiang refugee camp on 28 January 1997; one unidentified person in the attack on Hway Kaloke refugee camp on 28 January 1997; Naw Eh G'Lu Pi alias Maw Ywek Mo, during the attack on Mae La (Beh Klaw) refugee camp on 29 January 1997;
(c) Reportedly killed by members of the armed forces: Zai Nyunt, a Shan villager, on 13 November 1996 near Wan Lauy village in Murngkerng township; and Loong Sa, a Shan villager, on 30 October 1996 in Khai Yern village, Wan Keng Tract, Murngkerng township.
Communications received
285. The Government of Myanmar provided a reply to the allegations transmitted by the Special Rapporteur during 1997. With regard to the cases of Ei Pyin, Ai Pon and U Baw Ga, the Government stated that the armed forces of Myanmar never violated the territorial integrity of the neighbouring countries.
286. Regarding the above-mentioned persons who died in attacks by the DKBA on Karen refugee camps in Thailand, the Government referred to a reply of 13 March 1995 in which it described in some detail the situation prevailing in certain areas of the Karen state near the border and in particular the Government's efforts for national reconciliation. The Special Rapporteur was also informed that the Government cannot be held accountable for the behaviour and activities of the Karen National Union (KNU) or its splinter group, the Democratic Kayin Buddhist Organization, armed groups which remain outside the framework of the law.
287. The Special Rapporteur was also informed that the other cases were referred to the authorities in Myanmar (9 July 1997).
Observations
288. The Special Rapporteur thanks the Government for the reply but regrets that it does not address all his concerns. The Special Rapporteur continues to be distressed by the persistent reports of violations of the right to life in the context of attacks on refugee camps in Thailand. The Special Rapporteur urges the authorities to make every effort to ensure that those responsible for these deaths are brought to justice. [back to the contents]
Nepal
Information received and communications sent
289. It was brought to the Special Rapporteur's attention that since February 1996, when the Communist Party of Nepal (CPN) formally declared a "people's war", the human rights situation in Nepal has seriously deteriorated. According to the information received, the number of violations of the right to life saw a sharp increase. It was reported that police repeatedly resorted to the use of lethal force in situations where such force was clearly unjustified, and as an alternative to arrest. Furthermore, reports were received of persons who had died as a result of torture or were otherwise killed in police custody.
290. Victims reportedly included persons suspected of being members or sympathizers of the CPN or its political wing, Samyukta Jana Morcha (SJM). Among them are reported to be many members of the Magar tribal community, members of lower Hindu castes, lawyers, teachers and juveniles.
291. The Special Rapporteur is aware that armed activists were also responsible for deliberate killings of civilians declared by them to be "enemies". These included landowners and local politicians of mainstream parties, particularly in the mid-western region.
292. The Special Rapporteur transmitted allegations regarding violations of the right to life of 15 individuals. The following persons:
(a) Reportedly died in custody as a result of torture: Hasta Bahadur Damai, on or around 20 March 1996 in Damai, Jajarkot district, following his arrest in early March 1996; Bhakta Bahadur Sunar, on 26 July 1996 in Tewang, Rolpa district, following his arrest the previous day; Bhanu Pratap Singh Chaudhary, on 30 August 1996 in Halawar VDC-4, Dang district; Dil Bahadur Bhujel, on 4 March 1997 in Surunga, Jhapa district, following his arrest the previous week by forest security personnel;
(b) Reportedly died as a result of excessive use of force by members of the police: Dil Bahadur Ramtel, a 14-year-old student in a school of Ghorks district, shot and killed when police fired into a group of children protesting against the arrest of their headmaster;
(c) Were reportedly deliberately killed by members of the police: Mulman Budha, on 28 March 1996 in Mirul, Rolpa district; Dudh Bahadur Pun, on 30 March 1996 in Kakri, Rukum district; Ganendra Prasad Devkota and Tika Prasad Devkota, on 7 May 1996 in Amale, Sindhuli district; Rabi Khatri Chhetri on 13 July 1996 in Magma, Rukum district; Dute Budha, Parman Budha, Bir Bahadur Budha and Lal Bahadur Budha, on 10 August 1996 in Jaimkasala, Rolpa district; Karna Bahadur Budha, on 21 October 1996 in Jedwang, Rolpa district.
Observations
293. The Special Rapporteur regrets that at the time of the finalization of the present report, no reply had been received from the Government to the allegations transmitted during 1996 and 1997. The Special Rapporteur should like to express once more his concern about the considerable number of allegations brought to his attention concerning violations of the right to life committed by members of the police. The Special Rapporteur is particularly shocked by the killing of a 14-year-old schoolboy during a demonstration by schoolchildren in support of their headmaster. The Special Rapporteur calls on the Government of Nepal to investigate the allegations, to bring those responsible to justice and to provide compensation to the victims' families. He also calls on the Government to take the necessary steps to prevent future violations in accordance with, inter alia, the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, the Basic Principles for the Treatment of Prisoners and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. [back to the contents]
Nicaragua
Communications received
294. The Government informed the Special Rapporteur that, with regard to the case of Jerónimo Urbina and Ernesto Porfirio Díaz, who died during the course of a demonstration in Managua, an investigative commission had been established on the instructions of the Minister of the Interior and had recommended that the case should be tried by the ordinary courts. Judicial proceedings had been initiated and an interlocutory judgement handed down, with charges dismissed against some of the accused and a temporary stay granted the others, and the police were ordered to continue investigating the case (15 November 1996).
295. With regard to the deaths of Franklin Benito Borge Velásquez and Enrique Montenegro Estrada, charges were filed in the Eighth Criminal District Court of Managua. The criminal proceedings are in the judicial investigation stage (15 November 1996).
296. In relation to the case of the death of 11 members of the "Meza Rearmed Group" in the course of an attack by members of the army, the Special Rapporteur was informed that in May 1995 the charges of homicide and bodily injury had been dismissed. There was no appeal and the case was closed (15 November 1996). [back to the contents]
Nigeria
297. For a summary of the communications between the Government of Nigeria and the Special Rapporteur from 1 November 1996 to 4 February 1997, reference is made to the report on the situation of human rights in Nigeria which the Special Rapporteur submitted together with the Special Rapporteur on the independence of judges and lawyers to the fifty-third session of the Commission on Human Rights (E/CN.4/1997/62 and Add.1).
Information received and communications sent
298. For an in-depth analysis of the human rights situation in the country, the Special Rapporteur refers to the reports submitted by the Special Rapporteur on the situation of human rights in Nigeria to the Commission on Human Rights at its fifty-fourth session (E/CN.4/1998/62).
299. The Special Rapporteur transmitted an allegation which regarded the violation of the right to life of Kudirat Abiola. It was reported that Kudirat Abiola, wife of the politician Chief Moshood Abiola for whose release she was campaigning, was killed in Lagos on 4 June 1996. According to the reports received her killing might have been carried out by members of the State security forces acting with or without the knowledge of the central authorities. It was also brought to the Special Rapporteur's attention that Kudirat Abiola's daughter had publicly stated that prior to her death she had been harassed by members of the State security services. Sources further indicated that on 6 September 1996, the head of the Federal Investigations and Intelligence Bureau said that their investigations had not made any progress due to lack of public cooperation. He was allegedly one of the three senior officers who subsequently retired in a restructuring of the police. According to the information received, no further progress was reported in the investigation of the case.
Communications received
300. In reply to the case of Kudirat Abiola, the Government informed the Special Rapporteur that it considered that the allegation had been transmitted to the Government to justify a statement made by the Special Rapporteur in Port Louis, Mauritius, in October 1996, in which he attributed the death of Kudirat Abiola to government officials (28 March 1997).
301. The Government also provided a reply to an allegation sent during 1996 which concerned 43 persons reportedly publicly executed in Lagos on 22 July 1995 following proceedings which allegedly fell short of international standards for a fair trial. In its response, the Government indicated that the persons concerned had been represented by counsel of their choice, were all found guilty as charged and were thereafter executed. Furthermore, the Special Rapporteur was informed that all had been convicted earlier of armed robbery and sentenced to death. Thirty-eight were tried and sentenced between 1980 and 1992 by the Lagos Armed Robbery and Firearms Tribunal, the judgements in their cases being confirmed by the Government in accordance with the law. The other five had been tried by the Lagos State High Court and had subsequently appealed to the Supreme Court which confirmed the sentences (9 April 1997).
Observations
302. The Special Rapporteur is concerned about the imposition and execution of death sentences after trials reported to fall short of international fair trial standards. In addition, the Government's unfounded remarks regarding the Special Rapporteur, which were made in its reply to the case of Kudirat Abiola, cannot serve as a justification for not promptly and impartially investigating her case and bringing perpetrators to justice. [back to the contents]
Pakistan
Information received and communications sent
303. The Special Rapporteur received information indicating that in Pakistan death sentences may be imposed in trials which are alleged not to meet minimum fair trial standards as laid down in international instruments. Death sentences imposed in trials before Special Courts for the Suppression of Terrorist Activities reportedly fall short of international standards for fair trial insofar as these trials do not proceed from the presumption of innocence. Furthermore, it was reported that by law, women charged with unlawful sexual relations (zina) may be sentenced to the hadd punishment of stoning to death without the women's testimony being taken into account.
304. It was further reported that the Qisas and Diyat Ordinance, first promulgated in September 1990 and then regularly repromulgated, severely limits the possibility of those sentenced to death to have their sentences commuted to life imprisonment. As this ordinance declares void relevant provisions of the Pakistan Penal Code and Code of Criminal Procedure, these codes reportedly now specify that death sentences given as qisas - punishment commensurate to the crime committed - shall not be commuted by the federal or provincial authorities without the consent of the heirs of the victim. It was alleged that this may result in the death penalty being applied arbitrarily as the heirs of the victim may grant mercy in return for compensation, making a compromise settlement more likely for a rich than a poor convict. It was also reported that death sentences imposed as hadd punishments can no longer be commuted by the federal Government or the President as originally provided for in the Code of Criminal Procedure. Lastly, although the Qisas and Diyat Ordinance is reported not to have altered the power of the President under article 45 of the Constitution "to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or authority", a 1992 Supreme Court judgement reportedly held that the President had no power to commute death sentences passed as hadd or qisas.
305. In relation to the death penalty, it was further brought to the Special Rapporteur's attention that on 5 June 1995 the federal Government approved a draft bill, the Child Offenders Bill, which reportedly envisages that no person below the age of 16 may be sentenced to death. This bill was reported to be pending before the Parliament.
306. During the past year, the Special Rapporteur also continued to receive numerous allegations regarding violations of the right to life committed by law enforcement officials. Most of the reports received concerned Mohajir Quami Movement (MQM) members, workers or sympathizers who died in custody, often as a result of torture, or in staged armed encounters with the police. In this respect, the Special Rapporteur transmitted the following allegations regarding:
(a) Persons who reportedly died in custody as a result of torture: Mohammad Zaheer, on 1 January 1997 in Landhi police station, Karachi; Mohammad Taufeeq Raza, on 10 October 1996 in Zaman Town police station, Karachi; Mohammad Naeem, on 29 November 1995 in Zaman Town police station, Karachi; Mohammad Anwar, on 12 November 1995 in Garden police station, Karachi; Nazeer Hussein, on 4 November 1995 in Jinnah hospital following his detention in New Karachi police station and Central Jail; Khursheed Anwar, on 2 October 1995; Jameel Ahmed, on 22 September 1995 in Gulbahar police station, Karachi; Taraq Hassan Rizvi, on 1 September 1995; Mohammad Asghar, on 26 June 1996 in Sukkur;
(b) Persons who were reportedly deliberately killed in Karachi by members of the police while in their custody: Tariq Aziz, on 4 April 1996; Zubair Alam, on 1 April 1996; Mohammad Shakir, on 1 April 1996; Hafeez Ahmed, on 31 March 1996; Syed Anwar Ali, on 30 March 1996; Mohammad Armaan, on 4 October 1996; Mohammed Tehsin and Azeen Uddin, on 11 September 1996; Naseem Bihari, on 21 August 1996; Mohammad Farooq, on 5 September 1996; Waseem Ahmed, Javed Ameeruuddin and Wahab, on 27 November 1995; Amir Ali, on 18 October 1995; Mohammad Asif, on 16 October 1995; and Liaquat Ali Abbasi, on 7 October 1995.
307. Furthermore, the Special Rapporteur transmitted an allegation regarding the violation of the right to life of Mir Murtaza Bhutto, Chairman of the Pakistan People's Party, an opposition party, as well as the violation of the right to life of Ashique Husein Jatoi, Yar Mohammed Baloch, Sajjad Haider Gakhro, Wajahat Jokhio, Mohammed Rahim Brohi and Abdul Sattar Rajpar. It was reported that they were killed on 20 September 1996 when they were ambushed by some 100 policemen close to Mir Murtaza Bhutto's home in Karachi. All reportedly died on the spot, except Mir Murtaza Bhutto who was allegedly left bleeding at the site of the incident for approximately 50 minutes before being taken to Mideast hospital where he succumbed to his injuries some hours later.
Observations
308. The Special Rapporteur notes with concern that the Child Offenders Bill envisages the imposition of the death sentence on juveniles as of the age of 16. He should like to bring to the Government's attention that the imposition of the death penalty on children, that is persons below the age of 18 years unless under the applicable law child majority is attained earlier, is in violation of article 37 (a) of the Convention on the Rights of the Child, which has been ratified by Pakistan. Furthermore, it should be noted that the International Covenant on Civil and Political Rights, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The "Beijing Rules") and the Safeguards guaranteeing protection of the rights of those facing the death penalty provide that persons below 18 years of age at the time of the commission of the crime shall not be sentenced to death.
309. Furthermore, the Special Rapporteur regrets that no replies have been received to any of the allegations regarding violations of the right to life transmitted during 1995, 1996 and 1997. The Special Rapporteur remains concerned about the high number of reports received regarding extrajudicial, summary or arbitrary executions, including deaths in custody. The Special Rapporteur calls on the Government to investigate these allegations, to bring those responsible to justice, to provide compensation to the victims' families and to take the necessary steps to prevent future violations of the right to life.
310. In the light of the high number of allegations brought to the Special Rapporteur's attention, and in the absence of any replies, the Special Rapporteur is also considering a request to the Government for an invitation for an on-site visit to allow him to better evaluate the situation of the right to life. [back to the contents]
Panama
Information received and communications sent
311. The Special Rapporteur transmitted an urgent appeal to the Government of Panama on behalf of some 400 peasants and their families, most of them from Unguía, Department of Chocó, Urubá, Colombia, who had fled to Panama in the wake of violent fighting between guerrillas and paramilitary groups. The Special Rapporteur was told that the Panamanian authorities had begun the process of deporting them to Colombia. He asked the Government to take the necessary steps to ensure that, should they be deported to Colombia, their right to life and physical integrity would be guaranteed. The Special Rapporteur also sent the Government of Colombia an urgent appeal to the same effect (5 December 1996).
312. The Special Rapporteur transmitted to the Government of Panama allegations concerning violations of the right to life of the following persons: José Ignacio Acevedo, who died on 24 June 1997, in the municipality of Yape, Pinogana, Darién, and Cipriano García, who was killed in early July 1997 in the municipality of Yaviza, by Colombian paramilitaries. Colombian paramilitaries were reported to have made an incursion into Panamanian territory for the purpose of eliminating guerrilla sympathizers. The Special Rapporteur also transmitted this allegation to the Government of Colombia. [back to the contents]
Papua New Guinea
Information received and communications sent
313. The Special Rapporteur's attention was drawn to reports which indicated that a culture of impunity, created by poor discipline and a weak chain of command in the armed forces combined with an unwillingness to hold individuals responsible for their deeds, contributed to the continuation of killings on the island of Bougainville. Moreover, the Papua New Guinea Defence Force (PNGDF) and resistance forces were reported to operate virtually free from public scrutiny because of restrictions imposed on access for independent human rights monitors and the media.
314. The Special Rapporteur received numerous reports of violations of the right to life committed on the island of Bougainville by members of the PNGDF and resistance forces. Allegations transmitted to the Government by the Special Rapporteur concerned the following persons:
(a) Fourteen unidentified persons, including women and two girls aged four and six, reportedly killed on 1 December 1996 in Mukakuru village, Siwai, when members of the PNGDF and the resistance forces opened fire on their camp. Survivors of the attack reportedly claimed that no members of the Bougainville Revolutionary Army (BRA) were present in their village;
(b) Jack, a man who, according to local residents, suffered from a mental illness, reportedly killed on 23 June 1997 when he was cruising around the waters of Buka harbour with a stolen boat after curfew;
(c) Cathy Tomare, aged 4, Nanny Makau, aged 5, Alvina Makunia, aged 6, Brenda Ruinai, aged 14, Cecelia Ruatu (female), John Tuburu, Nicolas Nakei, Albert Makau and Boisi Kauri (female), reportedly killed on 28 November 1996 when the Malapita church in south Bougainville was struck by mortar fire in an attack which was alleged to be indiscriminate;
(d) Theodore Miriung, Premier of the Bougainville Transitional Government, who was extremely helpful during the Special Rapporteur's visit to Bougainville, reportedly killed on 12 October 1996 in Kapana village. It was reported that the preliminary findings of a coroner's inquest into the killing were that members of the PNGDF along with a lesser number of members of the resistance forces were involved in his killing;
(e) Isaiah Magung and Ampo Tarokuru, reportedly killed in May 1996 after they had left the Tonu Care Centre at the Mariga River;
(f) Hubert Oparive and seven unidentified persons, reportedly killed on 19 June 1996 in Sipai. According to the information received, they were accused of collaboration and killed shortly after their arrest by security forces;
(g) John Esi, reportedly killed in early 1996 in Kunua, Bougainville, shortly after his arrest at the Kunua Care Centre by members of the PNGDF.
Observations
315. The Special Rapporteur notes with regret that the Government of Papua New Guinea has not responded to any of the allegations regarding violations of the right to life transmitted by the Special Rapporteur during 1995, 1996 and 1997. Moreover, despite repeated requests, the Government did not provide him with information in regard to the recommendations made in the report of his visit to the country from 21 to 28 October 1995.
316. The Special Rapporteur is concerned about the deterioration of the situation of the right to life on the island of Bougainville and about persistent impunity. He calls on all parties to the conflict to respect at all times the right to life of non-combatants. [back to the contents]
Paraguay
Information received and communications sent
317. The Special Rapporteur transmitted the allegation concerning a violation of the right to life of Felipe Pablo Benítez, a member of the Puente Kue Neighbourhood Commission, who was killed on 11 July 1997 by armed men allegedly acting with the acquiescence of the security forces in Caazapa.
Communications received
318. The Government of Paraguay transmitted information concerning the case of Modesto Barreto. It was stated that the Second Rota Criminal Court of First Instance had conducted the investigative proceedings to establish the facts. Three persons had been detained on suspicion of murder, and they did not belong to any official or private institution or body (19 November 1996). In addition, the Government furnished a copy of Act No. 933/96, promulgating the Inter-American Convention on Forced Disappearance of Persons. [back to the contents]
Peru
Information received and communications sent
319. The Special Rapporteur received allegations of a general nature concerning the attack by the armed forces on the Embassy of Japan in Lima. According to the information received, the military operation, which rescued 71 hostages, resulted in the deaths of Carlos Giusti Acuña, Supreme Court Judge, two army officers and all the members of the Tupac Amaru Revolutionary Movement (MRTA) guerrilla group. Witnesses were reported to have stated that some members of the MRTA had been captured alive and disarmed and then committed suicide. As to the Supreme Court Judge who died, sources close to the victim reportedly did not know whether there had been an autopsy. It is also not known whether there was an investigation into the events surrounding the attack. Reports indicate that only three of the dead guerrillas were handed over to their families, in sealed coffins, which ruled out any autopsies. The 11 other guerrillas were said to have been buried in secret, with no information given to any of their families.
320. The Special Rapporteur was also informed that the faceless judge system had been abolished in October 1997.
321. The Special Rapporteur transmitted two urgent appeals to the Government of Peru, in which he urged the authorities to take all necessary measures to protect the right to life and physical safety of the following persons:
(a) Javier Díez Canseco, a member of Congress from the United Left party, who was reportedly shot at by a group of heavily armed men as he was driving to Lima international airport. The assailants identified themselves as police officers and released him and the other occupants of the vehicle after questioning them. Javier Díez Canseco was said to have publicly advocated a negotiated peaceful solution to the crisis between the Government and the MRTA (24 March 1997);
(b) Edmundo Cruz, a journalist, and Heriberto Benítez Rivas, defence counsel for an Army Intelligence Service agent allegedly tortured by members of the same service, after receiving death threats (28 April 1997).
322. In addition, the Special Rapporteur transmitted allegations concerning violations of the right to life of the following persons: Mariela Lucy Barreto Riofano, whose body was discovered in Lima on 26 March 1997 and showed signs of torture. The suspects were alleged to have been members of the Army Intelligence Service. The victim had reportedly given the media valuable information on human rights violations committed by the Army Intelligence Service and Grupo Colina; Nicolás Carrión Escobedo, who was killed on 23 August 1996 by members of the army, in the settlement of Uruspampa, Sánchez Carrión, Libertad; and Jorge Chávez Espinoza, who died in August 1996 in Monzón, Huamlies, Huanuco, after being tortured by members of the army.
Communications received
323. The Government referred to the case of Juan Luna Rojas. The Special Rapporteur had transmitted an urgent appeal on his behalf in September 1992, after an attempt had been made to abduct him. The Government reported that the facts had been established and that nothing had been heard from the complainants since 1992. The Government asked that the case be closed (14 February 1997).
324. With reference to the threats against Javier Díez Canseco, a copy was provided of the report prepared by the National Human Rights Council, according to which the facts were being investigated and there was no evidence to prove that the suspects were members of the security forces. The investigations showed that it was a case of common crime (14 February 1997). It was later indicated that the 31st Provincial Procurator of Lima had ordered an extension of the police investigation into the allegations brought by the member of Congress (16 and 18 June 1997).
325. With regard to the death of Mario Palomino García, transmitted to the Government in 1996, the latter reported that the suspects in the case, a lieutenant and three junior officers of the National Police, had been dropped from the force as a disciplinary measure, and were being tried in the 14th Provincial Criminal Court of Lima for the offences of abuse of authority and disobedience. The criminal proceedings are under way (27 May 1997).
326. In addition, with regard to the death of Francisco Díaz Mansilla, the High Council of Military Justice of Peru heard an appeal filed in the homicide trial of a junior officer in the National Police. The case was settled on 8 February 1996 and the accused sentenced to a year in prison (27 May 1997).
327. It was stated that judicial proceedings were under way against a National Police officer for the offence of abuse of authority and the death of Kissinger López Ruiz. The defendant was discharged as a disciplinary measure (4 June 1997). The 13th Criminal Division of the Supreme Court of Lima sentenced the police officer responsible for the death of José Gómez Alcazar to five years in prison for voluntary manslaughter. Three colonels and a major in the National Police were reportedly responsible for the death of Percy Nima Seminario (4 June 1997).
328. It was also reported that the High Council of Military Justice had granted amnesty to the person accused of attacking Ulises Espinoza Sánchez and R.P. Fidelius Pezzet and declared the case closed (16 June 1997). The Special Rapporteur had transmitted an urgent appeal on their behalf in April 1994.
329. With regard to the urgent appeal on behalf of Edmundo Cruz and Heriberto Benítez, neither of them was reported to have filed a criminal complaint in connection with the alleged threats against them (16 June 1997).
330. The Special Rapporteur was also informed that, by decree of 4 October 1997, the state of emergency had been extended for a period of 60 days in the provinces of Coronel Portillo and Padre Abad in the Department of Ucayali and the province of Puerta Inca in the Department of Huánuco (22 October 1997).
Observations
331. The Special Rapporteur thanks the Government of Peru for its replies and for its willingness to cooperate with his mandate. Nonetheless, he regrets that the Government has not replied to the allegations concerning the attack on the Japanese Embassy in Lima. He calls on the authorities to undertake the necessary investigations in order to establish whether there was any illegality in the conduct of the armed forces in that connection. He reiterates the obligation of all Governments to investigate alleged violations of the right to life thoroughly and impartially, to identify those responsible and bring them to justice, and to provide appropriate compensation to the families of the victims. He welcomes the decision to end the system of faceless judges, whose ability to guarantee the rights of persons on trial under their jurisdiction had been vigorously questioned. [back to the contents]
Philippines
Information received and communications sent
332. The Special Rapporteur transmitted three urgent appeals to the Government of the Philippines. Two urgent appeals were transmitted after the Special Rapporteur had been informed that death threats were received by judges and lawyers in connection with their involvement in the prosecution of police officers in the Kuratong Baleleng case. This case, which was transmitted to the Government by the Special Rapporteur during 1996, involved the killing of 11 suspected bank robbers in May 1995 while in the custody of the police. In both appeals, the Special Rapporteur requested the Government to inform him of investigations carried out by competent authorities and of the steps taken to ensure effective protection of the right to life and physical integrity of the threatened persons.
333. The first urgent appeal was sent on behalf of José Manuel I. Diokno, Vice-Chairman of the Free Legal Assistance Group (FLAG), Efren C. Moncupa, member of FLAG's Executive Committee, Arno V. Sanidad, Deputy Secretary of FLAG, Alexander A. Padilla, Regional Coordinator of FLAG for Metro Manila, Theodore O Te, member of FLAG, Lorenzo R. Tanada III, human rights lawyer, Wigberto R. Tanada Jr., human rights lawyer, and Francis P.N. Pangilinan, human rights lawyer, after they had reportedly received death threats from individuals connected to the Philippine National Police and loyal to the accused in the Kuratong Baleleng case (7 February 1997).
334. The second appeal was sent on behalf of Senator Paul Roco, Chairman of the Senate Committee on Human Rights and Social Justice, Justices Francis Garchitorena and José Balajadia of the Sandiganbayan (Anti-Corruption Court) after they had reportedly received death threats, the language of which strongly suggested that the authors might be members of the Philippine National Police (3 March 1997).
335. The Special Rapporteur also transmitted an urgent appeal on behalf of 140 indigenous families from the Suminao Clan in Kamagumayan, Impasugong, North Mindanao, who had reportedly been harassed and intimidated since November 1996 because of their claim to ancestral land. The Special Rapporteur was informed that Benjie Abao, referred to as the leader of the Suminao Higaonon Tribal Association, Undo Gulmba and Juvy Mepana died during an attack by members of the "blue guard" of the Baula family, the current local landlords, in cooperation with military and police who demolished their settlements. In this context, fears had been expressed for the life and physical integrity of the 140 families who were still facing the demolition of their settlements (13 August 1997).
Communications received
336. Following the Government's reply dated 1 November 1996, the Special Rapporteur was provided with further information on the procedure followed by the Philippine authorities in the investigation and prosecution of those responsible in the Kuratong Baleleng case. The Government emphasized that the responsible agencies have fully and expeditiously acted on the alleged extrajudicial executions involving Kuratong Baleleng gang members within the confines of the criminal justice system in the Philippines. The Government also states that the case is still sub judice (21 January 1997).
Follow-up
337. In his follow-up communication, the Special Rapporteur sought further clarification with regard to the Kuratong Baleleng case, after the source of the information brought once again to his attention that as a result of inaction of the government prosecutors, two years after the killing of 13 members of the Kuratong Baleleng gang none of the persons responsible had been brought to trial. The Special Rapporteur requested to be kept informed of further progress made in the case and of any disciplinary measures or administrative sanctions imposed on the accused.
338. With respect to the case of Gary Dalayhon, in response to which the Government had indicated that information could be obtained directly from the Philippine National Police, the Special Rapporteur requested the Government to summarize the available information by way of responding to the questions posed in his letter. [back to the contents]
Poland
Information received
339. The Special Rapporteur was informed that a new Penal Code abolishing the death penalty for all crimes will come into effect on 1 January 1998. [back to the contents]
Romania
Information received and communications sent
340. The Special Rapporteur is concerned about cases of the misuse of firearms by law enforcement officials. Several persons were allegedly killed at the time of their arrest. The Special Rapporteur deplores the fact that some provisions of the Romanian Police Organization and Operation Act are not in keeping with the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. Article 19 (d) of Act No. 26/1994 thus authorizes a police officer to use force or a firearm "to arrest an offender caught in the act of committing a crime, trying to escape and not obeying orders to stop".
341. The Special Rapporteur drew the attention of the Romanian Government to the allegations he had received about violations of the right to life of the following persons:
(a) Marius Christian Palcu, shot in the back by two policemen on 2 May 1996;
(b) Mircea Muresul Mosor, aged 26, a member of the Rom community, allegedly killed by a policeman who was trying to arrest him on 9 May 1996 in Maruntei, a village in southern Romania;
(c) Nicolae Sebastian Balint, allegedly killed by police officers at Baile Herculane on 9 January 1995 when he was caught trying to steal a car.
Observations
342. The Special Rapporteur regrets that no reply from the Government had reached him at the time this report was finalized. He requests the Romanian authorities to have impartial and in-depth inquiries carried out in order to shed light on the situation and establish the facts and to ensure that any police officer suspected of having used firearms abusively is brought to justice. The Special Rapporteur also recommends that the Government should amend article 19 (d) of Act No. 26/1994 to bring it into line with the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. [back to the contents]
Russian Federation
Communications received
343. The Government provided the Special Rapporteur with replies to several communications sent during 1996.
344. Regarding the case of Natalya Alyakina, a journalist reportedly killed on 17 June 1995 near Budennovsk, the Government informed the Special Rapporteur that the responsible member of the armed forces was prosecuted for contravention of the rules on the use of weapons which led to the victim's death, and was sentenced to two years' imprisonment subject to probation for a term of one year (25 November 1996).
345. In response to the case of Ashot Shakhnazarian, the Government reported that the Military Procurator's office closed the case on 15 July 1996 because of the absence of a corpus delicti. It was decided that the members of the armed forces, which were carrying out a military exercise under conditions of armed conflict, had made lawful use of their weapons. The members of the armed forces in the helicopter, having received information to the effect that members of the Chechen armed formations were moving about the area in Kamaz trucks, opened warning fire with light weapons with a view to halting the truck and checking to whom it belonged. When the truck continued even after further warning fire, the truck was fired upon in accordance with the instructions of superiors. The driver of the truck died as a result.
346. Regarding the seven unidentified individuals who were reportedly killed on 19 March 1996 in Samashki by Russian armed forces during a house search, the Government stated that no evidence was found of intentional killing.
347. The Government also informed the Special Rapporteur that it considered that the deaths of the 28 persons in Roshni Chu on 8 October 1995, the 267 unidentified persons in Gudermes between 14 and 24 December 1995 and the some 200 unidentified persons in Samashki between 14 and 20 March, reportedly resulting from indiscriminate and disproportionate attacks by Russian armed forces, were a tragic consequence of military operations (27 December 1996).
348. In response to the Special Rapporteur's follow-up communication of 1 September 1996, he was informed that, in order to verify the allegations concerning the events of 7-8 April 1995 in the village of Samashki, the Military Procurator's office of the Russian Federation had opened criminal proceedings on 27 April 1995. The Special Rapporteur was further informed that before undertaking concrete measures against settlements in Chechnya in cases where the use of force was envisaged, the federal forces always created humanitarian corridors to facilitate the civilian population's egress from the conflict zone. With regard to the case of Sergei Tamarov and one unidentified person killed on 23 March 1995 when their car was reportedly attacked by a Russian helicopter in the town of Tsotsin-Yurt, the Government noted that this incident was a tragic consequence of military operations.
349. In response to the Special Rapporteur's follow-up communication, the Government also provided statistics on the use of the death penalty. According to this information, in 1996, 86 persons were executed, all sentenced to death between 1989 and 1994. In January 1996, 14 persons were executed, in February 15, in March 6, in April 23, in May 17, in June 3, in July 7 and in August 1. The Special Rapporteur was further informed that the State Duma of the Federal Assembly of the Russian Federation was examining a bill for a moratorium on the death penalty (27 December 1996).
Observations
350. The Special Rapporteur wishes to thank the Government for the replies it provided.
351. The Special Rapporteur is appalled at the deliberate killing of humanitarian workers in the Chechen Republic in December 1996. Moreover, he is distressed at allegations of public executions which allegedly took place in the Chechen Republic of the Russian Federation following the adoption of a new Criminal Code reintroducing Shari'a law into the judicial practice of the Chechen Republic. These executions are in contradiction to Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms which the Russian Federation signed, thereby committing itself to the abolition of the death penalty. [back to the contents]
Rwanda
Information received and communications sent
352. The Special Rapporteur is concerned about the deterioration in the human rights situation in Rwanda since November 1996, when half a million Rwandan refugees in Zaire returned home. According to the information received, there have been many massacres of civilians, with about 6,000 deaths since the beginning of the year. The Special Rapporteur was also informed that the massacres were attributed variously to the Rwandan Patriotic Army (APR), the Interahamwe militia or ex-members of the predominantly Hutu former Rwandan armed forces. The regions most affected by the killings are those in the north-west, Ruhengéri and Gisenyi.
353. For an in-depth analysis of the human rights situation in Rwanda, the Special Rapporteur refers to the report (E/CN.4/1998/54/Add.1) submitted to the Commission on Human Rights by the Special Representative on Rwanda, Mr. Pierre Moussalli, and to the reports submitted by the Office of the United Nations High Commissioner for Human Rights in Rwanda to the General Assembly and the Commission on Human Rights.
354. In an urgent appeal sent on 23 January 1997, the Special Rapporteur said that he was concerned about the way in which some trials for genocide and crimes against humanity were being conducted. According to the information received, the provisions relating to a fair trial and the principles of the independence of the judiciary are not being respected, some accused do not have access to a lawyer and restrictions are being imposed on their ability to call and question witnesses. The urgent appeal was sent jointly with the Special Rapporteur on the situation of human rights in Rwanda, Mr. Degni-Ségui, the Special Rapporteur on questions relating to torture and the Special Rapporteur on the independence of judges and lawyers.
355. In conjunction with the Special Rapporteur on the situation of human rights in Rwanda, the Special Rapporteur transmitted a communication to the Government expressing his indignation following the murder of five members of the human rights operation in Rwanda on 4 February 1997. Since the persons who committed these crimes have not yet been identified, the Special Rapporteur requested the Government to find them and bring them to justice.
Observations
356. The Special Rapporteur regrets that he has received no reply to the allegations transmitted. He urges the Government to prevent any excessive use of force and to conduct exhaustive and impartial investigations into these executions, to identify those responsible and to bring them to justice. He also requests it to guarantee the rights of the families of the victims to adequate compensation.
357. The Special Rapporteur welcomes the fact that the first trials of persons accused of having taken part in genocide and other crimes against humanity opened in Rwandan courts in December 1996 and in the International Criminal Tribunal in Arusha in January 1997. He nevertheless regrets that 61 death sentences have been handed down by Rwandan courts without full assurances of international guarantees of a fair trial. Although the recent establishment of a bar association in Rwanda is to be welcomed, there is deep concern about the fairness of the trials being conducted. The Special Rapporteur takes this opportunity to point out that the United Nations Human Rights Committee regards any sentence of death resulting from a trial which does not respect the minimum guarantees provided for by article 14 of the International Covenant on Civil and Political Rights as a violation of the right to life. The growing insecurity and the increase in fighting between the Rwandan army and armed groups once again raise the question of the prevention of massacres, the protection of the right to life of all members of the civilian population without distinction and the need to break the cycle of violence in the country once and for all. [back to the contents]
Senegal
Communications received
358. The Government replied to the allegations that the Special Rapporteur transmitted to him in 1996 concerning the following persons:
(a) Youba Badji, political officer of the Casamance Democratic Forces Movement (MFDC), was reportedly arrested, tortured and killed on 24 January 1995 by soldiers in his village of Aniak. According to the Government, the results of the investigation showed that Y. Badji was known, because he had been arrested several times in connection with MFDC activities and finally joined the armed wing of the Movement and took refuge in the village of Djiégui near San Domingo in the Republic of Guinea-Bissau. He is said to have died as a result of an illness;
(b) Bakari Diedhiou died in Bouloum on 19 February 1995 following the torture to which he was subjected during his arrest by soldiers. The Government informed the Special Rapporteur that B. Diedhiou was allegedly involved in the murder of Bacary Sane, a rural adviser killed in Bouloum by members of the resistance. B. Diedhiou reportedly went underground for fear of reprisals by villagers. His death, which has not been confirmed, could only have been the result of clashes between members of the army and members of the independence movement;
(c) Anice Sambou, former employee of a hotel in Ziguinchor, arrested and killed in Niaguis in April 1995 by soldiers who suspected her of connivance with the independence forces. According to the Government, Anice Sambou, known as Amy, is well known as a female supporter of MFDC. She went to live in Kandé, where she headed the women's branch of MFDC. She was arrested in 1992 and then amnestied and reportedly left Ziguinchor to take refuge in Gambia.
359. The Government informed the Special Rapporteur that, as far as these three cases were concerned, no arrest had been made of persons with these names (23 January 1997).
Observations
360. The Special Rapporteur is concerned about the escalation of violence in the Casamance region and the danger to the civilian population created by the increase in armed clashes and the laying of anti-personnel mines. He requests the authorities to carry out impartial and in-depth inquiries to shed light on all allegations of violations of the right to life committed in Casamance. The rights of the victims and their families to truth, justice and adequate compensation must be respected. [back to the contents]
Singapore
Information received and communications sent
361. The Special Rapporteur transmitted one urgent appeal to the Government of Singapore on behalf of Lee Teck Yeong, who was reportedly sentenced to death on 25 October 1996 for trafficking in drugs and was expected soon to be executed. It was reported that Lee Teck Yeong decided not to appeal against his sentence (24 February 1997).
Communications received
362. In response to the urgent appeal sent on behalf of Lee Teck Yeong, the Government informed the Special Rapporteur that the procedure for lodging appeals, and particularly the time limit for filing of notices of appeal, are carefully explained to every prisoner by the prison authorities immediately upon admission to the prison. As a matter of practice, every prisoner who has been sentenced to death is asked by the prison authorities to file a notice of appeal. However, under Singapore law, persons who have filed appeals have the freedom to withdraw their appeals if they so wish. No person is forced to prosecute an appeal or to continue with an appeal against his will. The Special Rapporteur was also informed that Lee Teck Yeong had the benefit of legal advice at the time when he decided to discontinue his appeal (9 May 1997).
363. The Government also provided the Special Rapporteur with comments on paragraph 438 of his report to the fifty-third session of the Commission on Human Rights (E/CN.4/1997/60/Add.1), containing the Special Rapporteur's observations on Singapore. The Government of Singapore stated that its Misuse of Drugs Act was in line with international standards, including the Safeguards guaranteeing protection of the rights of those facing the death penalty. In this context, the Government explained that drug trafficking is considered by the international community as a "most serious crime", its effects in terms of human suffering and social costs on society as a whole being horrendous. Further, the Government stated that it was not factually correct to state that the Misuse of Drugs Act does not provide sufficient guarantees for the presumption of innocence for persons charged with trafficking in drugs. An inherent safeguard exists in section 17 of the Act, under which it must first be proved that the accused had in his possession a controlled drug in excess of the quantity specified under the section. It must also be shown that the accused knew the nature of the particular controlled drug. Only then does the presumption of trafficking arise, which can be rebutted by the accused if he can show that the drug in his possession was solely for his own consumption (27 June 1997).
Observations
364. The Special Rapporteur continues to be of the opinion that the presumption of trafficking in drugs in the Misuse of Drugs Act, resulting in a partial shifting of the burden of proof on the accused, does not provide sufficient guarantees for the presumption of innocence and may thus lead to violations of the right to a fair trial and therewith of the right to life, the crime of drug trafficking carrying a mandatory death sentence. The Special Rapporteur further shares the view of the Economic and Social Council, expressed in its resolution 1989/64 of 24 May 1989 entitled "Implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty", that Member States should take steps to ensure mandatory appeals in all cases of death penalty. [back to the contents]
Spain
Information received and communications sent
365. The Special Rapporteur transmitted complaints to the Government of Spain about violations of the right to life of Rosa Zarra Marín, who died in Donostia on 22 June 1995 after being hit in the stomach by a rubber bullet fired by an officer of Ertaintza (Autonomous Basque Police), and of Josu Zabala Salegi, whose body was found with a bullet hole in the chest on 27 March 1997 near the district of Itsaspe, Itziar, Guipúzcoa.
Information received
366. With regard to the death of Josu Zabala, the Government reported that the investigation was carried out by Eibar Criminal Investigation Court No. 1. The proceedings conducted and the autopsy report contain no indication that the case is one of murder and no information from the exhaustive investigation carried out points to anything but suicide (22 October 1997).
367. As to the death of Rosa Zarra Marín, the Special Rapporteur was informed that the criminal proceedings were dismissed after it was determined by the court that there was no connection between the rubber bullet wound and the death of Rosa Zarra Marín. However, according to the investigations conducted by the Autonomous Basque Police and reported to the Institutions and Interior Commission of the Basque Parliament, it appears that the most probable cause of the wound was a ricochet from one of the rubber bullets (27 October 1997). [back to the contents]
Sri Lanka
368. The Special Rapporteur undertook a visit to Sri Lanka from 25 August to 5 September 1997 to examine in situ the situation of the right to life. His findings, conclusions and recommendations with regard to the visit can be found in the second addendum to his report to the Commission on Human Rights (E/CN.4/1998/68/Add.2). Communications between the Special Rapporteur and the Government concerning the visit are also reflected in this document.
Information received and communications sent
369. During the period under review, the Special Rapporteur transmitted allegations regarding violations of the right to life of the following persons:
(a) Krishanthy Kumaraswamy, Rasammah Kumaraswamy, Prenaban Kumaraswamy, aged 16, and Kirupaharan Sithamparan, allegedly killed by members of the armed forces in Jaffna. According to the information received, Krishanthy Kumaraswamy was taken into custody on 7 September 1996, gang-raped and then killed. Her mother, her brother and a friend of the family reportedly disappeared the same day when they went to search for her. Their bodies were reported to have been discovered in shallow graves approximately 1½ months later;
(b) Suppiah Rasendiram and Arumugam Subramaniam, reportedly killed on 23 February 1996 in Kanniya, Trincomalee, by members of the armed forces who had stopped them together with two colleagues when the four of them were on their way home from work;
(c) An employee of the Jaffna Teaching Hospital and an employee of the Jaffna Municipal Council, reportedly shot and killed on 1 October 1996 by members of the armed forces at the army checkpoint at Thattatheru in Jaffna town;
(d) Naresh Rajadurai, reportedly taken into custody by members of the Special Task Force of Sri Lanka in Colombo on 26 June 1996. His body was reported to have been found some weeks later;
(e) A young Tamil woman, who reportedly died as a result of injuries sustained when she was raped and tortured by members of the armed forces on 30 July 1996 in Madduvil, Jaffna;
(f) A father and his daughter, reportedly stabbed to death by members of the armed forces on 7 August 1996 in Kalvayal, Thenmarachy. It was also alleged that the daughter was gang-raped before she was killed;
(g) A student, reportedly gang-raped and stabbed to death on 15 August 1996 by members of the armed forces in Madduvil. [back to the contents]
Swaziland
Information received and communications sent
370. The Special Rapporteur transmitted an urgent appeal on behalf of officials of the Swaziland Federation of Trade Unions (SFTU) and other trade union activists, after he had been informed that on 3 February 1997, in the context of a trade union-led national strike which began that day, at least 23 executive and ordinary members of the SFTU had been severely assaulted by police and military officers when they were leaving a trade union meeting. In the light of this incident and an alleged announcement by the Prime Minister that he had ordered the police to "shoot to kill" to maintain law and order during the strike, fears had been expressed for the right to life and physical integrity of SFTU officials and other trade union activists (7 February 1997). [back to the contents]
Tajikistan
Observations
371. The Special Rapporteur reiterates his interest in conducting a visit to Tajikistan and regrets that no response was received in this regard despite several requests made in 1994 and 1996. [back to the contents]
Thailand
Information received and communications sent
372. The Special Rapporteur transmitted to the Government of Thailand allegations regarding the violation of the right to life of the following persons:
(a) Reportedly killed by members of the armed forces of Myanmar in attacks on refugee camps in Thailand: Ei Pyin, Ai Pon and U Baw Ga, in or as a result of the attack on Karenni refugee camp No. 2 on 3 January 1997;
(b) Reportedly killed by members of the Democratic Karen Buddhist Army (DKBA), a Karen militia group alleged to be backed by the State Law and Order Restoration Council (SLORC), in attacks on refugee camps in Thailand: one unidentified person, reportedly a Thai trader, during the attack on Don Pa Kiang refugee camp on 28 January 1997; one unidentified person in the attack on Hway Kaloke refugee camp on 28 January 1997; Naw Eh G'Lu Pi alias Maw Ywek Mo, during the attack on Mae La (Beh Klaw) refugee camp on 29 January 1997.
Information received
373. In response to the allegations transmitted to the Government of Thailand during 1997, the Government stated that the attacks which caused the deaths under question were carried out by Myanmar troops belonging to the SLORC and the DKBA. The Special Rapporteur was further informed that the Government of Thailand did its utmost to try to resolve the situation, including measures aimed at preventing the violation of Thai sovereignty and further attacks on those seeking refuge on Thai territory, the reinforcement of forces protecting vulnerable areas near the border, the relocation of displaced person campsites deeper inside Thai territory and the deployment of reconnaissance units to patrol the areas surrounding the campsites (3 September 1997).
374. The Government also provided a reply to two cases transmitted during 1996. In response to the case of Thong-In Kaewwattha, the Government indicated that two suspects were being held in police custody and that the case had been forwarded to the Public Prosecutor's Office for criminal prosecution. It was also stated that it was believed that the murder of Thong-In Kaewwattha was connected with the conflict between him and the supporters of the Waste Treatment Plant planned to be located in the district, and that evidence was being gathered so as to enable the arrest of the persons believed to be behind the murder.
375. In regard to the case of Jun Boonkhunthod, the Government informed the Special Rapporteur that he had been killed when he tried to escape in the course of a police operation searching persons involved in cultivating marijuana. The Special Rapporteur was also informed that since a complaint was lodged that this action was excessive and that the subject in fact did not resist arrest, the responsible police officer was placed in custody and charged with wrongful killing. Furthermore, it was brought to the Special Rapporteur's attention that Jun Boonkhunthod was an ordinary member, and not a leader, of the pressure group "Forum of the Poor" (18 March 1997).
Observations
376. The Special Rapporteur wishes to thank the Government of Thailand for the replies provided. [back to the contents]
Togo
Information received and communications sent
377. The Special Rapporteur communicated allegations to the Government of Togo concerning the deaths of two persons identified as Mr. Azote, gendarmerie captain, who was reportedly shot in the back on 27 January 1996 by several bullets fired by members of the Togolese armed forces; and Mr. Thomas Rupprecht, Counsellor of the German Embassy in Togo, who was shot by soldiers at a checkpoint on 27 March 1996 when he refused, as a diplomat, to allow his car to be searched.
Observations
378. The Special Rapporteur regrets that no reply from the Government had reached him at the time of the writing. He is concerned about the allegations of summary executions that continue to be made against soldiers and about the impunity they enjoy. [back to the contents]
Tunisia
Information received and communications sent
379. The Special Rapporteur has received information that violations of human rights, including violations of the right to life, continue to take place in Tunisia.
380. The Special Rapporteur has transmitted an allegation to the Tunisian authorities that Sheik Mabrouk Zran, a journalist and member of the An-Nahda Movement, who was arrested in 1990, died in prison on 5 May 1997. He was reportedly seriously ill and did not receive proper medical care. [back to the contents]
Turkey
Information received and communications sent
381. It was brought to the Special Rapporteur's attention that, in the context of the conflict between the Turkish authorities and the PKK, extrajudicial, summary or arbitrary executions continued to occur. According to the reports received, women and children have not been spared by either side in the conflict. Since the conflict started, thousands of villages are said to have been destroyed and over 2 million persons displaced. Methods used to empty villages have reportedly included killings, disappearances, sexual violence, devastation of fields and destruction of food stocks. During the first four months of 1996, 69 villages in the province of Sivas and some 100 in the province of Erzrum were reported to have been evacuated.
382. The Special Rapporteur equally received information concerning human rights abuses, including killings, committed by members of the PKK and other armed opposition groups, such as the Turkish Revolutionary Communist Party and the Turkish Liberation Army of Peasants and Workers.
383. The Special Rapporteur was further informed that in October 1997, the state of emergency was lifted in Bingol, Bitlis and Batman provinces.
384. In addition, it was brought to the Special Rapporteur's attention that on 6 March 1997, the Turkish Parliament adopted a law reducing the detention period for "security detainees", that is persons held for offences falling under the 1991 Anti-Terror Law and/or under the jurisdiction of State security courts. Detention periods for security detainees involved in collective crimes, i.e. those committed by three or more persons, were reduced from 30 to 10 days in areas under the state of emergency and from 15 to 7 days elsewhere. Moreover, the maximum detention period for collective criminal offences not under the jurisdiction of State security courts was reduced from 8 to 7 days under this law. The law further provides that detainees have a right to legal counsel after four days of detention.
385. The Special Rapporteur transmitted two urgent appeals to the Government on behalf of persons who had allegedly received death threats. The first urgent appeal was sent on behalf of Abdurrahman Müstak, headman of Yesilyurt village, who filed a petition with the European Commission of Human Rights for the ill-treatment inflicted by Turkish security forces on villagers in 1989. The appeal was also sent on behalf of the villagers who acted as plaintiffs and witnesses in the case. According to the information brought to the Special Rapporteur's attention, acts of harassment and intimidation were committed against them by village guards. In this context it was also brought to the Special Rapporteur's attention that in March 1994 the villagers were awarded compensation to be paid by the Government after a friendly settlement was reached with the Turkish authorities (14 January 1998). An urgent appeal was also sent on behalf of Halil Cabir Karacadagli, President of the Diyarbakir Branch No. 2 of the Tes-Is, the Turkish Union of Energy, Water and Gas Workers, after he had received death threats on 3 April 1997. According to the information received, he was arrested on 9 November 1996 by members of the police, who attempted to intimidate him into acting as a police informer, but in December 1996 he was reported to be released at the first hearing before the Diyarbakir State Security Court. Following his release he allegedly began to receive death threats (28 April 1997).
386. Moreover, the Special Rapporteur sent an urgent appeal on behalf of Jamshid Hashemi, an Iranian asylum seeker who was reportedly to be returned to Iran on 3 or 4 February 1997 because he had failed to register as an asylum seeker within five days of arrival. Fears had been expressed that if he were returned to Iran, he would be at grave risk of extrajudicial, summary or arbitrary execution in view of the fact that several members of his family were reportedly executed in Iran and he was reported to be sought by the authorities for distributing pamphlets produced by the organization Iranian People's Fedayan. The Special Rapporteur requested the Government of Turkey to refrain from expelling him (3 February 1997).
387. In addition, the Special Rapporteur transmitted allegations regarding the violation of the right to life of 23 persons. The following persons were:
(a) Reportedly killed while in custody: Mahmut Onerardi, whose mutilated body was reportedly found on 23 December 1996 near Adiyaman after he had been taken into custody for questioning by three police officers in Lice on 8 December 1996; Atilla Korkmaz, whose mutilated body was reportedly found on 23 December 1996 near Adiyaman, after he had been taken into custody on 9 December 1996 in Diyarbakir; Tevkif Kusum, whose body was reportedly found on 9 January 1997 near Adiyaman after he had been taken into custody on 24 November 1996 in Diyarbakir; Eyup Karabay and Mahir Karabay, whose bodies were reportedly found near the village of Narli in Cukurca after they had been detained on 25 December 1995 by individuals believed to be police officials; Ridvan Karakoc, whose body was reportedly found on 26 March 1995 after he had been arrested by members of the Anti-Terror Team on 15 February 1995; Tahir Ozer and Ali Cetinkaya whose bodies were reportedly found near Malabo village, Baykan, one week after they were reportedly detained by police officers in Siirt on 2 May 1996;
(b) Reportedly killed by the police: Cetin Karaloyun, aged 14, reportedly shot in the head on 9 January 1996 at the Nagazalar police station in Mersin; Irfan Agdas, aged 17, reportedly shot and killed on 13 May 1996 in Istanbul by members of the police when he was distributing a political magazine and tried to escape arrest; Dilan Bayram, aged 2, Berivan Bayram, aged 6, and their father Omer Bayram, reportedly killed during a raid on their house on 8 August 1996 in Adana; Hanifi Gurcan, whose body was reportedly found on 14 January 1996 on the road to Nusaybin close to the Ucyol gendarmerie post, after he had allegedly been threatened by the police not to go to Nusaybin and who disappeared on 9 January 1997 after having left for that town;
(c) Reportedly killed by members of the armed forces: Yavuz Gulden, whose body was reportedly found between Kulp and Lice after he had been abducted on 2 May 1996; Abdullah Canan, whose mutilated body was reportedly found on 21 February 1996 on the Esendere road and who had allegedly been abducted on 17 January 1996 between Yuksekova and Hakkari by members of the armed forces belonging to the Yuksekova Mountain Commando team;
(d) Reportedly killed by village guards: Ahmet Atug, Sukru Demir, Abdulkadir Demir, Husnu Dilmen and Hetti Algan (female), reportedly killed in May 1995 by village guards when they were on their way back to Budalki after having been briefly detained by members of the armed forces. According to the information received, in April 1995, following the killing of a son of a village guard leader in Midyat by PKK members, village guards burned down several houses in Budakli and threatened to kill the villagers unless they became village guards;
(e) Reportedly killed by members of the Special Operations Team: Mehmet Nezir Akinci, reportedly shot dead on 24 August 1995 in Budakli; Osman Acar, reportedly killed on 31 August 1995 at a checkpoint near Budakli.
Communications received
388. The Government provided the Special Rapporteur with replies to allegations transmitted during 1996 as well as to urgent appeals and allegations transmitted during 1997.
389. In response to allegations transmitted during 1996, the Special Rapporteur was informed of the following. With regard to the case of Mustafa Dolek, the Special Rapporteur was informed that the case was sub judice and that he had died as a result of a wound caused by a gun which exploded during a struggle between him and a police officer. With regard to the cases of Abdullah Ilhan, Neytullah Ilhan, Halim Kaya, Ahmet Kaya, Ramazan Nas, Ali Nas, Besir Nas and four unidentified persons, the Government reported that they had died in an attack by members of the PKK on the minibus in which they were travelling and that the case was sub judice. The victims of this attack were stated to be Abdullah Ilhan, Neytullah Ilhan, Halit Kaya, Ahmet Kaya, Ramazan Oruc, Ali Nas, Besir Nas, Abdulhalim Yilmaz, Hamit Yilmaz, Mehmet Oner and Lokman Ozdemir (27 November 1996). The Special Rapporteur was also informed of compensation provided to the families of Yilmaz, Ozdemir, Nas and Oner (17 January 1997). Regarding Selahattin Ekin, Haci Yusuf Daloglu, Kadriye Osay and one unidentified person, the Special Rapporteur was informed that they had died in clashes with the police during an operation conducted against the PKK. In response to the case of Mehmet Senyigit, the Government stated that he had died in a clash with the police (28 November 1996). With regard to the case of Seyhmus Yavus, the Special Rapporteur was informed that no information was found on this incident and that no village named Kuslukbagi exists in Sirnak province (24 January 1997).
390. In response to allegations transmitted during 1997, the Government informed the Special Rapporteur of the following. The cases of Abdullah Canan, Atilla Korkmaz, Ridnan Karakoc and Mehmet Nezir Akinci were stated to be under investigation. In response to the case of Cetin Karakoyun, the Special Rapporteur was informed that the case was sub judice but that it was established that the victim died as a result of a gun of a police officer going off accidently. With regard to Irfan Agdas, the Government stated that he was armed and carried documents of the Revolutionary People's Liberation Party/Front and was killed when he disregarded warnings by three pursuing police officers. In response to the cases of Dilan Bayran, Berivan Bayram and Omer Bayram, the Special Rapporteur was informed that a clash took place between persons in the Bayram house and police officers who were planning to search the house and that the clash was stopped by an explosion in the house after which the three persons were found dead. Regarding the case of Tevfik Kusun, the Government stated that the victim had no record with the police. In response to the allegation regarding the violation of the right to life of Hetti Algan, Ahmet Atug, Sukru Demir, Abdulkadir Demir and Husnu Dilmen, the Government reported that according to the investigation conducted, Hetti Algan and Husnu Dilmen were living in Izmir and Ahmet Atug moved to Nusaybin. Regarding the case of Osman Acar, the Government reported that Osman Acar was killed by members of the PKK and that the case was referred to the Diyarbakir State Security Court (26 August 1997).
391. In response to urgent appeals transmitted during 1997, the Special Rapporteur was informed of the following. With regard to the urgent appeal sent on behalf of Jamshid Hashemi, the Government informed the Special Rapporteur that he was granted refugee status in Spain and that he was allowed to stay in Istanbul for a period of two months to complete the necessary procedures (27 February 1997). In response to the urgent appeal sent on behalf of Abdurrahman Mustak and other villagers of Yesilyurt, the Special Rapporteur received background information on a conflict between Abdurrahman Mustak and Abdullah Madak over the sharing of the compensation money paid in relation to a decision of the European Commission on Human Rights.
Follow-up on request for visit
392. The Special Rapporteur reminded the Government that no progress had been made with regard to a visit to the country requested in 1992 to allow him to better evaluate the allegations received (30 May 1997).
Observations
393. The Special Rapporteur wishes to thank the Government for the replies provided. As the majority of those who died in custody during the past years were reported to be security detainees, the Special Rapporteur welcomes the reduction of detention periods and the improved right to legal counsel for those detainees. The Special Rapporteur also considers the lifting of the state of emergency in Bingol, Bitlis and Batman provinces to be a positive development in view of the fact that links were said to exist between the existence of a state of emergency and persistent impunity in those areas.
394. At the same time, however, he remains concerned about the violations of the right to life committed against civilians in the context of the conflict between the Turkish authorities and the PKK. While recognizing that human rights abuses including killings of civilians are also committed by members of the PKK, the Special Rapporteur reiterates that the right to life is absolute and should be respected even in exceptional circumstances.
395. The Special Rapporteur reiterates his wish to visit Turkey and notes with regret that this year again no progress was made in this regard. [back to the contents]
Turkmenistan
Information received and communications sent
396. The Special Rapporteur transmitted an urgent appeal to the Government of Turkmenistan on behalf of Gulgeldy Annaniyazov, who was reportedly imprisoned after an anti-government demonstration on 12 July 1995. Fears for his life had been expressed as he was reportedly detained at the maximum security prison in Ashgabat alongside violent criminals, who had allegedly been incited by the authorities to harm him (24 February 1997).
397. The Special Rapporteur also transmitted an urgent appeal on behalf of Akhmed Sarygulov, Yagshimurad and Armen Nersisyan, who were reportedly sentenced to death on or around 18 March 1997 by the Supreme Court, acting in this case as a court of first instance, and who therefore had no right to appeal to a higher independent body of justice (7 April 1997).
398. Last, an urgent appeal was sent on behalf of Ashirgeldy Sadyyev, who was reportedly sentenced to death for drug trafficking on 21 May 1997 by the Ashgabat City Court. According to the information received, the charge against him was fabricated allegedly because of his continuing contact with a government opponent (6 June 1997). [back to the contents]
Ukraine
Information received and communications sent
399. The Special Rapporteur was informed that on 28 August 1997 the Ukrainian Ministry of Justice reportedly confirmed that 13 executions had taken place in Ukraine during the first eight months of 1997. One execution reportedly took place after 5 May 1997, when Ukraine signed Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. It had also been brought to the Special Rapporteur's attention that during the same period, 73 persons had been sentenced to death.
400. The Special Rapporteur transmitted two urgent appeals to the Government of Ukraine relating to the imposition of the death penalty on persons who had allegedly been tortured or ill-treated so as to obtain a confession of guilt. In these communications the Special Rapporteur also reminded the Government that upon joining the Council of Europe on 9 November 1995 and signing Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, it committed itself to impose an immediate moratorium on executions and to abolish the death penalty. The first urgent appeal was sent on behalf of Mykola Khokhlich and Aleksey Gaga (14 July 1997), the second on behalf of Sergey Romanov (25 September 1997).
Communications received
401. With regard to the urgent appeal sent on behalf of Mykola Khokhlich and Aleksey Gaga, the Government informed the Special Rapporteur that the men's guilt was proven and corroborated by witnesses' statements, experts' conclusions, material evidence and other material in the case file. The Government also indicated that references at the appeal stage to infringement of Khokhlich's right to defence and to him having given erroneous testimony during the preliminary examination were groundless as they were disapproved by the evidence studied by the court. Lastly, the Government stated that the exceptional penalty of death was imposed on them in accordance with the requirements of the law (15 September 1997).
Observations
402. The Special Rapporteur thanks the Government for the reply provided but regrets that it does not address the main issue of concern, that is any steps taken by the Government to impose a moratorium on executions and to abolish the death penalty, a commitment undertaken by joining the Council of Europe and signing Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms. [back to the contents]
United Arab Emirates
Information received and communications sent
403. The Special Rapporteur transmitted an urgent appeal on behalf of Dananjayan Rajankshan, Mulan Kanomal Dayo Anandan and Syam Sunder Saleesha Amin, Indian nationals who were reportedly sentenced to death on 30 December 1996 and whose appeals were rejected on 5 July 1997, despite the fact that "blood money" was paid to the families of the deceased who subsequently waived the punishment against them (16 July 1997). [back to the contents]
United Kingdom of Great Britain and Northern Ireland
Follow-up
404. The Special Rapporteur transmitted a follow-up communication to the Government concerning several cases to which the Government had replied during 1996.
405. Regarding the case of Shiji Lapite, the Special Rapporteur requested to be informed of the Police Complaints Authority's reasons for not bringing disciplinary charges against the officers involved in his death. The Special Rapporteur also expressed his concern that despite the fact that Shiji Lapite was unlawfully killed, no one was reportedly brought to justice or disciplined for this crime.
406. With regard to the cases of John O'Reilly, Dennis Stevens, Kenneth Severin, Alton Manning, Richard O'Brien, Wayne Douglas, Leon Patterson, Dermott McShane, Pearce Jordan and Patrick Funicane, the Special Rapporteur requested the Government to inform him of any further developments in their respect, as the Government had informed him that these cases were either being investigated or were sub judice.
407. The Special Rapporteur also sought further clarification with regard to the inquest procedure in the United Kingdom and, in particular, the differences in this procedure between England and Wales on the one hand and Northern Ireland on the other. The Special Rapporteur asked what the verdict of "unlawful killing" was in England and Wales, and what was the function of an inquest if not to express opinions on matters of civil and criminal liability. Further, he posed the question why the differences between the inquest procedure in England and Wales on the one hand and Northern Ireland on the other were considered to be of a procedural nature. Lastly, he requested to be informed of the reasons for maintaining differences between the two procedures.
408. With regard to the cases of Mairead Farrell, Daniel McCann and Sean Savage, three members of the Irish Republican Army who were shot dead by members of the British armed forces in Gibraltar in March 1988 and whose cases were transmitted to the Government by the Special Rapporteur in 1988, information was requested on the steps taken by the Government of the United Kingdom in the light of a 1995 judgement by the European Court of Human Rights on this case. [back to the contents]
United Republic of Tanzania
Information received and communications sent
409. During the period under review, the Special Rapporteur transmitted two urgent appeals to the Government. The first urgent appeal was sent on behalf of Burundi refugees in Tanzania. Fears for their life had been expressed if they were to be repatriated in the light of the following reports. According to the information received, 48 refugees, reportedly forcibly returned to Burundi on 5 January 1997, were arrested upon their arrival in Burundi and extrajudicially executed the following day. Subsequently, on 10 January 1997, 126 Burundi refugees were reportedly forcibly returned from Tanzania to Burundi and 122 of them were allegedly shot and killed the same day by members of the Burundi armed forces (5 February 1997).
410. The Special Rapporteur also sent an urgent appeal on behalf of some 100 Zairian nationals when fears were expressed that their life and physical integrity might be at risk if they were to be returned to Zaire. Some of them were reported to be prominent members of President Mobutu's political party, including Sanganira Lugi and Katembo Amri, others were reportedly known as political opponents or critics of the Alliance of Democratic Forces for the Liberation of Congo (AFDL). The Special Rapporteur had been informed that these Zairian nationals were being held by the immigration service in the town of Kigoma in Tanzania and that they had been instructed by the authorities to leave Tanzania by 14 May 1997 and to return to Zaire (16 May 1997).
411. In both urgent appeals, the Special Rapporteur requested the Government to refrain from returning these persons and to provide him with information concerning the allegations and the decision taken in that matter.
Communications received
412. In response to the urgent appeal sent on behalf of the some 100 Zairians held by the immigration department in the town of Kigoma, the Special Rapporteur was informed that no Zairians had been repatriated until then, that some 4,000 Zairians, believed to be mostly members of militias, had voluntarily requested to be repatriated, and that arrangements were being made to hold consultations on this matter between UNHCR and the Governments of Tanzania and the former Zaire (26 May 1997). [back to the contents]
United States of America
413. The Special Rapporteur visited the United States of America from 21 September to 8 October 1997 to examine in situ the situation of the right to life, in particular in connection with the death penalty and the use of force by law enforcement officials. The Special Rapporteur's findings, conclusions and recommendations with regard to his visit can be found in the third addendum to his report to the Commission on Human Rights (E/CN.4/1998/68/Add.3). Also reflected in this document are all communications between the Special Rapporteur and the Government relating to the visit.
Information received and communications sent
414. The Special Rapporteur sent 11 urgent appeals concerning death sentences imposed in the following states: Arizona (1), Georgia (1), Mississippi (1), Missouri (3), Oregon (1), Texas (2) and Virginia (2). The urgent appeals were sent on behalf of the following persons:
(a) Sentenced to death after a trial alleged to fall short of international fair trial standards, including the lack of adequate defence: Ellis Wayne Felker (13 November 1996), Richard Zeitvogel (10 December 1996), Joseph O'Dell (31 December 1996), Roosevelt Pollard (24 February 1997), Joseph Stanley Faulder (30 May 1997), Mario Benjamin Murphy (14 August 1997), Alan Jeffrey Bannister (3 October 1997) and Kenneth Ransom (16 October 1997);
(b) Sentenced to death without resort to the right to lodge a legal or clemency appeal: Harry Moore (7 May 1997);
(c) Sentenced to death, despite mental retardation: Ramon Martinez-Villareal (7 May 1997);
(d) Sentenced to death, despite being under 18 years of age at the time of the commission of the crime: Azikiwe Kambule (5 June 1997).
415. The Special Rapporteur is aware that the following seven persons on whose behalf he appealed between 2 November 1996 and 31 October 1997 were
subsequently executed: Ellis Wayne Felker, Richard Zeitvogel, Harry Moore, Joseph O'Dell, Mario Benjamin Murphy, Alan Jeffrey Bannister and Kenneth Ransom.
Communications received
416. The Government provided a reply in the form of a description of legal safeguards provided to defendants in the United States in criminal cases, and in particular those specific to capital cases, in response to the following urgent appeals transmitted by the Special Rapporteur: Ellis Wayne Felker (20 November 1996), Richard Zeitvogel (10 December 1996), Roosevelt Pollard (26 February 1997), Harry Moore and Ramon Martinez-Villareal (13 May 1997), Joseph Stanley Faulder (4 June 1997), Mario Benjamin Murphy (19 August 1997), Alan Jeffrey Bannister (8 October 1997) and Kenneth Ransom (20 October 1997).
417. In addition, the Government provided further information on the following cases:
(a) Joseph O'Dell. The Special Rapporteur was informed that his execution was stayed by the Supreme Court on 17 December and that on 19 December the Court agreed to review his case. It was explained that his stay of execution was not related to his claim of innocence, which had been rejected by all 14 judges who reviewed his case, and that DNA testing had, in fact, shown a match between the victim's blood and a blood stain found on O'Dell's jacket (18 December 1996 and 17 January 1997);
(b) Ramon Martinez-Villareal. The Government provided a summary of the proceedings and subsequently informed the Special Rapporteur that his execution had been indefinitely postponed pending a hearing by the US Ninth Circuit Court of Appeals on his petition that he is incompetent to be executed (20 and 23 May 1997);
(c) Harry Moore. The Special Rapporteur was informed that he was executed as scheduled on 16 May 1997, that his conviction had been subject to automatic appeal to the Supreme Court of Oregon and that his execution was not scheduled until that appeal had been concluded. In addition, the Special Rapporteur was informed that he had had the right to seek executive commutation of his death sentence to life imprisonment or an executive pardon (21 May 1997 and 12 June 1997);
(d) Alan Jeffrey Bannister. The Special Rapporteur was informed of the proceedings and of his execution as scheduled on 22 October 1997 (28 October 1997);
(e) Azikiwe Kambule. The Special Rapporteur was informed that he was no longer facing the possibility of a death sentence as on 16 June 1997 he had been sentenced to 35 years in prison for carjacking and accessory after the fact to murder (19 June 1997);
(f) Mario Benjamin Murphy. The Special Rapporteur was informed that he was executed as scheduled on 17 September 1997. It was further emphasized that, even though the Federal District Court Judge and the Federal Appeals Court found that Murphy's claim with respect to the Vienna Convention on Consular Relations was barred by his failure ever to have raised the claim in state court, both of the federal courts concluded that Mario Benjamin Murphy had not been prejudiced by the alleged violation, as he had pleaded guilty to murder and was represented by competent, retained counsel throughout the trial proceedings (24 September 1997);
418. The Government of the United States of America also provided a reply to several cases transmitted during 1996. In response to the cases of Anthony Baez and Annibal Carrasquillo, the Government indicated that the cases were under investigation by the Department of Justice. With regard to the case of Aswon Watson, the Special Rapporteur was informed that the case was under investigation by the United States Attorney's Office in New York and the Civil Rights Division of the Department of Justice. The Special Rapporteur was further informed that concerning the case of Frankie Arzuega no information was available from the Department of Justice (18 November 1997). [back to the contents]
Uruguay
419. The Government provided a copy of the file in the proceedings against the police officers charged in the case of Fernando Moroni (27 November 1996). In this connection, the Government attached a copy of the judgement in second instance which was handed down by an appeal court and confirms that three police officers were tried in connection with the incidents which caused the death of Fernando Moroni (17 July 1997). [back to the contents]
Venezuela
Information received and communications sent
420. The Special Rapporteur was informed that, from November 1994 to October 1995, 274 persons died at the hands of State security bodies. It was also reported that, in many of these cases, police officers killed offenders and then claimed that clashes had taken place. The security bodies alleged to be the most involved in human rights violations are the State Police, the National Guard and the Metropolitan Police. It is noted that the State Police are apparently responsible for 33 per cent of deaths during the period under review.
421. The Special Rapporteur transmitted an urgent appeal to the Government requesting that the necessary measures should be taken to protect the right to life of Luis Jesús Bello, director of the Apostolic Vicariate's Human Rights Office in Puerto Ayacucho, Amazonas, who was threatened with death during an interview at a local radio station with the director of an industrial company in the area. The Vicariate reportedly launched a campaign on behalf of various Indian communities in the State of Amazonas, whose members were being evicted by industrial company officials acting with the acquiescence of the local authorities.
422. The Special Rapporteur also transmitted complaints to the Government about violations of the right to life of the following persons:
(a) Killed by members of the Metropolitan Police: Esteban Alexander Ugueto in La Pedrera, Carretera Vieja, Caracas-La Guaira, on 26 March 1995; José Monsalve Méndez, in Caracas on 10 June 1995; Richard Cordova, in Caracas on 25 April 1995; and Ramón Ernesto Parra and Irvin Leonardo Moreno, in Caracas on 4 May 1997;
(b) Killed by members of the Municipal Police: José Luis Pimentel Ramírez, who was killed in Caracas on 9 May 1995 by members of the Sucre Municipal Police;
(c) Killed by members of the Police (no indication of which branch): Richard López Plaz, who died at Maracay Medical Centre on 18 March 1995 as a result of shots fired by the police during an altercation; César Bellavilla, who died on 7 February 1995 in El Tigre, Anzoategui;
(d) Minors: Wilmara Velasquez, aged 13, died on 10 June 1995 in San Cristóbal, Tachira State, when members of the police tried to stop a family fight; José Luis Rodríguez Abreu, aged 16, killed on 3 February 1995 by members of the Metropolitan Police in Calle Estanque, Coche Parish.
423. The Special Rapporteur also transmitted complaints in connection with the death of Alexander Arias, who was killed in Caracas on 19 April 1995 by shots fired by a National Guard officer.
Communications received
424. The Government provided information on complaints transmitted in 1996 and 1997. It reported to the Special Rapporteur that the Office of the Attorney-General of the Republic had ordered Government Procurator's Office No. 39 to investigate the case of threats against Alexander José Pimentel and to take the necessary action to determine who was responsible (28 November 1996).
425. In connection with the incidents at La Planta Prison in which 27 prisoners died, the Government provided a list of the deceased. It reported that a fire had broken out in cellblocks Nos. 3 and 4; its causes have not yet been determined, but are being investigated. The case is being heard by Criminal Court of First Instance No. 16, Public Property Protection Court of First Instance No. 49 and Permanent Military Court of First Instance No. 3 in Caracas, since members of the National Guard appear to be involved. Three members of the National Guard and a warder have been the subject of judicial measures restricting their freedom because criminal liability appears to exist (2 December 1996).
426. With regard to the Colombian national, Jairo Gamboa, the Government reported that the Guasdalito Sectional Judicial Police's Technical Body had conducted investigations into the case and that attempts to locate witnesses had so far been unsuccessful (7 August 1997).
Observations
427. The Special Rapporteur thanks the Government for the replies transmitted. He is concerned about the increase in complaints of violations of the right to life received by his office. He urges the Government to investigate alleged violations of the right to life exhaustively and impartially, to identify the persons responsible for such violations and to bring them to justice. [back to the contents]
Viet Nam
Information received and communications sent