Extrajudicial, summary or arbitrary executions:

QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL
FREEDOMS, IN ANY PART OF THE WORLD, WITH PARTICULAR
REFERENCE TO COLONIAL AND OTHER DEPENDENT
COUNTRIES AND TERRITORIES

Extrajudicial, summary or arbitrary executions

Report by the Special Rapporteur, Mr. Bacre Waly Ndiaye, submitted
pursuant to Commission on Human Rights resolution 1994/82

CONTENTS

1. The present report is submitted pursuant to Commission on Human Rights resolution 1994/82 of 9 March 1994, entitled "Extrajudicial, summary or arbitrary executions". This report is the third presented to the Commission on Human Rights by Mr. Bacre Waly Ndiaye. It is the twelfth since the mandate was established by the Economic and Social Council in its resolution 1982/35 of 7 May 1982.

2. Chapter I of the present report contains the terms of reference for the discharge of the mandate in conformity with the aforementioned resolution and for requests, made to the Special Rapporteur by the Commission on Human Rights in other resolutions, to pay particular attention to a number of issues related to violations of the right to life, as well as an overview of the types of violations that fall within the mandate. Chapter II briefly refers to the methods of work applied by the Special Rapporteur in the discharge of his mandate. In chapter III, the Special Rapporteur presents an account of the activities he has undertaken during the past years. More details on the Special Rapporteur's work with regard to specific countries can be found in chapter IV, which contains an analysis of the information received concerning violations of the right to life, a summary of the allegations transmitted to Governments and received from them as well as follow-up with authorities and sources, and, where appropriate, specific comments, conclusions and observations. Finally, in chapter V, the Special Rapporteur sets forth his conclusions and closes his report with recommendations designed to improve respect for the international instruments and standards to which his mandate refers. The Special Rapporteur's introductory statement in which he presented his report to the Commission on Human Rights at its fiftieth session is included as annex to the present report.

3. The findings and concerns of the Special Rapporteur with regard to the situation of the right to life in East Timor on the basis of an on-site visit there in July 1994 are contained in an addendum to the present report (E/CN.4/1995/61/Add.1). The report on the Special Rapporteur's mission to Colombia, carried out in October 1994 jointly with the Special Rapporteur on the question of torture, is contained in a second addendum E/CN.4/1995/111). These mission reports also contain observations, conclusions and recommendations.

4. As in former years, the Commission on Human Rights, in resolution 1994/82, requested the Special Rapporteur to continue to examine situations of extrajudicial, summary or arbitrary executions (para. 5) and to pay special attention to extrajudicial, summary or arbitrary executions of children and women and to violations of the right to life in the context of violence against participants in demonstrations and other peaceful manifestations or against persons belonging to national or ethnic, religious and linguistic minorities (para. 8). In the same resolution, the Commission also requested the Special Rapporteur to continue monitoring the implementation of existing standards on safeguards and restrictions relating to the imposition of capital punishment (para. 10).

5. Several other resolutions of the Commission on Human Rights also have a bearing on the Special Rapporteur's mandate, as they set forth requests to special rapporteurs to pay particular attention to a number of issues within the framework of their mandates:

(a) In resolution 1994/22, entitled "Rights of persons belonging to national or ethnic, religious and linguistic minorities", the Special Rapporteur is urged to continue to give due regard to the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities;

(b) In resolution 1994/33, entitled "Right to freedom of opinion and expression", the Special Rapporteur is invited to pay attention, in the framework of his mandate, to the situation of persons detained, subjected to violence, ill-treated or discriminated against for having exercised the right to freedom of opinion and expression;

(c) In resolution 1994/34, entitled "Human rights in the administration of justice", the Special Rapporteur is called upon to continue to provide, wherever appropriate, specific recommendations concerning effective protection of human rights in the administration of justice, including proposals for concrete measures under the United Nations programme of advisory services and technical assistance in the field of human rights;

(d) In resolution 1994/42, entitled "Staff members of the United Nations and of the specialized agencies in detention", the Special Rapporteur is requested to examine, as appropriate, the cases involving the human rights of staff members of the United Nations system and their families, as well as experts, special rapporteurs and consultants, and to transmit the relevant part of his report to the Secretary-General for inclusion in his report to the Commission on Human Rights;

(e) In resolution 1994/45, entitled "Question of integrating the rights of women into the human rights mechanisms of the United Nations and the elimination of violence against women", the Special Rapporteur is requested to include regularly and systematically in his report available information on human rights violations against women;

(f) In resolution 1994/46, entitled "Human rights and terrorism", the Special Rapporteur is urged to address, as appropriate, the consequences of acts, methods and practices of terrorist groups in his report to the Commission on Human Rights;

(g) In resolution 1994/53, entitled "Human rights and thematic procedures", the Special Rapporteur is requested, inter alia, to include in his report gender-disaggregated data and to address the characteristics and practice of violations of the right to life that are specifically or primarily directed against women, or to which women are particularly vulnerable;

(h) In resolution 1994/66, entitled "Human rights and mass exoduses", the Special Rapporteur is called upon to seek information, where appropriate, on problems resulting in mass exoduses of populations or impeding their voluntary return home and, where appropriate, to include such information, together with recommendations thereon, in his report to the Commission on Human Rights;

(i) In resolution 1994/67, entitled "Civil defence forces", the Special Rapporteur is invited to continue to pay due attention to the matter of civil defence forces in relation to the protection of human rights and fundamental freedoms;

(j) In resolution 1994/69, entitled "Advisory services and the Voluntary Fund for Technical Cooperation in the Field of Human Rights", the Special Rapporteur is invited to continue to include in his recommendations, whenever appropriate, proposals for specific projects to be realized under the programme of advisory services;

(k) In resolution 1994/70, entitled "Cooperation with representatives of United Nations human rights bodies", the Special Rapporteur is requested to continue to take urgent steps to help prevent the occurrence of intimidation and reprisals against persons who seek to cooperate, or have cooperated with, United Nations human rights procedures, as well as relatives of victims of human rights violations, and to continue to include in his report to the Commission on Human Rights a reference to allegations of intimidation or reprisal, or of hampering access to United Nations human rights procedures, as well as an account of action he has taken in this regard;

(l) In resolution 1994/93, entitled "The plight of street children", the Special Rapporteur is called upon to pay particular attention to the plight of street children;

(m) In resolution 1994/95, entitled "World Conference on Human Rights", the Special Rapporteur is requested to include in his report, where appropriate, a section on the implementation of the recommendations contained in the Vienna Declaration and Programme of Action.

6. In examining and analysing the information brought to his attention, the Special Rapporteur has taken into consideration these requests by the Commission on Human Rights. Reference to the issues concerned will be made in chapter V, within the analysis of the Special Rapporteur's activities and the procedures applied in the framework of his mandate.

7. The "situations of extrajudicial, summary or arbitrary executions" which the Special Rapporteur is requested to examine comprise a variety of cases. All acts and omissions of State representatives that constitute a violation of the general recognition of the right to life embodied in the Universal Declaration of Human Rights (art. 3) and the International Covenant on Civil and Political Rights (art. 6 and also arts. 2, 4 (2), 26 and, particularly with regard to the death penalty, also arts. 14 and 15), as well as a number of other treaties, resolutions, conventions and declarations adopted by competent United Nations bodies, fall within his mandate. They may be grouped according to the following categories:

(h) Breach of the obligation to provide compensation to victims of violations of the right to life.

8. A detailed analysis of these categories, together with a summary of the provisions contained in international instruments specifically relating to them, can be found in chapter II of the Special Rapporteur's report to the Commission on Human Rights at its forty-ninth session (E/CN.4/1993/46, paras. 42-68). A list of the most important international instruments which constitute the legal framework for the work of the Special Rapporteur is contained in his report to the Commission on Human Rights at its fiftieth session (E/CN.4/1994/7, para. 10).

9. In resolution 1994/82, the Commission on Human Rights requested the Special Rapporteur "to respond effectively to information which comes before him, in particular when an extrajudicial, summary or arbitrary execution is imminent or threatened, or when such an execution has occurred" (para. 6). By the same resolution, the Commission commended the Special Rapporteur "for his methods of following up on communications with Governments and sources of information", and encouraged him "to enhance further his dialogue with Governments as well as to follow up on recommendations made in reports after visits to particular countries" (para. 7). Furthermore, the Commission welcomed "the cooperation established between the Special Rapporteur and other United Nations mechanisms and procedures in the field of human rights, as well as with medical and forensic experts", and [encouraged him] to continue efforts in this regard (para. 11).

10. Resolution 1994/53 of the Commission contains a number of provisions regarding visits and follow-up visits by thematic special rapporteurs: follow-up on recommendations made by them as well as on progress made by Governments with regard to their specific mandates; cooperation between thematic procedures and non-governmental organizations as well as between thematic special rapporteurs and working groups, relevant treaty monitoring bodies and country rapporteurs.

11. On the basis of these provisions, the Special Rapporteur has continued to transmit allegations of violations of the right to life received from credible sources to the Governments concerned. As in former years, such communications took the form of urgent appeals where violations of the right to life were said to be imminent or threatened. In such cases, the Special Rapporteur called on the authorities to adopt the necessary measures for the protection of the right to life and physical integrity of the persons at risk. Where it was reported to the Special Rapporteur that extrajudicial, summary or arbitrary executions had already taken place, these allegations were transmitted to the Governments in summarized form, and the Special Rapporteur asked to be provided with detailed information concerning the investigations carried out by the competent authorities to clarify the facts and identify those responsible, as well as steps taken to bring the authors of such violations to justice and sanction them, grant adequate compensation to the victims or their families and prevent the future recurrence of violations of the right to life. To the extent possible, the Special Rapporteur followed up on these allegations and the replies received from Governments which could not be considered as final. Visits, consultations with a number of other United Nations mechanisms for the protection of human rights, as well as activities to promote the mandate, also continued to form part of the Special Rapporteur's methods of work, a detailed account of which can be found in chapter III below.

12. In his report to the Commission on Human Rights at its fiftieth session, the Special Rapporteur described in detail the procedures established within the framework of the mandate on extrajudicial, summary or arbitrary executions, efforts undertaken to refine these procedures and increase their effectiveness, as well as difficulties encountered in the practice of their application (E/CN.4/1994/7, paras. 17-67). Issues concerning procedural matters will be discussed in chapter V which contains, inter alia, the Special Rapporteur's analysis of the developments of the working of his mandate during the past year.

13. The following sections give an account of the activities carried out by the Special Rapporteur in the implementation of the mandate entrusted to him by the Commission on Human Rights.

14. The Special Rapporteur visited Geneva from 23 February to 1 March 1994. On 2 March 1994, he presented his report to the Commission on Human Rights. The Special Rapporteur also visited Geneva from 24 May to 3 June 1994, 18 to 21 June 1994, 20 to 22 July 1994, 14 to 23 September 1994 and 21 to 25 November 1994 for consultations with the Secretariat. During his visits to Geneva, he met with the High Commissioner for Human Rights, a number of other special rapporteurs, representatives and members of working groups of the Commission on Human Rights. He also held meetings with representatives of Governments and non-governmental organizations, as well as with individuals who have themselves been victims of, or witnesses to, violations of the right to life. During 24 and 25 May 1994, the Special Rapporteur participated in the third special session of the Commission on Human Rights, dedicated to the situation in Rwanda.

15. Furthermore, from 30 May to 1 June 1994, the Special Rapporteur participated in the meeting of special rapporteurs/representatives/experts and chairpersons of working groups of the special procedures of the Commission on Human Rights and of the advisory services programme of the Centre for Human Rights in Geneva, convened by the Assistant Secretary-General for Human Rights and chaired by the Chairman of the Working Group on Enforced or Involuntary Disappearances, with the participation of the High Commissioner for Human Rights.

16. The Special Rapporteur continued to receive numerous reports and allegations concerning his mandate. As in the past, some of them referred to the phenomenon of extrajudicial, summary or arbitrary executions in general; others contained particular cases of alleged extrajudicial, summary or arbitrary executions. This information was processed and allegations sent to the Governments concerned in accordance with the methods of work established within the framework of the mandate. The efforts made during 1993 to enhance follow-up with Governments and sources of information translated into an increased number of follow-up communications received during 1994. The Special Rapporteur continued his endeavour to follow up on the cases transmitted to Governments since he assumed his functions in June 1992.

17. In total, the Special Rapporteur transmitted to the Governments concerned allegations he had received concerning violations of the right to life of more than 3,000 persons in 65 countries. A total of 152 cases concerned alleged extrajudicial executions or death threats where the victims were minors, 9 of whom were said to be under 10 years of age, 10 street children; 118 cases concerned alleged violations of the right to life of women. / As in the past, it should be noted that these figures do not necessarily reflect the actual proportion of minors and women among the victims of alleged violations of the right to life. They constitute cases in which the age or sex of persons identified by their names has been specifically indicated by the Special Rapporteur./ More than 520 persons were said to have been killed or threatened with death for exercising their right to freedom of opinion and expression, peaceful assembly and association. In 19 countries, members of indigenous groups or other ethnic, national, religious or linguistic minorities were said to have been victims of violations of the right to life.

18. Since 23 November 1993, the date of the finalization of his report to the Commission on Human Rights at its fiftieth session, the Special Rapporteur has sent 203 urgent appeals concerning more than 2,300 persons to the following 53 countries: Angola, Argentina, Bangladesh, Bosnia and Herzegovina, Brazil, Burundi, Cambodia, Cameroon, Central African Republic, Chad, Colombia, Costa Rica, Cuba, Djibouti, Egypt, El Salvador, Ethiopia, Gabon, Guatemala, Haiti, Honduras, India, Iran (Islamic Republic of), Iraq, Israel, Kazakhstan, Kuwait, Kyrgyzstan, Lebanon, Mexico, Myanmar, Nepal, Nigeria, Pakistan, Peru, Philippines, Portugal, Rwanda, Sierra Leone, Singapore, South Africa, Tajikistan, Togo, Trinidad and Tobago, Turkey, Ukraine, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United States of America, Uzbekistan, Venezuela, Yemen and Zaire.

19. Pursuant to Commission on Human Rights resolution 1994/70, the Special Rapporteur sent urgent appeals to the Governments of Argentina, Colombia, Guatemala, Honduras, Peru and Rwanda on behalf of persons or organizations which had allegedly received death threats after availing themselves of United Nations procedures for the protection of human rights.

20. Allegations concerning the extrajudicial, summary or arbitrary execution of over 700 persons were transmitted to the following 45 countries: Afghanistan, Angola, Argentina, Bangladesh, Bolivia, Brazil, Cambodia, Cameroon, Chile, China, Colombia, Djibouti, Egypt, El Salvador, Ethiopia, Guatemala, Honduras, India, Indonesia, Iran (Islamic Republic of), Israel, Italy, Japan, Lebanon, Mali, Mexico, Morocco, Myanmar, Nepal, Niger, Nigeria, Pakistan, Peru, Philippines, Saudi Arabia, South Africa, Sri Lanka, Syrian Arab Republic, Togo, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay, Venezuela and Zaire.

21. The Special Rapporteur would like to thank all those who provided him with information. He wishes to express his particular appreciation and admiration for those individuals or organizations which carry out their activities for the defence of human rights and, in particular, the right to life, under difficult circumstances and often at great personal risk.

22. Since the finalization of his report to the Commission on Human Rights at its fiftieth session, the Special Rapporteur has received a large number of replies. The following Governments provided such replies concerning allegations transmitted to them:

(a) In 1994: Angola, Argentina, Bangladesh, Brazil, Burundi, Colombia, Costa Rica, Egypt, Gabon, Guatemala, India, Iran (Islamic Republic of), Iraq, Italy, Japan, Kazakhstan, Kuwait, Mali, Mexico, Myanmar, Nepal, Nigeria, Peru, Philippines, Saudi Arabia, Syrian Arab Republic, Togo, Turkey, Ukraine, United Kingdom of Great Britain and Northern Ireland, Uzbekistan, Venezuela and Zaire;

(b) In 1993: Angola, Argentina, Bangladesh, Brazil, Chile, China, Colombia, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Guatemala, India, Kuwait, Malaysia, Mexico, Nicaragua, Pakistan, Peru, Philippines, Sri Lanka, Sudan, Turkey and Venezuela;

23. The Special Rapporteur wishes to thank these Governments for the information provided. Their willingness to cooperate with his mandate is much appreciated, and the Special Rapporteur hopes that the dialogue thus initiated will continue, in the common interest of the protection of the right to life.

24. In accordance with the procedures established, the contents of the replies received were sent to the sources of the allegations, some of which provided the Special Rapporteur with their comments and observations thereon. The Special Rapporteur also sent follow-up letters to a number of Governments from which he had received replies that could not be considered as final.

25. A number of Governments have not replied to allegations of extrajudicial, summary or arbitrary executions brought to their attention. For a detailed analysis of the responses of Governments to the allegations transmitted to them and the effectiveness of the follow-up procedures established within his mandate, the Special Rapporteur refers to chapter V below.

26. From 3 to 13 July 1994, the Special Rapporteur visited Indonesia and East Timor, after the Government of Indonesia extended an invitation to him to do so, pursuant to Commission on Human Rights resolution 1993/97. The Special Rapporteur's report on this visit, which includes his findings, conclusions and recommendations, was published in November 1994 (E/CN.4/1995/61/Add.1).

27. From 17 to 26 October 1994, the Special Rapporteur undertook a visit to Colombia with a view to examining the current situation of violations of the right to life and, particularly, to following up on the recommendations made by his predecessor as Special Rapporteur on Summary or arbitrary executions, Mr. S. Amos Wako, after his visit to Colombia in October 1989 (E/CN.4/1990/22 and Add.1). Given the affinity between problems relating to the right to life and the right to physical integrity, as well as the fact that both Special Rapporteurs had received invitations from the Government of Colombia to visit the country, the mission was carried out jointly with the Special Rapporteur on the question of torture, Mr. Nigel S. Rodley. Their joint report is presented to the Commission on Human Rights in a separate document (E/CN.4/1995/111).

28. At present, the Special Rapporteur is in possession of open invitations from the Governments of Algeria, Azerbaijan, Burundi, Gabon and Sri Lanka. Both the visit to Burundi, scheduled for April 1994 and the visit to Azerbaijan, planned for the second half of August 1994, had to be postponed to a later date in view of the urgent situation in Rwanda, which forced the Special Rapporteur to review his mission schedule for 1994. For the visits to Algeria and Sri Lanka, the Special Rapporteur has not yet been in a position to suggest dates for a possible visit to the Governments concerned. With regard to a possible visit to Gabon, reference is made to paragraph 139 of the present report.

29. Consultations with the Government of India concerning a possible visit have not advanced since 1993. The Government of Bangladesh refused to extend an invitation to the Special Rapporteur, while the Government of Turkey, in 1992, agreed to the principle of a visit but has since eschewed all attempts by the Special Rapporteur to set concrete dates for such a visit.

30. No replies have as yet been received from the following Governments, which the Special Rapporteur had approached regarding the possibility of conducting a visit: China, Tajikistan and the United States of America.

31. For further details, reference is made to the corresponding country sections contained in the present report.

32. The year 1994 saw a marked increase in cooperation and coordination between the different experts of the Commission on Human Rights. One of the major events in this regard was the meeting of special rapporteurs/ representatives/experts and chairpersons of working groups of the special procedures of the Commission on Human Rights and of the advisory services programme of the Centre for Human Rights held from 30 May to 1 June 1994 in Geneva. The Special Rapporteur very much welcomed this opportunity to meet his colleagues and discuss issues of common concern. The results of these consultations are contained in a report prepared by the Special Rapporteur on the question of torture, who acted as rapporteur of the meeting (E/CN.4/1995/5, annex).

33. The practice of joint missions, first instituted under the mandate of the Special Rapporteur on the situation of human rights in the former Yugoslavia in 1992, was continued in 1994. Unfortunately, the first such initiative planned for the month of April - a joint visit to Burundi and Rwanda with the Representative of the Secretary-General on internally displaced persons - had to be abandoned due to the outbreak of the armed conflict in Rwanda on 6 April 1994. However, two joint missions could take place during 1994.

34. From 10 to 20 June 1994, at the invitation of the Special Rapporteur on the situation of human rights in Rwanda, Mr. Ren� Degni-S�gui, the Special Rapporteur participated in the first mission of this newly established mandate to Rwanda and neighbouring countries. The Special Rapporteur on the question of torture also took part in this visit. Due to the difficult situation then prevailing in Rwanda and the resulting logistical constraints affecting transport to, and accommodation in, Kigali, the mission was obliged to split. Thus, the Special Rapporteur accompanied Mr. Degni-S�gui to Bujumbura (Burundi) and Nairobi (Kenya), and then visited the refugee camp of Benaco (United Republic of Tanzania) on behalf of the Special Rapporteur on the situation of human rights in Rwanda. The conclusions and recommendations resulting from this joint mission are contained in Mr. Degni-S�gui's first report to the Commission on Human Rights, presented on 29 July 1994 (E/CN.4/1995/7).

35. From 17 to 26 October 1994, the Special Rapporteur visited Colombia, together with the Special Rapporteur on the question of torture. It should be noted that this was the first joint mission of two thematic special rapporteurs. The Special Rapporteur feels that in a context such as the situation in Colombia, where violations of the right to life and the right to physical integrity are very much linked, the combined experience and expertise of the two mandates were most beneficial to the success of the mission.

36. Furthermore, during his visits to Geneva, the Special Rapporteur had the opportunity to exchange views with the High Commissioner for Human Rights, particularly on the situation in Rwanda and Burundi. As in former years, he held informal consultations with several other special rapporteurs and members of working groups of the Commission on Human Rights. Exchange of information also continued with the Committee on the Rights of the Child and other treaty bodies, particularly the Human Rights Committee, and with the United Nations High Commissioner for Refugees, concerning some specific cases of common interest. During his missions, the Special Rapporteur also benefited from the support and cooperation of the UNDP resident representatives in Bujumbura, Jakarta and Bogot� as well as the United Nations Rwanda Emergency Office (UNREO) in Nairobi.

37. The Special Rapporteur notes with regret that no reply was received to his inquiries about steps taken by those responsible for the United Nations peace-keeping operation in Somalia to investigate allegations of involvement of their personnel in extrajudicial killings of civilians. His attempts to establish contacts with the Crime Prevention and Criminal Justice Branch of the United Nations Centre for Social Development in Vienna were also unsuccessful. The Special Rapporteur will again approach these institutions and hopes that contacts may be made in the near future.

38. From 28 to 31 March 1994, the Special Rapporteur delivered a speech on human rights in Africa at a conference organized by the African-American Institute in Accra. On 24 May 1994, the Special Rapporteur participated in a special meeting on the situation in the countries of the Grands Lacs region (Rwanda, Burundi, Zaire), organized by the World Organization against Torture in Geneva. From 27 to 30 June 1994, the Special Rapporteur participated in a meeting on human rights and structural adjustment programmes in Ouagadougou. Following his mission to East Timor, on 15 July 1994 the Special Rapporteur visited Australia at the invitation of the Australian section of Amnesty International. Finally, on 1 November 1994, he gave a lecture on his mandate at Hunter College, City University of New York.

39. In September 1994, the Special Rapporteur was awarded the Human Rights Prize 1994 by the International Service for Human Rights in Geneva. In his address at the ceremony, the Special Rapporteur referred to a number of questions related to his work, in particular the serious limitations caused by the scarcity of human and material resources at his disposal.

40. The Special Rapporteur also contributed an article to a publication of the French section of Amnesty International, aimed at raising public awareness of the problem of extrajudicial, summary or arbitrary executions. In addition, the Special Rapporteur tried to explain the purpose and working of his mandate to a broader public in a number of press interviews.

IV. SITUATIONS

A. General

41. The following sections contain an overview of country-specific situations. They present a short summary of allegations of violations of the right to life as well as general information pertinent to his mandate received by the Special Rapporteur during the past year and an account of the communications sent, in response to these allegations, to the Governments concerned, as well as of replies received from Governments. As concerns the replies received from Governments, those referring to allegations transmitted by the Special Rapporteur in 1992 and 1993 are included under the heading "Follow-up", together with communications in which he asked the Governments concerned to provide details in addition to those contained in the replies received. Finally, where appropriate, the Special Rapporteur concludes the country sections with observations that contain specific comments, conclusions and recommendations.

42. The present report contains an account of all communications sent and government replies received by the Special Rapporteur between 23 November 1993 and 25 November 1994, with the exception of a reply from China which was received on 19 November 1993 but could not be translated before the closing date for the preparation of the Special Rapporteur's report to the Commission on Human Rights at its fiftieth session. It should be noted that, unless otherwise specified in the text, the dates of urgent appeals sent and communications received from Governments are given in parenthesis. During 1994, the Special Rapporteur sent letters containing allegations on two occasions, namely on 3 June and on 23 September 1994. Unless otherwise stated, follow-up letters were also sent on 23 September 1994.

43. Due to severe limitations on the length of the present report, the Special Rapporteur was compelled to shorten considerably this overview of information received and activities carried out for each specific country. In most cases, he could no longer present a summary of the cases he dealt with, but had to limit himself to listing the names of those on whose behalf he intervened. While he regrets this limitation, which inevitably entails a reduction of the information contained in the present report, the Special Rapporteur wishes to emphasize that full details on each of these cases can be obtained from the Secretariat.

44. During 1994, the Special Rapporteur received reports indicating that the armed conflict between different factions continued unabated, causing the death of more than 3,000 civilians during the first half of the year. However, he received only one case containing enough information to enable it to be transmitted to the Government. These allegations concerned the death of Mir Wais Jalil, BBC World Service journalist, after having been abducted in Kabul on 29 July 1994. By the time the present report was finalized, no reply had been received from the Government. With regard to an analysis of the situation prevailing in Afghanistan, reference is made to the report of the Special Rapporteur on the situation of human rights in the country, Mr. Felix Ermacora (E/CN.4/1995/64).

45. During 1994, the Special Rapporteur received reports indicating that violations of the right to life continued on an alarming scale. Security forces were said to counter acts of violence by Islamist groups through repressive measures throughout the country. According to press reports, the number of death sentences handed down by Special Courts had reached 489 by mid-May. Six death sentences were said to have been carried out by that date. The Special Rapporteur has not received any allegations containing specific cases during the past year.

46. Further to his urgent appeal of 1 July 1993 (see E/CN.4/1994/7, para. 107), the Special Rapporteur, on 3 December 1993, sent a letter to the Government of Algeria expressing concern at a number of provisions contained in Decree No. 92-30 of 30 September 1992, in particular, an extension of the death penalty to offences previously punishable with life imprisonment; the Decree also contained a number of limitations with regard to defendants' rights, resulting in a lower standard of procedural rights for defendants in Special Court by comparison with ordinary courts. The Special Rapporteur also expressed concern with regard to restrictions on the full exercise of right to appeal in proceedings before Special Courts and the possibility that, under Decree No. 92-30, death sentences might be imposed on persons between 16 and 18 years of age.

47. On 8 February 1994, the Government replied to this letter, explaining that the exceptional limit of 12 days for garde-�-vue detention corresponded to the degree of gravity, amplitude and complexity inherent in terrorism cases. The Government pointed out that the right to appeal was fully guaranteed through the review by cassation, by which the Supreme Court could decide to refer the case to the same Special Court, but with a different composition, or to another Special Court. In such cases, new proceedings were started, allowing for the review of the facts by a different jurisdiction. The provision enabling Special Courts to sentence minors between 16 and 18 years of age to death has never been applied. It was pointed out that this provision had a deterrent character and was meant to warn young people. It should make them reflect thoroughly before joining the Islamic Salvation Front (FIS) and alert parents to exercise their authority to prevent their children from engaging in terrorism and subversion. Furthermore, the Government pointed out that death sentences handed down in absentia were subject to appeal, once the defendants were apprehended, and should therefore not be included in the number of death sentences handed down. Thus, as at 31 December 1993, 5,752 persons had been tried by Special Courts; the number of definitive death sentences handed down, i.e. with the defendants present, was 22.

48. The Special Rapporteur wishes to thank the Government for the information provided and their willingness to cooperate. However, his concerns regarding procedural shortcomings before the Special Courts persist, even if the number of executions actually carried out appears to be small. Similarly, the fact that the possibility of sentencing to death, and executing, minors exists under the law constitutes a breach of the prohibition of capital punishment for crimes committed by minors contained in article 6, paragraph 2, of the International Covenant on Civil and Political Rights and article 37 (a) of the Convention on the Rights of the Child. The Special Rapporteur reiterates his appeal to the authorities to revise its legislation so as to make it conform to the pertinent international standards.

49. The Special Rapporteur is also deeply concerned at the continuing conflict and the large numbers of victims on both sides, in particular civilians. Reports of killings of numerous persons who expressed criticism at the ongoing violence, including teachers, journalists, lawyers and judges, are particularly disturbing. The Special Rapporteur wishes to emphasize that, even when confronting an armed opposition whose members very often show total disrespect for the right to life and the physical integrity of security forces and civilians, law enforcement personnel are bound by international law to respect fully the restrictions on the use of force and firearms as contained in a number of international instruments. The Special Rapporteur appeals to the Government to ensure this respect in practice. He also urges the authorities to conduct exhaustive and impartial investigations into all cases of excessive or arbitrary use of force, to bring those responsible to justice and punish them, and to grant adequate compensation to the families of the victims. Finally, the Special Rapporteur calls on the Government and the leaders of the FIS to continue efforts towards negotiations with a view to ending the armed confrontation and violations of human rights resulting therefrom.

50. According to the information received, the armed conflict between the Government and the National Union for the Total Independence of Angola (UNITA) continued in 1994. However, the reports received contained only very few specific cases of alleged extrajudicial, summary or arbitrary executions. All of these cases were said to have occurred in 1993 in the city of Benguela and concerned the following seven persons: Pedro Katenguenha, Constantino Chitue, Pastor Agostinho Canjila, Joao Batista, Batista Limila, Dr. Belchior Rodr�gues and Dr. El�as Chipindula. In addition, the Special Rapporteur sent an urgent appeal to the Government after receiving reports of an attack, allegedly by members of the police and the military, against Mfulumpinga N'Landu Victor, President of the Democratic Party for the Progress of the National Alliance of Angola, (6 July 1994).

51. On 19 October 1994, the Government informed the Special Rapporteur that judicial inquiries had revealed that internal tensions within his own political party were a possible motive for the attack against Mfulumpinga N'Landu Victor.

52. On 24 October 1994, the Government provided a reply to allegations transmitted by the Special Rapporteur in 1992, 1993 and on 3 June 1994, informing him that in most of the cases it was not possible to carry out any investigations due to the situation of armed conflict which had affected, inter alia, the archives of the police and the courts. With regard to the allegations concerning the death of Dr. El�as Chipindula, the Government pointed out that he was alive and working at the Provincial Tribunal of Benguela.

53. The Special Rapporteur thanks the Government for the information provided. Reports about large-scale and widespread violations of human rights and humanitarian law entailing the death of large numbers of civilians, through deprivation of food or indiscriminate attacks, continued to be most worrying. The Special Rapporteur wishes to express his hope that the accord signed recently between the Government and UNITA will constitute a new beginning in the process towards peace and reconciliation in Angola, and calls on both parties to make every effort to ensure respect for the right to life and physical integrity.

54. Three urgent appeals were sent to the Government after the Special Rapporteur had received reports of death threats against the following persons: Elena Mendoza, a lawyer working with the organization Abuelas de la Plaza de Mayo (Grandmothers of the Plaza de Mayo) (25 September 1994); Hebe de Bonafini, President of the organization Madres de la Plaza de Mayo (Mothers of the Plaza de Mayo) (13 October 1994); and Dr. Federico Alfredo Huber, a lawyer representing the family of a young engineer, Diego Rodr�guez Laguens, allegedly killed by police officers while in custody in San Pedro, Jujuy, on 20 February 1994 (20 October 1994). Furthermore, the Special Rapporteur transmitted to the Government the case of Omar Octavio Carrasco, who reportedly disappeared and was found dead shortly after his induction into military service on 6 March 1994.

55. The Government informed the Special Rapporteur that penal proceedings had been initiated with several charges including murder brought against 13 police officers in the case of Diego Rodr�guez Laguens (8 June 1994). In a second reply dated 25 November 1994, the Government further reported that judicial investigations were continuing. In the same letter, the Government stated that a court order was issued to the police to protect the home of Dr. Federico Huber, who was also given protection during his stay in the province of Jujuy, and that Elena Mendoza had not followed up an invitation by the Ministry of the Interior to bring complaints; she had also declined an offer of police protection. With regard to alleged threats against Hebe de Bonafini and other members of the Mothers of the Plaza de Mayo, the Government reported that no steps could be taken as no complaint had been made before any competent jurisdiction. Finally, the Government pointed out that judicial proceedings had been opened against two members of the military and two civilians in the case of the killing of Omar Octavio Carrasco.

56. The Government provided a reply to an urgent appeal sent by the Special Rapporteur on behalf of Hebe de Bonafini in August 1993, stating that no investigation into the case had been started as the alleged death threats had not been reported to the judicial authorities by Mrs. de Bonafini or her organization (4 February 1994). The Special Rapporteur transmitted the contents of both replies to the sources of the information. With regard to the case of Diego Rodr�guez Laguens, he asked the Government in a letter dated 23 September 1994 for further information on the progress of the judicial proceedings and, in particular, the exact rank of the police officers involved and whether disciplinary sanctions had been imposed on any of them.

57. The Special Rapporteur thanks the Government of Argentina for information provided in reply to all the cases transmitted in 1994. The willingness of the authorities to cooperate with his mandate thus shown is much appreciated. However, he notes with concern the reports of death threats against human rights activists and lawyers seeking to clarify the circumstances of alleged human rights violations, in particular as concerns cases of disappearances during the years of military rule. The recurrent reports of death threats against Hebe de Bonafini and other members of the Mothers of the Plaza de Mayo are most disturbing. The Special Rapporteur urges the authorities once again to adopt all measures necessary for the protection of those whose life and physical integrity are at risk. He also recalls the obligation of all Governments under international law to carry out impartial and exhaustive investigations into all allegations of violations of the right to life, whether they be brought to the attention of the authorities by the victims themselves, their families or lawyers, or by a competent international organ such as the Special Rapporteur.

58. The Special Rapporteur was informed that the armed conflict between the armed forces of Azerbaijan and forces composed of Armenians fighting for self-determination in Nagorno Karabakh continued throughout 1994, despite attempts at negotiating an end to the fighting through cease-fire agreements. The Special Rapporteur also received reports of deaths in custody of persons held in prisons in Azerbaijan, allegedly as a consequence of ill-treatment. Some of them were said to have been sentenced to death earlier in trial proceedings allegedly falling short of internationally recognized fair trial standards, particularly as regards the right to appeal and to seek clemency. The Special Rapporteur had transmitted two of these cases to the Government in 1992 and 1993, respectively. However, the information received in 1994 did not include detailed information on further cases to be brought to the attention of the authorities of Azerbaijan.

59. Concerned at the persistence and gravity of the allegations received, the Special Rapporteur inquired, on 31 January 1994, whether the Government would consider inviting him to carry out a visit to Azerbaijan. On 11 March 1994, the Government responded positively to this request and the visit was planned for the second half of August 1994. However, due to the developments of the situation in Rwanda, the Special Rapporteur had to revise his schedule of visits and was obliged to postpone his visit to Azerbaijan to a later date. He wishes to thank the Government for the invitation extended and hopes to be in a position to visit Azerbaijan in the near future.

60. During 1994, the Special Rapporteur continued to receive numerous reports indicating that human rights violations, including extrajudicial, summary or arbitrary executions, by members of the security forces of Bangladesh continued to occur in the Chittagong Hill Tracts despite negotiations between a government commission and the Jana Shanghati Samiti (People's Solidarity Association), a political organization representing the Jumma people, the indigenous inhabitants of the area. These negotiations started in November 1992, and the unilateral cease-fire declared in August 1992 by the Shanti Bahini, the armed wing of the JSS, was turned into a mutual cease-fire agreement which was extended at each round of negotiations. By 5 May 1994, seven rounds of dialogue had taken place. The Special Rapporteur was informed, however, that one of the central problems remained to be resolved: the attribution of land in the Chittagong Hill Tracts now occupied by Bengali settlers but traditionally occupied and claimed by the Jumma people.

61. The Special Rapporteur transmitted to the Government the case of Chandu Moni Chakma and 12 other Jumma people, reportedly killed on 17 November 1993 when soldiers and Bengali settlers attacked a student demonstration at Naniachar Thana, Rangamati. According to information received later, up to 100 persons were killed during this attack. An investigation into the case was reportedly carried out by a Government-appointed judge, but by September 1994 its results had not yet been made public.

62. The Special Rapporteur also sent an urgent appeal to the Government, calling on the authorities to provide the necessary protection to writer and journalist Taslima Nasreen, who had been forced into hiding by death threats from fundamentalist Islamic groups (6 July 1994).

63. On 19 October 1994, the Government provided the Special Rapporteur with information concerning 6 of the 13 Jumma people killed at Naniachar, informing him that complaints had been filed on behalf of each of them and investigations were under way. The Government further informed the Special Rapporteur that each victim's family had been allotted an amount of money, warm clothes and food items. With regard to the remaining persons referred to in the Special Rapporteur's letter, the Government stated that three of the names did not appear to be correct and the remaining four had in fact not been involved in the killings at Naniachar.

64. In a letter to the Government dated 23 September 1994, the Special Rapporteur sought additional information with regard to a number of cases transmitted to the authorities in 1992 and 1993 to which replies had been provided but which did not elucidate all questions (see E/CN.4/1994/7, paras. 140-143). In particular, the Special Rapporteur asked to receive more detailed information about investigations carried out and reports published as a result thereof. In the same letter, the Special Rapporteur reiterated his interest in carrying out a visit to Bangladesh, first expressed in a letter to the Government on 29 July 1992. The Special Rapporteur pointed out that the replies provided by the Government had been contested by the source of the allegations, which reiterated its earlier allegations and claimed that the information supplied by the Government did not provide an accurate account of the circumstances. In addition, the authorities had not replied to the Special Rapporteur's very detailed follow-up questions formulated in his letter of 22 September 1993 (see E/CN.4/1994/7, para. 144). In this situation, an on-site visit would be the only possibility for the Special Rapporteur to find out which one of the contradicting versions presented corresponds to reality.

65. The Special Rapporteur thanks the Government for the information provided in its replies and hopes that the authorities may reconsider their refusal to invite him to visit Bangladesh. However, he notes with concern the continuing allegations of violations of the right to life and of the obligation to carry out full, independent investigations and render their results public. With regard to the killing of a large number of people reported to have taken place at Naniachar in November 1993, the pattern observed is similar to what happened after the massacre at Logang cluster village in 1992 (see E/CN.4/1993/46, paras. 116-117): an inquiry, headed by a Government-appointed judge, was initiated, but its results have not been made public nor is anyone known to have been held responsible for the killings. The Special Rapporteur urges the Government to fulfil its obligation under international law to clarify the circumstances of each alleged violation of the right to life with a view to identifying those responsible and bringing them to justice, and to take the appropriate measures to prevent similar acts from happening again in the future. This obligation also requires that the results of investigations be made public. Finally, the Special Rapporteur also calls on the parties to the negotiations concerning the settlement of problems in the Chittagong Hill Tracts to make every effort so that these negotiations may progress and lead to a peaceful solution of the crisis.

66. The Special Rapporteur transmitted to the authorities the case of a Spanish citizen, Manuel Ram�n Puchol Pastor, allegedly killed on 9 February 1994 while in custody of the Bolivian army at San Matias, department of Santa Cruz. An investigation commission was said to have been established and some of the soldiers involved were reportedly arrested. By the time the present report was finalized, no reply had been received from the Government of Bolivia.

67. The Special Rapporteur sent an urgent appeal to the Government after being informed that Sretko Damjanovic and Borislav Herak were sentenced to death by a military court in Sarajevo, after being convicted of genocide and war crimes against civilians. During pre-trial detention and during the proceedings before the court, they were said to have suffered restrictions of access to their lawyers and of their right to prepare an adequate

defence. They were also said to have been tortured during interrogations (10 March 1994). By the time the present report was finalized, no reply had been received from the Government. For an analysis of the human rights situation in Bosnia and Herzegovina, reference is made to the reports of the Special Rapporteur on the situation of human rights in the territory of the former Yugoslavia, Mr. Tadeusz Mazowiecki (E/CN.4/1995/4, 10 and 57).

68. During 1994, the Special Rapporteur continued to receive reports of violence directed against street children. Several sources expressed concern that the number of abuses, including extrajudicial, summary or arbitrary executions, by members of the security forces, particularly the military police, has not decreased. Only very few of those responsible for human rights violations are brought to justice and held responsible. Killings in the context of land conflicts in rural areas were also reported to continue during the past year. Furthermore, the Special Rapporteur was also informed of a study indicating that acts of violence against indigenous people had doubled in 1993 as compared with 1992, including the killing of 16 Yanomami at Haximu (see E/CN.4/1994/7, paras. 154 and 158 (d)).

69. Four urgent appeals were sent to the Government. The Special Rapporteur called on the authorities to adopt all necessary measures to guarantee the protection of F�bio de Oliveira (Barao, 13) and 53 other street children who, together with two adults, had witnessed the extrajudicial execution of 7 street children by military police near the Candelaria church in R�o de Janeiro in July 1993 (2 June 1994). He also expressed concern at reports of death threats against journalist Cesar Gomes Gama and other staff of the newspaper Clasificados e informacioes (CINFORM) and Adelmo Peixoto Hora Nunes, a military policeman, reportedly after they had published information about the involvement of military police and other State authorities in the activities of a "death squad" in Aracaju, Sergipe (26 September and 13 October 1994). Fears were also expressed for the lives of a group of 500 landless rural workers and their families camped outside the Fazenda Mocambo (Mocambo Estate) in Vitoria da Conquista, Bahia, after an attack on 29 October 1994 in which two people, Manoel Bonfim Bastos and Zilda de Jesus Silva, died and six others were seriously wounded by a group of gunmen in which police officers were said to have participated (14 November 1994).

70. The Special Rapporteur also transmitted to the authorities the cases of street children Marcos Jos� do Espirito Santo (17) and Hemisferio Peres Ferreira (16), reportedly killed by two military police agents on 29 November 1993 in Varzea Grande, Mato Grosso, and of Democlides Albuquerque Carneiro, member of the Maxcui indigenous group, allegedly killed while in police custody in Alto Alegria, Roraima, on 6 November 1993.

71. In reply to the Special Rapporteur's urgent appeal of 26 September 1994 concerning alleged death threats against staff of the newspaper CINFORM, the Government informed the Special Rapporteur about the steps taken to ensure the lives and safety of the threatened persons (18 October 1994).

72. The Government provided the Special Rapporteur with a series of replies to allegations transmitted in 1992 and 1993, informing him that investigations had been opened into the killings of street children Ademir Silveira dos Santos et al., (E/CN.4/1994/7, para. 153 (a)) (26 November 1993 and 3 June 1994); street children Erivan Jos� da Silva and Jos� Fernando Almeida (E/CN.4/1993/46, para. 131) (30 November 1993); agricultural cooperative leader Joaci Rodr�gues da Silva (E/CN.4/1994/7, para. 155 (b)) (5 January 1994); and trade union leader Arnaldo Dalc�dio Ferreira (E/CN.4/1994/7, para. 155 (b)) (23 March 1994). In the case of Paulo Henrique da Silva (E/CN.4/1994/7, para. 155 (b)), the Government informed the Special Rapporteur that the inquiries had not yielded sufficient elements so as to indict any policeman for the crimes of homicide or bodily injuries followed by death (24 March 1994).

73. The competent institutions were reportedly ordered to provide protection to Archbishop Pedro Casaldaliga and Sister Cecilia Petrina da Carvalho (E/CN.4/1994/7, para. 153 (c)) (29 November 1993 and 3 January 1994). In addition, several communications from the Government concerned progress in the proceedings concerning the killing of seven street children near the Candelaria church in R�o de Janeiro in July 1993. An indictment was returned on 28 June 1994 against four persons, one of them a lieutenant in the gendarmerie/military police and two other military policemen, who will be tried by the Tribunal of the Grand Jury (3 January 1994, 27 June 1994, 18 October 1994).

74. On 23 September 1994, the Special Rapporteur addressed a follow-up letter to the Government in which he sought information in addition to the elements provided by the authorities in the aforementioned replies, as well as in communications received by the Special Rapporteur during the second half of 1993, on the current status of investigations opened and the measures adopted in practice to protect persons said to be under threat, as appropriate. In reply to this letter, the Government informed the Special Rapporteur in a communication of 8 November 1994 that the latest information available on the cases in question had been transmitted to the Special Rapporteur in the corresponding replies during 1993 and 1994.

75. The Special Rapporteur wishes to thank the authorities for their willingness to cooperate with his mandate, shown repeatedly over the past years. Their endeavours to provide information on the cases transmitted are much appreciated. Nevertheless, concerns persist at the allegations received and the Special Rapporteur encourages the Government to continue efforts towards more effective protection of street children and those participating in judicial proceedings as witnesses or in any other capacity. Initiatives aiming at subjecting the military police to civilian courts are most useful and should be pursued with vigour. In this context, the Special Rapporteur wishes to recall once again the importance of fulfilling the obligation under international law to investigate all allegations of violations of the right to life, with a view to clarifying them, identifying those responsible and bringing them to justice, preventing similar acts from happening again in the future and granting adequate compensation to the victims or their families.

76. The Special Rapporteur was informed of the results of inquiries into the violence following the attempted coup d'�tat by the armed forces on 21 October 1993, carried out by a commission of inquiry composed of several international human rights organizations. This investigation concluded that the majority of the military hierarchy of Burundi was involved in, or had not opposed, the assassination of President Melchior Ndadaye and other high-ranking government officials. The ensuing violence led to the death of approximately 50,000 persons. Although the massacres had reportedly abated by the end of 1993, the killing of several hundred persons was said to have taken place in 1994, both in Bujumbura and in the countryside. After President Cyprien Ntyamira, elected in January 1994 to succeed President Ndadaye, died in the attack against the plane of Rwandan President Juv�nal Habyarimana on 6 April 1994, it was feared that the situation would explode again. However, according to the reports received, relative calm could be maintained. With regard to a detailed analysis of the human rights situation in Burundi, the Special Rapporteur wishes to refer to the report by the Secretary-General on the situation of human rights in the country (E/CN.4/1995/66) and the report by the Representative of the Secretary-General on internally displaced persons who visited Burundi in September 1994 (E/CN.4/1995/50/Add.2).

77. Three urgent appeals were sent to the Government in 1994: the Special Rapporteur expressed concern at the killing of some 50 civilians during the months of January and February 1994 and more than 200 unarmed civilians, allegedly by members of the army, in the Kamenge area of Bujumbura on 6 March 1994 (10 March 1994). He urged the authorities once again to adopt all necessary measures to prevent acts of violence, allegedly due to disproportionate use of force, after receiving reports of further killings of civilians in Kamenge as well as two other districts of Bujumbura, Cibitoke and Kinama (25 March 1994). In addition, the Special Rapporteur sent an urgent appeal after being informed that a group of refugees from Rwanda, including Alphonse-Marie Nkubito, former Procurator General at the Appeals Court, were being held at Bujumbura airport to be sent to Bukavu, Zaire, where their lives were feared to be at risk due to the presence of elements of the Rwandan government forces (13 April 1994).

78. On 11 May 1994, the Government replied to the Special Rapporteur's urgent appeal of 13 April 1994, informing him that Alphonse-Marie Nkubito had left Burundi for Brussels, while the remaining 186 refugees had been transported to Bukavu at their own request. In a letter dated 23 September 1994, the Special Rapporteur thanked the authorities for the information provided.

79. In view of the scale and gravity of violations of the right to life reported to have occurred in Burundi throughout 1993, particularly during the months of October and November, the Special Rapporteur had intended to carry out a visit to Burundi during the first half of 1994, together with the Representative of the Secretary-General on internally displaced persons. A request to this effect had been made to the Government on 17 December 1993 and an invitation to visit Burundi was extended by the authorities on 17 January 1994. On 24 January 1994, the two experts proposed that the visit should take place at the end of April. However, shortly thereafter, the Special Rapporteur was informed that a commission of inquiry had been established under the responsibility of the Special Representative of the Secretary-General on Burundi, with a mandate that overlapped to a large extent the one entrusted to the Special Rapporteur. Thus, the Special Rapporteur decided to await the results of the investigation carried out by the commission of inquiry and to postpone his visit to a later date. It should be noted, however, that, despite an attempt by the Special Rapporteur to establish contacts with the commission, he has not been informed of the outcome of their activities.

80. The Special Rapporteur continued to observe events in Burundi with concern. Indeed, information confirming the persistence of such violations could be obtained by the Special Rapporteur during the short visit to Bujumbura undertaken in June 1994 within the framework of the mandate of the Special Rapporteur on the situation of human rights in Rwanda, Mr. Degni-S�gui. The situation remains volatile despite the agreement between the Government and the opposition to share political power equally. The United Nations mechanisms in place in Burundi, such as the Special Representative of the Secretary-General or the staff members of the Centre for Human Rights providing advisory services and technical assistance, do not monitor, on a day-to-day basis, the human rights violations that occur in the country. The Special Rapporteur believes that the situation in Burundi does warrant such monitoring and he has brought this concern to the attention of the High Commissioner for Human Rights.

81. Reports and allegations received by the Special Rapporteur indicate that human rights violations, including extrajudicial, summary or arbitrary executions, continue to occur in Cambodia. Such reports include extrajudicial executions by members of the security forces of persons suspected of having links with the Party of Democratic Kampuchea (PDK or Khmer Rouge), or traders allegedly abducted by military personnel, deprived of their belongings and then killed. Threats and harassment by government officials against the staff of newspapers that had published articles critical of the authorities were also reported. Furthermore, several sources have expressed concern at continuing acts of violence against ethnic Vietnamese Cambodians. According to the information received, the new Constitution of Cambodia restricts human rights guarantees to people of Khmer origin, thus excluding the ethnic Vietnamese minority. The Special Rapporteur received several reports of attacks against ethnic Vietnamese by members of the PDK. The authorities were said not to have taken any action to halt such attacks and protect those at risk.

82. The Special Rapporteur sent an urgent appeal to the Government calling on the authorities to adopt the necessary measures to protect ethnic Vietnamese after he had received reports of the killing of 13 persons, among them nine minors, in the province of Kandal on 9 April 1994. Two days later, soldiers of the Cambodian Armed Forces were said to have killed three inhabitants of Ban Teay village: Thi Phorn, Hen Mao and seven-year-old Thoeun Nab (26 April 1994). The Special Rapporteur also transmitted to the Government allegations he had received concerning the existence of two clandestine detention centres in the province of Battambang, where, during 1993, members of the military allegedly killed 35 persons whom they had deprived of their belongings and detained. Another case transmitted to the authorities concerned the killing by military police of Hun Sokea in the context of a violent confrontation between security forces and squatters occupying an area of land in the region known as "Broken Jar Stream". To date, no reply has been received from the Government of Cambodia.

83. The Special Rapporteur notes with concern that the Government of Cambodia has not replied to any of his communications since he assumed his functions in June 1992. The Special Rapporteur regrets this lack of willingness to cooperate with his mandate and invites the authorities to review their position. He also calls on the Government to take the necessary steps so as to ensure full respect for the human rights of all people living in Cambodia, and particularly those belonging to minorities. In this context, he urges the authorities to conduct exhaustive and impartial investigations into all allegations of violations of the right to life, including those directed against members of the ethnic Vietnamese minority, identify those responsible and bring them to justice, grant adequate compensation to the victims or their families, and prevent the recurrence of such acts of violence. For an in-depth analysis of the human rights situation in Cambodia, reference is made to the report of the Special Representative of the Secretary-General for Cambodia, Justice Michael Kirby (E/CN.4/1995/87).

84. Reports and allegations that have come before the Special Rapporteur indicate that human rights violations, including extrajudicial, summary or arbitrary executions, continue to occur in Cameroon. During the past year, opponents of President Paul Biya were said to have been subjected to imprisonment and beatings, as a consequence of which some were reported to have died. Allegedly, no one has been held responsible for these killings. Furthermore, the Special Rapporteur was informed of extrajudicial killings, in June 1993, of members of the Shua Arab community during military operations in the northern departments of Logone and Shari. Allegedly, the security forces were supporting the Kotoko community in a long-standing conflict with the Shua Arabs. After a peace agreement between the two communities in September 1993, renewed acts of violence against Shua Arabs were reported in early 1994.

85. The Special Rapporteur sent two urgent appeals to the Government. After the death in military custody, allegedly after torture, of four Shua Arabs (Malloum Eli, Harouna Djidda, Allakhou Mahmat and Issa Mahmat), fears had been expressed for the lives of at least 15 others arrested by the security forces in late January 1994 (16 February 1994). The Special Rapporteur urged the authorities once again to adopt effective measures for the protection of Shua Arabs after an attack by soldiers of the Cameroonian army against the village of Karena in which at least 55 persons, including 9 women and 35 children, had been killed (7 March 1994). In addition, the Special Rapporteur transmitted to the Government the case of Cyprian Tanwie Ndifor, reportedly tortured and killed while in the custody of the Gendarmerie at Bamenda on 15 December 1993. To date, the Government has not replied to any of these cases.

86. The Special Rapporteur sent an urgent appeal to the Government after being informed that four gendarmes, Dieudonn� Kalanga Belly, Antoine Metende, Alain-Isaac Gbalele and Boris Barnab� Wili Bona, were sentenced to death for murder by the Permanent Military Court of the Central African Republic. According to the information received, there is no appeal against verdicts of this court. Reportedly, those convicted may only seek review by cassation by the Supreme Court (17 November 1994).

87. The gendarmes Kalanga Belly, Metende and Gbalele were reportedly sentenced to death for having killed Dr. Claude Konjugo in 1993, the fourth, gendarme Wili Bona, for the murder of Hemine Yakite. Both cases had been transmitted to the authorities by the Special Rapporteur in 1993 (see E/CN.4/1994/7, paras. 187-188). No reply had been received from the Government to these allegations.

88. The Special Rapporteur continued to receive alarming reports of extrajudicial, summary or arbitrary executions of civilians by members of the Chadian army. According to the information received, the authorities did not take any steps to prevent such acts. On 26 August 1994, the Special Rapporteur sent an urgent appeal to the Government after receiving reports of the extrajudicial execution of more than 25 villagers in the Kaga district between 12 and 14 August 1994. The victims were said to have included at least two minors, Justin Helkom (15) and Raymond Ekoudjewa (16). According to the reports received, the killings were reprisal actions by the army after the death of five soldiers during armed confrontations between the security forces and the rebel Forces Arm�es pour la R�publique F�d�rale (Armed Forces for the Federal Republic, FARF). Fears were also expressed that the violence might spill over into the district of Logone. At the time the present report was finalized, no reply had been received from the Government.

89. In 1993, the Government had provided the Special Rapporteur with replies concerning some of the cases transmitted in 1992 and 1993 (see E/CN.4/1994/7, paras. 197-200). In accordance with the follow-up procedure established in the framework of his mandate, the Special Rapporteur submitted the contents of these replies to the sources of the allegations for comments. The latter forwarded further details regarding the cases in question and informed the Special Rapporteur that, contrary to what the Government had stated, no independent investigation was known to have been carried out in any of the cases. The Special Rapporteur addressed a second follow-up letter to the Government, expressing concern at this apparent contradiction in the information received, and requested the authorities to forward further, specific details concerning both the cases in question and the allegations he had transmitted to the Government in a letter on 24 September 1993 (see E/CN.4/1994/7, para. 196), and for which no replies had been received.

90. The reports and allegations received by the Special Rapporteur during the past years do not only give rise to deep concern at the persistence of extrajudicial, summary or arbitrary executions in Chad, but suggest the existence of a pattern of violations of the right to life by the security forces which appear to operate in virtually total impunity. The Special Rapporteur is particularly concerned at continuing reports of killings of members of ethnic minorities. He calls on the Government to ensure that security forces personnel fully respect the limitations and restrictions on the use of force and firearms contained in pertinent international instruments and to fulfil its obligation under international law to conduct exhaustive and impartial investigations into all allegations of violations of the right to life. Those responsible for extrajudicial, summary or arbitrary executions must be brought to justice and sanctioned. The Special Rapporteur also urges the Government to grant adequate compensation to the victims or the families.

91. The Special Rapporteur transmitted to the Government reports he had received according to which investigations into the killing, in 1976, by members of the military, of Carmelo Soria Espinosa, Spanish citizen and staff member of the United Nations Centre for Demography in Latin America, had been closed when the Supreme Court confirmed an amnesty granted to eight military officials by the military judiciary in late 1992. At the time the present report was finalized, no reply had been received from the Government.

92. On 4 January 1994, the Government provided the Special Rapporteur with a reply to his urgent appeal of 29 September 1993 concerning the killing of two persons during a demonstration in Santiago de Chile, informing him that investigations had been opened to clarify the circumstances and determine responsibilities. In reply to the Special Rapporteur's request for updated information on the progress of proceedings in cases transmitted to the Government during 1993 (see E/CN.4/1994/7, paras. 206-207), the Government informed him on 23 November 1994 that investigations into the death of three prisoners during an attempted escape continued to be in the preliminary phase. In another case concerning the killing of two persons during a demonstration by carabineros, the Supreme Court had decided a conflict of competence in favour of the military jurisdiction. In its sentence, the Supreme Court held that the three carabineros were carrying out acts in connection with their duties at the moment when they committed "common acts" which were offences falling within military jurisdiction.

93. The Special Rapporteur wishes to express his appreciation for the information provided by the Government and hopes to continue the dialogue initiated with the Chilean authorities. He would note, however, that "duty" should never be used as a justification for violations of human rights committed by the military; military personnel receiving orders the carrying out of which would entail such violations have the right to disobey. Military tribunals, particularly when composed of military officers within the command structure of the security forces, very often lack the independence and impartiality required under international law. Military jurisdiction over human rights violations committed by members of the security forces very often results in impunity. In this context, reports of an amnesty granted by the Chilean military judiciary to army officers accused of an extrajudicial, summary or arbitrary execution are particularly disturbing. The Special Rapporteur wishes to express deep concern and calls on the authorities to enact legislative reforms allowing for such cases to be treated by civilian tribunals.

94. As in former years, the Special Rapporteur received reports and allegations referring to the extensive use of the death penalty, imposed after proceedings which were said to fall short of internationally recognized fair trial standards. One source recorded at least 2,564 death sentences during 1993. In at least 1,419 of these cases the death sentence was said to have been carried out. The highest number of capital sentences was registered during the month of September 1993: at least 570 people were reported to have been sentenced to death and more than 373 executed. According to the information received, this may have been due partly to an anti-corruption campaign launched by the authorities on a nation-wide basis during the second half of August. The concerns expressed by several observers remain the same as in the past: inter alia, the wide scope of capital offences and increase in the number of crimes punishable by death under recent legislation, the possibility of imposing death sentences on persons between 16 and 18 years of age, restrictions in the right to an adequate defence and the right to appeal. Reference is made to a more detailed description of these allegations in the Special Rapporteur's report to the Commission on Human Rights at its fiftieth session (E/CN.4/1994/7, paras. 209-215).

95. The Special Rapporteur transmitted to the Government allegations he had received concerning the killing of 24 Taiwanese tourists and 8 Chinese nationals during a boat ride on Qiandao Lake in Chunan, Zheijan province, on 31 March 1994, allegedly with the involvement of Chinese authorities. Three unidentified men were reportedly sentenced to death and executed shortly afterwards, convicted in a trial which lasted only 48 hours. The Special Rapporteur also transmitted to the authorities the case of Phuntsong Yangki, who was said to have died on 4 February 1994 at the police hospital in Lhasa, allegedly after having been denied proper medical treatment at Drapchi prison. At the time the present report was finalized, no reply had been received from the Government.

96. On 19 November 1993, the Government forwarded a reply concerning one case of alleged extrajudicial, summary or arbitrary execution transmitted by the Special Rapporteur in 1993, informing him that one person, Lai Manping, had died of a pneumonia-related heart disease, and the other was beaten to death by at least three persons who had been brought to justice and sentenced to prison terms, in accordance with the law.

97. On 26 January 1994, the Government provided the Special Rapporteur with information concerning the cases of death sentences transmitted to the authorities in 1993 (see E/CN.4/1994/7, para. 216). All but one of the persons concerned were executed shortly after having been sentenced to death for theft and/or robbery. The Government replied to the Special Rapporteur's specific concerns with regard to the legislation and practice of capital punishment in China, assuring him that the pertinent provisions in the Chinese criminal law, the Code of Criminal Procedure and the Organic Law of the People's Courts contained strict controls on the application of the death penalty, safeguarded the defendants' right to defence and appeal and were consistent with article 6 of the International Covenant on Civil and Political Rights. The Government stated that China's most recent penal legislation had actually reduced the number of clauses and offences liable to the death penalty and that the death penalty was used less and less often. As regards the imposition of death sentences on minors, the Special Rapporteur was informed that, in judicial practice, the overwhelming majority of offenders sentenced to death with a two-year suspension had their sentences reduced at the end of the two years, and that the people's courts were especially cautious about sentencing minors between 16 and 18 years of age to death with a two-year suspension. It was further stated that, in judicial practice, lawyers were always given ample time to prepare their case. Defending lawyers were granted access to all materials related to the case, and the accused's right to defence was fully granted. The right to appeal, too, was guaranteed.

98. On 23 September 1994, the Special Rapporteur addressed a follow-up letter to the Government, thanking the authorities for the information provided as summarized above and informing them that, in accordance with the procedure established within the framework of his mandate, the contents of the reply had been transmitted to the sources of the allegations for comments and observations. In the same letter, the Special Rapporteur asked the authorities to provide him with additional details on the two cases mentioned above in paragraph 95.

99. The Special Rapporteur wishes to thank the Government for the information provided in response to his inquiries regarding the legislation and practice of capital punishment in the People's Republic of China. The willingness of the authorities to cooperate with his mandate is much appreciated. However, the Special Rapporteur remains concerned at the recurrence of reports of violations of the right to life. In view of the persistent contradiction between the numerous allegations received from credible sources and the information provided by the authorities, the Special Rapporteur would like to reiterate his interest in visiting China to study in situ questions relating to capital punishment in China. The Government has not yet replied to the Special Rapporteur's inquiry, first forwarded to them in November 1992 and repeated in September 1993 and September 1994.

100. From 17 to 26 October 1994, the Special Rapporteur visited Colombia, together with the Special Rapporteur on the question of torture, to examine violations of the right to life and physical integrity in that country. The findings, conclusions and recommendations of the Special Rapporteurs are contained in their joint report to the Commission on Human Rights (E/CN.4/1995/111). The following paragraphs contain an account of the cases transmitted to the Government in 1994 as well as follow-up correspondence concerning earlier allegations.

101. The Special Rapporteur transmitted to the authorities a large number of allegations he had received concerning violations of the right to life in Colombia. During 1994, the Special Rapporteur sent 40 urgent appeals to the Government. This is the highest number sent to a single Government in the framework of the mandate on extrajudicial, summary or arbitrary executions during one year.

102. The Special Rapporteur urged the authorities to adopt all necessary measures to protect the lives and physical integrity of the following persons said to be under death threat from, unless stated otherwise, members of the security forces:

(a) Gilberto Vieira and nine other leading members of the political opposition parties Uni�n Patri�tica (Patriotic Union, UP) and Partido Comunista de Colombia (Communist Party of Colombia, PCC), after the extrajudicial killing of Jos� Miller Chac�n Penna, Secretary of the PCC (14 January 1994); UP activists Josu� Giraldo Cardona, Pedro Malag�n, Nelson Viloria and Jamis Ricardo Barrera of Villavicencio, after the extrajudicial killing of Evaristo Amaya Morales, former personero municipal and candidate for the position of mayor of Villavicencio, on 24 February 1994, and an attack against Pedro Malag�n on 1 March 1994 (21 March 1994); UP counsellor Oscar Salazar, whose name was said to be included in a list held by the paramilitary group "Los Masetos", after another person included in this list, Ubesio G�mez, was reportedly found hanging from a tree near Turbio (14 April 1994); A�da Abella, leading member of UP, after the assassination of PCC senator Manuel Cepeda Vargas (12 August 1994); 28 persons including Hern�n Motta Motta, A�da Abella and other leading members of UP and PCC, threatened by the paramilitary group Muerte a Comunistas y Guerrilleros (Death to Communists and Guerrilleros, MACOGUER) (1 September 1994); the family Garc�a-Mallorca Villareal, after the killing of UP activists Gabriel Rib�n and Eli�cer Avila, as well as Luis P�rez and Amantine Villareal (16 September 1994);

(b) Trade unionists Wilson Monsalvo Navarro and Elmer Charris Alvarez, after the assassination of trade unionist Eudaldo Sierra Caballero (7 February 1994); Urbano Barreto Arenas and eight other members of the executive committee of the Teacher's Union of Arauca (ASEDAR), after the killing of teacher Juan Carlos Parales and attacks against Elbano Antonio Rojas and Luis Ernesto Goyaneche (19 April 1994); trade unionists Hector Enrique Herrera, after the assassination of Eli�cer Ojeda Jaime, trade union leader in Oca�a, and an attack against another trade union leader, Crist�bal Navarro (2 June 1994); members of trade unions in Medell�n, after the killing of trade unionists Luis Efr�n Correa, Jairo de Le�n Agudelo and Guillermo Mar�n (15 August 1994); 18 leading members of different trade unions allegedly threatened by the paramilitary group Colombia sin guerrillas (Colombia without guerrillas, COLSINGUE) (1 September 1994); trade union leader Luis Hern�n Cobo (1 September 1994); trade union leader Belisario Restrepo, after the killing of trade unionist Hugo Zapata (4 October 1994); trade unionist and community activist Luis David Rodr�guez P�rez, of Saravena (13 October 1994); trade unionists Olga Matilde Ortiz Solano, Ruth Rueda and Luis Carlos Acero (31 October 1994); trade unionists and political activists Edgar Ria�o and others, after the assassination of trade union leader Hernando Cuadros (31 October 1994);

(c) Human rights lawyer Dr. Rafael Barrios Mend�vil (18 March 1994); staff and residents of the Albergue campesino of Barrancabermeja (25 March 1994); priest and human rights activist Ricardo Mateus Duarte (21 April 1994); human rights lawyer Carlos Alberto Ruiz (8 August 1994); Hernando Valencia Villa, Procurador Delegado para los Derechos Humanos, accused by a member of the Senate of being a supporter of the guerrillas (29 September 1994); Jeanette Bautista and Gloria Herney Galindez, President and Secretary-General of the Asociaci�n de Familiares de Detenidos-Desaparecidos (Association of Relatives of Detainees-Disappeared, ASFADDES) (29 September 1994); Padre Gustavo Su�rez, of Sogamoso, threatened by COLSINGUE (31 October 1994);

(d) Community activists including Sixto Pacheco, after the killing of Erminio Sep�lveda Sarabia, member of the Community Action Movement of Aguachica (7 February 1994); municipal counsellor Paulino Velandia Bar�n of Sogamoso and his family, as well as Fanny and William Correa, after the extrajudicial execution of Edgar Suesc�n and his daughter Sandra Correa in their presence (23 February 1994); community activist James Pic�n Torres, after the killing of David Reyes Castro in Pailitas (6 July 1994); community leader Julio Ram�n Olivera Gracia of Sampu�s and his secretary Marina Salas, after an attack against the former and the assassination of community activist Tom�s Vega (8 August 1994);

(e) The inhabitants of Minas, San Mart�n, after indiscriminate killings, allegedly by paramilitary groups, of Jos� del Carmen Ru�z and five other villagers, and the people living in Norean, Aguachica, after the killing of civilians Adriano Portillo, Javier Contreras Bar�n and Alvaro Botello during an armed confrontation between guerrilla and security forces, who subsequently threatened the population (10 August 1994); the inhabitants of the municipality of Betulia, Santander, threatened by paramilitary groups with death if they did not leave their homes in areas needed for the construction of a paramilitary base (18 August 1994); Mar�a Magdalena Rodr�guez and her small children as well as six other residents of Puerto Nuevo Ite, Yond� (23 August 1994); residents of the region around La Magdalena, Buga, after the assassination by COLSINGUE of Marcos Tautiva, Omar Valbuena and Miguel Ospina (23 August 1994); inhabitants of El Paramo, after the assassination, allegedly by paramilitary groups, of Lorgio Antonio Garc�a (31 October 1994); Ana Ilba Donado and Pedro Caldera, after the killing of community leader Lucas Sep�lveda, Jos� Cayetano Sep�lveda and Luis Antonio Villegas, allegedly by members of the Mobile Brigades and paramilitary forces (17 November 1994);

(f) Severo Rubiano Cruz, after filing complaints against members of the armed forces for killing his son Jos� Severo Rubiano Cruz (1 February 1994); Adela�da Sierra Avil�s and her four young children, after her husband had been detained and accused of rebellion in Puerto Inirida, Arauca (21 March 1994); Luz Myriam Iglesias and Leonardo Marroqu�n Vargas, who had reportedly witnessed the killing of their eight-year-old son Gustavo Humberto Marroqu�n Iglesias by military in Ibagu�, and journalist Alvaro Mart�nez Pinz�n who had broadcast information about the killing in a press communiqu� (19 April 1994); Isabel Cristina Rinc�n Bravo, for attempting to clarify the assassination, allegedly by police, of her husband Henry Humberto Molina in 1992 (13 June 1994); Luis Alirio Rodr�guez and his wife Celina Franco, allegedly threatened by members of the Unidad Especial Anti-Secuestros (Special Anti-Kidnapping Unit, UNASE) (15 August 1994); members of the family Ardila Pi�a, after the killing of Edwin Castillo Pi�a, his uncle Argelio Pi�a and his aunt Custodia Ardelia de Pi�a, allegedly accused of being collaborators of the guerrilla (30 September 1994);

(g) Te�fila Roja, President of the Regional Indigenous Council of Tolima, and her family, after the assassination of her colleague Yesid Bocanegra Mart�nez and the attempted killing of Omar Mendoza, Vice-President of the Council (2 June 1994); members of the Regional Indigenous Council of Tolima, after the killing of Council member Julio Cadena Ducuara (26 September 1994).

The Special Rapporteur asked to be provided with information on the measures taken with a view to the protection of these persons, as well as on investigations carried out to clarify the circumstances of those said to be killed, identify those responsible, bring them to justice and grant compensation to the families of the victims.

103. In addition, the Special Rapporteur transmitted to the authorities allegations he had received concerning the extrajudicial, summary or arbitrary execution of the following 36 persons: Marco Tulio Farigua; Luis Antonio Enciso, Luz Amelia Enciso and Manuel Guillermo Enciso; Gilberto Claro Lozano; Zenu indigenous leaders Porfirio Ayala Mendoza, H�ctor Aquiles Malo Vergara, Luis Arturo Lucas Polo and their driver C�sar Mendoza Cruz; Laureano Restrepo Rodr�guez; Nicol�s Eli�cer Barrios Ch�vez; street children Javier Gonz�lez (16), Jairo Murcia (14) and "Asprilla" (12); Alfonso Cardona, Favio Cardona, Carlos Cardona and a non-identified person employed in the Cardona household; Rafael Quintero, Diana Argote, Bertilda Mena and two unidentified persons; Nelson Dur�n Chinchilla, Manuel Galarcio and Rafa�l Rojas; Benjam�n Dur�n; Alba In�s Flores Cardozo; Julio Edgar Galves Quimbay and Enan Rafa�l Lora Mendoza; Zoraida Camargo C�ceres; Ramiro Guzm�n Mart�nez (17); Laureano I�ampu�; Benjam�n Santos; Isidro Mercado Jim�nez; and Manuel Seraf�n Guerrero.

104. The following allegations transmitted by the Special Rapporteur during the past year concerned two particularly grave instances of violations of the right to life: the massacre at R�ofr�o, where the security forces, together with paramilitary groups, were said to have killed Miguel Ladino and 12 other residents in October 1993; and the massacre at Puerto Lleras, in which 10 fishermen were said to have been killed by members of the Colombian army. Both instances are referred to in the report on the Special Rapporteur's visit to Colombia in October 1994. For all cases transmitted, the Special Rapporteur asked to be provided with information concerning the investigations into these killings.

105. The Government of Colombia provided the Special Rapporteur with replies to a number of these cases. Consultations took place between different State institutions and leaders of the opposition parties UP and PCC with a view to providing them with protection (26 January 1994). The Government further informed the Special Rapporteur that A�da Abella had refused to file a complaint concerning the death threats against her and rejected protection from the Departamento Administrativo de Seguridad (DAS), while other UP and PCC leaders had been provided with personal security (17 February 1994). In a communiqu� of 11 August 1994, the Government expressed its deep concern at the killing, on 9 August 1994, of PCC senator Manuel Cepeda Vargas and pointed out that he and other leading members of the UP and PCC had rejected escorts from DAS and the National Police and had not reported any death threats against them to the competent authorities. Due to this lack of cooperation, a special investigative team, which the Government had offered to investigate the threats, could not be set up. The Government further informed the Special Rapporteur that UP and PCC had not provided any evidence to sustain the allegations that a plan to eliminate them existed within the military. In the framework of a special protection programme, seven persons trusted by the leaders of UP and PCC were provided to them by DAS to act as personal guards. The Government further stated that investigations were under way to identify those responsible for the killing of Manuel Cepeda Vargas. On 24 August 1994, the Government informed the Special Rapporteur that five persons suspected of being involved in the killing of the senator had been arrested on 23 August 1994. Different protection measures were reported to have been taken to provide for the security of eight leading members of the UP and PCC (29 September 1994).

106. The Government also told the Special Rapporteur that information had been sought from the competent organs concerning investigations and/or measures of protection solicited with regard to the following cases: the killing of Jos� Severo Rubiano Cruz, whose case was transferred to the military courts for preliminary investigations against army personnel, and threats against his father Jos� Rubiano Cruz (3 February 1994 and 9 March 1994); the killing of trade unionists Wilson Monsalvo Navarro, Elmer Charris Alvarez, Eudaldo Sierra Caballero and community activist Erminso Sep�lveda Saravia, as well as death threats against Sixto Pacheco (1 March 1994); threats against human rights lawyer Rafa�l Barrios Mend�vil and other members of his organization, the Colectivo de Abogados "Jos� Alvear Restrepo" (16 June 1994); the killing of Gustavo Humberto Marroqu�n Iglesias and measures solicited from the competent organs for the protection of his parents Leonardo Marroqu�n Vargas and Luz Myriam Iglesias, as well as journalist Alvaro Mart�nez Pinz�n (6 September 1994); the death of Eli�cer Ojeda Jaime and death threats against H�ctor Enrique Herrera and Crist�bal Navarro (6 September 1994); the killing of Tom�s Vega and death threats against Julio Ram�n Olivera Gracia, Marina Salas and Carlos Alberto Ru�z (25 October 1994); threats against Hernando Valencia Villa (18 and 25 October 1994). In the case of Ubencio (not Ubesio) G�mez, the military courts were investigating his disappearance and killing, as it had been established that he died during a confrontation between the guerrillas and the National Army (15 November 1994). With regard to attacks and threats against teachers belonging to ASEDAR, proceedings were under way against a guerrilla commander for the killing of Juan Carlos Parales, as well as into the alleged attack against Elbano Antonio Rojas and threats against Urbano Barreto Arenas. After the attack, Elbano Antonio Rojas was granted the status of a person under threat by the Comit� Especial de Amenazas (Special Threats Committee) of the Department of Arauca. The same status had been conferred upon Luis Ernesto Goyeneche, who nevertheless decided to stay in Saravena, where he later received death threats (15 November 1994).

107. In addition, the Government informed the Special Rapporteur that 18 members of the Pedro Nel Ospina Batallion of the Colombian army received sentences of between 6 and 20 years' imprisonment for the killing of five civilians from the municipalities of Yarumal and Taraza, who had been taken into custody for minor offences in early 1992 (11 July 1994). On 8 November 1994, the Government transmitted information concerning a rocket attack carried out by guerrillas against a convoy of police vehicles. Eleven policemen were killed, as well as two high school students travelling on a school bus that was passing by at the time of the attack.

108. The replies received from the Government were transmitted to the sources of information. During his visit to Colombia, the Special Rapporteur had the opportunity to meet with several persons reportedly under death threats, including representatives of human rights organizations, trade unions and political opposition parties, as well as witnesses to violations of the right to life and family members of victims. He will follow up on these cases with the Government during the coming months.

109. As regards cases transmitted to the Government in 1992 and 1993, only one reply was received from the authorities, who informed the Special Rapporteur that the Sala Penal del Tribunal Superior de Distrito Judicial de Santaf� de Bogot� had denied the acci�n de tutela requested to prevent the dissemination, by the television station Q.A.P., of a list established by the security forces allegedly containing the names of some 150 people said to be collaborators of the guerrillas, on the grounds that no evidence as to the existence of this list could be obtained (18 October 1994). No reply was received to a letter of 22 September 1993 in which the Special Rapporteur had sought clarifications and further details on some of these cases.

110. The Special Rapporteur highly appreciates the willingness to cooperate shown by the Government on repeated occasions during the past year, and most clearly during his visit to Colombia in October 1994. The Special Rapporteur was impressed by the frankness of the representatives of the Government he met during the mission. He has noted with satisfaction the various projects and initiatives planned by the new administration under President Ernesto Samper Pizano aimed at increased protection of human rights in Colombia, and encourages the Government to continue its efforts in this regard. Nevertheless, the Special Rapporteur remains concerned at the level of violence and the scale of human rights violations, including extrajudicial, summary or arbitrary executions, that continue to occur in Colombia. Human rights violations in the context of counter-insurgency activities, violent repression of political dissent and social protest, and urban violence directed mainly against marginalized sectors of the population are some of the principal problems. They are perpetuated by the lack of functioning of the administration of justice and its consequence, almost absolute impunity for violators of human rights. The high rate of common crime, drug trafficking and widespread poverty are factors that also contribute to the climate of violence prevailing in Colombia. A detailed analysis of these problems, together with a number of recommendations for possible improvement, can be found in the report on the visit to Colombia.

111. As in former years, Colombia has been among the countries where the Special Rapporteur had to intervene most frequently in response to allegations of death threats. Forty urgent appeals have been sent since the end of November 1994, the most for any single country. It should be noted that the vast majority of reports of death threats refer to human rights activists, lawyers, trade unionists and members of political opposition parties. The Special Rapporteur feels that unequivocal public recognition of the legitimacy of political dissent and social protest, and of activities aimed at the protection of human rights, as well as the elucidation of human rights violations, on the part of the Government would be a signal to those persons who continue to regard protesters as collaborators or auxiliaries of the guerrillas, and thus as "internal enemy". In view of the fact that very often the victims of threats and attacks perceive members of the security forces or the DAS as the authors, it is not surprising that they are reluctant to avail themselves of protection offered by these institutions. Efforts to solve this apparent deadlock by establishing funds from which protection by persons enjoying the full confidence of those they are supposed to protect could be financed, are greatly encouraged.

112. The Special Rapporteur sent an urgent appeal to the Government expressing concern at allegations of the indiscriminate use of force against demonstrators after receiving reports according to which members of the Guardia Civil y Rural had opened fire indiscriminately against participants in a demonstration at Sarapiqu� on 13 May 1994 (2 June 1994). The Government replied on 8 July 1994, informing the Special Rapporteur that the events of 13 May followed several days of confrontation reportedly in the context of a labour conflict, during which armed individuals erected road barricades in front of the administrative offices of a banana company. When the security forces attempted to implement a court order to remove the barricades, they were attacked with stones, machetes, molotov cocktails, knives, etc. and had to resort to the use of force to defend themselves.

113. The Special Rapporteur sent an urgent appeal to the Government on behalf of human rights activist Francisco Chaviano Gonz�lez, whose life was feared to be in danger after an attack against his residence (18 March 1994). At the time the present report was finalized, no reply had been received from the Government.

114. A reply was received from the Government on 7 February 1994, providing information on five of the cases transmitted by the Special Rapporteur in 1993 (see E/CN.4/1994/7, para. 243). The Government informed the Special Rapporteur that the person responsible for the killing of Orelvis Mart�nez Limonta was sentenced to 18 years' imprisonment. With regard to the remaining cases, the allegations were said to be unfounded: two persons reportedly died of natural causes; one was alive and serving his prison sentence; one could not be identified at all, while the two remaining cases were still under investigation. The Government also pointed out that the exhaustion of internal remedies to clarify cases of alleged extrajudicial, summary or arbitrary executions should be a condition for the admissibility of such allegations by the Special Rapporteur.

115. In a follow-up letter to the Government on 23 September 1994, the Special Rapporteur thanked the authorities for the information provided and inquired whether the investigations into the two outstanding cases had yielded any results. The Special Rapporteur also explained his position that the exhaustion of internal remedies was not a prerequisite for him to take action in a particular case (see also E/CN.4/1993/46, paras. 20-25). For a more detailed analysis of the human rights situation in Cuba, reference is made to the report of Special Rapporteur, Mr. Johan C. Groth (E/CN.4/1995/52).

116. During 1994, the Special Rapporteur continued to receive reports and allegations of human rights violations, including extrajudicial, summary or arbitrary executions, in the context of the armed conflict between government forces and the Front pour la restauration de l'unit� et de la d�mocratie (Front for the Restoration of Unity and Democracy, FRUD) since July 1991. Human rights violations, whose principal victims were said to be members of the Afar ethnic group regarded by the security forces as supporters of the FRUD, are said to have increased during periods of intensified fighting in August and September 1993 and during March 1994, when the Government reportedly launched an offensive against the FRUD in the north of the country. Acts of violence by members of the Force d'Action Rapide (Quick Action Force) of the armed forces were also reported against displaced people, most of them members of the Afar community, in the Ariba suburb of the capital Djibouti during the month of June 1994.

117. The Special Rapporteur sent two urgent appeals to the Government. He expressed concern at the alleged extrajudicial execution on 31 December 1993, by soldiers of the Djibouti army, of Ali Balla Youssouf and six other villagers in the Day district and the killing of Mohamed Adoyta Ewad and his family at Tadjourah on 8 January 1994, and urged the authorities to adopt all necessary measures to protect Hamadou Hebano Hamadou and six other persons from the Day district whose lives were said to be in danger due to torture at the police stations at Randa and Tadjourah (17 January 1994). The Special Rapporteur again called on the Government to take effective steps to prevent further acts of violence after reports were received of the extrajudicial execution of Ahmed Nouho Bari and at least 19 other Afar civilians of the Malba and Oueima regions in northern Djibouti by members of the security forces between 3 and 10 March 1994 (18 March 1994). In addition, the Special Rapporteur transmitted to the Government the cases of Fatouma Mohamed Ali and Nasser Mohammed Youssouf, who were said to have been killed, together with at least two other, unidentified persons, during demonstrations at Ariba in early June 1994. To date, no reply has been received from the Government.

118. On 14 January 1994, the Government of Ecuador provided the Special Rapporteur with information concerning the cases of Luis Olmedo Aguilera L�pez and three brothers Ca�ola, transmitted to the authorities in 1993, informing him that investigations had revealed that the former had died of natural causes, while the case of the latter three was the subject of judicial proceedings before the Second Criminal Court. On 23 September 1994, the Special Rapporteur sent a follow-up letter to the Government, thanking the authorities for the information provided and asking for more details regarding the autopsy report of Luis Olmedo Aguilera L�pez, which had indicated that the body showed marks of traumatic injuries, and the progress of the judicial proceedings in the case of the Ca�ola brothers.

119. During 1994, the Special Rapporteur continued to receive reports of death sentences imposed by military courts. Since Law No. 97 of 1992, which provided for the trial of those accused of "terrorism" before military courts, came into force in October 1992, 56 death sentences were said to have been handed down, 40 of which were reportedly carried out by August 1994. The main concerns with regard to the trials before military courts were expressed repeatedly by several sources: lack of independence and impartiality on the part of the judges; restrictions in the time available for the preparation of the defence and in the right to appeal. Extrajudicial, summary or arbitrary executions as a result of excessive use of force by the security forces were also reported. Furthermore, the Special Rapporteur was informed of deaths in custody, allegedly as a result of torture, at premises of the police and the State Security Investigations Department (SSI). Concern was also expressed at increasing repression directed against lawyers, including raids at their offices and homes and confiscation of documents. Following the death in custody of one lawyer, several others were reportedly detained and charged with the offence of planning to assemble, demonstrate, resist the authorities and disturb public order. This was allegedly related to their defending Islamist prisoners in trials before military courts.

120. The Special Rapporteur also received alarming reports of killings by Islamist groups. The victims of such attacks included members of the security forces and civilians, including members of the Coptic minority. The state of emergency, in force since 1984, was reportedly extended for another three years in April 1994 by the People's Assembly.

121. The Special Rapporteur sent nine urgent appeals to the Government, all of which concerned death penalty cases. The following persons were said to be at risk after being sentenced to death by military courts: Mahmoud Salah and Mostafa 'Awni Zaki (26 November 1993); Medhat Tahhawi, Mohammad Ahmed Sa'id Salih and Hammada Mohammad Lutfi (23 February 1994); Salah al-Sayyid Sulayman and seven others (22 March 1994 and 8 April 1994); Mohammad Rashad 'Abd al-Hamid Higazy and four others (19 and 29 July 1994); Ahmed Muhammad Gumu'a and Sharif Mohammad Hassan (26 September 1994 and 20 October 1994). One urgent appeal concerned the death sentence handed down on 30 December 1993 by the (Emergency) Supreme State Security Court against 'Abd al-Shafi Ahmed Ibrahim, convicted of having murdered a well-known writer in June 1992. According to the information received, defendants before the (Emergency) Supreme State Security Court do not have the right to appeal before a higher tribunal, as, according to the State of Emergency Act No. 162 of 1958, verdicts or sentences passed by this court can only be reviewed by the executive, i.e. the President or a person mandated by the President to do so (17 January 1994).

122. In addition, the Special Rapporteur transmitted to the authorities the cases of Tarek el-Qurashi (17), together with six unidentified persons, reportedly killed by the security forces during an operation directed against suspected terrorists; Tharwat Hagag and two unidentified persons, allegedly killed by plainclothes policemen, who suspected them of being terrorists; and Abdel-Harith Madani, lawyer and member of the Egyptian Human Rights Organization, who died reportedly as a result of torture during detention by the SSI.

123. The Government provided replies to the Special Rapporteur's urgent appeals of 17 January, 23 February, 19 and 29 July as well as 26 November 1994, stating that trials before military courts were conducted in accordance with proper legal procedures and passed through all the stages prescribed in the national laws and legislation. The Government pointed out that military courts were permanent standing courts composed of three judges presided over by the most senior. The judges were independent and subject to no authority other than that of the law and their consciences. Guarantees and safeguards for defendants included compulsory presence of at least one lawyer to defend any person accused of a felony before the military courts; the right to seek review of the judgement in felony cases; appeals against judgements within 15 days of notification; and automatic consideration of pardon. The competence of military courts to try civilians simply meant that the procedural articles of the Code of Military Justice applied, whereas the applicable definitions of crime and punishment were those set forth in the Penal Code to which all persons, whether civilian or military, were subject and which was applied by all the criminal courts in Egypt (12 April 1994). Such trials were held in secret if so decided on grounds of public order and public morals. Penalties were prescribed by law and could be imposed only by a court of law. A legally prescribed appeal procedure existed, which had to be followed by all defendants (15 March 1994). Mohammad Rashad 'Abd al-Hamid Higazy et al., were sentenced to death by the Supreme Military Court for a number of offences including membership of a group established to advocate action to render the provisions of the Constitution inoperable, participation in a criminal conspiracy and attempted murder of the Minister of the Interior. On the last day of the legally specified 15-day time-limit for the lodging of appeals, the five defendants contacted the Judge Advocate General and requested a review of their sentences (29 August 1994).

124. A reply was also received to the allegations concerning the death of Abdel-Harith Madani, whose case had also been transmitted to the authorities by the Special Rapporteur on the independence and impartiality of the judiciary. The Government informed that Mr. Madani was arrested for being a member of a terrorist organization and accompanied by the unit that arrested him to his principal residence, which was searched. On the way to his secondary residence, he complained about difficulties of breathing and was taken to a hospital, where he remained for treatment. During the afternoon of the following day, he died at the hospital. An autopsy was performed. Investigations are being carried out by the Department of Public Prosecutions (18 October 1994).

125. The reply received from the Government on 12 April 1994 also referred to the Special Rapporteur's urgent appeals of 25 October and 12 November 1993 (see E/CN.4/1994/7, para. 261 (f) and (g)). On 23 September 1994, the Special Rapporteur addressed a letter to the Government following up on replies provided by the authorities in 1993 and 1994. The Special Rapporteur thanked the Government for its willingness to cooperate with his mandate but reiterated his concern at continuing allegations that defendants in trials before military tribunals in Egypt did not benefit from all the guarantees and safeguards contained in the pertinent international instruments.

126. The Special Rapporteur wishes to thank the Government for the information provided in reply to several of his communications. However, he remains concerned at the persistent allegations according to which, in practice, defendants before military courts do not benefit from all the safeguards and guarantees contained in the pertinent international instruments. The Special Rapporteur is also concerned that, in proceedings before ordinary courts, there is no provision for appeal in cases of felonies. The Special Rapporteur finds himself in a situation where, with growing concern, he continues to receive allegations of grave procedural shortcomings from credible sources. The Government, in turn, regularly denies the veracity of these allegations.

127. Furthermore, the reports and allegations received concerning the death while in the custody of the security forces of a lawyer, as well as threats and harassment reported against other lawyers, are most disturbing. The Special Rapporteur calls on the authorities to ensure that members of the legal profession may exercise their activities without harassment or persecution, according to the Basic Principle on the Role of Lawyers, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Havana from 27 August to 7 September 1990.

128. The Special Rapporteur continued to receive reports of human rights violations, including extrajudicial, summary or arbitrary executions and death threats, in El Salvador. A number of these reports referred to activities of "death squads", allegedly closely related to State structures, directed mainly against members of the Frente Farabundo Mart� para la Liberaci�n Nacional (Farabundo Mart� National Liberation Front, FMLN) and other opposition parties. During the weeks and months leading up to parliamentary elections in March 1994 and presidential elections in April 1994, "death squad" activities were reported to have increased. In December 1993, the Government was said to have set up a commission known as the Grupo Conjunto (Joint Group) to investigate "illegal armed groups". The findings of their investigation were made public in mid-July 1994. However, concerns were expressed that the recommendation of the Truth Commission, contained in its March 1993 report, to put an end to the phenomenon of "death squads" still threatening the society, was not implemented, and that they continued to operate with virtually total impunity. For a detailed analysis of the human rights situation in El Salvador, reference is made to the report of the Independent Expert on El Salvador, Mr. Pedro Nikken (E/CN.4/1995/88).

129. The Special Rapporteur sent five urgent appeals to the Government. He urged the authorities to adopt all necessary measures to protect the life and physical integrity of Nidia D�az, candidate for the FMLN in the March 1994 parliamentary elections, after an attack against her and her personal guard Elmer Cruz Zepeda in which both were injured (15 March 1994). He also called upon the Government to ensure protection of members of the political opposition after the assassination of Heriberto Galicia, candidate for the Movimiento Nacional Revolucionario (National Revolutionary Movement, MNR) for the parliamentary elections in March (31 March 1994). Another urgent appeal was sent after the Special Rapporteur received information of death threats against Carlos Molina Fonseca, Procurator for Human Rights, Juan Jer�nimo Castillo, Attorney General, both members of the Grupo Conjunto, Eduardo Tomasino, President of the National Council of the Judiciary, and priests teaching at the Universidad Centroamericana (13 June 1994). The Special Rapporteur repeated his call for protection of members of the political opposition after the assassination of FMLN activist Luis Antonio M�ndez and death threats against Archbishop Arturo Rivera y Damas and Bishop Gregorio Rosa Ch�vez (6 July 1994), and again after the killing, allegedly by members of a "death squad", of David Faustino Merino Ram�rez, member of the executive committee of the Fuerzas Populares de Liberaci�n (Popular Liberation Forces, FPL) and death threats against Carlos C�rtez Hern�ndez and FPL coordinator Pablo Parada Andina (18 November 1994).

130. The Special Rapporteur also transmitted to the Government the case of Jos� Isaias Calzada Mejia, member of the FMLN; Miguel de Jes�s Garc�a Hern�ndez, former FMLN combatant; Marta Alicia Mej�a Herrera, candidate of the FMLN in the parliamentary elections of March 1994, as well as Oscar Fernando Pacheco Argueta, Francisco Antonio V�squez D�az and Luis Francisco Gaytan Vel�squez, all four threatened with death by a "death squad"; and two persons reportedly killed by members of the security forces: Jos� Dolores Rodr�guez Amaya and Jaime Isabel Menjivar Chil�n. At the time the present report was finalized, no replies had been received from the Government.

131. On 13 December 1993 and 4 January 1994, the Government provided the Special Rapporteur with information according to which investigations were carried out into the killings of two FMLN members, Mario L�pez Alvarenga and Eleno Castro, the latter case being investigated by a joint commission composed of representatives of the Government and the United Nations Observer Mission in El Salvador (ONUSAL). On 23 September 1994, the Special Rapporteur sent a letter to the Government asking for information concerning the progress of these investigations.

132. The Special Rapporteur remains concerned at the persistent reports and allegations of politically motivated violations of the right to life in El Salvador. Information according to which "death squad" activities continue are most disturbing. In this context, the Special Rapporteur refers to the report made public in mid-July 1994 by the Grupo Conjunto, which concluded that groups with political motive continued to operate in El Salvador, reminiscent of the "death squads". The Special Rapporteur reiterates his call on the authorities to implement the recommendations made in 1993 by the Truth Commission to thoroughly investigate the "death squads" and eradicate this threat to society. The Special Rapporteur also urges the Government to make all efforts to guarantee the safety of the members of those former guerrilla organizations that have incorporated themselves into civilian life and participate in the democratic process.

133. The Special Rapporteur received several communications expressing concern at the occurrence of extrajudicial, summary or arbitrary executions in Ethiopia. The Special Rapporteur transmitted one urgent appeal to the Government after receiving information on the alleged extrajudicial killing by government soldiers of five members of the political party Ogaden National Liberation Front (ONLF). Fears had been expressed for several hundred other members or supporters of the ONLF said to have been arrested in early 1994, some of whom were reported to have been tortured in detention (4 March 1994). The Special Rapporteur also transmitted to the Government allegations he had received concerning the killing of at least 10 civilians when security forces opened fire against demonstrators in Gondar in September 1993, and of at least 50 participants by government soldiers who indiscriminately fired on a demonstration organized by the OLNF in Wardheer in February 1994. Three of the victims were identified as Ahmed Ibrahim Nur, Abshir Ali Dhuh and Hakin Hersi. At the time the present report was finalized, no reply had been received from the Government.

134. On 27 October 1994, the Transitional Government of Ethiopia issued a press release stating that the Chief Special Prosecutor had submitted, on 25 October 1994, the first charges against the leaders of the former Provisional Military Administrative Council - also known as the Dergue - to the Central High Court in Addis Ababa. Seventy-three Dergue members, including former head of State Mengistu Haile Mariam, who was to be tried in absentia, pending his extradition from Zimbabwe, requested in February 1994, were charged with genocide and crimes against humanity. These charges were only the first indictments concerning persons suspected to have committed or ordered to be committed atrocities under the ousted regime. Further charges would be filed subsequently regarding war crimes and related offences. The Transitional Government declared it its duty to bring to justice those persons with respect to whom there were serious reasons for considering that they were responsible for serious violations both of internatinal and domestic law.

135. On 9 December 1993, the Government provided the Special Rapporteur with a reply to the case of Tesfahun Worku, transmitted in 1993, informing him that an inquiry committee headed by the President of the Supreme Court had been set up to clarify the events surrounding the student demonstration in Addis Ababa during which the victim had been killed. On 23 September 1994, the Special Rapporteur addressed a letter to the Government requesting further details on the progress of these investigations as well as the legal basis and attributions of an inquiry committee such as the one established in the case in question.

136. The Special Rapporteur has followed with interest the work of the Office of the Special Prosecutor. The beginning of judicial proceedings is certainly an important step towards clarification of past human rights violations. While welcoming this initiative, the Special Rapporteur wishes to remind the authorities of the rights and guarantees contained in a number international instruments relating to due process of law and the need to ensure the highest possible standards of fair trial, particularly in view of the gravity of the accusations. In this context, the Special Rapporteur would like to remark that, in its resolutions establishing international criminal jurisdictions for the trial of those responsible for genocide and crimes against humanity committed in the former Yugoslavia and in Rwanda, the Security Council excluded capital punishment and limited the penalties to imprisonment (see also below paras. 374 and 406). The Special Rapporteur also wishes to point out that, in the case of Ethiopia, the information brought to the attention of the Special Rapporteur is not sufficient so as to constitute prima facie evidence of genocide.

137. Furthermore, the Special Rapporteur calls on the Transitional Government to ensure, with the same degree of determination as shown in the efforts to bring to justice those responsible for past abuses, that allegations of human rights violations under the current authorities are subjected to exhaustive and impartial investigations, with a view to establishing the facts, determining those responsible and bringing them to justice, granting adequate compensation to the victims or their families, and to prevent the recurrence of such violations.

138. The Special Rapporteur sent an urgent appeal to the Government after receiving information about the death in a gendarmerie camp at Libreville, during the night of 2 to 3 February 1994, of 71 clandestine immigrants, reportedly due to the extreme overcrowding of the detention facility (15 February 1994). The Government replied on 21 February 1994, informing the Special Rapporteur that the deaths had occurred in the context of a confrontation between immigrants of different nationalities who were being held in a hall and three rooms in acceptable conditions. The deaths were discovered on the morning of 3 February and, after a meeting with the diplomatic representatives of the States whose nationals had died, it was agreed that the victims should be buried, as it was not possible to carry out autopsies on such a large number of bodies. The Government also stated that it planned to establish a centre for clandestine immigrants intercepted by the security forces so as to be able to identify them and send them back, and to avoid similar tragedies in the future. On 18 May 1994, the Government invited the Special Rapporteur to visit Gabon.

139. As stated in a letter to the Government of 26 May 1994, the Special Rapporteur is grateful to the authorities for their invitation to visit Gabon and their willingness to cooperate with his mandate. Due to the emergency situation in Rwanda, it was not possible for the Special Rapporteur to follow up on the invitation during the summer. He did, however, ask the Government to provide him with information on all steps taken to investigate the events of February 1994. In this context, the Special Rapporteur would like to point out that the responsibility for carrying out investigations into alleged violations of the right to life, with a view to identifying those responsible, bringing them to justice, granting adequate compensation to the families of the victims and taking all necessary steps to prevent the recurrence of such violations, lies with the State authorities. The Special Rapporteur cannot, and does not wish to, replace them in this task, as his role consists in observing how Governments comply with their obligations under international law and assisting them through recommendations, where appropriate.

140. The Special Rapporteur would also like to express his preoccupation at the conditions of detention for clandestine immigrants intercepted by the security forces. He is concerned at information indicating that security personnel may have been implicated in the events leading to the deaths in the camp. The Special Rapporteur calls on the authorities to fulfil their obligation to conduct exhaustive and impartial investigations into the killings with a view to clarifying facts, bringing those found responsible to justice and punishing them, providing adequate compensation to the families of the victims and adopting measures so as to prevent the recurrence of similar incidents. The Special Rapporteur also wishes to point out that the number of victims and the need to bury them quickly for hygienic reasons should not be an excuse for not undertaking forensic examinations of their remains. Such examinations should be carried out by experts, if necessary from abroad.

		Paragraphs
	Introduction	1 - 3
	Chapter
	I. THE MANDATE	4 - 8
	II. METHODS OF WORK	9 - 12
	III. ACTIVITIES	13 - 40
	A. Consultations	14 - 15
	B. Communications	16 - 25
	C. Visits	26 - 31
	D. Cooperation with other United Nations procedures	32 - 37
	E. Other activities to promote the mandate	38 - 40
	IV. SITUATIONS	41 - 351
	A. General	41 - 43
	B. Country situations	44 - 351
	Afghanistan	44
	Algeria	45 - 49
	Angola	50 - 53
	Argentina	54 - 57
	Azerbaijan	58 - 59
	Bangladesh	60 - 65
	Bolivia	66
	Bosnia and Herzegovina	67
	Brazil	68 - 75
	Burundi	76 - 80
	Cambodia	81 - 83
	Cameroon	84 - 85
	Central African Republic	86 - 87
	Chad	88 - 90
	Chile	91 - 93
	China	94 - 99
	Colombia	100 - 111
	Costa Rica	112
	Cuba	113 - 115
	Djibouti	116 - 117
	Ecuador	118
	Egypt	119 - 127
	El Salvador	128 - 132
	Ethiopia	133 - 137
	Gabon	138 - 140
	Guatemala	141 - 150
	Haiti	151 - 153
	Honduras	154 - 156
	India	157 - 172
	Indonesia	173 - 176
	Iran (Islamic Republic of)	177 - 182
	Iraq	183 - 189
	Israel	190 - 195
	Italy	196 - 197
	Japan	198 - 199
	Kazakhistan	200 - 201
	Kuwait	202 - 205
	Kyrgyzstan	206
	Lebanon	207 - 208
	Liberia	209
	Malaysia	210 - 212
	Mali	213 - 215
	Mexico	216 - 225
	Morocco	226
	Myanmar	227 - 230
	Nepal	231 - 233
	Nicaragua	234
	Niger	235
	Nigeria	236 - 242
	Pakistan	243 - 249
	Peru	250 - 262
	Philippines	263 - 268
	Portugal	269
	Rwanda	270 - 276
	Saudi Arabia	277 - 278
	Sierra Leone	279
	Singapore	280
	Somalia	281 - 283
	South Africa	284 - 287
	Sri Lanka	288 - 294
	Sudan	295 - 296
	Syrian Arab Republic	297
	Tajikistan	298 - 300
	Togo	301 - 305
	Trinidad and Tobago	306 - 307
	Turkey	308 - 315
	Ukraine	316 - 317
	United Arab Emirates	318
	United Kingdom of Great Britain and Northern Ireland	319 - 324
	United States of America	325 - 331
	Uruguay	332
	Uzbekistan	333 - 334
	Venezuela	335 - 343
	Yemen	344 - 345
	Zaire	346 - 351
	V. CONCLUSIONS AND RECOMMENDATIONS	352 - 438
	A. Activities - procedural matters	355 - 371
	B. Violations of the right to life - allegations received and acted upon	372 - 410
	C. Issues of special concern to the Special Rapporteur	411 - 438
	Annex: Introductory statement of the Special Rapporteur to the Commission on Human Rights at its fiftieth session