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Distr.
GENERAL E/CN.4/1996/4
25 January 1996
Original: ENGLISH
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COMMISSION ON HUMAN RIGHTS
Fifty-second session
Item 10 of the provisional agenda
QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL
FREEDOMS IN ANY PART OF THE WORLD, WITH PARTICULAR
REFERENCE TO COLONIAL AND 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 1995/73
* In view of its length, the present document is being issued in the original language only, the Conference Services Division of the United Nations Office at Geneva having insufficient capacity to translate documents that greatly exceed the 32-page limit recommended by the General Assembly (see Commission resolution 1993/94, para. 1).
CONTENTS
Paragraphs
Introductory remarks 1 - 3
Introduction 4 - 6
Chapter
I. THE MANDATE 7 - 12
A. Terms of reference 7 - 9
B. Extrajudicial, summary or arbitrary executions 10
C. Methods of work 11 - 12
II. ACTIVITIES 13 - 25
A. Consultations 13
B. Communications 14 - 15
C. Visits 16 - 17
D. Cooperation with United Nations procedures 18 - 22
E. Other activities to promote the mandate 23 - 25
III. SITUATIONS 26 - 539
A. General 26 - 28
B. Country situations 29 - 539
Afghanistan 29
Algeria 30 - 40
Angola 41 - 44
Argentina 45 - 47
Armenia 48 - 49
Azerbaijan 50
Bahrain 51 - 56
Bangladesh 57 - 61
Belarus 62 - 63
Bolivia 64 - 66
Botswana 67 - 69
Brazil 70 - 80
Bulgaria 81 - 82
Burkina Faso 83 - 84
Burundi 85 - 92
Cambodia 93 - 96
Cameroon 97
Canada 98 - 100
Central African Republic 101 - 102
Chad 103 - 109
Chile 110 - 112
China 113 - 125
Colombia 126 - 150
Côte d'Ivoire 151 - 154
Cuba 155 - 160
Czech Republic 161 - 162
Djibouti 163 - 164
Ecuador 165 - 166
Egypt 167 - 179
El Salvador 180 - 183
Equatorial Guinea 184 - 186
Ethiopia 187 - 191
France 192 - 195
Gambia 196
Georgia 197 - 202
Germany 203 - 207
Guatemala 208 - 227
Honduras 228 - 230
India 231 - 241
Indonesia 242 - 257
Iran (Islamic Republic of) 258 - 265
Iraq 266 - 273
Israel 274 - 284
Kenya 285 - 287
Kuwait 288 - 289
Krygyzstan 290 - 291
Liberia 292 - 298
Libyan Arab Jamahiriya 299 - 300
Lithuania 301
Mali 302 - 304
Mauritania 305 - 306
Mauritius 307
Mexico 308 - 322
Mongolia 323
Morocco 324 - 326
Myanmar 327 - 335
Nepal 336 - 337
Nigeria 338 - 357
Pakistan 358 - 372
Panama 373 - 374
Papua New Guinea 375 - 378
Paraguay 379
Peru 380 - 397
Philippines 398 - 402
Portugal 403
Republic of Moldova 404 - 405
Romania 406 - 407
Russian Federation 408 - 413
Rwanda 414 - 420
Saudi Arabia 421 - 424
Sierra Leone 425 - 427
Singapore 428 - 435
Sri Lanka 436 - 444
South Africa 445 - 451
Sudan 452 - 456
Swaziland 457 - 459
Syrian Arab Republic 460 - 462
Tajikistan 463 - 464
Thailand 465 - 466
Togo 467 - 470
Trinidad and Tobago 471 - 475
Turkey 476 - 494
Ukraine 495 - 497
United Arab Emirates 498 - 499
United Kingdom of Great Britain and Northern Ireland 500 - 503
United Republic of Tanzania 504 - 506
United States of America 507 - 517
Uruguay 518 - 520
Uzbekistan 521 - 522
Venezuela 523 - 525
Yemen 526 - 527
Yugoslavia 528 - 530
Zaire 531 - 536
C. Other
Palestinian Authority 537 - 539
IV. CONCLUSIONS AND RECOMMENDATIONS 540 - 619
A. Capital punishment 540 - 557
B. Impunity 558 - 571
C. Rights of the victims 572 - 576
D. Allegations received and acted upon 577 - 590
E. Issues of special concern to the Special Rapporteur 591 - 619
Introductory remarks
1. The Special Rapporteur wishes to draw the attention of the Commission on Human Rights to the fact that the financial constraints of the United Nations, particularly suffered in the second half of 1995, had negative repercussions on his mandate. The Special Rapporteur regrets to note that the measures taken in this context have seriously affected the way the mandate has been carried out throughout the year, as well as the preparation of the annual report to the Commission on Human Rights concerning extrajudicial, summary or arbitrary executions.
2. The Special Rapporteur is fully aware of the need for the organization to reduce unnecessary expenditures. He deplores, however, that only shortly before the finalization of his report he was informed that if the report was to be translated into other official languages, the length of the report had to be limited to 32 pages, and that the report in any case should not exceed 100 pages.
3. The Special Rapporteur considers it unacceptable that this report, in previous years ranging in length from 130 to 170 pages, should be reduced to 32 pages. However, the Special Rapporteur has done his utmost to reduce the length of the report. As a consequence, details on activities undertaken during the year on individual cases and urgent appeals sent to Governments, as well as on replies or comments received from Governments, could not be reflected in the report in a satisfactory manner. The Special Rapporteur feels that the restrictions imposed are seriously affecting the way the mandate is being carried out, and that he is prevented from reporting to the Commission on Human Rights in a responsible way. He has brought his concerns to the attention of the High Commissioner for Human Rights as well as other decision-making bodies within the United Nations system, and calls on the Commission on Human Rights to take his remarks into consideration when considering the report, and to try to find a suitable solution to this problem.
Introduction
4. The present report, the thirteenth report since the mandate was established in 1982, is the fourth report presented by Mr. Bacre Waly Ndiaye, and is submitted pursuant to Commission on Human Rights resolution 1995/73 entitled "Extrajudicial, summary or arbitrary executions", which was adopted without a vote on 8 March 1995.
5. The present report is divided into four chapters. Chapter I contains the terms of reference of the mandate and describes recent developments in the Special Rapporteur's methods of work. Chapter II is related to activities carried out by the Special Rapporteur in the framework of his mandate, between 25 November 1994 and 25 November 1995. Chapter III describes 94 country-specific situations in which the Special Rapporteur has taken action in the period under consideration. Conclusions and recommendations to improve respect for the international instruments and standards which form the legal basis for the mandate are set out in chapter IV of the report.
6. With regard to the situation of the right to life in Burundi and to the Papua New Guinea island of Bougainville, findings, conclusions and recommendations of the Special Rapporteur, made on the basis of field visits carried out in April 1995 and October 1995 respectively, are contained in two addenda to the present report. (E/CN.4/1996/4/Add.1 and Add.2)
I. THE MANDATE
A. Terms of reference
7. Resolution 1995/73 of the Commission on Human Rights requests the Special Rapporteur "to continue to examine situations of extrajudicial, summary or arbitrary executions". The same resolution requests the Special Rapporteur "to continue to pay special attention to extrajudicial, summary or arbitrary executions of children and women and to allegations concerning violations of the right to life in the context of violence against participants in demonstrations and other peaceful public manifestations or against persons belonging to minorities". In addition, the Commission also requests the Special Rapporteur to continue monitoring the implementation of existing international standards on safeguards and restrictions relating to the imposition of capital punishment (...)".
8. In other resolutions adopted by the Commission on Human Rights at its fifty-first session, special rapporteurs are requested to pay particular attention to certain issues within the framework of their mandates. Those resolutions are the following: resolution 1995/24 entitled "Rights of persons belonging to national or ethnic, religious and linguistic minorities"; resolution 1995/40, entitled "Right to freedom of opinion and expression"; resolution 1995/41, entitled "Human rights in the administration of justice, in particular children and juveniles in detention"; resolution 1995/43, entitled "Human rights and terrorism"; resolution 1995/53, entitled "Advisory services and the Voluntary Fund for Technical Cooperation in the Field of Human Rights"; resolution 1995/57, entitled "Internally displaced persons"; resolution 1995/75, entitled "Cooperation with representatives of United Nations human rights bodies"; resolution 1995/79, entitled "Rights of the Child"; resolution 1995/80, entitled "Comprehensive implementation of and follow-up to the Vienna Declaration and Programme of Action"; resolution 1995/85, entitled "The elimination of violence against women"; resolution 1995/86, entitled "Question of integrating the human rights of women into the human rights mechanisms of the United Nations"; and resolution 1995/88, entitled "Human rights and mass exoduses".
9. In carrying out his mandate, the Special Rapporteur has taken into account the requests made by the Commission on Human Rights in the above-mentioned resolutions, in particular when evaluating and analysing the information that comes before him.
B. Extrajudicial, summary or arbitrary executions
10. Since the creation of the mandate in 1982, action has been undertaken in a variety of situations. During the period under consideration, the Special Rapporteur has taken action in the following cases:
(a) Violations of the right to life in connection with the death penalty. The Special Rapporteur has intervened when capital punishment is imposed after an unfair trial, or in case of a breach of the right to appeal or the right to seek pardon or commutation of sentence. In addition, he intervenes if the convicted is a minor, a mentally retarded or insane person, a pregnant woman or a recent mother. In general, he undertakes action when laws that are applied or trial procedures fall short of international standards, in particular the Safeguards for guaranteeing protection of the rights of those facing the death penalty, or article 6 of the International Covenant on Civil and Political Rights (ICCPR);
(b) Death threats and fear of imminent extrajudicial executions by State officials, paramilitary groups, private individuals or groups cooperating with or tolerated by the Government, as well as unidentified persons who may be linked to the categories mentioned above;
(c) Deaths in custody owing to torture, neglect or the use of force, or life-threatening conditions of detention;
(d) Deaths due to the use of force by law enforcement officials, or persons acting in direct or indirect compliance with the State, when the use of force is not in keeping with the criteria of absolute necessity and proportionality;
(e) Deaths due to attacks by security forces of the State, by paramilitary groups, death squads or other private forces cooperating with or tolerated by the Government;
(f) Violations of the right to life during armed conflicts, especially of the civilian population, contrary to humanitarian law;
(g) Expulsion or refoulement of persons to a country where their lives are in danger, including involuntary repatriation and return to a previous host State, as well as closure of national borders to prevent refugees from entering;
(h) Genocide;
(i) Breach of the obligation to investigate alleged violations of the right to life and to bring those responsible to justice;
(j) Breach of the obligation to provide compensation to victims of violations of the right to life.
C. Methods of work
11. In resolution 1995/73, entitled "Extrajudicial, summary or arbitrary executions", the Commission on Human Rights requests the Special Rapporteur to "continue to examine situations of extrajudicial, summary or arbitrary executions (...)"; 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 execution has occurred". In the same resolution the Commission requests the Special Rapporteur "to enhance further his dialogue with Governments, as well as to follow up on recommendations made in reports after visits to particular countries". In addition, resolution 1995/87, entitled "Human rights and thematic procedures" invites thematic special rapporteurs to include in their annual reports information provided by Governments on follow-up action; encourages them to follow closely the progress made by Governments in the investigations carried out under their mandates; further encourages them to closely cooperate with relevant treaty monitoring bodies and country rapporteurs.
12. Based on these provisions the Special Rapporteur has continued to transmit to the Governments concerned allegations of violations of the right to life (urgent appeals transmitted by fax, or individual case summaries sent by mail), as well as follow-up letters to such communications. For a detailed analysis of the Special Rapporteur's methods of work, reference is made to his report to the fiftieth session of the Commission on Human Rights (E/CN.4/1994/7, paras. 13-67). During 1995, the Special Rapporteur has adopted some innovations with regard to his methods of work, which include:
(a) Joint urgent appeals. In view of resolution 1995/87 entitled "Human rights and thematic procedures" in which special rapporteurs and working groups were encouraged to cooperate closely with relevant treaty monitoring bodies and country rapporteurs, joint urgent appeals have been sent to Governments when issues of concern fell within the mandate of more than one special rapporteur or working group. In 1995, the Special Rapporteur participated in 14 joint urgent appeals with other experts of the Commission on Human Rights to the following countries: Burundi (2), Colombia (1), Cuba (1), Islamic Republic of Iran (1), Israel (1), Nigeria (2), Peru (1), Russian Federation (1), Sudan (1), Turkey (2) and United Republic of Tanzania (1). For further details, reference is made to the corresponding country chapters in the present report;
(b) Questionnaire for sources. Under the same resolution, non-governmental organizations are invited to continue their cooperation with thematic procedures, and to ascertain that the material provided falls under the mandate of these procedures. To facilitate this, the Special Rapporteur has proposed a questionnaire to enable him to collect details essential for the processing of individual cases concerning violations of the right to life. The Special Rapporteur expresses the wish that sources will make extensive use of this new questionnaire which will allow the information received to be processed in a more effective way;
(c) Definition of priorities for action. Due to the increasing number of cases and information of a more general nature brought to the attention of the Special Rapporteur, as well as the lack of human resources available to the Special Rapporteur, priority will be given to cases of violations of the right to life which have reportedly occurred since 1992.
II. ACTIVITIES
A. Consultations
13. The Special Rapporteur visited Geneva from 20 February to 1 March 1995. On 28 February he presented his report to the Commission on Human Rights. He also visited Geneva from 22 to 26 May 1995, from 18 to 22 September 1995, and from 20 to 24 November 1995 for consultations with the Secretariat. During his visits to Geneva he consulted with a number of thematic and country special rapporteurs, representatives and members of working groups of the Commission on Human Rights, the High Commissioner for Human Rights and the Assistant Secretary-General for Human Rights. He also met with representatives of Governments and non-governmental organizations to discuss issues related to the violation of the right to life in specific countries. Furthermore, the Special Rapporteur participated in the meeting of special rapporteurs which was held in Geneva from 29 to 31 May 1995.
B. Communications
14. Between 25 November 1994 and 25 November 1995, the Special Rapporteur transmitted to Governments allegations he had received concerning violations of the right to life 94 countries. The Special Rapporteur transmitted 151 urgent appeals on behalf of more than 452 identified and 791 unidentified individuals, an undetermined number of refugees, civilians in certain regions in various countries as well as members of several families and various indigenous communities. In addition, the Special Rapporteur transmitted 820 cases containing allegations of extrajudicial, summary or arbitrary executions, and sent follow-up letters to 26 countries. During the same period, he received replies from 41 Governments.
15. While the Special Rapporteur thanks the Governments concerned for the replies provided, he is concerned that despite the existence of a "reply form" for cases of alleged extrajudicial, summary or arbitrary executions used in letters which transmit cases, some Governments have not followed the specific requests made in the forms. Consequently, considerable difficulties arose in the processing of information received within the time available before the finalization of the report.
C. Visits
16. In 1995 the Special Rapporteur undertook a visit to Burundi and to the Papua New Guinea island of Bougainville. The Special Rapporteur's reports on these visits, are published in the form of two addenda to the present report. (E/CN.4/1996/4/Add.1 and Add.2)
17. To date, the Special Rapporteur is in possession of standing invitations for a visit from the Governments of Algeria, Azerbaijan, Gabon, Sri Lanka, and an invitation for a follow-up visit to Colombia. Negotiations with the Governments of Bangladesh, India, Liberia and Turkey for a possible visit are ongoing. During 1995 the Special Rapporteur requested an invitation to visit Mexico and reiterated his wish to visit China, Tajikistan and the United States of America to examine in situ violations of the right to life. He also requested the Government of Nigeria to extend an invitation to visit Nigeria jointly with the Special Rapporteur on the independence of judges and lawyers. To date no invitation has been received. For further details reference is made to the corresponding country chapters of this report.
D. Cooperation with United Nations procedures
18. During the period under review the Special Rapporteur has actively participated in the effort to increase the coordination between different United Nations procedures. The innovative practice of joint urgent appeals with different thematic and country rapporteurs, special representatives and chairpersons of working groups was already referred to above.
19. A meeting of special rapporteurs, special representatives, experts and chairpersons of working groups of the Commission on Human Rights was held from 29 to 31 May 1995, at which issues of common concern were discussed. The Special Rapporteur presented a paper during this meeting, on the relation between the High Commissioner for Human Rights and the special rapporteurs of the Commission on Human Rights. The results of this meeting are contained in a report prepared by the Special Rapporteur on the question of torture, who acted as rapporteur of the meeting. (E/CN.4/1996/50, annex)
20. A letter containing copies of allegations sent to the Permanent Mission of Liberia was sent to the United Nations Observer Mission in Liberia (UNOMIL), requesting its cooperation in obtaining information about the cases of alleged extrajudicial, summary or arbitrary executions and the situation with regard to the right to life in general. In the same letter the Special Rapporteur requested information about the mandate of UNOMIL and the Special Representative of the Secretary-General regarding investigations of human rights violations. However, no reply was received from UNOMIL.
21. During his visits to Burundi and the Papua New Guinea island of Bougainville, the Special Rapporteur benefited from the excellent cooperation of the Centre for Human Rights office in Bujumbura and of the United Nations Development Programme in Papua New Guinea. He greatly appreciated the assistance provided by observers of the Organization of the African Unity during his visit to Burundi, as well as the logistical support of United Nations Assistance Mission in Rwanda (UNAMIR).
22. In addition, contacts have been established with the Crime Prevention and Criminal Justice Branch of the United Nations Centre for Social Development in Vienna. After first contacts were made during the preparation process of the Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, which was held in Cairo from 29 April to 8 May 1995, the exchange of reports between the Special Rapporteur and the Crime Prevention and Criminal Justice Branch has become a regular and very helpful practice.
E. Other activities to promote the mandate
23. Aiming at increased awareness of the mandate, the Special Rapporteur gave a number of press conferences during his visits to Burundi and the Papua New Guinea Island of Bougainville. In addition, during 1995, at the request of the Special Rapporteur six press releases were issued with the aim of publicizing certain activities of the Special Rapporteur, and to inform the general public of his concern about some specific country situations. He also gave a number of radio and television interviews for the British Broadcasting Corporation (BBC), Africa Numéro 1, Radio France International, the Australian Broadcast Corporation, and to newspapers from Germany, the Netherlands, Senegal and Switzerland. In addition, the Special Rapporteur participated in a round-table discussion, televised by CNN, which was organized in Geneva by the United States delegation during the fifty-first session of the Commission on Human Rights.
24. Furthermore, he consulted in Praia, Cape Verte, with African non-governmental organizations and members of the African Commission on Human and People's Rights. He consulted also with the Special Rapporteur on extrajudicial, summary or arbitrary executions appointed by the African Commission in order to share views on the respective mandates and possibilities of cooperation. He also participated in the Xème Conférence internationale des Barreaux de tradition juridique commune, which was held in Paris, during which the issue of lawyers and international jurisdictions was extensively discussed.
25. During the period under review, the Special Rapporteur was invited to participate in the Ninth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in Cairo and a conference on prevention of genocide organized by the Government of Rwanda, as well as to give several speeches in different European and Asian universities about his mandate. He regrets, however, that due to both his busy schedule, in particular his activities as a member of the Truth and Justice Commission in Haiti, as well as the financial constraints within the United Nations, he was unable to participate in these activities.
III. SITUATIONS
A. General
26. This chapter gives an account of actions undertaken by the Special Rapporteur between 25 November 1994 and 25 November 1995, on the basis of reports and allegations concerning violations of the right to life, from a variety of sources. It also describes the replies received from Governments to his communications and, where appropriate, contains observations and comments of the Special Rapporteur.
27. The dates of the communications are included in parenthesis, unless otherwise stated. Communications described as "allegations transmitted" or "cases sent" were transmitted to the Government on various occasions during the year, mainly in May, September and October 1995. The follow-up section includes those letters sent to the Governments requesting further details on the allegations, and reminders of cases to which the Government has not yet provided a reply. Communications from the Governments which have reached the Special Rapporteur's office after 25 November 1995 will be included in his report to the Commission on Human Rights at its fifty-third session.
28. Owing to restrictions on the length of this document, the Special Rapporteur has been obliged to reduce significantly details of communications sent and received. In many of the cases, only the names of the victims are listed and a short reference to the Government's reply is reflected in the report. In this context, the Special Rapporteur would like to refer to requests received from some Member States to publish, as part of his report, extensive responses regarding specific cases and other matters. These requests could not be acceded to due to the severe limitations applied to the length of his report. However, this information is available for consultation through the offices of the secretariat of the Commission.
B. Country situations
Afghanistan
29. The Special Rapporteur sent a letter to remind the Government of Afghanistan that no reply had yet been received in the case of Mir Wais Jalil, a BBC World Service journalist, allegedly found dead after having been abducted in Kabul on 29 July 1994, which had been sent to the Government in September 1994 (22 August 1995). 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. (E/CN.4/1996/64)
Algeria
30. The Special Rapporteur received reports concerning the continuing violence and violations of the right to life in Algeria. Three journalists, including whom two women, were reportedly victims of extrajudicial, summary or arbitrary executions and a considerable number of students and prisoners were reportedly killed in different incidents.
Allegations transmitted
31. The Special Rapporteur sent one urgent appeal to the Government, concerning a death sentence handed down on Lembarek Boumarafi by the cour criminelle (criminal court) in Algers for the assassination of President Boudiaf on 29 June 1992. According to the allegations received, his trial had not been in conformity with international standards for a fair trial. He had reportedly not been allowed to choose his own lawyer, and the appointed lawyers reportedly did not have access to all the documents. He allegedly did not have the right to a full review of his sentence by a higher jurisdiction, since the sentence could only be reviewed in cassation by a final court of appeal, the Tribunal suprême (Supreme Court) (6 June 1995).
32. The Special Rapporteur transmitted to the Government the cases of alleged killings of the following three journalists: Yasmine Drici, journalist of Soir d'Algerie, reportedly found strangled after arrest; Azzedine Saidj, editor of the newspaper El Ouma, reportedly found strangled; Malika Sabour, journalist of the weekly Echouroute Al-Arabi, reportedly killed by men in police uniforms.
33. The Special Rapporteur also transmitted to the Government the following 11 cases of extrajudicial, summary or arbitrary executions, concerning the deaths of 149 persons: alleged killings by security forces: Fatah Mizreb and 20 unidentified persons, reportedly killed in Algers; 5 unidentified young persons, reportedly found dead in a square in the area D'Ain Naja in Algers; Kouider Melal and 3 unidentified persons reportedly found dead in El Ataf; Rebai Rabah, whose dead body was reportedly found in a field, bearing signs of torture; alleged deaths in custody: Fouad Bouchelaghem, professor at the University of Blida, reportedly killed in the detention centre of Chateauneuf; 96 unidentified prisoners, reportedly killed on 22 or 23 February 1995 during a mutiny in the Serkadji prison; 10 students including Dahab Omar, Derouiche Abdelbassat, Rahal Abderrazak, Mahadda Salah, Aouinet Abdelkader, Djerad Abdelkader, Arhouma Saad, Maatallah Abdelbaki, Nazli Abdelkamel and Saci Tahar, as well as their professor Khuoider Messaoud, reportedly killed in the detention centre of Annaba; death sentences passed after alleged unfair trials: 7 unidentified persons, reportedly executed in Algers on 31 August 1993, whose declarations were reportedly extracted under torture.
Communications received
34. The Government provided a reply in the case of Lembarek Boumarafi, stating that he had been assigned several defence lawyers by the Bâtonnier de l'ordre des Avocats d'Alger, at the request of the President of the tribunal criminel, after Mr. Boumarafi had reportedly refused to choose one himself. The Government informed the Special Rapporteur that lawyers did have access to the file. The Government furthermore explained that cassation by the Cour suprême was in conformity with the international standards, guaranteeing the right to have a sentence reviewed by a court of higher jurisdiction (10 July 1995).
35. The Government submitted a document to the Special Rapporteur on 23 November 1995, containing replies to the cases transmitted to the Government in 1995. The Government stated that the case of seven unidentified persons had been dealt with in a previous report to the Commission on Human Rights. The Government also informed the Special Rapporteur about the case of Moussa Bouchelaghem who, upon arrest by the police, had confessed to being a member of a terrorist organization and killed trying to flee from custody as he was being taken to the hide-out of his accomplices. Concerning the case of Rebai Rabah, the Government stated that he had never been interrogated by the security forces, nor had the family filed a complaint. However, an investigation by the security forces and the gendarmerie was opened. With regard to the case of 11 students and their professor, the Government brought to the Special Rapporteur's attention that they belonged to an armed terrorist group. In relation to the death of Kouider Melal and three unidentified persons the Government informed the Special Rapporteur about the identity of the other three persons and stated that no official complaint had been filed by the family of the deceased. An investigation into their deaths was being carried out. The Government also brought to the Special Rapporteur's attention the fact that the security forces had never found five dead bodies of youths in the area of Ain-Naadja, as alleged. Concerning the deaths of the three journalists mentioned above, the Government stated that they had been killed by terrorists.
36. The Government transmitted to the Special Rapporteur an extensive reply with regard to the incident at the Serkadji prison; several investigations into the incident had been started. The Special Rapporteur will transmit this information to the sources and will comment on the information received from the Government at a later stage.
37. The Government also provided the Special Rapporteur with a copy of Ordonnance 95-12 of 25 February 1995, concerning clemency measures for persons prosecuted for the crime of terrorism or subversion (3 April 1995).
Observations
38. The Special Rapporteur wishes to thank the Government for the detailed information provided and its willingness to cooperate with the mandate. However, he remains concerned about the climate of violence that reigns in Algeria, in view of the numerous allegations he received throughout the year related to summary executions by security forces. He also remains concerned about the number of political killings, especially of women, journalists, students and teachers, by members of armed Islamic groups, that have been brought to his attention. The Special Rapporteur is deeply concerned about the violence against people who expressed criticism at the ongoing violence resulting in killings of journalists, intellectuals, teachers and students, and finds these reports particularly disturbing.
39. The Special Rapporteur would like to bring to the attention of the Government of Algeria the procedure of cassation which does not conform to the international norms concerning the right of a convicted person to have his sentence reviewed by a higher jurisdiction. The current procedure provides a review of the legal aspects of the case, but excludes a review as to the facts. The Special Rapporteur would like to point out that in the French legal tradition, on which the Algerian system of cassation is based, steps are being taken to review the traditional system in order to allow the establishment of an appeal procedure in criminal cases falling within the jurisdiction of the Cour d'assises which will allow a review of both the legal aspects as well as the facts of a case. He appeals to the Government of Algeria to revise its legislation so as to make it conform to the relevant international standards.
40. The Special Rapporteur would also like to express his hope that the outcome of the presidential elections which were held in November 1995 will result in a continuation of the dialogue between the Government and all opposition parties, and efforts will continue towards negotiations with a view to ending the armed confrontation and violations of human rights resulting therefrom. He moreover calls upon the Government to ensure that a climate more favourable to respect for human rights will be created in Algeria as part of a return to peace and security.
Angola
41. The Special Rapporteur continued to receive reports about violations of the peace agreements, by both the Government and UNITA, including the laying of additional land-mines. The Special Rapporteur also continued to receive reports about death threats received by several journalists.
Allegations transmitted
42. The Special Rapporteur forwarded the following case to the Government: Ricardo De Mello, director of the Impartial Fax Newsletter, reportedly killed in Luanda on 18 January 1995, by members of the security forces who arrested him after he had reportedly published an article about UNITA and its leader Mr. Savimbi, and after having announced death threats received by several journalists.
Communication received
43. The Government provided the Special Rapporteur with a reply to cases sent in 1995. In the case of Ricardo de Mello, the Government stated that the police has carried out an investigation but so far the killers could not be identified (22 October 1995).
Observations
44. The Special Rapporteur thanks the Government of Angola for the information provided in the reply and the willingness to cooperate with the mandate. He hopes that the signing of the UNAVEM III agreement in May 1995 will contribute to an improvement of the human rights situation in Angola. However, the situation remains a matter of great concern, in particular allegations concerning extrajudicial, summary or arbitrary executions of unarmed civilians as well as of journalists. The Special Rapporteur expresses his wish that more attention will be paid to human rights in the peace process, in particular to issues regarding the prevention of violations, human rights education and impunity, both at a national level and at the level of the United Nations, especially within the human rights division of UNAVEM III.
Argentina
Allegations transmitted
45. The Special Rapporteur sent two urgent appeals to the Government of Argentina, in which he expressed concern for the safety of the following persons: María Alejandra Bonafini, daughter of the President of the organization Mothers of the Plaza de Mayo, after she had reportedly received death threats in relation to her mother's work (5 April 1995); Mabel Cristina Laguens de Rodríguez, Felipe Rodríguez Laguens and Dr. Federico Huber, relatives and lawyer of Diego Rodríguez Laguens, a 26-year-old engineer reportedly killed in custody in San Pedro Jujuy in February 1994. Fears for their safety were expressed particularly at the beginning of the oral public proceedings of the trial for the murder of Diego Rodríguez Laguens (30 October 1995) (E/CN.4/1995/61, para. 54).
Follow-up
46. The Special Rapporteur sent a letter reminding the Government of the aforementioned urgent appeal sent on behalf of Alejandra Bonafini, to which no reply had not yet been received (21 August 1995).
Communications received
47. The Government of Argentina then replied to the urgent appeal sent on behalf of Alejandra Bonafini, stating that investigations into the case had been initiated by competent authorities (27 September 1995). Regarding the case of Diego Rodríguez Laguens, the Government provided a copy of a letter dated 25 November 1994, the content of which was reflected in last year's report (E/CN.4/1995/61, para. 55).
Armenia
Allegations transmitted
48. The Special Rapporteur sent to the Government the following two cases, relating to the death of nine persons: Ardavast Manukian, member of the Armenian Revolutionary Federation, the main opposition party, who reportedly died in the Interior Ministry Hospital on 16 May 1995, whilst in custody of the National Security Agency; eight unidentified prisoners of war of Azerbaijani nationality, who reportedly died in the Armenian Ministry of Defence prison in Yerevan, on 29 January 1994.
Observations
49. The Special Rapporteur regrets that by the time the present report was finalized, no reply had been received from the Government.
Azerbaijan
50. The Special Rapporteur sent the following two cases to the Government of Azerbaijan, concerning the reported deaths of two persons after arrest: Djavadov Rovshan Bahtiarovich, Vice-Minister of the Interior, who reportedly died in a hospital on 17 March 1995, as a result of injuries sustained after an alleged attack against his residence, by presidential troops; Shamardan Jafarov, Member of Parliament, representing the opposition party Popular Front of Azerbaijan, who reportedly died whilst in a prison hospital in Baku, on 29 June 1995, allegedly after having been shot by the police.
Bahrain
51. The majority of the reports received by the Special Rapporteur with regard to violations of the right to life in Bahrain were related to demonstrations that occurred throughout the country between December 1994 and April 1995. The demonstrations were held to ask for the release of political prisoners, to request the reinstallation of the National Assembly, which was reportedly dissolved in 1975, and for the Government to respect the 1973 Constitution.
Allegations transmitted
52. The Special Rapporteur sent an urgent appeal to the Government of Bahrain, concerning the alleged killing of Nidal Habib Ahmad a-Nashaba by security forces, during a demonstration on 4 May 1995, in al-Duraz, which was held to commemorate the fortieth day after the killing of the 17-year-old 'Abd a-Hamid 'Abdullah Qassem, who was reportedly killed by security forces on 25 March 1995. The Special Rapporteur requested information regarding both cases, and asked the Government of Bahrain to take measures to prevent the recurrence of similar incidents (12 May 1995).
53. The Special Rapporteur also sent the following 15 cases: alleged killings by police: Mirza Ali Abdul Redha, reportedly killed by riot police during an attack on a mosque in Jed Hafs, on 20 December 1994; alleged killings by security forces during a demonstration: Bader Habib and Hani al-Wasti, Hani Abbas Khamis, Haj Mirza Ali, Hussain Kanbar, Abdul Qader Mohsin a Fatlawi, Sakina al Ghanmi and Rida Mansur A-Haji, Hussain al-Safi, Hamid Abdulla Y. Qassim, Mohammad Jaffar Yousif Twaig and Mohammed Ali Abdul Razaq; alleged deaths in custody: Saeed Abdul Rasool al-Iskafi, aged 16 years, who reportedly died after torture and sexual abuse on 8 July 1995, whilst in custody in A-Khamis police station.
Follow-up
54. The Special Rapporteur sent a follow-up letter, reminding the Government of Bahrain of the urgent appeal and the cases that had been transmitted earlier in the year (22 August 1995).
Communications received
55. The Government provided the Special Rapporteur with a reply to the urgent appeal and cases sent earlier in 1995, informing the Special Rapporteur that the allegations received were being examined and further information would be made available as soon as the investigations were finished. The Government stated that the violence which had occurred between December 1994 and April 1995 was a result of foreign-backed terrorist activities. The Government also informed the Special Rapporteur that the situation had been quiet for some time, and that at the time when the reply was received, a number of rallies of unprecedented size and volatility had been held without any incident (15 November 1995).
Observations
56. The Special Rapporteur appreciates the willingness to cooperate with the mandate shown by the Government of Bahrain in providing him with the above-mentioned reply. However, he wishes to express his concern about the number of allegations he has received relating to extrajudicial, summary or arbitrary executions that occurred in Bahrain in 1994 and 1995. He expresses the hope that all necessary measures will be taken by the Government of Bahrain in accordance with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, in order to prevent further killings of demonstrators. The Special Rapporteur also hopes that perpetrators of human rights violations will not enjoy impunity and that victims will be compensated. In addition, the Special Rapporteur expresses his deep concern about the alleged death of a minor during detention.
Bangladesh
57. The Special Rapporteur received allegations of extrajudicial, summary or arbitrary executions carried out by soldiers of Bangladesh against persons of Chakma origin on several occasions in 1994. He furthermore received information about a reported killing of a student from the Chittagong Hill Tracts, killed by State forces during a student demonstration in March 1995.
Allegations transmitted
58. The Special Rapporteur forwarded the following cases to the Government containing allegations of killings of four people of Chakma origin by soldiers: Ghana Alo Chakma, reportedly shot dead in the Rangamati District; Lal Rijot Bawm, reportedly shot dead in the Bandarban district; Bhanu Mati Chakma (female), reportedly raped and stabbed to death by soldiers at an army camp in Bamer Longadu. He also transmitted allegations concerning the death of Umaung Prue Marma, student from the Chittagong Hill Tracts and member of the Hill Student Council, reportedly killed on 15 March 1995 during a demonstration in Bandarban, when State forces opened fire on the crowd. Furthermore, the Special Rapporteur transmitted the case of one unidentified person, allegedly a member of the Shaniti Bahini, the armed wing of the political party Jana Sanghati Samiti (People's Solidarity Association), who was reportedly killed by the armed forces near Bali Bazar.
Communications received
59. The Government replied in the case of the death of Gnana Alo Chakma, and stated that this was a result of accidental firing by a soldier, against whom unspecified disciplinary measures had been taken. The family had withdrawn the case from the police after an investigation had been carried out by local police and security forces, and they were awarded compensation for buying land. The Government informed the Special Rapporteur about the death of Lal Rijot Bawm in which investigations did not lead to identification of the perpetrators. The family of the victim had been paid a certain amount of money as a humanitarian grant. In addition, the Government stated that the allegations of the killing of a member of the Shanti Bahini on 20 May 1994 were without any basis (17 August 1995).
60. The Government acknowledged receipt of the allegations sent by the Special Rapporteur on 13 October 1995 (8 November 1995).
Observations
61. The Special Rapporteur thanks the Government of Bangladesh for the information provided in its replies and hopes once more that the authorities may reconsider their refusal to invite him to visit Bangladesh. He expresses concern at allegations about continuing violations of the right to life in Bangladesh, although he received only enough detailed information to act upon in one individual case that occurred in 1995. He also remains concerned about reports indicating that the indigenous population, in particular the population of the Chittagong Hill Tracts, continues to be victims of violence. With regard to the information provided by the Government concerning compensation paid to family members of the deceased, the Special Rapporteur would like to emphasize that such compensation could never be a substitute for a proper judicial process. He calls upon the Government to continue its fight against impunity and to take measures to ensure that human rights violations do not recur.
Belarus
62. The Special Rapporteur was informed about the secrecy surrounding the application of the death penalty in Belarus. It was brought to his attention that the date of execution is generally not made public, and relatives of those convicted and sentenced are reportedly not notified in advance. The Special Rapporteur, however, did not receive enough detailed information to intervene in individual cases.
Observation
63. The Special Rapporteur wishes to emphasize that the right to a public trial forms part of the standards of a fair trial. He therefore calls upon the Government of Belarus to adapt its legislation to conform with international standards for a fair trial.
Bolivia
Allegations transmitted
64. The Special Rapporteur transmitted to the Government of Bolivia the case of Felipe Pérez, who was reportedly killed by members of the police in August 1994.
Communications received
65. The Special Rapporteur was informed that an estado de sitio (state of emergency) had been declared on 18 April 1995, in accordance with articles 111, 112 and 96 of the Constitution. It was imposed because of the continuing strikes, blockades and acts of violence committed against persons, property, public order and social peace, reportedly by trade union movements and private individuals (20 April 1995).
Follow-up
66. The Special Rapporteur sent a follow-up letter to remind the Government that no reply had been received on the case of Felipe Pérez (22 August 1995). By the time the present report was finalized, no reply had been received from the Government.
Botswana
67. The Special Rapporteur received information about civil unrest and violent confrontations which reportedly occurred in November 1994 and early 1995. The Special Support Group (SSG), a paramilitary force, which is generally used in case of civil unrest, was reported to have repeatedly used excessive force against demonstrators and other civilians who had not been involved in any violent activities.
68. The Special Rapporteur transmitted one case to the Government of Botswana, concerning the alleged killing of Binto Moroke, 17 years of age, who was reportedly killed after being beaten up on 19 February 1995, by six members of the SSG in Mochudi.
Observations
69. The Special Rapporteur regrets to note that by the time the present report was finalized, no reply had been received from the Government. He appeals to the Government to take appropriate measures to prevent the recurrence of deaths due to excessive use of force against demonstrators, and to investigate the allegations.
Brazil
70. The Special Rapporteur continued to receive reports concerning violations of the right to life in Brazil, particularly in the context of land disputes in rural areas. Information about the excessive use of force by military police against squatter peasants was also brought to his attention. Allegations of threats and harassment of human rights workers, and particularly members of the judiciary investigating crimes committed by military police, have also been received.
71. Street children allegedly continue to be targeted by death squads, reportedly composed of off-duty military and civil police officers and at times supported by local police. In this context, it is reported that recent jurisprudence of the Federal Supreme Court has established that in matters of crimes against children, the competent courts are the civilian tribunals even if the perpetrator is a military officer. However, it is alleged that only a few of those allegedly responsible for the killings are brought to justice and that a large number of crimes continue to go unpunished.
Allegations transmitted
72. The Special Rapporteur sent eight urgent appeals calling on the authorities to adopt all necessary measures to guarantee the protection of the lives of the following persons:
(a) Wagner Dos Santos, a key witness to the Candelaria massacre, after he was reportedly found unconscious near Rio de Janeiro's railway station, with several bullet wounds (22 December 1994). Two other urgent appeals were sent on his behalf, after receiving additional information that he was subjected to threats and harassment (5 April 1995 and 11 October 1995);
(b) Adao Soares, Joao Andre and other members of the Macuxi indigenous community, after tensions rose between them and the military police of the State of Roraima over a protest at the construction of a hydroelectric dam which may affect the Macuxi land (24 January 1995);
(c) Bartolomeu Homem D'El-Rei Pinto, Rutonio Jorge F. de Sant'Anna, and other members of the Asociaçao Dos Servidores da Fundaçao Biblioteca Nacional, after receiving death threats in relation to their investigations into the disappearance of a colleague, Marcos Antonio Rufino da Cruz (7 April 1995);
(d) Public prosecutors Mauricio Assayag, José Muiños Piñeiro and judge Maria Lucia Capiberibe, who reportedly received death threats in relation to their role in court proceedings against military and civilian police accused of the Vigario Geral massacre, where 21 persons were killed (13 July 1995). Another urgent appeal was transmitted on behalf of Franco Canvea Jr., Fernando César Nucci and Stella Kuhlmann, public prosecutors at the military courts in São Paulo, after they reportedly received death threats because of their work as prosecutors of military police officers involved in human rights violations (3 August 1995);
(e) Caio Ferraz, administrator of Casa da Paz, in the Rio de Janeiro shanty town of Vigario Geral, Elias Lizardo Da Cunha and other residents of Vigario Geral, after receiving death threats and being harassed, allegedly by police officers.
73. In addition, the Special Rapporteur transmitted the alleged cases of extrajudicial, summary or arbitrary executions of Vanessa dos Santos Silva (7 years old), Nelsi Ferreira, Enio Racha Borges, José Marcondes da Silva, Ercilio Oliveira de Campo, Odilson Feliciano, Ari Pinheiro Santos, Sergio Rodriguez Gomes and two other unidentified persons, all of them squatter peasants in Corumbiara, Rondonia State, reportedly killed on 9 August 1995 during a confrontation between State military police after a reported unsuccessful attempt by military police to carry out an eviction order.
Communications received
74. The Government provided an additional reply regarding the case of Reinaldo Silva, which had been raised with the Government in 1993. According to the reply, a military police inquiry was opened to investigate the killing and the case had been referred to the State military court (29 April 1995).
75. The Government also provided information concerning Wagner dos Santos. According to the Government, special protection by the policia militar (military police) was granted to him 24 hours a day and he was transferred to another hospital. According to the information received, the trial against those accused of the Candelaria massacre would take place at the end of the first semester of 1995. It furthermore stated that recent threats received by Wagner dos Santos were under investigation (18 April 1995). Additional details on the judicial developments of the Candelaria case were also provided to the Special Rapporteur (6 July 1995). Furthermore, in a communication dated 15 November 1995, the Government reiterated that Wagner dos Santos was under police protection.
76. Concerning death threats received by prosecutors Mauricio Assayag, José Munhoz Pinheiro and judge Maria Luiza Capiberibe, the Government declared that they had been put under police protection (21 July 1995).
77. Regarding the violent events which took place in Santa Elina estate, in Corumbiara, Rondonia, the Special Rapporteur was informed that the Government of the State of Rondonia ordered the opening of a police inquiry to determine whether criminal actions had been committed and, if this was the case, to identify those responsible. A military police inquiry was also ordered to examine the legality of the behaviour of police involved in the operation. According to the Government, despite the fact that inquiries are under way, it appears that there was a "loss of control and arbitrariness on the part of the soldiers"; however, definite conclusions can be drawn only after the investigations have been concluded. The Government also reported that the Secretary of State for Public Security of the State of Rondonia, who was considered to be principally responsible for the operation, has been removed from office (2 October 1995 and 16 November 1995).
Follow-up
78. The Special Rapporteur thanked the Government for the replies provided and requested more details about the proceedings in the case of Reinaldo Silva, and the status of inquiries into the threats received by Wagner dos Santos. The Special Rapporteur also reminded the Government of the cases for which a reply had not yet been received (22 August 1995).
Observations
79. The Special Rapporteur wishes to thank the Government of Brazil for the willingness to cooperate with his mandate and welcomes the progress made so far by the Government in its fight against impunity. He remains concerned, however, at the allegations about violations of the right to life in the context of land conflicts and "social cleansing". Precedents regarding the competence of civil tribunals in cases of killings of street children committed by police officers are highly welcome. Nevertheless, he wishes to emphasize that reports of endemic impunity continue to reach his office. In this connection, he wishes to remind the Government of its obligation under international law to bring those responsible for human rights violations to justice and urges the Brazilian authorities to increase their efforts to put an end to impunity, particularly by law enforcement officials.
80. The Special Rapporteur is particularly concerned about the allegations of harassment of members of the judiciary, prosecutors, lawyers and witnesses of human rights violations. He calls on the authorities to take all necessary measures to ensure that those involved in the judicial process may exercise their functions freely under the protection of the State without being subjected to intimidation, in accordance with the guarantees contained in the Basic Principles on the Role of Lawyers, the Guidelines on the Role of Prosecutors and the Basic Principles on the Independence of the Judiciary. In particular, he expresses deep concern in respect of the threats and attacks continuously suffered by Wagner Dos Santos, witness of the Candelaria massacre, particularly as such attacks took place while he was already under State protection.
Bulgaria
81. The Special Rapporteur sent the following two cases to the Government of Bulgaria, concerning allegations of extrajudicial, summary or arbitrary executions: Angel Angelov, of Roma origin, reportedly shot dead on 20 March 1995 by a police officer in the Roma neighbourhood of Nova Zagora, in the district of Sliven; Lyubcho Sofiev Terziev, also of Roma origin, who reportedly died on 6 August 1994 at the police station of Kazanluk, while in police custody.
Observations
82. The Special Rapporteur regrets that at the time of the finalization of the report, no reply had been received from the Government. He expresses concern about reports indicating that persons belonging to the Roma minority are the main victims of police violence, in particular of violations of the right to life. He calls upon the Government to take measures to prevent the occurrence of such violations, to investigate the allegations, and to provide victims with appropriate compensation.
Burkina Faso
83. The Special Rapporteur sent the following two cases to the Government of Burkina Faso, concerning alleged violations of the right to life of two persons, both students: Blaise Sidiani, 18 years old and Emile, 14 years old, allegedly killed during a demonstration by members of the security forces in Garango, on 9 May 1995.
Observations
84. The Special Rapporteur regrets that by the time the present report was finalized, no replies had been received from the Government. He urges the Government to take the necessary steps in order to prevent deaths due to the excessive use of force by security forces against demonstrators as referred to above. He wants to express his deep concern at the death of two young schoolboys under such circumstances in Garango. He calls upon the Government to take immediate steps to investigate the allegations, to prevent their recurrence and to provide compensation to families of the victims.
Burundi
85. The Special Rapporteur undertook a visit to Burundi from 19 to 29 April 1995 to examine violations of the right to life in that country. The findings, conclusions and recommendations of the Special Rapporteur can be found in the first addendum to the present report (E/CN.4/1996/4/Add.1). The Special Rapporteur's visit, which was conducted within the framework of his mandate, involved the examination of issues concerning violations of the right to life in that country.
86. For an in-depth analysis of the human rights situation in Burundi, the Special Rapporteur refers to the report presented to the Commission on Human Rights, by the Special Rapporteur on the situation of human rights in that country (E/CN.4/1996/16).
Allegations transmitted
87. The Special Rapporteur sent four urgent appeals to the Government of Burundi. He urged the authorities to ensure effective protection of the right to life of: Deógratias Sindaruhunga, of Hutu ethnic origin, reportedly arrested and transferred to a military camp in Bubanza where he was allegedly at risk of being killed (6 January 1995); civilian population targeted for ethnic killings, after receiving information that a large number of civilians had been killed in the context of disarmament and military operations, specifically in the Bwiza, Buyenzi, Kinama and Kamenge suburbs of Bujumbura (12 June 1995 and 28 August 1995); Burundi and Rwandese refugees, after receiving information that they were being forcibly returned to Burundi by Tanzanian security forces, where they could risk summary execution. The same appeal was sent to the Government of the United Republic of Tanzania (6 July 1995). This urgent appeal was jointly sent with Mr. Nigel Rodley, Special Rapporteur on the question of torture.
Observations
88. The Special Rapporteur regrets that to date, no comment has been received from the authorities of Burundi to his report on the situation of the right to life in the country. It is therefore not known what measures have been adopted by the Government to implement the recommendations made by the Special Rapporteur after his visit.
89. The Special Rapporteur considers that the human rights situation in Burundi continues to be extremely serious, and are related to the prevailing abuses against the right to life which have taken root among Tutsi and Hutu communities, the infernal spiral of violence into which Burundi has been plunged, and impunity. Pervasive violence generated by armed militia and bands are also indicators of the general deterioration of the situation and the prevalent insecurity in Burundi. Violence is exacerbated by media incitement to racial hatred, particularly in the written press. Paralysis of the State institutions, specifically the judiciary, is generating impunity and continuation of violations.
90. The failure to take concrete measures with immediate effect by either the Burundian authorities or the international community in order to put an end to this violence and prevent its degeneration into genocide has also contributed to shaping the situation.
91. The Special Rapporteur welcomes the nomination by the Commission on Human Rights of a Special Rapporteur on the situation of human rights in Burundi, Mr. Paulo Sergio Pinheiro, and hopes that efforts by national authorities and the international community will help reduce the level of violence and lead to a climate of peace and security.
92. The Special Rapporteur is convinced that the situation in Burundi cannot be tackled in isolation and must be considered within the context of the regional conflicts which affect the countries of the Great Lakes region. For this reason he recommends extension to Burundi and to the whole Great Lakes region the field of competence of the International Tribunal on Rwanda. In this context, he would like to express his dismay at the grave and disturbing situation of Rwandese and Burundian refugees in Zaire, and appeals to the international community and the concerned Governments to find a solution to the problem, which is increasingly affecting the fragile situation in the central African region.
Cambodia
93. Reports received from sources in 1995 expressed concern about the weakness of the judicial structure in Cambodia as well as impunity enjoyed by the military and security forces regarding human rights violations committed by them. The Special Rapporteur received allegations about intimidation of the judiciary by police and military officers, in order to thwart due process of law. With regard to an analysis of the situation prevailing in Cambodia, reference is made to the report of the Special Representative of the Secretary-General on the situation in the country (E/CN.4/1996/93).
Allegations transmitted
94. The Special Rapporteur sent one urgent appeal to the Government of Cambodia, upon receiving reports in which fears had been expressed for the life and physical integrity of the staff of the newspaper Preap Norm Sar after journalist Chan Dara had reportedly been killed on 8 December 1994. According to the source he had previously been threatened by the military of Kompong Cham, a threat which was presumably related to his investigation into the illegal participation of the military in the trade in wood in the province (22 December 1994).
95. The Special Rapporteur also sent to the Government of Cambodia the following 15 cases, 7 of which were related to violations of the right to life committed by members of the S-91 Unit, the Special Investigation Bureau of the Fifth Military region: alleged killings by armed forces: Hun Sourn, reportedly killed by 4 soldiers of the Forces armées populaires cambodgiennes in Youk-Lang; Mov Ving and Neth Thong, whose families have reportedly been receiving death threats, were reportedly killed in Kach Char village; alleged killings by members of the Bureau d'intelligence militaire special S-91: Lim Tree, reportedly tortured and killed in Anlongvil Village; Mr. Dam, reportedly shot dead in Kampong Ko village; Thoeun Chen, reportedly killed in Rohae village; 3 unidentified persons, reportedly killed in Tuol Daeum Thnaot after being kidnapped by members of the Bureau d'intelligence militaire special KO-1; So Ngy, reportedly shot dead in Cheu Kmau; Sous Saveun, reportedly killed in Cheu Kmau; Kouang, reportedly killed in Chei Kmau; alleged killings by military police: Ang Kouy, leader of the political party, Front uni national pour un Cambodge independant, neutre, pacifique et cooperatif (FUNCINPEC), and his nephew Yin Nhath, reportedly killed in Borivas, Kampot Province; other alleged killings: Nuon Chan, editor of the newspaper Samelng Yu Vachun Khmer, reportedly killed by unknown individuals in Wat Phnom, Phnom Penh, after being put under surveillance allegedly for publicizing articles about the corruption of authorities.
Observations
96. The Special Rapporteur regrets that by the time this report was finalized, no reply to the allegations transmitted had been received from the Government.
Cameroon
97. The Special Rapporteur sent a letter to the Government of Cameroon on 22 August 1995, reminding it of an urgent appeal which had been sent to the Government on 7 March 1994, concerning the civilian Arab population in the region of Logone and Chari, as well as of the case of Cyprian Tanwie Ndifor, sent to the Government on 3 June 1993, to which no reply was received (see E/CN.4/1995/61, para. 85).
Canada
98. During 1995, the Special Rapporteur transmitted the cases of Nicholas Cotrell, 15 years old, and George Dudley, reportedly killed by the Ontario Provincial Police (OPP) on 6 September 1995. It was alleged that the OPP opened fire on a group of unarmed Pottawatimi and Ojibway men, women and children who were defending a sacred burial ground located in Ipperwash Provincial Park, Ontario.
99. The Permanent Mission of Canada to the United Nations informed the Special Rapporteur that Canadian federal authorities have sought information from the competent authorities of the Province of Ontario which will be provided shortly to the Special Rapporteur (24 November 1995). Furthermore, the Government informed the Special Rapporteur that on 6 September 1995, a confrontation between the occupiers of Ipperwash Provincial Park took place. According to the Government, police officers who were responding to the confrontation were fired upon and they returned fire. As a result of the incident, George Dudley died and Nicholas Cotrell was injured and subsequently taken to the hospital, from where he was released shortly afterwards. In addition, the Government stated that the incident is currently being investigated by the Special Investigation Unit (25 November 1995).
Observations
100. The Special Rapporteur urges the Government to investigate such disturbing allegations, identify and bring the perpetrators to justice and compensate the families of the victims.
Central African Republic
101. On 22 August 1995, the Special Rapporteur sent a letter to the Government of the Central African Republic, as a reminder of the urgent appeal concerning the cases of Dieudonné Kalanga Belly, Antoine Metende, Alain-Issac Gbalele and Boris Barnabé Wili Bona, which had been sent to the Government in 1994 (E/CN.4/1995/61, para. 86).
102. At the time of the finalization of the report, no reply had been received from the Government.
Chad
103. The situation in Chad reportedly remained tense, particularly in the south, where rebel groups were said to be operating. Counterinsurgency operations and reprisal attacks against the armed opposition were alleged to be resulting in violations against the civilian population. Several sources expressed their concern about the continuing climate of impunity, particularly for security forces, allegedly responsible for a variety of human rights violations including large-scale extrajudicial executions in the aftermath of the coup d'état in 1990. Some 1,500 civilians were alleged to be the victims of extrajudicial killings by the army since 1990, in particular by the Garde républicaine (Republican Guard). This is due to a general breakdown in the judicial system which has made prosecution of these crimes impossible.
104. In addition, the Special Rapporteur received reports about the current situation which seems to result in a two-track army, with an inadequately equipped regular army, and a very well-equipped Garde républicaine enjoying the support of the President of the Republic. The transitional Government, established in 1993, has declared a commitment to abolish the climate of persisting human rights violations. However, hardly any progress seems to have been made particularly in relation to the reform or reinforcement of the judicial system. Moreover, the transitional Government was reported to have created a National Security Agency, with direct responsibility to the President, which, in practice, allegedly repressed civilians and political opponents.
105. The Special Rapporteur, however, did not receive enough detailed information to be able to send any concrete cases of violations of the right to life that occurred in 1995 in Chad.
Allegations transmitted
106. The Special Rapporteur sent an urgent appeal to the Government of Chad with regard to the reported death sentence handed down in November 1994 on Yachoub Issaskha by the Cour criminelle d'Abéché, allegedly after an unfair trial (20 January 1995).
107. The Special Rapporteur also forwarded the following 4 cases to the Government of Chad, concerning the alleged killing of 4 identified and 200 unidentified persons: Alleged killings by members of the Garde républicaine: Ahmat Ali, reportedly killed in January 1994 in Abéché; Abbas Koty Yacoub, President of the Conseil national de Redressement and member of the opposition, reportedly killed on 22 October 1993; alleged killings by the armed forces: Adoum Mahamat, his brother and 200 unidentified civilians, reportedly killed in January 1994 in Abéché by members of the armed forces.
Follow-up
108. On 22 August 1995, the Special Rapporteur sent a letter of reminder to the Government of Chad in respect of the urgent appeal which had been sent on 20 January 1995 and to which he had not received a reply.
Observations
109. The Special Rapporteur regrets that by the time the present report was finalized, no reply had been received from the Government. The Special Rapporteur remains concerned that extrajudicial, summary or arbitrary executions continue to be carried out, in particular by security forces which seem to operate with virtual impunity. He is deeply concerned about the apparent lack of the rule of law in Chad, and calls on the Government to ensure that investigations into the allegations are carried out and that security forces fully respect the limitations and restrictions on the use of force and firearms, as contained in international instruments. Furthermore, the Special Rapporteur calls upon the Government of Chad to take all possible measures for the establishment of an effective independent judicial system in the country.
Chile
Allegations transmitted
110. The Special Rapporteur transmitted the case of Nelson Riquelme Albornoz, a 16-year-old student, reportedly killed by the police on 11 September 1995 during a demonstration in Santiago de Chile.
Communications received
111. By letter dated 28 November 1994, the Government of Chile provided information concerning the case of Carmelo Soria Espinoza, Spanish citizen and staff member of the United Nations Centre for Demography in Latin America, reportedly killed in 1976 by members of the former Dirección de Inteligencia Nacional (DINA) Directorate of National Intelligence. According to the Government, investigations had stopped in 1979 due to lack of evidence. Judicial inquiries were resumed, however, in 1991 and the case was terminated in 1993, after confirmation by the Supreme Court of an amnesty granted to eight military officials by the military tribunal. Following an appeal by the victim's family to the Supreme Court, the case was reopened in 1994. Judicial proceedings are still under way. A compensation of US$ 307 per month has been granted to the victim's widow.
Observations
112. The Special Rapporteur welcomes the confirmation of the conviction of General Manuel Contreras Sepúlveda and Brigadier General Pedro Espinoza, by the Supreme Court early in 1995, for having ordered the car-bomb murder in 1976 of Chilean official Orlando Letelier. The Special Rapporteur considers that the implementation of the sentence, although a beginning in the Government's efforts to fight impunity, is not commensurate with the large-scale human rights violations committed in Chile under the regime of General Pinochet.
China
113. The Special Rapporteur continued to receive reports relating to the application of the death penalty in China, in which concern was expressed at the large number and broad range of crimes subject to capital punishment, which included non-violent offences. According to the information received, 2,496 death sentences and 1,791 executions were recorded in 1994. The Special Rapporteur has also been informed that in death penalty cases, lawyers, when available, usually have no more than two days to prepare the defence. Allegedly, death sentences are often decided upon in advance of the trial by "adjudication committees", whose decisions reportedly are rarely challenged by the courts. Allegations have also been received, according to which the death penalty tends to be imposed disproportionately on people of low social standing who do not have access to a proper legal defence.
114. It has also been reported that executed prisoners are being used as a source of supply of body organs for medical transplantation. In this context, the Special Rapporteur received alarming information according to which execution procedures prescribed by Chinese law are sometimes violated in order to facilitate harvesting of prisoners' organs. In this connection, it has been reported that some of the executions carried out are deliberately mishandled to ensure that prisoners are not yet dead when their organs are removed. These allegations were transmitted to the Government by letter dated 22 August 1995.
Allegations transmitted
115. The Special Rapporteur sent seven urgent appeals expressing fear for the lives and physical integrity of the following persons: Wang Dan, former Tiananmen Square student leader, reportedly threatened with death by Chinese police allegedly because he had sued the Beijing Public Security Bureau for violating his right to privacy and personal freedom (19 December 1995); Gao Yu, journalist, serving a six-year sentence in prison, reportedly denied necessary medication for heart disease (25 January 1995); Lodroe Gyatso, of Tibetan origin, imprisoned in Drapchi prison, reportedly sentenced to death after having been accused of shouting pro-independence slogans in prison (7 June 1995); Wang Jianye and Shi Yanqing, reportedly scheduled to be sentenced to death for economic offences (28 August 1995 and 28 September 1995); Luo Guohong, reportedly sentenced to death for embezzlement by a court in Guangdong province (2 November 1995).
116. In addition, the Special Rapporteur sent another urgent appeal expressing fear that the number of executions might increase prior to the Fourth World Conference on Women. In his urgent appeal he referred to the fact that on 10 and 16 August 1995, at least 26 persons were executed, to ensure "public order" during the Conference. He made special reference to Wang Yuming, Zhang Zhejun, Xie Qiusheng, Pan Yongli, Jiao Zengtian and Kong Zhong, reportedly executed at a large public rally immediately after their hearing, apparently without granting the right to appeal (23 August 1995).
117. Furthermore, the Special Rapporteur urged the authorities to investigate the following cases of alleged deaths in custody: Gyaltsen Kalsang, alias Kalsang Dolma Gangong, a 24-year-old Tibetan nun who reportedly died in Drapchi prison as a result of beatings sustained during imprisonment; Tashi Tsering, a Tibetan monk who reportedly died as a result of ill-treatment sustained whilst serving a seven-year prison term at Drapchi prison; Cherub Ngawang, a 15-year-old a Tibetan nun who reportedly died at her home three months after her release from Trisam Re-education through Labour camp, as a result of ill-treatment suffered in custody; Zheng Musheng, who died while in custody at Dongkou County Public Security Bureau eight days after his arrest.
118. The Special Rapporteur also transmitted the case of Tamdin Tsering, 26, reportedly beaten to death by four Chinese forest officers for unknown reasons.
Communications received
119. The Government provided several replies concerning cases transmitted in 1994 and 1995. Regarding the case of the deaths of 24 tourists from Taiwan and 8 crew members of the pleasure boat Hai Rui, the Government informed the Special Rapporteur that it was a case of robbery and murder. According to the Government, three persons, namely Wu Lihong, Hu Zhihan and Yu Aijun, allegedly boarded the boat and after robbing and forcing passengers into the lower cabin they set fire and sank the boat. On 17 April 1994, the three suspects were arrested and on 10 June a public hearing was initiated. The three admitted their guilt and were sentenced to death. The death sentences were carried out on 19 June 1994 (15 December 1995).
120. Concerning the case of Gao Yu, the Government replied that upon her entrance into prison she was given a physical check-up but no symptoms of heart disease were diagnosed. She was, however found to have high blood pressure which was corrected by medication. The Government confirmed that she was currently in good health.
121. Concerning the case of Wang Dan, the Government stated that allegations contained in the Special Rapporteur's urgent appeal were unfounded. According to the reply received, Wang Dan has enjoyed all fundamental rights and freedoms accorded by law to a Chinese citizen. It was stated that the Chinese Department of Public Security had not restricted his personal freedom and had never threatened him (5 May 1995).
122. The Government also provided information regarding the case of Lodroe Gyatso, and stated that the allegations transmitted were inaccurate. Lodroe Gyatso was sentenced to 15 years' imprisonment for deliberate homicide and to a further period of 6 years for his subversive activities while in prison. As he did not appeal when the sentence was announced, the judgement had entered into force. Lodroe was serving his term in a Tibetan prison and was in good health. It was further stated that he was never beaten by prison staff while in detention (3 August 1995).
Follow-up
123. The Special Rapporteur thanked the Government for the replies provided and sought further clarification with regard to the Qindao Lake incident after having received additional information from the source. The Special Rapporteur also expressed concern at information received regarding capital punishment in China (22 August 1995).
Observations
124. The Special Rapporteur wishes to thank the Government of China for the detailed replies provided. Nevertheless, he continues to be concerned about allegations of unfair trials, and in particular a lack of respect for safeguards and guarantees for the protection of those facing capital punishment in China. He expresses his dismay at reports concerning an increase in the number of executions, including public executions, which reportedly took place before the Fourth World Conference on Women.
125. In view of the alarming allegations received, the Special Rapporteur reiterates his interest in visiting China, to study in situ questions relating to the right to life. The Government has not yet replied to the Special Rapporteur's inquiries, which were sent in November 1992, September 1993, September 1994 and August 1995, regarding the proposed visit.
Colombia
126. Information brought to the attention of the Special Rapporteur during 1995 reflects that the situation in Colombia has basically not changed since the last visit undertaken jointly in October 1994 by the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the question of torture. Violations of the right to life, which mainly occurred in the context of an armed conflict between the Government and the guerrillas, continue to be reported on a daily basis. Endemic violence by the military, paramilitary groups and the guerrillas continue to cost tens of thousands of lives every year. Information provided by non-governmental organizations suggests that the army and national police may be responsible for approximately 50 per cent of the killings, the guerrillas for about 25 per cent and paramilitary groups for up to 18 per cent. Civilians, community leaders, human rights activists and political activists appear to be the most common victims.
127. According to the information received, there are an estimated 130 paramilitary groups which reportedly act with the support of powerful landowners, business organizations and drug cartels. It is alleged that they cooperate closely with the Colombian police and military and tend to operate in regions under military control. It has also been alleged that members of the security forces and paramilitary groups continue to commit violations of human rights with virtual impunity and that only rarely are perpetrators brought to justice. Moreover, it is alleged that many of those responsible for violations of the right to life continue to remain in active service in the armed forces.
Allegations transmitted
128. During the period under review, the Special Rapporteur transmitted 24 urgent appeals to the Government of Colombia, as well as 156 allegations of violations of the right to life. That country continues to receive the highest number of communications sent to a Government under the mandate of the Special Rapporteur.
129. The urgent appeals concerned fears expressed by the Special Rapporteur for the lives of the following persons:
(a) Fears were expressed for the lives of the following human rights lawyers:
(i) Luis Guillermo Pérez Casas, Alirio Uribe Muñoz, Eduardo Carreño Wilches, Reinaldo Villalba Vargas, Pedro Julio Mahecha Avila, Rafael Barrios Mendívil and Katia Karina Niño Vargas, members of the Corporación Colectivo de Abogados "José Alvear Restrepo", after receiving death threats (7 December 1994 and 20 January 1995);
(ii) Hernando Ordoñez and Juan José Landínez Landínez (human rights lawyers from Bucaramanga, region of Santander), after reportedly receiving death threats by a paramilitary group (22 August 1995);
(iii) Serious fears were also expressed for the lives of members of the Comité de Solidaridad con los Presos Políticos (CSPP) in Cúcuta, following the murder of Javier Alberto Barriga Vergel, member of the CSPP and the Corporación Colectivo de Abogados "José Alvear Restrepo" (22 June 1995);
(b) Fears were expressed for the lives of members of the opposition parties Unión Patriótica (UP) and Partido Comunista de Colombia (PCC) following the murder of Rodrigo Florez, member of UP and PCC (7 December 1994):
(i) Tirso Velez, mayor of the town of Tibu for UP, after he allegedly suffered several attempted attacks against his life by members of the armed forces (15 December 1994);
(ii) Hernán Mota Mota, member of the Colombian Congress for UP after receiving death threats (16 October 1995);
(c) The following trade union leaders reportedly received death threats from members of the security forces:
(i) Jesús Antonio González Luna, Vice-President of the Central Unitaria de Trabajadores (CUT), his wife Gloria Marina González Jaramillo and his son Daladier González Jaramillo who received death threats from members of the Servicio de Investigaciones Judiciales e Inteligencia (22 June 1995);
(ii) Domingo Rafael Tovar Arrieta and Jorge Ortega García, members of the Junta Nacional de la Central Unitaria de Trabajadores (17 August 1995);
(d) The following trade union members reportedly received death threats from paramilitary groups:
(i) Miguel Alberto Fernández, José Dario Delgado Martínez, Oscar Alirio Sánchez, Fernando Dorado, Víctor Collazos, Walter Aldana (7 December 1994);
(ii) CUT member Domingo Rafael Tovar Arrieta, Jorge Ortega and Luis Garzón, and Salomón Ayala, Rafael Cabarcas, Carlos Cano, César Carrillo, Luis Galindo, Jorge Gamboa, Luis Garzón, Gustavo Gutiérres, Hernando Hernández, Nicodemus Luna, Alfonso Martínez, Edgar Mójica, Fredy Pulcio, Fernando Ramírez, Ramón Rangel, Daniel Rico, Alvaro Solano, Raúl Vaca, and Neftalí Vásquez (16 October 1995);
(iii) Jesús Alfonso Ruíz, Amparo Echevarría, Guillermo Cárdenas and other leaders of Federación Unitaria de Trabajadores de Antioquia (25 October 1995);
(iv) Ana Julia Becerra, Alejandro Bernal, Mauricio Carvajal, Iván Ferreira, Yuly González, Enrique Hernández, José Junco, Doris Jurado, Alvaro Pulido y Edgar Rodríguez, trade union leaders of the Union de Empleados Bancarios (26 October 1995).
(e) Fears were also expressed for the lives of the civilian population of the following towns or regions:
(i) In the town of Bajo Simacota, region of Santander, after a reported increase in violence and intimidation against local farm workers by army counterinsurgency forces. In the same urgent action the Special Rapporteur mentioned the alleged murder of Alexis Orozco Hernández, aged 16, by counterinsurgency forces in November 1994 (15 December 1995);
(ii) In the municipality of Segovia, after receiving reports suggesting an increase in military activity in the region (20 April 1995);
(iii) In the region of Magdalena Medio, after a reported increase of human rights violations perpetrated by a paramilitary group called Los Masetos. In the same urgent appeal, the Special Rapporteur referred to the killing of José Vicente Rueda and acts of intimidation against other local people (30 October 1995);
(f) The following human rights activists and community leaders received death threats:
(i) The names of Jorge Enrique Illera Dodino, human rights activist, Oscar Becerra, community leader, and other civic and community leaders working in the municipalities of Convención and El Carmen reportedly appeared on a death list allegedly drawn up by the Departamento Administrativo de Seguridad (DAS) (2 February 1995);
(ii) Osiris Bayter Feriaz, President of the Corporación Regional para la Defensa de los Derechos Humanos (CREDHOS), Evangelina Marín Rueda, Ramón Rangel and Pablo Javier Arenales, all members of CREDHOS, allegedly received death threats (13 July 1995);
(iii) Members of the Movimiento de Integración Cívico Comunal de Pailitas received death threats after Jairo Barahona Martínez and Ernesto Fernández Fezter, members of the Movement, were killed (6 March 1995);
(iv) Teresa Mosquera and other members of the Comité Cívico de Derechos Humanos del Meta were allegedly threatened twice (22 March 1995 and 18 October 1995);
(v) Elibardo Galvis Barrera, member of the Movimiento de Acción Comunitaria de Aguachica, received death threats after the killings of his brothers and fellow members, Jesús Emilio and Luis Tiberio Galvis Barrera (29 September 1995);
(g) Members of the Ascanio, Quintero and Pérez Guerrero families received death threats after Alirio López Quintero, Ramón David Ascanio, Ramón Eli Ascanio and Carmen Emiro Ascanio were reportedly shot dead by armed men believed to belong to a paramilitary group operating in the region (31 March 1995);
(h) Carlos Emilio Ramírez Montoya received death threats following press articles in which he was accused of being a member of the guerrilla organization Ejército de Liberación Nacional (16 June 1995).
130. In addition, a joint urgent appeal expressing fears for the safety of the civilian population of Segovia and Remedios, Antioquia, was transmitted together with the Special Rapporteur on the question of torture, following an increase in military, police and paramilitary activity in the area. This joint urgent appeal also expressed fears for the safety of Marco Albeiro Valencia Duque, minor, Gildardo Jesús Henao Fernández and Giovani Cárdenas after being harassed and threatened by members of the armed forces and the police (23 October 1995).
131. The Special Rapporteur transmitted 156 allegations of extrajudicial, summary or arbitrary executions. The majority of the allegations transmitted reportedly occurred in 1994. The main victims included indigenous leaders, members of political parties and peasants. Among those killed, six were minors. In most of the cases the deceased were described as guerrillas killed during an encounter with the army. In this context, the Special Rapporteur transmitted to the Colombian Government allegations he had received concerning the extrajudicial, summary or arbitrary execution of the following persons:
(a) The following were reportedly killed by members of the Colombian armed forces:
(i) Indigenous leaders: Iván Hurtado Mesa (member of the Páez indigenous group) and Alvaro Cruz Ramos; Nacianceno Gindrama (member of the Embera tribe and governor of the indigenous community of Pichinde);
(ii) Peasants: Santiago Solano León, José Peña and Eli Bernal Alarcón; Pablo A. Buitrago Barrera, peasant activist; Hugo Sánchez, Angel De Jesús Ariza, Alvaro Blanco and Edilia Ortega; Luis Quintero Sánchez, Ramón Quintero Sánchez, Naum Elias Sánchez Vega and Ramón Sánchez Sánchez, peasants from the same family; Ubaldo Cuello Cuello; Jairo Zapata Bonet; John Osorno; Nelson Albino Quecho and Carlos Alfonso Albino Quecho (aged 17); Francisco Sierra Benítez (aged 17); Lusbin Tobon Pinto; Ramiro Valenzuela Sepúlveda and Beatriz Elena Morales Henao;
(iii) Political activists: Alexi Mauricio Gelves Rivera, Henry Molina; Gustavo Jaramillo, Leovigildo Castellano, Dumar Castellano, José Ignacio Gutiérrez (members of UP); Enrique Buendía and Ricardo González (political activists of the Corriente de Renovación Socialista; Rodrigo Montes Romero (member of the Partido de Oposición y de Renovación Socialista) and Fernando Gómez Barrios;
(iv) Others: Héctor Iván Holguín Lopera; Jesús Carmona Chaverra; Saúl Hernández Mendoza, Director of the Sindicato de Trabajadores Hospitalarios and two unidentified persons; Laudwin Tarazona Gallardo, Daniel Gallardo Jaime and Jesús E. Castellanos Herrera; Hugo Triviño Vargas (14 years old); Nelson Dario Bernal; Enrique Mendoza and Manuel Pérez (mentally retarded); José Antonio Saenz Ramírez and Edilio León Contreras; Carlos Hernán González Orejarena; José Concepción Pérez Llanez; Iván Carlos Nieto Nucua; Omar Quintero Lozano and German García Vergara; Enrique Neuza and G. Patino; Julio Cesar Poello and José Dominguez Carreño; Antonio y Oriol de Jesús Echeverry; Manuel G. O'Meara Miraval; Anibal Sosa Criado and four others; Alvaro Moreno Moreno; Luis Alberto, Quintero Peñate; Marin Peñaranda; Bernardino Prieto, Eugenio Prieto, Horacio Prieto, Jacinto Zea and Arlemey Montoya; Ingri Marcela Morales, Terri (aged 3) and Lilian Arenas Morales (aged 7); Javier Apache; Damaso Antonio Gomez Ruiz; Alejandro Sibaja Estrada (member of the City Council of Necocli and President of the Junta de Acción Comunal), Gabriel Angel Zapata Londoño, Abel Ramos Enamorado and Ninfa Pastrana Vasquez; Paula Chantre Lame; Octavio Carabali Holguin, John Jairo Cortes Salazar and Fernando Velez; Eliecer Jaraba Gil; Jacinto Arrieta Roque; Jesús Antonio Velandia Miranda and Miguel Acosta Torres; Carlos Gustavo Anzola Delgado; Gerardo Lievano Garcia (former trade union leader);
(b) The following were reportedly killed by members of paramilitary groups:
(i) Indigenous leaders: Francisco Múgica (member of the WiWa-Arzario tribe and leader of the Guamaka community); Manuel Narciso Bolaño Suarez, Clemente Mendoza, Hernando Solano, Ferneno Alvarez Conde, Hector Aquiles Nalo Vergara, Luis Arturo Lucas Polo and César Mesa Cruz (leaders of the Zenu indigenous community); Misael Bocanegra Malambo (member of the Pijao tribe belonging to the Aico community);
(ii) Peasants: Edwin López, Eliecer Solera, N.N. Evangelista and Patrocinio Jiménez, (reportedly killed by a paramilitary group named Los Tangueros); Santander Remoredos Cuadrado;
(iii) Political activists: Pablo E. Canario (political activist and candidate to the town hall in Villagarzon municipality, region of Putumayo); José Vicente Prieto Peñuela (member of UP) and his brother Miguel Cano Velez; Amparo Viela (leader of the Frente de Izquierda Liberal Auténtica and director of electoral campaign for the mayor of Puertoparra);
(iv) Others: Rubel González; Antonio Navarro; Victor Manuel Madrid and his son, Luis Ignacio Madrid; Hermes Randón Ochoa, human rights activist; Estanislao Padilla Ortega, Roberto Padilla Ortega, Baldomiro Padilla Ortega and another identified as "el Manco"; Blanca Cecilia Jiménez Contrera (a deaf 12-year-old girl); Javier Angarita, Daniel Barboza and Saúl Parra; Lucia Cordoba Cobanzo and Anibal; Aura Vasco Restrepo, and Arquímides Salas Vasco; Luis Erasmo Acosta Robayo; Daniel Rodríguez, Constantino Carrillo, Enrique Rolón, Orlando Mora, Carlos José Navarro; Jairo Alberto Llano Yepes and Sergio Bolaños, members of the Asociación de Municipios del Nordeste Antioqueño; Querubin Quintero Ramos and Roberto Ruiz;
(c) The following were reportedly killed by the national police: Estín Payares Arrieta; Wilson Albarracín Hernández; David Castañeda Flores and Oscar Leal Nino; Oscar Palmett Schmalbach (reportedly killed by members of the DAS); Nel María Chito; María Antonia Castaño and María Isabelina Giraldo; Miguel Eduardo Rodríguez Medina; Luis Emilio Mejía Suarez (peasant); Orlando de Jesús Durango; Jesús Daniel Lascarro Maderas; Eduardo Ramirez Pinto; Franklin Gomez (allegedly killed by police in detention);
(d) The following were reportedly killed while in custody or died shortly after release: Alvaro Díaz, who died in the Ramon González Valencia Hospital as a result of ill-treatment by a police officer; Jorge Elí Carmargo Molina, reportedly killed while in custody in the Cárcel Modelo of Bucaramanga. According to the information received he was beaten during detention;
(e) The following were reportedly killed as a result of excessive use of force by the police during demonstrations: Nelson Fernando Lombana and César Alfonso García Sanclemente (student);
(f) The following were reportedly killed by unidentified men allegedly linked with either paramilitary groups or the army: José Elias Suárez (indigenous leader and member of the Executive Committee of the Organización Indígena de Antioquía); Luis Segundo Reyes Rojas (former member of UP); Oscar Garcia Solis (human rights defender involved in civic and popular activities); Ruth Coronado; Campo Elias Correa Acosta; Marco Aurelio Perez Castrillón and Jaime Gabriel Ortiz.
132. In addition, the case of Martin A. Parroquiano Cubidas, Prosecutor of the Fiscalia Regional of Yopal reportedly killed by unidentified men, was also transmitted to the Government. According to the information received, he was investigating the killings of the mayors of Aguazul and Chaneza and violations of the right to life by police and the military.
Communications received
133. During the period under review, the Government of Colombia provided replies to a large number of allegations. Due to the large number of communications received and sent to Colombia during 1995, and in view of the lack of human resources, not all the government replies have been dealt with. The Government informed the Special Rapporteur that investigations had been started and measures had been adopted to protect the life and physical integrity of the following persons: Yaneth Bautista and Gloria Herney Galíndez (5 December 1995 and 11 May 1995); Father Gustavo Suárez Niño (19 December 1994); Teófila Roa and D. Mendoza, members of the Consejo Regional Indígena del Tolima (22 February 1995); Luis Guillermo Pérez Casas, Alirio Uribe Muñoz, Eduardo Carreño, Reinaldo Villalba Vargas, Pedro Julio Mahecha Avila and Rafael Barrios Mendivil, members of the Colectivo de Abogados "José Alvear Restrepo", and Katia Niño Vargas, the wife of Luis Guillermo Perez Casas (2 February 1995, 28 March 1995 and 22 August 1995); Alvaro Vásquez del Real, leader of the PCC, Aida Abella, member of UP, Hernando Mota Mota, congressman for UP, Jaime Caicedo member of PCC, Orlando Obregón, president of CUT, César Carrillo, president of the Unión Sindical Obrera (USO), Gilberto Vieira, and Carlos Lozano; Nelson Berrio; Bishop Nel Beltrán and the priest Dario Castrillón Hoyos; Julio Ramón Olivera Gracía (11 April 1995).
134. In addition the Government reported that Tirso Vélez, member of UP, received police protection until December 1994 when he renounced it. Furthermore, in the case of Marina Salas, member of the Movimiento Cívico por la Defensa de Sampués, the Special Rapporteur was informed that the victim confessed that she made the threats herself due to personal problems (11 April 1995)
135. The Government stated that investigations were under way into the allegations of: Benjamin Santos, Laureano Iñampue, Isidro Mercado Jimenez, Manuel Serafín Guerrero and Guillermo Marín (28 November 1994 and 11 April 1995). Moreover, the Government informed the Special Rapporteur that investigations have been initiated in the killings of Humberto Marroquín Iglesias (10 February 1995); Julio Cadena Ducuara, Yesid Ducuara Villabón, Nelson Moreno, Julio Cenen, Edgar Letton, Luis Morales and Yesid Bocanegra Martínez; Jairo Barahona Martínez; Lucas Sepúlveda, José Cayetano Sepúlveda and Luis Antonio Villegas; David Reyes Castro; Rodrigo Flores; Alexis Orozco; Abraham Alvarado (11 April 1995); and Miguel Guillermo Omeara Miraval (11 May 1995).
136. Concerning the death of Edwin Castillo Piña and death threats to the Piña family, the Government of Colombia stated that judicial and police investigations initiated appear to implicate a paramilitary group called Los Masetos (11 April 1995). In addition, investigations have been started to determine the involvement of paramilitary groups into the killings of Adriano Portillo, Javier Contreras Bacon, Alvaro Botello, José del Carmen Ruíz, José Buitrago Zabala, Manuel Figueroa, Alcídes Paces Tarazona and Rodrigo Carmona Camao (11 April 1995). Regarding the death threats received by María Magdalena Rodríguez, investigations had commenced in order to determine whether military officials were involved (11 April 1995). In connection with the murder of Javier Alberto Barriga Vergel, member of the Colectivo de Abogados "José Alvear Restrepo", the Government indicated that investigations have been initiated (22 August 1995).
137. In the context of death threats, the Government informed the Special Rapporteur that threats had ceased in the allegations of: Luis David Rodríguez Pérez, reportedly threatened with death for his trade union activities (19 December 1994); Alvaro Martínez Pinzón (10 February 1995); Miguel Alberto Fernández, José Darío Delgado Martínez, Oscar Alirio Sánchez, Fernando Dorado, Victor Collazos and Walter Aldana, trade union leaders members of the Federación Sindical Unitaria de Trabajadores del Cauca (11 April 1995).
138. In addition, the Government stated that investigations were initiated but no indications of involvement of army official or State forces were found in the following allegations: Marco Tautiva, Omar Valbuena and Miguel Ospina; death threats against Isabel Cristina Rincón Bravo (11 April 1995); no irregularities appeared to have been committed by army officials in the case of the Albergue Campesino in Barrancabermeja, as initially stated in the urgent appeal of the Special Rapporteur sent in March 1994 (18 January 1995).
139. Regarding the death threats received by Olga Matilde Ortiz and Ruth Rueda, members of the Federación Nacional Sindical Unitaria Agropecuaria, the Government stated that victims have not addressed any complaints to the police and attempts by the police to contact victims had not been successful (11 April 1995). In addition, in the case of death threats to trade unionists Edgar Riaño, Dario Lotero, Luis Hernández and Monerge Sánchez of USO, Victor Ramirez of SINTRANSON, Bertina Calderón and Domingo Tovar of CUT, no security arrangements could be made as they could not be traced after they moved to Bogotá for security reasons. The Government also referred to the fact that no formal complaints had been lodged by the trade unions (11 April 1995).
140. In addition, the Special Rapporteur was informed that investigations into the Riofrío massacre concluded that members of the army were involved in the incidents and several officials are currently being tried (11 May 1995).
141. By communication dated 28 February 1995, the Government of Colombia stated that in order to strengthen its human right's policy, a special committee was created to study, apply and report on the recommendations made by the special rapporteurs. In the same letter, the Government requested the special rapporteurs to increase the number of their missions and follow-up visits to the country. By letter dated 25 April 1995, the Government of Colombia provided a tentative schedule of visits of special rapporteurs to Colombia.
142. By communication of 15 May 1995, the Government reiterated its invitation to the Special Rapporteur to visit Colombia and forwarded information on the human rights policy adopted by the Government.
143. By note verbale dated 5 July 1995, the Government of Colombia informed the Special Rapporteur about the main developments in human rights adopted by the Government which included, inter alia a decree establishing a follow up commission in charge of analysing and promoting the fulfilment of recommendations made by the United Nations special rapporteurs; approval of a bill to provide compensation to victims of human rights violations; implementation of a National Communication Network for Human Rights Protection in Colombia with the aim of fighting impunity and with the objective of offering better information to victims of human rights violations. By note verbale dated 31 July 1995, the Government of Colombia provided the Special Rapporteur with a copy of the bill on compensation for victims of human rights violations.
144. By letter dated 6 July 1995, the Government of Colombia provided comments and observations regarding the list of outstanding allegations in Colombia, which the Special Rapporteur had transmitted previously during the year.
145. By letter dated 5 November 1995, the Permanent Mission of Colombia transmitted a copy of a communication from the Ministry for Foreign Affairs dated 15 November 1995, providing information about 37 alleged cases of extrajudicial, summary or arbitrary executions. The letter was received at the Centre for Human Rights on 7 December 1995. The Special Rapporteur will transmit this information to the sources and will comment on it at a later stage.
146. Moreover, information regarding the initial meeting of the Comisión para el análisis y el asesoramiento de las recomendaciones formuladas por los órganos internacionales de derechos humanos, was provided to the Special Rapporteur during the course of a meeting with Dr. Carlos Vicente de Roux, Consejero Presidencial para los Derechos Humanos (Presidential Adviser for Human Rights).
147. By a communication dated 24 November 1995, the Government of Colombia provided a set of observations in relation to the conclusions and recommendations made by the former Special Rapporteur, Mr. Amos Wako, after his mission to Colombia in 1989.
Follow-up
148. By letter dated 26 September 1995, the Special Rapporteur thanked the Government for the large number of replies provided and requested further information on the allegations of: Gustavo Humberto Marroquín Iglesias; Julio Cenen Rodríguez Quiñonez; Edwin Castillo Piña; Luis Alberto Morales Malambo; Marco Tautiva, Omar Valvuena, and Miguel Ospina; David Reyes; Manuel Serafín Guerrero, Laureano Iñampue; Guillermo de Jesús Marín Echevarría; Isidro Mercado Jiménez; Yesid Ducuara Villabón; Yesid Bocanegra Martínez; Julio Cadena Ducuara, Nelson Moreno Ducuara, Jairo Barahona, Lucas Sepúlveda, José Cayetano Sepúlveda, Luis Antonio Villegas, Adriano Portillo, Javier Contreras Baron, Alvaro Botello, José del Carmen Ruíz, William Buitrago Zabala, José Raruro, Manuel Figueroa, Alcides Páez Tarazona, Rodrigo Carmona Camao, María Magdalena Rodríguez, Abraham Alvarado, Rodrigo Florez, Aleixir Orozco and Benjamin Santos. The Special Rapporteur also requested more details in the case of Riofrío.
Observations
149. The Special Rapporteur wishes to express his appreciation for the willingness shown by the Government of Colombia to cooperate with his mandate. He would like to point out, however, that he continues to be extremely concerned about the enormous number of violations of the right to life that occur in Colombia on a daily basis. Due to a shortage of resources, the Special Rapporteur was unable to process all the allegations received.
150. The Special Rapporteur believes that despite the establishment of formal mechanisms and the enactment of laws aimed at dealing with the current human rights situation, the recommendations arising out of his joint visit to Colombia with the Special Rapporteur on the question of torture (17-26 October 1994; see E/CN.4/1994/111) have not been effectively implemented, nor has the human rights situation improved significantly. In view of the foregoing, the Special Rapporteur considers that there is an urgent need to set up an international human rights mechanism with enough resources to report publicly on the human rights situation and to monitor human rights violations in situ, as well as assisting the Government and non-governmental organizations in this field. In addition, the appointment by the Commission on Human Rights of a Special Rapporteur for Colombia should not be seen as a hostile measure against the Government of Colombia but as a measure commensurate with the seriousness of the human rights situation. The Special Rapporteur could thus cooperate with any other mechanism which could eventually be set up by the High Commissioner for Human Rights by the Colombian Government.
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