Report of the Special Rapporteur on extrajudicial,

Distr.
GENERAL

E/CN.4/1998/68/Add.1
19 December 1997

ENGLISH
Original: ENGLISH/FRENCH/SPANISH

COMMISSION ON HUMAN RIGHTS
Fifty-fourth 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 of the Special Rapporteur, Mr. Bacre Waly Ndiaye,
submitted pursuant to Commission on Human Rights
resolution 1997/61

Addendum

Country situations

CONTENTS

Introduction

I. COUNTRIES

Albania
Algeria
Angola
Argentina
Armenia
Bahamas
Bahrain
Belarus
Bolivia
Brazil
Bulgaria
Burundi
Cambodia
Cameroon
Central African Republic
Chad
Chile
China
Colombia
Comores
Congo
Costa Rica
Cuba
Democratic Republic of the Congo
Ecuador
Egypt
El Salvador
Ethiopia
France
Gambia
Georgia
Germany
Guatemala

Introduction

1. This addendum to the report on extrajudicial, summary or arbitrary executions describes 86 country situations and gives an account of actions undertaken by the Special Rapporteur between 2 November 1996 and 31 October 1997. It also contains in summary form the replies received from Governments to his communications, as well as observations of the Special Rapporteur where appropriate.

2. Owing to restrictions on the length of documents, the Special Rapporteur was obliged to reduce considerably details of communications sent and received. As a result, requests from Governments to publish their replies in their totality could not be acceded to. For the same reason, responses from sources to requests of the Special Rapporteur, although of great importance to his work, are only reflected very briefly in the report.

3. In the report, the dates included in parentheses refer to the dates of Government replies and those of transmission of urgent appeals. The dates on which the Special Rapporteur transmitted allegations of violations of the right to life, that is 14 February 1997, 30 May 1997, 13 and 27 August 1997 and 29 September 1997, are not mentioned in the report.[back to the contents]

I. COUNTRIES

Albania

Information received and communications sent

4. The Special Rapporteur sent one urgent appeal to the Government of Albania after a state of emergency had been declared in Albania on 2 March 1997 and fears had been expressed that the emergency provisions might lead to violations of the right to life in view of the fact that they reportedly authorized security forces to open fire to disperse crowds and to shoot, without warning, people who had failed to surrender their arms (7 March 1997). [back to the contents]

Algeria

Information received and communications sent

5. The Special Rapporteur is deeply concerned about the human rights situation in Algeria, characterized by numerous massacres of civilians, including women, children and old people, which have reached an unprecedented level since the legislative elections of 5 June 1997.

6. According to information transmitted to the Special Rapporteur, the majority of these massacres are attributable to armed Islamic groups. Some of the massacres, however, were reportedly committed in the immediate vicinity of military barracks or security force positions with no action taken by the military or the security forces. Fears have been expressed as to the possibility that the State may bear some responsibility, because of information to the effect that members of armed groups are acting with the full knowledge of the security forces, and even with the complicity of some of their members, and because it has become apparent that there are deficiencies in the system for early warning and prevention of massacres. Such massacres may leave up to hundreds of casualties at a time.

7. The security forces' use of bogus roadblocks has also been repeatedly mentioned as a means of violating civilians' right to life. Other information refers to summary executions of prisoners, who are sometimes said to have been held in secret detention, and of suspects at the time of their arrest. Lastly, the legalization of self-defence groups through a Decree of 4 January 1997 has encouraged the proliferation of militias, which is said to have complicated the issue of identifying those responsible for the massacres and their accomplices.

8. The Rapporteur transmitted an allegation he received according to which, on 26 February 1997, a former member of the Front Islamique du Salut, 30-year-old Rachid Medjahed, died in detention after being arrested by the security forces on or about 15 February. He was reportedly transferred to Algiers and appeared on Algerian television to confess that he had ordered the murder of the leader of the General Union of Algerian Workers, who was assassinated on 28 January 1997. Rachid Medjahed's family allegedly did not learn of his arrest until he appeared on television and were only informed of his death on 3 April 1997, over one month later. The death certificate refers to violent death resulting from bullet wounds.

Follow-up

9. The Rapporteur thanked the Algerian Government for its replies to the allegations he had transmitted the previous year and asked for further information about the discovery of 15 bodies in Dhalaā forest, commune of Ain Taghrout, on 22 July 1994, in particular with regard to the investigations conducted and identification of the bodies. He asked it why the victims' families had been prevented from helping to identify the bodies on the basis of photographs taken by the Gendarmerie in Tixane when the bodies were discovered. The Special Rapporteur also asked whether the judicial inquiry opened by the local procurator had yielded results and whether it had been possible to identify and prosecute those responsible for the massacre (17 October 1997).

Communications received

10. The Government replied to the allegations transmitted by the Special Rapporteur, stating that Rachid Medjahed was arrested during the dismantling of a terrorist network and that he was shot three times during his arrest. He died following a sudden deterioration in his condition. According to the Government, the Mejdahed family were informed of their son's arrest and issued a burial permit. No autopsy was requested by any party following the death; the Algiers Procurator's Office nonetheless requested the examining magistrate to "look into the causes of death". The case is currently under investigation (10 November 1997).

11. The Government also informed the Special Rapporteur that an inquiry was under way in connection with the 15 bodies discovered in Taghrout. The Government assured the Special Rapporteur that the information transmitted by him in his follow-up letter would be taken into consideration by the authorities conducting the inquiry and that the findings would be communicated to him as soon as possible.

Follow-up on invitations to visit Algeria

12. At a meeting with the Special Rapporteur on 25 April 1997, the Permanent Mission of Algeria confirmed its interest in receiving a visit by the Special Rapporteur following the invitation which the Government extended to him in November 1993, and proposed that the visit should take place after the June 1997 elections. In a letter to the Government, the Special Rapporteur suggested that the visit should be held in late January-early February 1998, immediately after the end of Ramadan (13 August 1997). Having received no confirmation from the Government, he sent a follow-up letter proposing the same dates (17 October 1997).

13. The Algerian Government informed the Special Rapporteur that it would like his visit to Algeria to take place at a later date than the one he had proposed owing to the forthcoming elections to the second chamber of the Parliament. The Government suggested that the date of the visit should be chosen in consultation with the delegation from the Ministry of Justice which would be taking part in the fifty-fourth session of the Commission on Human Rights. Lastly, the Government indicated its desire for a meeting with the Special Rapporteur on his next visit to Geneva.

Observations

14. The Special Rapporteur wishes to thank the Algerian Government for the information which it has kindly brought to his attention and for its desire to cooperate, reflected in the Government's renewed interest in receiving a visit by the Special Rapporteur. Such a visit might in principle take place jointly with the Special Rapporteur on torture, who has also asked to make a visit. The Special Rapporteur regrets the lack of precise information concerning the allegations of violations of the right to life despite the fact that they continue to occur on an alarming scale. Such violations, which vary in nature and extent, are allegedly being committed both by the security forces and by armed Islamic groups and self-defence groups. Such a multitude of culprits and accomplices complicates the evaluation of the situation regarding the right to life in the country. The Special Rapporteur notes that a State has an overriding duty to ensure the protection of civilians and put an end to massacres by all appropriate means, while maintaining the rule of law. The distressing number of victims - running into tens of thousands - who include women, children and even defenceless infants and old people, points to a crucial need for effective mechanisms for preventing such massacres and systematically investigating their circumstances. The system for compensating the survivors and the victims' families also needs to be reinforced. For that reason, the Special Rapporteur is particularly eager to visit Algeria, in order to evaluate the situation for himself and to be in a better position to recommend specific measures for protecting the right to life. [back to the contents]

Angola

Information received and communications sent

15. The Special Rapporteur sent an urgent appeal to the Angolan Government on behalf of Rwandan Hutu refugees who were said to have entered Angola in late April 1997 while fleeing from the approaching Alliance of Democratic Forces for the Liberation of the Congo-Zaire led by Laurent-Désiré Kabila. According to the information received, at least 500 of them entered the area controlled by the National Union for the Total Independence of Angola (UNITA). It is reported that the Angolan Government, which has not yet re-established its authority over this part of the territory, is denying the Office of the United Nations High Commissioner for Refugees (UNHCR) access to the Rwandan refugees (15 May 1997).

Communications received

16. In response to the reference in the Special Rapporteur's report (see E/CN.4/1997/60/Add.1, para. 18) to his failure to receive a reply from the Government concerning allegations of violation of the right to life of José Adao Da Silva, shot by police officers, and Antonio Maltez, killed by members of the security forces, the Government informed the Special Rapporteur that it had transmitted to him a letter dated 25 November 1996 referring to those cases. An inquiry had been opened to establish the circumstances in which the two persons had died, but according to the Government there was no evidence of extrajudicial, summary or arbitrary executions.

Follow-up

17. The Special Rapporteur thanked the Angolan Government for its replies to the allegations transmitted to it in 1995 and asked for further clarification regarding the deaths of José Adao Da Silva and Antonio Maltez. He asked to be informed of the results of the inquiry and asked whether or not the person or persons responsible had been identified and prosecuted. The Special Rapporteur also reminded the Government that his report had only covered communications sent and received during the period 25 November 1995 to 1 November 1996 and that, consequently, the Government's reply dated 25 November 1996 would appear in the current year's annual report.

Observations

18. The Special Rapporteur wishes to thank the Angolan Government for the information it has brought to his attention. He regrets, however, that no reply has been received from the Government concerning the allegation transmitted in 1997. The Special Rapporteur also reminds the Government of its obligation to investigate all allegations of violations of the right to life and provide protection for all refugees in its territory. [back to the contents]

Argentina

Information received and communications sent

19. The Special Rapporteur sent two urgent appeals to the Government of Argentina, one of them on behalf of Daniel Stragį, a human rights lawyer and journalist, who had received an anonymous telephone call stating that there was going to be an attempt on his life. According to the information received, Daniel Stragį, a member of the non-governmental Coordinating Organization against Police and Institutional Repression (CORREPI), is representing the families of victims of police brutality, including alleged extrajudicial, summary or arbitrary executions (21 February 1997).

20. The Special Rapporteur also sent an urgent appeal on behalf of Magdalana Ruiz Guińazu, a radio and television journalist, after she received a telephone call telling her that she was "next". This incident would appear to be connected to the death of José Luis Cabezas, a staff photographer for the magazine Noticias, whose body was found inside a burnt-out car on 25 January 1997 in Pinamar, Buenos Aires Province. Death threats were also allegedly received by Ariel Garbarz, a journalist on the staff of Pįgina 12, from men identifying themselves as members of the Buenos Aires police force, who warned him to stop writing articles about the death of José Luis Cabezas. The Special Rapporteur also asked the Government to take steps to protect the physical integrity and right to life of Maria José Fernįndez Llorente, the sister of a journalist on Canal 13 who was covering the death of José Luis Cabezas. Ms. Fernįndez was allegedly attacked by several men who warned her that if her brother continued his investigations, her family would suffer the consequences (3 July 1977).

Observations

21. The Special Rapporteur regrets that by the time this report was finalized no replies to the communications had been received from the Government. He urges the Government to ensure that all allegations of violations of the right to life are exhaustively and impartially investigated, with a view to establishing the facts, finding those responsible and bringing them to justice, and providing the victims with adequate compensation. [back to the contents]

Armenia

Follow-up

22. The Special Rapporteur sought further clarification in regard to the case of Rudik Vardanian, who reportedly died on 21 January 1993 in police custody as a result of injuries inflicted during a severe beating. In particular, he requested to be informed of the outcome of the procedings against the two accused police officers, as well as of the results of the investigations carried out concerning a third police officer. [back to the contents]

Bahamas

Information received and communications sent

23. The Special Rapporteur sent an urgent appeal to the Government on behalf of John Higgs who was reportedly scheduled to be executed on 29 July 1997. It was brought to the Special Rapporteur's attention that John Higgs's execution had been approved despite the fact that he had not exhausted all avenues of appeal. He had reportedly not been able to apply for leave to appeal to the Judicial Committee of the Privy Council in London, the final court of appeal for the Bahamas. It was also reported that the Court of Appeal in the Bahamas had not yet given the reasons for rejecting John Higgs's appeal (22 July 1997).

Communications received

24. In its reply to the urgent appeal sent on behalf of John Higgs, the Government informed the Special Rapporteur that the laws of the Bahamas do not provide for a period within which applications to the Privy Council for special leave to appeal must be filed and that the Governor-General's Administrative Rules entitled "Special Leave to Appeal to the Privy Council (Sentence of Death) Rules" require merely an intimation to the Governor-General that the convict intends to appeal to the Judicial Committee of the Privy Council for special leave to appeal, whereupon the execution will be postponed. It was also brought to the Special Rapporteur's attention that the reasons for decisions made by the Court of Appeal are not a necessary precondition for the filing of an application for special leave to appeal. The Government therefore concluded that between 2 May 1997 and 17 July 1997 John Higgs had had sufficient time to give the necessary intimation to the Governor-General of his intention to apply to the Privy Council for special leave to appeal. [back to the contents]

Bahrain

Information received and communications sent

25. The Special Rapporteur transmitted allegations regarding violations of the right to life of the following three persons:

(a) Bashir Abdullah Ahmed Fadhel, who was reportedly beaten to death by members of the security forces on 18 May 1997 in Daih in the context of an operation to disperse peaceful gatherings in the main assembly hall and the mosque;

(b) Abdul-Zahra' Ephrain Abdulla, who reportedly died four days after his arrest in Sanabis by members of the security forces on 1 June 1997 as a result of injuries inflicted during severe beatings;

(c) Sheikh Ali-Mirza Al'Nakkas, who reportedly died in police custody in Al-Qal'a Prison, Manama, on 29 June 1997, allegedly as a result of lack of medical care.

Communications received

26. The Government provided replies to several communications sent by the Special Rapporteur during 1996. With regard to the case of Zahra Kadhem Ali, who reportedly died on 23 July 1996 in a military hospital some hours after being shot by security forces, the Government indicated in its response that she had died in a private hospital in Bahrain as a result of a heart attack which occurred at home and that the security forces had no connection with her death (15 November 1996). Concerning the case of Abdul Amir Hassan Rustum, who reportedly died on 11 May 1996 as a result of injuries inflicted by security forces when they intervened in a peaceful demonstration, the Government informed the Special Rapporteur that he had died of an epileptic fit following a known history of epilepsy and that he had not participated in any demonstration in Daih (20 December 1996).

27. The Government also responded to the Special Rapporteur's follow-up letter of 1 September 1996 in which the Special Rapporteur requested detailed information with regard to several cases (20 December 1996). With regard to the cases of Hani Al-Wasti and Hani Abbas Khamis, the Special Rapporteur was informed that the Government maintains its position and refutes the repeated allegations. Regarding the case of Issa Ahmad Hasssan Qambar, the Government referred to its reply dated 9 April 1996.

Observations

28. The Special Rapporteur continues to be concerned about allegations regarding violations of the right to life in Bahrain. In accordance with the request of the Commission on Human Rights to further enhance his dialogue with Governments, the Special Rapporteur addresses follow-up communications to Governments to allow him to better assess the merits of allegations. He notes with concern the Government's apparent unwillingness to cooperate with him in this respect. [back to the contents]

Belarus

Information received and communications sent

29. The Special Rapporteur transmitted an urgent appeal on behalf of Nadezhda Zhukova, a human rights defender working for the Belarusian Helsinki Committee, after she had been threatened by two men who introduced themselves as "young Belarusian patriots". It was reported that it was believed that the two persons belonged to the "Belarus Patriotic Youth Union", an organization which, despite the fact that it claims to be independent, was allegedly established and is financed by the President of Belarus. It was also reported that one of the men who had threatened her had come out of a car bearing a police number plate (16 October 1997). [back to the contents]

Bolivia

Information received and communications sent

30. The Special Rapporteur, jointly with the Special Rapporteur on the independence of judges and lawyers, sent an urgent appeal on behalf of Waldo Albarracķn, a lawyer and President of the Permanent Human Rights Assembly of Bolivia, who was detained in La Paz by eight police officers and threatened with death. The Special Rapporteur was informed that this event might have been related to public statements by Waldo Albarracķn concerning a clash between miners and the police in the Department of Potosķ, which left nine dead (6 February 1997).

31. The Special Rapporteur sent another urgent appeal on his behalf on being informed that the threats had not stopped. In the same communication the Special Rapporteur asked that steps also be taken to protect the physical integrity and right to life of Mr. Juan del Granado, a lawyer and Chairman of the Human Rights Committee of the Chamber of Deputies. Mr. del Granado had reportedly received calls threatening him with death or disappearance. The threats might be related to Mr. del Granado's public condemnation of the abduction of Waldo Albarracķn (24 February 1997).

32. The Special Rapporteur also transmitted allegations he had received of violations of the right to life of the following miners and peasants: Ercilia López, José Gutiérrez, Marcial Calla, Galo Luna, José Espinosa, Wilmer Gonzįlez, aged 15, Santos Casio Padilla and Miguel Choque, aged 15, who were killed by members of the police and military on 17 December 1996 when peasants and miners occupied the Amayapampa and Chiquita-Capacirca mines in Potosķ, to confront the exploitative mining companies and demand their rights; Alberta Orellįn, Freddy Rojas, aged 22 months, Ernesto Quispe and three unidentified other persons, who were killed in April 1997 during an operation aimed at eradicating coca production in the region of Bajo Mariscal, Eterazama, El Chapare, Potosķ. Members of the Mobile Rural Patrol Unit (UMOPAR), the environmental police and the Coca Conversion Department (DIRECO) are also said to have participated in the operation.

Communications received

33. The Government of Bolivia informed the Special Rapporteur that Mr. Waldo Albarracķn enjoyed complete freedom and that the reasons for his temporary detention were being investigated by the Committee on the Constitution and Judicial Police of the National Congress (7 March 1997 and 12 May 1997).

34. The Special Rapporteur was told that the President of the Inter-American Commission on Human Rights had been asked to investigate and determine responsibility for the incidents at Amayapampa and Chiquita-Capacirca (12 May 1997). He was later told that representatives of the Inter-American Commission on Human Rights of the Organization of American States had met at the scene of the events and begun an investigation. The Inter-American Commission on Human Rights produced a report which was made available to the Attorney-General of the Nation. At the time the Government's reply was prepared, the Public Procurator's Office was conducting the relevant investigation, which had not yet been concluded. The Government also informed the Special Rapporteur that, pursuant to Supreme Decree No. 24793 of 4 August 1997, a compensation fund had been established for the relatives of persons killed or injured in incidents caused by the actions of State officials (31 October 1997).

Observations

35. The Special Rapporteur wishes to thank the Government of Bolivia for its replies. He welcomes the adoption of the Supreme Decree of 4 August 1997 establishing a compensation fund for victims. He further urges the authorities to ensure that law enforcement officials receive comprehensive training in human rights questions and, above all, concerning limitations on the use of force and firearms in the performance of their duties. [back to the contents]

Brazil

Information received and communications sent

36. Information received by the Special Rapporteur's office points to an increase in violence against children and adolescents, mainly in the State of Rio de Janeiro. Figures provided by the Children's and Adolescents' Court in Rio de Janeiro (2a. Vara da Infancia e Adolescencia do Tribunal de Justica do Rio de Janeiro), would appear to indicate that 46 per cent of the 1,226 violent deaths of children and adolescents that occurred in 1994 had involved the use of a firearm and more than 50 per cent of the 1,138 such deaths reported in 1995 had involved firearms.

37. According to an analysis of these figures by the Children's and Adolescents' Court, in a departure from recent years more children and adolescents have been killed or injured in drug-related violence and clashes between groups and with police officers than in death squad activities. It would appear, however, that the lack of detailed investigations into these deaths makes it difficult to determine who is responsible for them. In this connection, it is reported that the National Human Rights Programme begun in May 1996 includes a Commitment by the Government to establish a system for gathering and producing accurate statistics on human rights violations against children and adolescents.

38. The Special Rapporteur was also informed that in November 1995 the State of Rio de Janeiro promulgated Decree No. 21,753, stipulating that police officers performing acts of bravery would be decorated and receive a pay rise of 50 to 150 per cent. Between November 1995 and April 1996, 257 decorations of this type were reportedly issued. The point was made that this Decree would encourage the police to use more force in operations in which they were involved.

39. In the course of the year allegations of a general nature were also received to the effect that in Maceio, the capital of Alagoas, members of the civil police were reportedly harassing, ill-treating and even violating the right to life of homosexual prostitutes. According to the information received, at least seven homosexual prostitutes had been killed in the past year, but a judicial investigation had been opened in only one of those cases.

40. The Special Rapporteur transmitted four urgent appeals to the Government of Brazil on behalf of the following persons:

(a) Members of the Guarani-Kaiowį indigenous community, who were evicted from the land they occupied in Sucuriy, Maracajś municipality, Mato Grosso do Sul, by armed civilians, during clashes over land between indigenous people and local landowners. A group of some 50 armed men allegedly threatened them with violence if they did not leave the land. It was reported that the police had not provided the indigenous people with any kind of protection (17 January 1997);

(b) Witnesses to the events surrounding the death of Wilson Soares de Souza, Walmir Barbosa da Silva, José Alexandre da Silva, Edmilson José de Oliveira and Antonio Geronimo da Silva Junior, members of a death squad, in a reported clash with members of the civil police of the Robbery and Theft Department in the Alta Sao Sebastiao district of Cavaleiro. The clash allegedly took place shortly after a police officer from the Robbery and Theft Department, Moisés Francisco de Melo Jśnior, and a police informant, José Carlos Valdelino Passos, had been killed by members of the death squads. This urgent appeal was transmitted jointly with the Special Rapporteur on torture (20 January 1997);

(c) Witnesses to the massacre at Nova Natal, Natal, Rio Grande do Norte in January 1993, who had begun testifying against four police officers charged with the massacre. According to the information received, the three witnesses had been receiving intimidating visits in their homes from the accused and other members of the police (9 May 1997);

(d) Marcelo Denaday, a lawyer representing the family of Carlos Batista and assistant to Procurator Luiz Renato Azevedo da Silveira, who was attacked in Vitória, Espérito Santo State. Both Marcelo Denaday and Procurator Luiz Renato Azevedo da Silveira had been investigating the murder of Carlos Batista de Freitas, in a case allegedly involving members of a police association, Scuderie Detetive le Cocq (SDLC) (20 June 1997).

41. The Special Rapporteur also transmitted allegations he had received in connection with violations of the right to life of the following persons:

(a) Minors: Robson Guerreiro Bittencourt and Isaias Teixeira Rosa, both aged 16, who were killed on 23 April 1996 by private security agents and military police officers in Rio de Janeiro; Anderson dos Santos Tossato, aged 14, who was killed on 21 November 1996 when found playing with blank pistols in a street near his home in Sao Bernardo do Campo on the outskirts of Sćo Paulo, by military police officers; Jamil Martins Ramao, aged 15, Junior Sandro Marques Leal, aged 16, and Gilmar Ferreira de Franca, aged 14, whose bodies were found with their hands tied and bullet wounds in the head after they were abducted from Taquaril Square in Belo Horizonte on 15 March 1996, allegedly by a group of civil police officers called the "grupo reaēao" (reaction group); Joao Ricardo Dantas Capistrano, a 17-year-old student, who was killed on 5 November 1995 by a police officer in a bar in the centre of Santa Catarina, Norte de Natal;

(b) Deaths during or shortly after arrest; Jose Ivanildo Sampaio de Souza, who was found dead on 25 October 1995 on federal police premises in Fortaleza, Ceara, after being detained the day before because of alleged involvement in drug trafficking; Luis Paulo da Silva Garcia, who was killed by military police officers on 20 September 1996 after being arrested for robbery and taken to police station No. 23 in Rio de Janeiro; Romildo da Silva and Antonio Carlos Santana Silva, whose bodies were found in a Campo Lindo clinic after they were detained on 28 August 1995 by five police officers; Luis Carlos Chagas da Rosa, who died in a Porto Alegre hospital on 19 August 1995 from injuries sustained a few days earlier while in police custody; Jorge Siqueira de Oliveira, who was killed on 8 March 1995 by a member of the military police while boarding a bus from Porto Alegre to Alvorada; Luiz Antonio Barbosa, an alleged drug dealer who was killed by a group of civil police officers on 21 October 1995 in Belo Horizonte in retaliation for the death of a police officer he allegedly killed; José Candido dos Santos, who died on 16 February 1997 at police headquarters in Itarema of injuries from ill-treatment and torture;

(c) Homosexual prostitutes; a transvestite, José Miguel dos Santos, and two homosexuals known as Carlos and Magao, who died on 6 June 1997 after being shot in the head in the centre of Maceio, where they practised prostitution. Two officers from the civil police station in Maceio and a civilian are charged with their deaths.

42. The Special Rapporteur also transmitted allegations of violations of the right to life of 9 unidentified persons who were killed on 16 January 1996 when more than 100 police officers from the automobile theft division of the Twelfth Police Station in Itapua and the Fourth Police Station in Sao Caetano raided the Jaguaribe shanty town in Salvador looking for members of a criminal gang.

Communications received

43. The Government of Brazil provided information on the case of Francisco Gilson Nogueira de Carvalho, transmitted by the Special Rapporteur in 1996. According to the Government, investigations are being conducted by the Federal Police to ensure that proceedings are as impartial as possible. It also said that in order to avoid interference with the investigations, the Governor of Rio Grande do Norte removed the Deputy Secretary of State for Public Security from office because of suspected involvement with the group known as Meninos de Ouro (12 December 1996).

44. In connection with the urgent appeal transmitted by the Special Rapporteur on behalf of the Guarani-Kaiowį indigenous community, the Government said that demarcation of the indigenous land had begun and that when the conflict had broken out between the indigenous group and members of the Maracajś Rural Trade Union, the regional administration of the National Indian Foundation (FUNAI) in Amambaķ, together with the Government Attorney in Mato Grosso do Sul, had immediately called in the Campo Grande/MS federal police in order to protect the indigenous persons' physical integrity. It stated that the indigenous persons were camped along the highway awaiting a judicial decision authorizing the immediate reoccupation of their land (20 February 1997).

45. The Government also stated that Wilson Soares de Souza, Walmir Barbosa da Silva, José Alexandre da Silva, Edmilson José de Oliveira and Antonio Geronimo da Silva Junior died in a clash with the police after resisting arrest and opening fire on the police officers. An investigation has been opened and a district police chief assigned to conduct it. The district police chief and the five police officers involved in the case have been dismissed. The Government also stated that the State of Pernambuco conducts a witness protection programme known as "Pro Vita", which assists anyone under threat who explicitly requests protection. The witnesses to the Cavaleiro incident have not requested protection to date (20 February 1997).

46. Regarding the case of José Ivanildo Sampaio de Souza, the Government of Brazil stated that Decree No. 9305 of 13 September 1996 authorized payment of a pension to the victim's widow and minor children in compensation for his death (5 March 1997).

47. The Government stated that most of the observations concerning Brazil in the Special Rapporteur's report to the fifty-third session of the Commission on Human Rights (E/CN.4/1997/60/Add.1) adequately reflected the situation in the country. It did not agree, however, with paragraph 61 of the report regarding the new procedures for the demarcation of indigenous land introduced by Decree No. 1775/96. The report stated that "... the uncertainty created by this decree could lead to violent incursions onto indigenous lands and to human rights abuses". The Government said that such fears were unjustified, since the purpose of the decree was precisely to strengthen the legal bases for the land demarcation process and thus reduce uncertainty and the risk of violence against indigenous people (9 April 1997).

48. Additional information about the Candelaria massacre was also provided. Of the eight people involved, one was not charged by the prosecution and another died before coming to trial. One of the military policemen charged with the crime was sentenced to 309 years' imprisonment. After a retrial in July 1996, his sentence was reduced to 89 years; another of the military policemen involved was sentenced to 261 years' imprisonment on 28 November 1996. Another of the accused was due to be tried in May 1997. The three others allegedly involved were acquitted for lack of evidence (2 May 1997).

Observations

49. The Special Rapporteur thanks the Government of Brazil for the replies provided and its willingness to cooperate with his mandate. It welcomes the sentences imposed on policemen charged with the Candelaria massacre. The Special Rapporteur wishes to express his concern about allegations of violations of the right to life against minors and requests that the Government prosecute those responsible and take all necessary measures to guarantee that such violations do not recur. He also expresses his concern at the fact that Decree No. 21,753 might encourage members of the police to use greater force in operations in which they are involved. [back to the contents]

Bulgaria

Information received

50. The Special Rapporteur was informed that police brutality continued to be a serious problem in Bulgaria and that during 1997 several individuals had died in custody under suspicious circumstances. It was reported that investigations had been initiated into several of these cases but that little or no progress was made to punish the perpetrators.

Communications received

51. With regard to the case of Kostadin Timchev, who, following his arrest, was taken to hospital on 25 April 1995 with a brain haemorrhage which caused his death five days later, the Special Rapporteur was informed that the Regional Military Prosecutor's Office had initiated an inquest (17 November 1996).

Follow-up

52. The Special Rapporteur sent a follow-up communication to the Government seeking further clarification with regard to several cases to which replies had been received during 1996.

53. In regard to the case of Kostadin Timchev, the Special Rapporteur requested to be informed of the outcome of the inquest. He also asked to be informed of the reasons for the Regional Military Prosecutor's Office being responsible for conducting the inquest and whether results of the inquest had been made public.

54. Regarding the case of Assen Ivanov, the Special Rapporteur expressed his interest in receiving a copy of the autopsy report and of the full report of the investigation once it had been finalized.

55. Concerning the case of Iliya Gherghinov, the Special Rapporteur received further information from the source contradicting the Government's reply. The source reiterated that eyewitnesses had seen a police officer beating the victim in the street and that witnesses who had seen his body in the morgue claimed that his right leg was broken, that there was a large wound on the right side of the head above the temple, that his genitals had been crushed, and that there were bruises all over his body as well as cigarette burns on his hands. The Special Rapporteur therefore requested a copy of the autopsy report and of the full report of the investigation. He also sought further clarification with regard to the questioning of the eyewitnesses in the context of the inquest procedure and the authorities conducting the investigation.

Observations

56. The Special Rapporteur remains concerned that little or no progress was reportedly made in bringing to justice those alleged to be responsible for violations of the right to life, in particular members of the police, and that as a result they continued to enjoy impunity. The Special Rapporteur calls on the Government to investigate all alleged violations of the right to life, to bring perpetrators to justice and to provide compensation to the victims' families. [back to the contents]

Burundi

Information received and communications sent

57. The information received by the Special Rapporteur shows that violations of the right to life are continuing to occur on a large scale in Burundi. The Special Rapporteur received frequent allegations of extensive massacres, mainly of Hutus, by the Burundian army. Bloody clashes also occurred between members of the Burundian army and rebel groups, in different regions of the country, leaving many civilians dead. Reprisals against civilians by the army or rebel groups have also left many casualties. Since the end of 1996, there have reportedly been many operations to round up Hutu civilians forcing tens of thousands of them to leave their hills and go and live in camps. In the course of such operations, hundreds of men, women and children are said to have been the victims of extrajudicial executions and massacres by the soldiers or attacks by the rebels on some of the places where they were rounded up. Several Burundi provinces are said to be involved, including Muramvya, Gitega, Kayanza, Bubanza, Kurutzi and rural Bujumbura.

58. The Special Rapporteur was also informed of the execution by hanging on 31 July 1997 of six people sentenced to death after a trial reported to have fallen short of international guarantees of due process. These executions were the first to have taken place in Burundi since 1982. At least 150 persons sentenced to death are currently awaiting execution in Burundi prisons.

59. A detailed analysis of the human rights situation in Burundi is contained in the reports of the Special Rapporteur on the situation of human rights in Burundi (A/52/505 and E/CN.4/1998/72/Add.1).

60. The Special Rapporteur made an urgent appeal to the authorities after being informed of the expulsion by Tanzania of 48 Burundian refugees, who, upon returning to Burundi on 5 January 1997, were arrested and taken to the military camp in Muyinga, where they were reportedly tortured and then killed. On 10 January 1997, 122 Burundian refugees sent back to Burundi by the Tanzanian authorities were allegedly killed by Burundian soldiers upon entering the country, at the Kobero border post. This urgent appeal was sent jointly with the Special Rapporteur on the situation of human rights in Burundi (30 January 1997).

Observations

61. The Special Rapporteur regrets that he has not so far received any reply regarding the allegation transmitted. He remains concerned at the persistent violations of the right to life, of which women, children and old people are the main victims. The Special Rapporteur also regrets that death sentences are continuing to be handed down following judicial proceedings that do not meet international guarantees of due process and which therefore constitute another form of the violation of the right to life. [back to the contents]

Cambodia

Information received and communications sent

62. The Special Rapporteur received numerous allegations of extrajudicial, summary or arbitrary executions following the violent events that took place on the weekend of 5-6 July 1997 at Phnom Penh, when the armed forces of the Second Prime Minister, Hun Sun, launched an attack on forces loyal to the Prime Minister, Prince Norodom Ranariddh. It is reported that most of Prince Ranariddh's supporters hurriedly fled the country while others were arrested and executed. For a thorough analysis of the human rights situation in Cambodia, the Special Rapporteur would refer to the report of Mr. Hammarberg, Special Representative of the Secretary-General on the situation of human rights in Cambodia (E/CN.4/1998/95).

63. Following the events of 5-6 July 1997, the Special Rapporteur sent the Government a communication requesting clarification of the extrajudicial executions, which are said to number at least 35 and include leading political figures such as Hor Sok, Junior Minister in the Ministry of the Interior and member of Prince Ranariddh's United National Front for an Independent, Neutral, Peaceful and Cooperative Cambodia (FUNCINPEC), and Chao Sambath, head of the Information and Espionage Service of the Ministry of National Defence. The Special Rapporteur also informed the Government that at least four high-level generals had reportedly been killed, including General Krauch Yeuam, Under-Secretary, in the Ministry of Defence, General Ly Seng Hong, Deputy Director of Personnel of the Royal Armed Forces of Cambodia, General Sam Norin, Deputy Commander-in-Chief of the Special Military Region, and General Maen Bun Than, Director of Logistics and Transport in the Ministry of Defence. Less influential members of FUNCINPEC were apparently not spared; the bodies of some of them were found in a Phnom Penh temple and on the outskirts of the capital.

64. The Special Rapporteur also transmitted to the Cambodian Government allegations of violations of the right to life of the following persons:

(a) Chun, Na, Naak, Chann, Chim and Chuoen, six children ranging from two to eight years of age, were allegedly killed on 18 September 1996 when a bomb exploded near an ice cream vendor, where they were standing. A drunken soldier recognized as a member of the special military region forces reportedly launched a B-40 rocket in the direction of the group of children following an altercation with his colleagues;

(b) At least 17 persons were reportedly killed on 30 March 1997 by grenades while participating in a peaceful demonstration of supporters of the "Party of the Khmer Nation" (KNP). The exact number of victims has not been determined, but 12 have been identified: Chanty Pheakdey, Chea Nang, Chet Duong Daravuth, Han Mony, Nam Thi, Ros Kea, Sam Sarin, Sok Kheng, Yoeun Yorn, Yong Sok Noeuv, Yos Seam and Yong Srey. According to the information received, soldiers present at the scene did not help the injured and prevented the arrest of two men identified as having thrown the grenades.

Observations

65. The Special Rapporteur regrets that no reply has been received from the Government to date regarding the allegations transmitted. He requests the authorities to make impartial and exhaustive inquiries into the allegations of summary executions and put an end to the impunity prevailing in this area. He was particularly shocked by the allegations concerning the group of six children aged between two and eight. He also asks for those responsible for violations of the right to life in general to be identified and prosecuted and for appropriate compensation to be paid to the victims or their families. [back to the contents]

Cameroon

Information received and communications sent

66. The Special Rapporteur has received information to the effect that violence broke out in March 1997, a few weeks before the legislative elections in May, in Nord-Ouest Province, an opposition stronghold. A number of persons arrested by the security forces reportedly died in prison as a result of torture and lack of medical care.

67. The Special Rapporteur transmitted allegations concerning the deaths of four persons identified: Richard Ngwa Formasoh, who died of injuries on 6 July 1997 at the central prison in Yaoundé (Nkondengui prison) after being subjected to torture and ill-treatment during his arrest and detention at the gendarmerie station in Bamenda, Nord-Ouest Province; Samuel Tita, who died on 1 May 1997, one month after being arrested and transferred to the gendarmerie station in Bamenda, from lack of medical care and malnutrition; Pa Mathias Gwei, who died on 25 May 1997 at Bamenda Hospital after being arrested at Oku and tortured; and Emmanuel Konseh, who died during transfer to Bamenda on 28 March 1997 after being arrested at Oku and stabbed with a bayonet. [back to the contents]

Central African Republic

Information received and communications sent

68. The Special Rapporteur received information that two amnesty laws had recently been promulgated. The first, dated 30 May 1996, grants amnesty for offences committed by members of the Central African armed forces who were responsible for the mutinies of 18 to 21 April 1996 and 18 to 28 May 1996. The second law, dated 15 March 1997, grants amnesty for offences connected with the mutiny of 15 November 1996 to 25 January 1997.

69. The Special Rapporteur sent the Government an urgent appeal on behalf of Mr. Edouard Batoumbaye and his family, reportedly threatened with death by rebels. The information received speaks of an armed attack against his family and looting of his home by six men in military uniforms (28 May 1997).

Observations

70. The Special Rapporteur regrets that by the time this report was finalized, the Government had not replied to the allegation transmitted. The Special Rapporteur also wishes to inform the Government of his concern about the two amnesty laws, which might have the effect of sanctioning impunity. He is convinced that respect for the rights of the victims and their families and the right to truth, justice and compensation will help bring about a genuine national reconciliation. [back to the contents]

Chad

Information received and communications sent

71. The Special Rapporteur remains concerned about the human rights situation in Chad, notably the renewed outbreak of violations of the right to life since 1996. The Special Rapporteur recently received information indicating that some 52 civilians were killed in an attack launched by government forces on 30 October 1997 against the "Armed Forces for the Federal Republic" (FARF) at Moundou, southern Chad. Isolated incidents, in which members of the security forces arrested, tortured and executed numerous unarmed civilians, reportedly continued through 8 November.

72. The Special Rapporteur sent the Government an urgent appeal concerning a telegram sent by the Commander of the Specialized Units Group of the Chadian National Gendarmerie ordering the members of the nine gendarmerie services to proceed immediately to physically eliminate anyone caught in the act of stealing, subject to severe penalties, including demotion or dismissal from the army. According to the information received by the Special Rapporteur, several persons suspected of theft were killed within days after the telegram was sent: Georges Toubadé and Jean Nedbe Kabeda, arrested on 12 November 1996 after being caught stealing in a gombo field, were allegedly tortured and then killed; a minor was allegedly killed and thrown into the Chari river on 13 November 1996 after being caught by gendarmes stealing food from his neighbours; a pregnant woman charged with theft at the millet market was allegedly arrested by the gendarmes on 16 November 1996 and killed on the spot; a man accused of stealing a can of oil was allegedly killed on 15 December 1996 (24 January 1997).

73. The Special Rapporteur also transmitted to the Government allegations of violations of the right to life of the following persons:

(a) Houlibele Tissal, Kokreo Guirsala, Poure Ouangrebele, Hapmon Faļtoin, Sere Djakdjinkreo, Djaoutoin Taļssam, Mendandi Metoin, Djibrilla Yaya and Lamna Djoļna were all allegedly shot in public without trial, in the presence of administrative, political and military authorities. These executions reportedly took place on 24 December 1996, two days after these nine persons were arrested at Fianga on several charges including multiple theft, rape and physical abuse;

(b) Ndobi Abel, who was arrested in August 1995 and tortured, allegedly died of his injuries at Moundou hospital;

(c) Mbaļtarem Nasson was allegedly tortured and killed in August 1995 after being taken from his cell without authorization by the local gendarmerie commander;

(d) Bichara Digui, a member of an opposition political party, was allegedly killed on 16 August 1996 by three unidentified persons suspected of being members of the security forces;

(e) Albert Nadji, a religious teacher, was allegedly executed by members of the military in September 1995 after being taken from the church where he had sought refuge;

(f) Odette Belkoum, who died in custody on 26 September 1995 after being tortured;

(g) Ndoyo Ambroise, who died in April 1994 after being severely beaten by a gendarmerie patrol;

(h) Mbailassem Gédéon, a former member of the military, allegedly died of suffocation on 9 March 1996, in an overcrowded cell where he was being held;

(i) Djebayom Etienne, Djekoungatan Amand, Djekounyom Gabriel, Warie Sylvain, Nadjihadem Sébastien and Ngombaye Gédéon were allegedly killed by members of the military on 19 August 1995 at Beissa after being severely beaten;

(j) Ahmat Bougui Breme allegedly died in Oumhadjer hospital in May 1995 after being beaten by members of the security forces;

(k) Mahamat Ahmat Anat allegedly died in November 1996 after being tortured in an N'djamena police station.

(l) Mahamat Dare and Mahamat Sokou allegedly died in November 1995 at Faya Largeau prison after being subjected to torture and ill-treatment.

Observations

74. The Special Rapporteur regrets that no reply was received from the Government by the time this report was completed. Despite information to the effect that the order to kill thieves had been rescinded, the Special Rapporteur remains concerned about summary executions being perpetrated with complete impunity by the gendarmerie, the police and the administrative authorities and by deaths in custody under inhuman conditions. The Special Rapporteur urges the Chadian authorities to put an end to the persistent impunity by conducting thorough and exhaustive inquiries aimed at establishing responsibility for the summary executions of civilians and for all other violations of the right to life. The victims' right to justice and compensation must also be respected. [back to the contents]

Chile

Information received and communications sent

75. The Special Rapporteur transmitted an urgent appeal on behalf of Sola Sierra Henrķquez, Chairman of the Group of Relatives of Disappeared Detainees, and Viviana Dķaz Cara and Mariana Guzmįn Nśńez, members of the same organization, after they had received death threats by telephone. They also said they had been harassed by men in civilian clothes, who identified themselves as members of the Police Department. It was stated that the three women had applied to the Santiago Court of Appeal for protection (17 June 1997).

Communications received

76. The Government of Chile informed the Special Rapporteur that no member of the Police Department had been involved in the intimidation of Sola Sierra Henrķquez, Viviana Dķaz Caro and Mariana Guzmįn Nśńez. The Under-Secretary for the Interior also said that the persons concerned had been offered police protection, but had declined the offer. It was stated that on 9 June 1997, the above-mentioned persons submitted an application for protection to the Santiago Court of Appeal, which the Court granted, ordering that a police guard should be maintained for 30 days at the office of the Group of Relatives of Disappeared Detainees and for 15 days at the homes of the persons concerned (30 July 1997). [back to the contents]

China

Information received and communications sent

77. The Special Rapporteur continued to receive reports on China's nationwide anti-crime campaign of 1996, which led to a number of executions unprecedented since 1983. It was brought to the Special Rapporteur's attention that executions in China might have accounted for 80 per cent of executions worldwide during this period. More than 4,300 persons were reportedly known to be executed during this period, a figure believed to fall short of the actual figure, for crimes including hooliganism, theft, corruption and drug trafficking.

78. In this context, the Special Rapporteur transmitted an urgent appeal to the Government on behalf of Wang Xizhong, director of a municipal trust company, who was reportedly sentenced to death on 20 January 1997 for embezzlement of more than 100 million yuan (US$ 12 million) (20 January 1997).

79. The Special Rapporteur also transmitted allegations regarding violations of the right to life of the following persons:

(a) In Tibet: Mr. Dorje, who reportedly died on or around 24 July 1996 as a result of injuries sustained in police beatings 20 days earlier; Tenchok Tempel, a monk of Sakya monastery, who allegedly died in detention in Sakya prison on 17 September 1996 as a result of torture; Jamyang Thinley, who had reportedly been arrested on 30 May 1996 during a raid on Chamdo monastery and who allegedly died as a result of torture on 18 September 1996, five days after his release on medical grounds from Chamdo prison;

(b) In Henan province: Zhang Xiuju, who was reportedly beaten to death in police custody following her arrest on 26 May 1996.

Communications received

80. The Government provided a reply to the urgent appeal sent on behalf of Wang Xizhong on 20 January 1997, informing the Special Rapporteur that he was sentenced to death in accordance with the law and that his case was at that moment pending before the Superior People's Court of Jiangsu province. It was also stated that China's application of the death sentence is in line with the International Covenant on Civil and Political Rights and that it has placed extremely strict constraints on the application of capital punishment, China's Penal Code providing that "the death sentence applies only to those who are guilty of the most heinous crimes" (14 May 1997).

81. The Government also provided information in response to the allegations of violations of the right to life transmitted during 1997. Concerning Mr. Dorje, the Special Rapporteur was informed that no such person existed. With regard to the case of Tenchok Tempel, the Government indicated that he had hanged himself and that his suicide was confirmed by a forensic medical examination. With respect to Jamyang Thinley, the Special Rapporteur was informed that he had died of tuberculosis meningitis on 27 November and that he had been taken to hospital immediately when he contracted the disease in October 1996 while undergoing re-education through labour. Concerning Zhang Xiuju, the Government affirmed that she had died as a result of injuries sustained when she jumped out of a prison van and that a forensic medical examination confirmed that her death had been caused by a severe skull injury and haemorrhage caused by the fall (3 August 1997).

82. In response to a letter from the Special Rapporteur dated 7 October 1996, in which the Special Rapporteur thanked the Permanent Representative of the People's Republic of China to the United Nations Office at Geneva for having received him and for an informative and fruitful conversation, the Government of China said that it was studying carefully the Special Rapporteur's request to visit China. The Special Rapporteur was also informed of the adoption of the Law on the Role of Lawyers and the Law on Administrative Punishment, and about the major changes made to the Law on Criminal Procedure and the Government's commitment to further improve its system of laws and the administration of justice in the light of its economic and social development (24 February 1997).

83. Moreover, the Government provided a reply to several allegations of violations of the right to life transmitted during 1995, all of which concerned persons who had died in detention due to ill-treatment or torture. Regarding the case of Kalsang Dolma Gangong, the Government indicated that she was suffering from serious tuberculous meningitis when she was imprisoned in 1993, that she was paroled on 21 December 1994 to enable her to receive medical treatment, and that she died at home on 22 February 1995. Regarding Tashi Tsering, the Government stated that during his detention he was twice hospitalized for treatment for high blood pressure after which his physical condition normalized, that he was not subjected to torture, and that he was released from prison upon completion of his sentence on 27 May 1993. With regard to Sherab Ngawang, the Government indicated that, after she had been released from labour camp, she fell ill with a gynaecological ailment and a gastric perforation which caused her death after treatment failed, and that the allegation that she was subjected to beatings by prison guards was not true. With regard to Zheng Musheng, the Government confirmed that he had died as a result of beatings from other detainees. The Special Rapporteur was also informed that proceedings were started against those alleged to be responsible, that the responsible officials in the detention centre had received disciplinary punishments, and that the allegation that his wife was the subject of police harassment was not true (11 March 1997).

84. In the same communication, the Government also replied to the urgent appeal sent on 16 August 1995 on behalf of Wang Yuming, Zhang Zhejun, Xie Qiusheng, Pan Yongli, Jiao Zengtian and Dong Zhong, who were allegedly executed without having been granted the right to appeal or to seek clemency. According to the Government, of the six defendants, Xie Qiusheng, Jiao Zengtian and Dong Zhong had appealed against the judgement by the court of first instance. The judgements regarding those who had not appealed were submitted to a higher court for approval. The Government also stated that the six criminals all fell into the category of "most heinous criminals" under China's Criminal Law and that their death sentences therefore had a sound legal basis.

Observations

85. The Special Rapporteur wishes to thank the Government for the replies and the information provided. The Special Rapporteur once again feels compelled to express his utmost concern at the wide range of crimes punishable by death in China and the very high number of executions. He would like to remind the Government that the broadening of the range of capital offences which has reportedly occurred since 1979 counters the trend towards the limitation, and eventual abolition, of the death penalty as expressed repeatedly by the Human Rights Committee, the General Assembly and, more recently, the Commission on Human Rights. Moreover, the Special Rapporteur 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 the death penalty.

86. In the light of the aforementioned, the Special Rapporteur should like to reiterate his interest in visiting China to study in situ questions relating to the right to life. He regrets that no progress was made in this respect over the past year. [back to the contents]

Colombia

87. The Special Rapporteur has continued to receive a large number of complaints about violations of the right to life. There is no evidence to suggest that there has been any improvement over previous years. It was reported that paramilitary violence was still responsible for most violations of the right to life. It was also stated that the paramilitary groups, i.e. the Peasants' Self-Defence Units of Córdoba and Urabį (ACCU), which were responsible for systematic violations of the right to life, were acting with impunity and with the acquiescence of certain elements in the armed forces. The zones most affected by the strong paramilitary presence were the departments of Antioquia, Caquetį, César, Guaviare, Meta and Norte de Santander. An increased military presence had also been recorded in the south of Bolķvar since March 1997. Clashes with the guerrillas in these areas were in turn causing mass displacements of the population to other areas.

88. As the Special Rapporteur has already stated in previous reports to the Commission, so many complaints are received by his office about Colombia that he cannot analyse them all. It is also impossible for him to provide appropriate follow-up in cases of violations of the right to life. The Special Rapporteur transmitted 24 urgent appeals to the Government of Colombia, requesting it to take the necessary measures to protect the physical integrity and right to life of the following persons, who had received death threats from members of the security forces and paramilitary groups, except where indicated to the contrary:

(a) Human rights activists:

(i) Sandra del Pilar Ubate, after receiving a death threat at the offices of the Colombian Association of Relatives of Disappeared Detainees (ASFADDES) in Bogotį. Sandra del Pilar Ubate and her family had already received death threats on previous occasions, probably to stop them from testifying before the Cali Regional Procurator's Office in connection with the investigations into the disappearance of John Ricardo Ubate, Sandra's brother (10 January 1997).

(ii) Ermilda Araque, Chairman of the Municipal Association of Women of Salgar (Antioquia) and Coordinator of the Women's Committee of the Antioquia Peasants Association, after being constantly harassed by unidentified persons, presumably connected with paramilitary groups (27 March 1997).

(iii) Wilson Patińo Agudelo, activist for the Remedios Human Rights Committee. He had earlier received death threats in connection with the fact that he had accused a police official of having been responsible for human rights violations in the municipality of Remedios (7 April 1997).

(iv) Gustavo Gallón Giraldo, after being accused of the offences of rebellion and drug trafficking, during a debate in the Senate Human Rights Committee on the opening of the office of the High Commissioner for Human Rights in Colombia, by the Commander of the Colombian armed forces (11 April 1997).

(v) Members of the People's Research and Education Centre (CINEP), after the murder of Carlos Mario Calderón, his wife, Elsa Constanza Alvarado, and her father, Carlos Alvarado Pantoja, by a group of men who identified themselves as members of the staff of the Procurator's Office (22 May 1997).

(vi) Pedro Julio Mahecha, lawyer and member of the José Alvear Restrepo Lawyers' Collective Corporation (CCA), and his family, after being subjected to intimidation and harassment. Pedro Julio Mahecha was working on cases of human rights violations in which members of the Colombian security forces were said to be involved (5 December 1996).

(b) Priests:

(i) Jesśs Martķnez and Bernardo Villegas, Franciscan priests and human rights activists, threatened by a group of paramilitaries, who identified themselves as members of ACCU. This same paramilitary group is said to have killed six unidentified peasants in Sincelejo and to have sacked business premises (9 April 1997).

(ii) Father Ezio Guadalupe Roattino Bernardi, an Italian priest from the community of Caldona, Cauca Department, after being accused by members of the police of being a collaborator with the guerrillas (6 May 1997).

(c) Trade unionists:

(i) Participants in farmers' demonstrations in the regions of Guaviare, Caquetį and Putumayo, and their representatives, after the death of Victor Julio Garzón, Secretary-General of the National Agricultural Trade Union Federation (FENSUAGRO) and member of the committee responsible for monitoring compliance with the agreements reached between coca growers and the Colombian Government (13 March 1997).

(ii) Jorge Elķecer Marķn Trujillo after receiving three anonymous telephone calls threatening him. Previously, he had received a note at the office of SIMTRAMCHINCHINA, in Chinchinį, in which he was threatened with death if he did not leave the region promptly. The note was signed by a paramilitary group calling itself "Death to Trade Unionists in the Coffee Industry" (21 March 1997).

(iii) Neftalķ Vanegas Pérea, Chairman of the Central Services Cooperative (CENCOSER) in the municipality of Ocańa, Norte de Santander, and employees of the Santa Clara chicken farm, after the death of the legal representative of the Santa Clara chicken farm, Julio Hernando Enrķquez, and after paramilitary elements had established themselves on land belonging to the farm (29 March 1997).

(d) Inhabitants of the following towns:

(i) Civilian population of the communities in the north east of Chocó after the increase in paramilitary activity in the region. Members of paramilitary groups are said to have advised the inhabitants of these communities not to enter the towns of Marsella, Brisas, Albania or Tanelita because they would kill anybody they found there (10 January 1997).

(ii) Inhabitants of the municipalities of Remedios, Yondó and Cantagallo after an increase in paramilitary activity in the region and the deaths at the paramilitaries' hands of Reinaldo de Jesśs Rķos, Norberto Galeano Cuadros and Jesśs Antonio Cabal, whose bodies were said to have been found on the road between San Francisco de Yondó and Barrancabermeja, Santander Departament (17 February).

(iii) Inhabitants of the municipality of El Carmen de Atrato, Chocó Department, after receiving death threats from members of the army and paramilitary groups accusing them of collaborating with the guerrillas. The killing of Gustavo Taborda in the neighbourhood of the locality of El Carmen de Atrato and of Libia Vera by members of a paramilitary group in the immediate neighbourhood of the same locality added to the fears of other inhabitants (6 March 1997).

(iv) Civilian population of the municipality of Segovia, after the killing of Martķn Emilio Rodrķguez Londońo, Aurelio de Jesśs Pelįez, Luis Carlos Muńoz, and a man known as Didier or "el Grillo", by a paramilitary group operating in the municipality of Segovia with the presumed acquiescence of the security forces (13 March 1997).

(v) Civilian inhabitants of El Carmen de Bolķvar and San Jacinto, after a group of some 50 paramilitaries invaded El Saldo, municipality of El Carmen de Bolķvar, obliging some 30 of its inhabitants to leave their houses, and killing Doris Torres, a schoolmistress accused by the paramilitaries of collaborating with the guerrillas, Alvaro Pérez, peasant, José Esteban Domķnguez, Ender Domķnguez and Nicolįs Arrieta, whose names appeared on a list in the paramilitaries' possession (7 April 1997).

(vi) Civilian inhabitants of south-eastern Urabį, after the deaths of Diofanor Sįnchez Celada, Ramón Jiménez and Francisco Tabarquino (17 June 1997).

(e) Municipal representatives:

(i) Of Antioquia, after the death of Helķ Gómez Osorio, municipal representative in Antioquia Department, and José Loaiza Correa, municipal representative from Cańasgordas, whose body was said to have been found in the waters of the river Sucio in the east of Antioquia. The urgent appeal was sent jointly with the Rapporteur on the independence of judges and lawyers (16 December 1996).

(ii) José Estanislao Amaya Pįez, municipal representative from San Calixto, Norte de Santander, after receiving a written death threat signed by the paramilitary group "Catatumbo Self-Defence". This said that he had a week to leave the region and that his death would be followed by those of many other people. This urgent appeal is sent jointly with the Rapporteur on the independence of judges and lawyers (16 July 1997).

(f) Peasants' representatives:

(i) Belén Torres Cįrdenas and Raśl Emilio Ramos, members of the National Association of Peasant Consumers - Unity and Reconstruction (ANUC-UR), who feared possible reprisals after attending various meetings at the Centre for Human Rights in Geneva to provide information on the present situation of groups of persons displaced from the Bellacruz estate, César Department (20 November 1997).

(g) Minors:

(i) Juan Carlos Herrera Pregonero, Fabiįn Mauricio Gómez and Andrés David Escobar, all three minors, after being taken by force from a minors' detention centre in Cali, known as the Valle de Lili Rehabilitation Centre, after a previous occasion on which three abducted minors had been found dead. Two former police officers and two officials from the Valle de Lili Centre are said to be under investigation in connection with the deaths of these minors (30 May 1997).

89. The Special Rapporteur also transmitted an urgent appeal on behalf of Angel Trujillo Somagoso, a former guerrilla fighter with the Revolutionary Armed Forces of Colombia (FARC), who was handed over to the army in 1994 after publishing various statements in which he accused the army and paramilitary groups of grave violations of human rights (17 January 1997).

90. The Special Rapporteur also sent two urgent messages to the Governments of Colombia and Panama in order to prevent some 400 peasants and their Colombian families from Unguķa, Chocó Department, Urabį, who had fled from Panama after violent clashes between guerrilla and paramilitary groups, from being deported to Colombia without measures being taken to protect their right to life (5 December 1997 and 28 April 1997).

91. The Special Rapporteur also transmitted to the Government complaints about violations of the right to life of the following persons:

(a) Killed by paramilitary groups:

(i) Minors: César Augusto Bartolo, 12 years old, killed in Apartadó, Urabį, on 21 August 1996. The boy is reported to have been decapitated in front of other minors and his head displayed in public.

(ii) Human rights defenders: Jafeth Morales, human rights activist in the municipality of San Calixto and member of the local church communities, killed at Ocańa, Norte de Santander; Margarita Guzmįn Restrepo, human rights activist, killed at Segovia
town hall; Alvaro Nelson Suįrez Gómez, priest, human rights defender, and Director of the Social Pastoral Secretariat of
Cucutį Diocese and parish priest of the Church of the Divine Child, killed together with Luis Andelfo Pelįez, a parishioner
from the town of Rosario, Norte de Santander.

(iii) Indigenous persons: Gerardo Estrado Yaspuesan, Marco Antonio Nasner and Alfredo Basante, killed at Tuquerres, Narińo; José Miguel Domico, killed in the indigenous community of Dabeiba Viejo, municipality of Dabeiba, Antioquia.

(iv) Peasants: Eloy Villamizar Contreras, killed at Salazar, Norte de Santander; Luis Hernando Reyes, Ernestina Méndez Rico and Alberto Vargas, killed in the district of Casacara, César; Dioselino Quińones, killed at Pelaya, César; Luis Elver Villa Sįnchez, Mario Augusto Zapata Carvajal and Luis Antonio Barrientos Vélez, killed at the village of El Cruce, between Remedios and Yondó; Gerardo Alzate, killed at Granada, Antioquia.

(v) Political leaders: José Alberto Restrepo Pérez, former mayor of Segovia and activist in the Patriotic Union Party, killed at Medellķn; Félix Guarniza Barragįn, former town counsellor for the Liberal Party in the municipality of El Copey, killed at El Copey, César; Fredy Garcķa, former town counsellor and member of the Patriotic Union Party, killed at El Copey, César;

(vi) Trade unionists: Isidro Segundo Gil Gil, Secretary-General of the National Union of Food Industry Workers (SINALTRAINAL), killed at Carepa;

(vii) Others: Dario Covas Contreras, Diomedes Zapata, Rebeca Villareal and Baldomero Vergara, killed at El Guamo, Bolķvar; Santander Mendoza, Alonso Cabezas, Magnum Murillo, Johnny Pįjaro and Jaime Palacios, killed in the municipality of Riosucio, Chocó; Samuel and Jorge Barreto and Israel and Jorge Herrera killed at San Juan Nepomuceno, Bolķvar; Huber Ascanio Abril, Jesśs and Jorge Cardozo Santodomingo, Aurelio Lindarte, Alirio Quintero, Haider Cįrdenas and Albeiro N., killed at San Diego, César; Manuel Dķaz, Armando Chįvez and Heder Hernįndez, banana workers, killed at Chigorodo, Antioquia; Luis Enrique Salgado, Emiro Tovar, Everto Tovar, Ovidio Castillo, Daniel Salgado, Feder Rivera and Denny Ruiz, killed at Toluviejo, Sucre; Antonio Maldonado and Libia Ortega, traders, killed in the districts of San Miguel and Santander, César; Rafael de Oro Martķnez and Germįn Dario Ospino, workers, killed at Tenerife, Magdalena; Emilio Quintero, Raśl Gómez, José Luis Agudelo and Alfredo Alba, killed at Cazuca; Jesśs Toscano, killed at Pelaya, César; Luis Angel Guerra and Hernando Restrepo, killed at Zaragoza, Antioquia; Francisco and Marcelino Ballesteros, killed at Gilgal, Chocó; William Contreras and Fredy Durango, workers, killed in Apartadó, Antioquia; Luis Antonio Ramķrez, Edilberto Mesa, Gerardo Alvįrez, killed at El Playón, Santander; Humberto Londońo, Gabriel Parra, Dario Ceballos, Carlos Posada and Omar Alzate, killed at San Roque, Antioquia; Hernįn Alonso López and Carlos Mario Betancur, killed at Carmen de Viboral, Antioquia; Benjamķn Landero, Carlos Anibal Montes and Benjamķn Landero, killed at San Jacinto, Bolķvar; Carlos Eduardo Gómez, Luis Alexander Gonzįlez, Luis Eduardo Layos and Sandra Elena Rendón, killed at Guarne, Antioquia; César Dķaz, Jorge Cįceres and Daniel Hoyos, killed at Bellacruz; José Ignacio Acevedo, killed at Darién, Panamį; Cipriano Garcķa, killed at Yaviza, Panamį; Rubén Antonio Villa, Antonio Villa, Miguel Haya and Guillermo Serma, killed at San José, Apartadó; Marino López, killed at Vijao, Urabį; José David, killed at La Unión; Elķas Zapata, Eliodoro Zapata, Alberto Valle, Félix Antonio Valle and Carlos Torres, killed in the community of Las Nieves; César Pérez, killed in the community of El Guineo; Alfonso Callejas Robles, killed at Puerto Wilches; Luis José Lemus, Segundo Vįsquez, Otoniel Cańizares, killed at Puente Simańa; Luis Segundo Torres, killed at San Bernardo, municipality of Tamalameque; Fidel Sufscun, José Pitalua, Perica and Ediberto Jiménez, killed at Llano Rico, Urabį; Fabiįn Suįrez Garcķa, killed at Granada, Antioquia.

(b) Killed by members of the army:

(i) Peasants: Diosemel, Adinael and Luis Toscano, killed at Valledupar, César; Johny de Jesśs Bayona, killed by a counter-insurgency patrol at the settlement of Puerto Jordįn, municipality of Tame; Alfonso Manuel Mendoza Barrios, killed at Turbo, Antioquia; José Olmedo Toro Alvįrez and Vicente Angulo Benavķdez, killed at Orito, Putumayo; Laurentino Avendańo and Ferney Delgado, killed at La Montańita, Caquetį, by troops from the Twelfth Army Brigade; Antonio Angarita and Carmen Angel Clavijo, killed in the municipality of San Calixto, Norte de Santander; Everto Antonio Herrera and Juan López, killed at Puerto Asis, Putumayo, by troops from Counter-insurgency Battalion 37 together with units of the military police when they were trying to disperse a demonstration by peasants.

(ii) Indigenous persons: Gilberto José Mįrquez Murillo and Argemiro Manuel Padilla Benķtez, killed at Sincelejo, Sucre; Gustavo Hernįndez, an indigenous Huioto, killed at Solano, Caquetį.

(iii) Trade union leaders: Nazareno de Jesśs Rivera, killed in the municipality of Segovia, Antioquia.

(iv) Others: Diego León Yarce, Martha Vélez and Suhey Montoya, minors, killed at Segovia; Uriel Cardona, member of the Colombian Communist Party leadership, and Alfonso Giraldo Osorio, worker, killed at Apartadó; Huber Antonio Ascanio Abril, Jesśs and Jorge Cardozo, Aurelio Lindarte, Jaime Cįrdenas and Nehemias Durįn, killed in the district of Media Luna, San Diego, César; Jairo Bellere Buitrago, member of the communal action board of San José de Morichal, and Abimelet Parra, trader, killed in the municipality of Tame; Juan Coronel, killed by a counter-insurgency patrol in the municipality of Tame; Giraldo Arias Sosa, Hernįn de Jesśs Pérez and Jorge Eliecer Rodas, killed on the Montebello estate, municipality of Salgar; Jesśs Eudoro Orjuela Trujillo, killed at Ibagué, Tolima; Reinel Valencia and Gelmer Porras, killed at El Castillo, Meta; Vladimir Zambrano, Jenner Alfonso Mora, Juan Carlos Palacios and Arquķmides Moreno, killed in the municipality of Mosquera; Leonardo and Bernardo Panesso, killed in the community of El Guineo, Apartadó.

(c) Killed by the police:

(i) Political leaders: Fabio Fonseca Guerrero, former mayor of the municipality of Uribia, killed by anti-narcotics police officers when taking part in a procession of civic and political leaders of Uribia and Guajira; Medardo Ducuara Leyton, Governor of the community of Sortija, killed in the municipality of Ortega, Tolima.

(ii) Peasants: Alonso Bonilla, killed at Puerto Asis when taking part in a peasants' demonstration; Segundo Saboby Urbano and Eber Cano, killed at Florencia, Caquetį, during a campaign by peasants.

(iii) Human rights defenders: Jorge Conde, killed by officers from the fifth police station in Cali, presumably because of his statements to the Human Rights Unit of the Procurator's Office on the disappearance of John Ricardo Ubate.

(iv) Others: John Jairo Pérez Romero, killed in the La Gloria district of Cundinamarca; Jaime Lara Vįsquez, worker, killed at Facatativa, Cundinamarca, when taking part in a protest by the inhabitants of the municipality; Hector Gómez, killed in the municipality of Remedios, a hundred metres from a police command post, without the police making any effort to prevent the incident.

Communications received

92. The Special Rapporteur received a large number of replies from the Colombian Government (11 and 14 November and 2 and 20 December 1996, 8, 20 and 23 January 1997, 3, 10, 13 and 17 February 1997, 23 March 1997, 2, 4, 8 and 28 April 1997, 11 and 24 June 1997, 2, 7 and 22 July 1997, 6 and 21 August 1997, 9 September 1997 and 1 October 1997), which shows the Government's willingness to cooperate with the Special Rapporteur in the fulfilment of his mandate.

93. The Colombian Government informed the Special Rapporteur about the investigations launched and the judicial proceedings conducted in connection with the following cases and urgent appeals transmitted by the Rapporteur: Jesśs Alberto Buitrago; Hugo Aldemar Manrique, Juan Carlos Girón Hurtado and Rodolfo Cetre Angola; Freddy Francisco Arboleda and Silfredy Arboleda; Fernando Carrillo Villegas and Eliseo Narvįez; José Antonio Caldera, Juan Diniro Hernįndez, Jorge Eliecer Partenina Roa, Evangelista Urrego Ferreira, Milton Romero Churioi, Carlos Maurel Arriero and Edison Martķnez; Pedro Pablo Vera Parra, Leónidas Tapiero Briceńo, José Aldemar Delgado, Marķa del Carmen Quińones, Prince and Celestino Benavides; Jesśs Ropero, John Hoymar Beltrįn Galvan, Libardo Montalvo Pérez, Miguel Angel Cįceres Padilla, Fernando López, Geovanny Guzmįn, Lorenzo Padilla, José Trinidad Galvan; Nelson Fernando Lombana; Jesśs Daniel Lascarro Madera; Félix Enrique Martķnez; Fabio de Jesśs Gómez Gil; Martķn Parroquiano Cubides; members of the Human Rights Committee of El Carmen de Atrato; José Norbey Jule Cuicue; Germįn Garcķa and Omar Quintero Lozano; Alexir Orozco Hernįndez; Milciades Canatillo; Adriano Portillo, Javier Contreras Baron and Alvaro Botello; Alvaro Dķaz; Roison Mora Rubiano; Riofrio massacre; Guillermo Omeara Miraval et al.; Alvaro Moreno Moreno; Elvia Regina Cuello and Ezequiel Antonio Urbano; Rodrigo Flórez; Alberto Barriga Vergel; Jaime Ortiz Alvįrez; Ramón Ricardo Avila; Ricardo Paredes Garcķa; displaced persons from the Bellacruz estate; José Lemus, Segundo Vįsquez and Otoniel Cańizares; Jorge Cįceres; Jaime Laguna Collazos; Edinson Donado and Reina Elena Donado; Belén Torres and Raśl Emilio Ramos; Alejandro Matia Hernįndez and Hermes Castro; Alberto Agudelo; Jaime and Orlando Hernįndez; Jaime Antonio Blanquiceth Jaramillo, Rafael Peńate Cabrales, Roberto Montes Vergara and Juan Antonio Solano Suįrez; Guillermo León Barrera and Francisco Javier Taborda; Manuel Castillo Ruiseco; Sandra del Pilar Ubate; Angel Trujillo Somagoso; Pedro and Milena Malagón; Jairo Alfonso Gamboa; Reinaldo de Jesśs Rios, Norberto Galeano Cuadros, Jesśs Antonio Cabal; Diego Mįrquez Zapata and Ermilda Araque; Gustavo Taborda and Libia Vera; Wilson Patińo; Jorge Eliecer Marķn Trujillo; Hector de Jesśs Gómez; Margarita Guzmįn Restrepo; Diafanor Sįnchez; Ramón Jiménez Duarte; Mario Calderón, Elsa Constancia Alvarado and Carlos Alvarado Pantoja; Victor Julio Garzón; Julio Hernando Enrķquez; Juan Carlos Herrera Pregonero, Fabian Mauricio Gómez and Andrés David Escobar; Carlos Eduardo Gómez, Luis Alexander Gonzįlez Zulueta, Luis Eduardo Layos and Sandra Elena Rendón Alvįrez; Hernįn Alonso López and Carlos Mario Betancur Moreno; Humberto Londońo Rivera, Gabriel Parra Alzate, Dario Ceballos, Carlos Posada and Omar Alzate Muńoz; William de Jesśs Contreras and Fredy Pérez Carrascal; Isidro Segundo Gil Gil; Luis Elver Villa Sįnchez; Mario Augusto Zapata Carvajal and Luis Antonio Barrientos; Gildaro Arias Sosa, Hernįn de Jesśs Pérez, Jorge Eliecer Rodas Vélez; Uriel Cardona and Alfonso Giraldo Osorio; Fabian Suįrez and Gerardo Alzate; Luis Angel Guerra López and Hernando Restrepo; César Augusto Bartolo; José Alberto Restrepo; José Miguel Domico; Juan Coronel; Benjamķn Landero Estrada, Carlos Anibal Montes Herrera and Benjamķn Landero Arrieta; Dario Covas Contreras, Diomedes Zapata, Rebeca Villareal and Baldomero Vergara Villareal; Gustavo Hernįndez; Segundo Saboby Urbano and Eber Cano; Toscano family; Dioselino Quińones; Antonio Maldonada Rangel and Libia Ortega; Fredy Garcķa; Félix Guarniza Barragįn; Huber Antonio Ascanio, Jesśs and Jorge Cardozo Santodomingo, Aurelio Lindarte and Jaime Cįrdenas; Ermilo Quintero Tovar, Raśl Gómez Mayorca, José Luis Agudelo Arango and Alfredo Alba; Jaime Lara Vįsquez; Francisco Ballesteros Garcķa and Marcelino Ballesteros Guevara; Santander Mendoza, Alonso Cabezas, Magnum Murillo, Johny Pįjaro and Jaime Palacios; Fabio Fonseca Guerrero; Rafael de Oro Martķnez and Germįn Dario Ospino; Reinel Valencia and Gelmer Porras; Gerardo Estrada, Marco Antonio Nasner and Alfredo Basante; Eloy Villamizar Contreras; Alvaro Nelson Suįrez Gómez and Luis Andelfo Pelįez; Jafeth Morales; Alonso Bonilla; José Olmedo Toro Alvįrez and Vicente Angulo; Everto Antonio Herrera and Juan López; Luis Antonio Ramķrez Hernįndez, Edilberto Mesa Escalante and Gerardo Alvįrez Galvis; Gilberto José Mįrquez Murillo and Argemiro Manuel Padilla; Luis Enrique Salgado, Emiro Tovar, Everto Tovar, Ovidio Castillo, Daniel Salgado, Feder River and Denny Ruiz; Jesśs Eudoro Orjuela Trujillo.

Follow-up of the recommendations made by the Special Rapporteurs on torture and on extrajudicial, summary or arbitrary executions after their visit to the country in 1994

94. On 29 October 1996, the Special Rapporteurs reminded the Colombian Government of the recommendations made after their visit to the country in October 1994 and asked for information on the measures taken to put those recommendations into practice, and in particular on certain specific aspects of them detailed in a questionnaire. On 8 January 1997 the Government replied to this request. During 1997 non-governmental sources provided the Special Rapporteurs with information on the matters which were the subject of the recommendations and the Government's comments. The recommendations, a summary of the Government's reply and a summary of the information received from non-governmental sources are given below. They were transmitted to the Government on 31 October 1997.

95. The Special Rapporteurs "call on the Government to fulfil its obligation under international law to conduct exhaustive and impartial investigations into all allegations of extrajudicial, summary or arbitrary executions and torture, to identify, prosecute and punish those responsible, grant adequate compensation to the victims or their families and take all appropriate measures to prevent the recurrence of such acts" (E/CN.4/1995/111, para. 115).

96. The Government stated that as regards the obligation to compensate victims, Act 288 of 1996 established machinery for the compensation of victims of violations in pursuance of the provisions adopted by certain international bodies, and specifically the Inter-American Commission and the Human Rights Committee. The Act lays down specific obligations for the National Government.

97. Non-governmental sources reported that although Act 288 of 1996 represented an advance in terms of bringing internal machinery into line with international instruments for the protection of human rights, it did not cover the broader issue of redress for violations of human rights as developed in international theory and practice, confining itself solely to the question of economic compensation, without establishing machinery covering, for example, social redress, clearing of the names of the victims and fulfilment of the State's obligation to guarantee the rights to truth and justice. Similarly, Act 288 of 1996 restricted the State's obligation merely to compliance with the recommendations for compensation made by the Inter-American Commission on Human Rights and the Human Rights Committee, excluding the equally binding recommendations that might come from other intergovernmental bodies for the protection of human rights, such as the International Labour Organization or the Committee against Torture.

98. In the matter of civil justice, the Special Rapporteurs recommended among other things the following: "(c) As long as the Regional Justice System exists, the crimes falling under this jurisdiction should be clearly defined ... defendants before regional courts must enjoy full respect for their right to a fair trial. The severe restrictions currently in place, including those affecting the right to habeas corpus ... should be eliminated" (ibid., para. 117).

99. With regard to the regional justice system, the Government stated that the Statutory Act on the Administration of Justice expressly limited the period for which the system was to remain in force: it has to cease operating by 30 June 1999. The same Act originally contained provisions regulating the withholding of the identity of witnesses and the procurator. But the Constitutional Court declared these provisions unenforceable for reasons of form. Nevertheless, in the light of the criticisms, recommendations and suggestions made, the tendency is to reduce the coverage of the regional justice system, the main factors justifying its application being the dangerousness of the accused and the seriousness of the offence. Withholding of the identity of judges and witnesses has been restricted.

100. Non-governmental sources stated that, as a result of the Constitutional Court's decision, the previous rules continued to apply. This makes it easier for members of the forces of law and order to appear as secret witnesses and bring charges before the courts against those they consider their enemies, who are often just social activists.

101. The Special Rapporteurs recommended that "provision should be made for effective protection of persons providing testimony in proceedings involving human rights violations".

102. The Government stated that the Witness Protection Programme of the Procurator's Office operated on a restricted basis, since its requirements were quite strict and few persons were willing to comply with them. Resources continued to be inadequate to meet needs. The Government had made progress in implementing the Special Programme for the Protection of Leaders and Activists of Political, Trade-Union, Social and Human Rights Organizations and of Witnesses. This programme has been assigned to the Ministry of the Interior's Special Administrative Unit for Human Rights.

103. Non-governmental sources stated that the intervention of the Witness Protection Programme of the Procurator's Office in cases of human rights violations had not had very good results. On the few occasions on which the Programme had intervened, its conditions had been very strict, the most difficult one to accept being the protected person's total isolation from his family. Furthermore, witnesses did not have confidence in the protection offered; as victims of human rights violations, their fear when confronted with any State official was understandable. The rigidity of the Programme and the distrust of those eligible for protection generally led to conflict, to the detriment of the latter's security. The central problem with this type of programme is that it is designed for repentant offenders and not for victims of human rights violations. These see themselves as in danger of being treated as suspects or accused persons, since the function of the Procurator's Office is to investigate and accuse, so that it is natural that the victims should not feel confidence in the body responsible for providing them with protection. The coverage of these programmes is very limited and their approach questionable; the tendency is to intervene with regard to the effects of threats to these persons' security, but in the overwhelming majority of cases any investigation of the reasons for these threats or of those responsible for them goes by the board.

104. With regard to the Special Programme of Protection for Leaders and Activists of Political, Trade-Union and Social Organizations, non-governmental sources stated that it had been presented by the National Government to the non-governmental human rights organizations in March 1997. Since that date, security conditions for human rights institutions and their members had been deteriorating badly, with many cases of murder, disappearances, judicial proceedings in which being active in human rights was treated as criminal, threats, exile and enforced departure. These facts are in contrast to the policy followed by the Government since the middle of this year, as exemplified in Presidential Directive 011 of 16 July 1997 and the dialogue initiated between human rights organizations and the National Government through the Ministry of the Interior, the Ministry of Foreign Affairs and the Ministry of Defence, principally on the situation of human rights defenders.

105. Non-governmental sources also stated that Directive 011 recognized the legitimacy of the work of non-governmental human rights organizations, their contribution to democracy and the rule of law, to the prevention of new violations, to efforts to do away with impunity and to redress for victims. It requires public servants to refrain from making offensive or insulting statements against members of such organizations and to give priority to petitions from human rights defenders. The non-governmental organizations recognize the importance of measures of this kind. Nevertheless, in the dialogue opened up with the National Government, they have expressed the view that the measures in question should be more far-reaching and effective. The measures suggested include confronting and eradicating illegal paramilitary groups, dismissing members of the forces of law and order and other State bodies involved in serious human rights violations and putting into effect strategies for the prosecution and punishment of those responsible for threats and attacks against human rights defenders.

106. The Special Rapporteurs recommended, with regard to the military justice system, that a reform of the Code should include the following elements: (a) Clear distinction between those carrying out operational activities and personnel involved in the military judiciary, who should not be part of the normal chain of command; (b) Recomposition of the military tribunals by a corps of legally trained judges; (c) Ensuring that those responsible for the investigation and prosecution of cases are also entirely independent of the normal military hierarchy; (d) Removal of the defence of obedience to superior orders in respect of executions, torture and enforced disappearances; (e) Involvement of the claimant for criminal indemnification (parte civil); (f) Explicitly excluding from military jurisdiction the crimes of extrajudicial, summary or arbitrary execution, torture and enforced disappearance. Furthermore, the organ deciding in conflicts of competence between the civilian and the military justice systems should be composed of independent, impartial and competent judges.

107. The Government notified its decision to submit the reform of the military criminal justice system to the Congress from March 1997. The Government has an official position on the two main points of disagreement: whether or not to delimit the concept of service-related offences and whether or not to restrict the concept of obedience to superior orders as exempting a person from responsibility. With regard to the first question, it opted for not including definitions or normative indications, but to leave the analysis and definition of whether the offence was service-related or not to the judges. As far as obedience to superior orders is concerned, it will only be possible to invoke this defence when it is based on a lawful order and does not run counter to fundamental rights.

108. Other important advances have also been achieved, such as: establishment of a clear distinction between those carrying out operational activities and personnel involved in the military judiciary, who should not be part of the normal chain of command; technical training for personnel concerned with the tasks of investigating and trying cases; introduction of the accusatorial system; involvement of the claimant for criminal indemnification (parte civil) in the trial; and introduction of a chapter making offences of the most notable violations of international humanitarian law.

109. Non-governmental sources stated that the draft military criminal code presented by the Government reproduced the content of article 221 of the Constitution and excluded its application with regard to serious violations of human rights in the matter of military justice. With regard to obedience to superior orders, the project lays down guidelines to the effect that execution of an order requires that it should be issued with the necessary legal formalities and by a competent authority, but it is not explicit about the duty not to obey express orders that entail human rights violations. As regards the claimant for criminal indemnification (parte civil), his scope for action is strictly limited in trials, because, under article 301 of the draft, he may not oppose decisions and findings that do not relate to his claims for compensation.

110. The same sources said that the conditions in which the draft was being presented had been substantially modified by the Constitutional Court's decision of 5 August 1997 on an application for a ruling of unconstitutionality on various articles in the Military Criminal Code. The decision lays down three rules for the application of military criminal justice. The first is that the application of such justice is restrictive, i.e. confined to offences committed by members of the forces of law and order on active service which are related to that service. The act has to originate in a legitimate activity of the service of the police or the armed forces. Accordingly, if the agent's intention is criminal from the beginning, the case falls within the jurisdiction of the ordinary judicial system. The second rule is that certain offences do not and cannot constitute acts of service and are not within the competence of the military courts, such as crimes against humanity. In these circumstances the case has to be assigned to the ordinary courts, given the total contradiction between the offence and the constitutional functions of the forces of law and order. The third rule is that evidence put forward in the trial has to establish full proof of the relationship with the service. This means that in situations in which there is a doubt as to which is the competent jurisdiction to hear a particular case, the decision will have to be in favour of the ordinary courts, because it will not have been possible to establish fully that the case is an exception.

111. The rules laid down by the Constitutional Court are binding on the country's other judicial authorities. Non-governmental sources, however, expressed concern regarding its application in this case. This is because, since the decision was handed down, the Government has not taken the necessary action for cases being dealt with by the military criminal justice system which under that decision do not meet the conditions for being dealt with by the military courts to be referred to the Office of the Attorney-General or to the ordinary courts.

112. The Special Rapporteurs recommended the establishment of a mechanism which could contribute to providing justice for the past.

113. The Government stated that it had played an active part in the friendly settlement processes under way through the Inter-American Commission, also mentioning some of the progress made in the cases of Trujillo, Uvos, Caloto and Villatina.

114. Non-governmental sources recognized the importance of the mechanism of commissions of inquiry. They stated, however, that with regard to the clearing up of cases, punishment of the culprits and social redress for the victims of violations involved in the cases covered by this mechanism, progress was minimal. None of the judicial inquiries had reached a conclusion.

115. The Special Rapporteurs recommended taking effective action as a priority to disarm and dismantle paramilitary groups.

116. The Government said that the activities of groups dispensing private justice had been condemned by the highest government authorities. The Attorney-General had made it one of his priorities to put an end to impunity for acts committed by these groups. The Human Rights Unit was at present concerned with 29 investigations in this area and had issued arrest warrants for members of those groups.

117. Non-governmental sources stated that since the beginning of 1997, activity by paramilitary groups had spread over the whole country. In the course of their activities they had committed serious violations, involving executions, enforced disappearances and torture, with terrible cruelty and no discrimination as to the condition of the victims. This had also led to the displacement of entire populations. To this was added the fact that, as has been characteristic of them ever since they emerged, they conduct their activities in highly militarized areas and there are no reports of any clashes with the forces of law and order. In some cases, joint action with the army has even been reported.

118. According to these sources, the National Government's attitude to these groups is permissive, in that it has not adopted policies to combat them. There is also said to be a trend towards legitimizing such groups, with the establishment and promotion of the so-called "Convivir". These are organizations of private citizens called upon to provide special services as guards and private security agents, with official authorization to use weapons whose use is confined to the forces of law and order. Although the rules are not clear with regard to the delimitation of these organizations' activities, they have been officially described as performing intelligence work in zones of armed conflict, which helps the army to fight the guerrillas. This means that a strictly military function is being delegated to private citizens, which is contrary to the Constitution, according to which such functions can only be performed by the armed forces and the police. An application to have the decree establishing them declared unconstitutional is at present under consideration in the Constitutional Court.

119. In 1997 there has been vigorous activity by these groups in the municipalities of Yondó, Dadeiba, Remedios and Santa Rosa de Osos, Antioquia Department; Carmen de Bolķvar, Rķo Viejo and Tiquisio Nuevo, Bolķvar Department; Milįn, Caquetį Department; La Jagua de Ibirico, El Copey and La Paz, César Department; Riosucio, Chocó Department; Abrego, Norte de Santander Department and Mapiripįn, Meta Department.

120. The Special Rapporteurs recommended the adoption of measures to protect those at risk of "social cleansing" killings, in particular street children.

121. The Government stated that the Social Solidarity Network of the Presidency of the Republic was carrying out a special programme for promoting the rights of street dwellers and protecting them in 12 cities. Work was at present in progress in an inter-agency committee which was seeking to strengthen the programme of care for minors and young people living in the street.

122. Non-governmental sources reported that between October 1995 and September 1996, 314 persons had been killed as a result of violence against members of marginal groups. In nearly 40 per cent of the cases the culprits were unknown. Of the remainder, paramilitary groups were the main culprits, representing some 57 per cent of cases. In addition, they were held to be responsible for 15 of the 24 collective executions of members of marginal groups. Guerrilla forces were held responsible for 2.5 per cent of cases and officers of the forces of law and order for 1.3 per cent. Sixty per cent of these executions were carried out in the country's six leading cities (Medellķn, Barranquilla, Bogotį, Cartagena, Cali and Cścuta).

Observations

123. The Special Rapporteur is grateful to the Government for the replies transmitted concerning complaints of violations of the right to life and regrets the fact that owing to the lack of human and material resources available to him, he has not been able to give them adequate follow-up. The Special Rapporteur remains deeply concerned by the massive number of complaints he continues to receive and considers that this circumstance makes it evident that despite the Government's intention to improve the situation with regard to the right to life in Colombia, it is still alarming. He is particularly concerned at the threats to and killings of human rights defenders.

124. Owing to the high number of complaints and the limited resources available to him, the Special Rapporteur considers that the situation cannot continue to be examined solely under a thematic mandate, but warrants the appointment of a special rapporteur on the country, who would work directly with the Office of the High Commissioner in the field and would report to the Commission on the human rights situation in Colombia. [back to the contents]

Comoros

Information received

125. According to information received by the Special Rapporteur, Mr. Mohamed Saidali, alias "Robin", found guilty of armed robbery and sentenced to death at Moroni on 20 September 1996, was executed on 29 May 1997. The previous year, the Rapporteur had sent an urgent appeal requesting the authorities to ensure respect for the right to life of Mr. Robin and three other persons under death sentence, Mr. Mohammed Sahali, Mr. Machallah and Mr. Youssouf Hamadi (not identified at the time the urgent appeal was sent). According to information received, Mr. Robin is the second Comorian to have been executed without being able to exercise his right to apply to a court of appeal. No reply from the Government to the urgent appeal sent in 1996 has been received by the Special Rapporteur to date. [back to the contents]

Congo

Information received and communications sent

126. According to information received by the Special Rapporteur, extrajudicial, summary or arbitrary executions have taken place on a large scale in the course of conflicts between the supporters of President Pascal Lissouba and those of President Denis Sassou Nguesso.

127. On 9 July 1997, the Special Rapporteur sent a letter to Mr. Ralph Zacklin, Acting Deputy High Commissioner for Human Rights/Centre for Human Rights, drawing his attention to the explosive situation prevailing in Congo-Brazzaville since 5 June 1997. He had also received allegations of indiscriminate bombing of popular neighbourhoods in Brazzaville and summary executions of civilians and combatants.

Observations

128. The end of the civil war situation in the Congo should not mean impunity for the many summary executions and humanitarian law violations which have occurred there. The authorities should investigate allegations of violations of the right to life, identifying the offenders and bringing them to trial, and should offer compensation to victims' families. Lasting peace will only be built on a foundation of truth, justice and solidarity. [back to the contents]

Costa Rica

Information received and communications sent

129. The Special Rapporteur transmitted an urgent appeal on behalf of Reina Zelaya and her three daughters, Honduran nationals granted asylum in Costa Rica, having received information that they were still being subjected to harassment and threats, allegedly by members of the Honduran security forces. In September 1996, the Special Rapporteur had already transmitted an urgent appeal requesting measures to protect their physical integrity and right to life. The threats might be related to the fact that the father of two of Reina Zalaya's daughters, Florencio Caballero, a former member of Honduran Military Intelligence Battalion 3-16, had given evidence during investigations into human rights violations in Honduras (10 January 1997). The Special Rapporteur transmitted the same urgent appeal to the Honduran authorities.

Communications received

130. The Government of Costa Rica informed the Special Rapporteur that Reina Zelaya and her daughters had entered Costa Rica on 28 February 1996. On 28 June 1996, they were granted refugee status. According to the report, on 9 September 1996, Reina Zelaya lodged a complaint before the Office of the Ombudsman. An investigation was initiated to establish the facts. Despite various inquiries, it could not be proved that Honduran military agents were operating in Costa Rica. The Government told the Special Rapporteur that Reina Zelaya was not entitled to approach an international human rights body, since domestic remedies had not been exhausted, and also since those allegedly responsible for the harassment were not of Costa Rican origin (17 March 1997).

131. The Special Rapporteur was subsequently informed that Reina Zelaya and her daughters had been resettled in Sweden in February 1997 (28 October 1997).

Observations

132. The Special Rapporteur wishes to thank the Government for its replies in the case of Reina Zelaya. He would like to point out that States have an obligation to protect the right to life of all persons on their territory and under their jurisdiction. He would also like to remind the Government that the purpose of transmitting an urgent appeal is to prevent irreparable loss of the right to life. The Special Rapporteur therefore transmits urgent appeals regardless of whether the remedies of domestic jurisdiction have been exhausted or not. [back to the contents]

Cuba

Information received and communications sent

133. The Special Rapporteur transmitted complaints to the Government concerning the violation of the right to life of Armando Alejandre, Carlos Costa, Mario de la Peńa and Pablo Morales, who were killed on 24 February 1996, when two civilian light aircraft they were flying were shot down by two Cuban air force planes. It had been reported that when the light aircraft, belonging to the organization Hermanos al Rescate, were brought down, they were flying in international airspace.

Communications received

134. According to the Government of Cuba, the above cases do not fall within the Special Rapporteur's sphere of competence and lie outside the mandate given by the Commission on Human Rights. According to the Government, "the shooting down, as an act of legitimate defence, of two small pirate aircraft bearing United States registration marks within Cuban airspace" does not constitute extrajudicial, summary or arbitrary execution (29 August 1997).

Observations

135. The Special Rapporteur expresses his thanks for the reply provided by the Government of Cuba and its willingness to cooperate with the mandate. As in previous years, the Special Rapporteur wishes to point out that the communications sent to the Government do not lose their character of complaints and that all complaints reaching his office are analysed in the same spirit of impartiality. With regard to the Government's comment to the effect that the Special Rapporteur is straying outside the mandate conferred by the Commission, he wishes to remind the Government that the complaints received are analysed and transmitted in accordance with his working methods, which have been approved by the Commission on Human Rights on several occasions. He considers furthermore that the complaints transmitted concerning the shooting down of two civilian light aircraft in international airspace are grave enough for the Government to reply to the Special Rapporteur's questions. [back to the contents]

Democratic Republic of the Congo

Information received and communications sent

136. The Special Rapporteur has paid very close attention to recent events in Zaire, which became the Democratic Republic of the Congo on 17 May 1997. As a member of the joint mission requested by the Commission on Human Rights to investigate allegations of massacres and other issues affecting human rights in eastern Zaire since September 1996, the Special Rapporteur has received many allegations concerning violations of the right to life in that country.

137. For a detailed analysis of the situation in the Democratic Republic of the Congo, reference is made to the reports submitted by Mr. Roberto Garretón, Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo (A/52/496 and E/CN.4/1998/65), and to the report of the joint mission charged with investigating allegations of massacres and other human rights violations occurring in eastern Zaire since 1996 (A/51/942).

138. The Special Rapporteur transmitted an urgent appeal to the Government on behalf of Joseph Kanku Pinganay, allegedly sentenced to death on 28 January 1997 by a court martial sitting in Kisangani. He was reportedly accused of spying for the Alliance of Democratic Liberation Forces (AFDL) and allowed only 24 hours to appeal against his sentence (12 February 1997).

139. Jointly with the Special Rapporteur on the situation of human rights in Zaire, the Special Rapporteur transmitted an urgent appeal to the Government concerning 30 to 40 civilians who were allegedly killed on 26 May 1997 at Uvira, in Southern Kivu, by members of the AFDL. The victims were taking part in a peaceful demonstration to protest against the assassination of five persons, who had allegedly been abducted and executed by members of the AFDL (11 June 1997).

140. Jointly with the Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, the Special Rapporteur sent a communication to the United Nations High Commissioner for Refugees (HCR). He wished to draw his attention to information received to the effect that some 300 AFDL soldiers had been sent to the area of Shabunda, in Southern Kivu, for the purpose of monitoring and protecting the repatriation of refugees to Rwanda. In view of the fears expressed by the source, the Special Rapporteur requested the HCR to provide its assessment of the situation and of the measures required to ensure that the AFDL soldiers fulfilled their task of providing protection with no other intention (25 July 1997). On the same day, the Special Rapporteur sent a letter to Mr. Ralph Zacklin, Officer-in-Charge, High Commissioner/Centre for Human Rights, drawing his attention to these ADFL troop movements in Southern Kivu and informing him by the same occasion of his communication to HCR.

141. The Special Rapporteur transmitted an urgent appeal to the Government on behalf of eight soldiers from the military camp of Badiadingi, east of Kinshasa, who were allegedly sentenced to death on 27 September 1997 after being convicted of mutiny by a military court. They had reportedly demonstrated because their salaries had not been paid. According to the information received, the eight soldiers concerned were not given the opportunity to appeal against the conviction, even though they had applied to President Laurent-Désiré Kabila for mercy. That urgent appeal was sent jointly with the Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo (29 October 1997).

Communications received

142. The HCR transmitted a reply to the Special Rapporteur, confirming the deployment of some 500 AFDL soldiers in the neighbourhood of Shabunda and the fears expressed regarding the life and physical integrity of refugees present in the area. The HCR informed the Special Rapporteur that the arrival of the troops was reported to have spread fear among refugees in the Shabunda transit camp, which the majority were said to have left to return to the forest. The HCR also informed the Special Rapporteur that no allegation of harassment or "ethnic cleansing" of refugees by soldiers had been received to date (7 August 1997).

143. Mr. Zacklin, Officer-in-Charge, High Commissioner/Centre for Human Rights, acknowledged receipt of the letter transmitted by the Special Rapporteur concerning the situation of refugees in the area of Shabinda. He expressed concern regarding developments in the region and undertook to bear the situation in mind in future contacts with the Government.

Observations

144. The Special Rapporteur is concerned at the persistent obstacles raised by the Congolese authorities to the holding of full, independent and impartial investigations into grave allegations of massacres or even genocide which have been brought to his attention. There can be no just and lasting peace or real security based on impunity and concealment of the truth. The entitlement of victims and their families to justice and to reparation has to be recognized if the cycle of violence which regularly shakes the Congo is to be broken. [back to the contents]

Ecuador

145. The Special Rapporteur transmitted complaints concerning violations of the right to life of the following persons: Mariana Pozo, killed on 21 January 1996 in Atuntaqui, Imbabura, by a gunshot fired by a police officer; Juan Jiménez, Vicente Gargas and Carlos Obregón, detainees at the prison of Litoral, Guayaquil, who were killed on 26 January 1997 when fired upon by police as they tried to escape from the prison. The Special Rapporteur was informed that the prisoners had been captured alive. [back to the contents]

Egypt

Information received and communications sent

146. The Special Rapporteur continued to receive numerous reports on death penalties imposed on civilians by military courts after proceedings which reportedly fell short of international fair trial standards and, in particular, of article 14 of the International Covenant on Civil and Political Rights, ratified by Egypt. According to the information received, sentences in criminal cases, including death sentences, are passed to the Mufti, the highest religious authority, for approval, then submitted to the President for ratification and subsequently reviewed by the Military Appeals Bureau, a non-judicial body headed by the President. Furthermore, the impartiality and independence of military tribunals continued to be questioned, as military judges are serving military officers appointed by the Ministry of Defence for a two-year term, renewable for additional terms of two years at the discretion of the Minister. It was further reported that since October 1992, when the President began issuing special decrees referring civilians to trials before military courts, 81 persons charged with terrorist offences have been sentenced to death and 54 executions have been carried out.

147. In addition, it was again brought to the Special Rapporteur's attention that proceedings before criminal courts, which may lead to the imposition of the death penalty, also do not conform to international fair trial standards, as final verdicts can only be appealed against before the Court of Cassation when it can be proved that there were procedural irregularities in the trial.

148. The Special Rapporteur transmitted an urgent appeal to the Government on behalf of Mostafa Mohammad Mahmoud 'Eissa, Al-Numeiry Ramadhan Sayyid Ahmad, 'Abel 'Abd al-Ghani 'Abd al-Rahman, Mounir Mostafa 'Abd al-Hafiz and 'Abd al-Hamid Abu 'Aqrab. It was reported that after they had been sentenced to death on 2 December 1996 by the (Emergency) Supreme State Security Court, a special court, in Cairo, their sentences were reportedly approved by the Mufti and were then passed on to the President for ratification. It was brought to the Special Rapporteur's attention that during the trial defence lawyers had claimed that the defendants had been tortured and had requested the court not to admit as evidence the statements given during police interrogation. It was reported that the lawyers' request had been disregarded by the court and that no investigations into the allegations of torture were initiated. Moreover, it was reported that there had been no right to appeal the verdict of the (Emergency) Supreme State Security Court (13 January 1997).

Communications received

149. The Government provided the Special Rapporteur with a reply to the urgent appeal sent on 13 January 1997 as well as to various cases transmitted during 1995 and 1996. In response to the urgent appeal sent on behalf of Mostafa Mohammad Mahmoud 'Eissa, Al-Numeiry Ramadhan Sayyid Ahmad, 'Abel 'Abd al-Ghani 'Abd al-Rahman, Mounir Mostafa 'Abd al-Hafiz and 'Abd al-Hamid Abu 'Aqrab, the Government affirmed that theirs could not be considered arbitrary executions, as a legal judgement had been handed down by a court which had respected all the guarantees of a fair trial.

150. With regard to the case of Muhsin Muhammad Awwad Hassan, who allegedly died in detention and was buried without his body having been inspected, the Government stated that he had died after falling into a diabetic coma, and as there was no reason to suspect a criminal act, the case was closed. In response to the cases of Ahmad Amin Abdel Moneim Hussein, Ahmad Amin Abdel Moneim Hussein, Al-Amir Muhammad Husni Umar, Mustafa Muhammad Muhammad al-Iraqi and Muhammad Saad Ali Ahmad, who reportedly died in custody as a result of torture, the Government informed the Special Rapporteur that they had died of natural causes and that the Department of Public Prosecutions had closed their cases since there were no reasons to suspect criminal acts (13 March 1997).

151. The Special Rapporteur was also informed that replies to other alleged violations of the right to life would be transmitted to him immediately upon receipt (24 March 1997).

Observations

152. The Special Rapporteur continues to be concerned at deaths in custody and the imposition of death penalties after trials before criminal and military courts reported to fall short of the international fair trial standards. The Special Rapporteur agrees with the Human Rights Committee that the imposition of a death penalty on a person whose right to a fair trial has been violated constitutes a violation of his right to life and of article 6 of the International Covenant on Civil and Political Rights.

153. The Special Rapporteur also reiterates his concern that civilians continue to be tried before military courts whose procedures fall short of international fair trial standards, particularly since these courts cannot be considered impartial and independent and the defendants have no right to appeal sentences. The Special Rapporteur calls upon the Government of Egypt to bring its laws into conformity with the International Covenant on Civil and Political Rights. [back to the contents]

El Salvador

Information received and communications sent

154. According to information received, paramilitary groups and/or clandestine groups similar to those which were active in the 1980s and early 1990s, have appeared in recent years in El Salvador. These groups, which are allegedly fomenting violence and social unrest in the country, are said to be acting with the acquiescence of the authorities, despite the fact that their links with the latter may not be as clear as in the past. These groups are said to include the Major Roberto d'Aubuisson Nationalist Force (FURODA), which emerged in June 1996 and is said to have made threats against public figures, journalists and religious leaders. Another group, called Sombra Negra, is reported to have appeared in December 1994, with the avowed objective of combating crime and acting as a social cleansing squad. Although it is not known who the members of this group are, several sources allege that they are former soldiers, who may be acting with the acquiescence of the National Civil Police (PNC).

155. Sombra Negra is said to be responsible for the deaths, between December 1994 and April 1995, of 17 persons, all allegedly criminals. The Special Rapporteur has also been informed of the existence of other clandestine armed groups, including the Maximiliano Hernįndez Martķnez Organization against Crime, the People United against Crime Movement (PUCD) and the Provisional Anti-Crime Executive Command (CEAT).

156. The Special Rapporteur transmitted complaints to the Government regarding the violation of the right to life of José Fidel Córdova, aged 16, Jairo Jonathan Hernįndez Cornejo, aged 15, and Wilfredo Hernįndez Cornejo, aged 18, whose bodies reportedly appeared in April 1996 in the village of Agua Caliente, Platanillo, Quezaltepeque. According to the information received, the perpetrators belong to a paramilitary group.

Communications received

157. The Government of El Salvador provided detailed information concerning the cases transmitted by the Special Rapporteur in 1996 (16 January 1997).

158. The Government reported that the cases of Oscar Nelson Dķaz Hernįndez, David Antonio Aparicio, Andrés Méndez Flores, Pedro Ernesto Herrador Carķas, Francisco Leondan Peńa and Oscar Anderson Cornejo were still being investigated, but that the persons responsible for their deaths had not yet been identified. With regard to the death of Juan Carlos Calderón Quintanilla it had not been possible to identify those responsible for his death and the case had been shelved.

159. Also with regard to the deaths of Genaro Garcķa Garcķa, Julio César Fuentes, Francisco Bolańos Torres, Juan Ramón Fuentes, Guillermo Mercedes Fuentes Moya, Santos Cornelio López Sįnchez, Boanerges Bladimir Bernal Deral, Fernando Lemus and Eustaquio Fuentes Mendoza, the Government reported that investigations were continuing and that officers of the National Civil Police had been identified as the likely culprits. Investigations were also continuing in the case of Daniel Alfonso Benķtez Guzmįn, in which soldiers of the armed forces had been identified as the likely culprits.

160. In the case of Héctor Rafael Paz de Paz, the person accused of his death, an officer of the municipal police of Nueva San Salvador (Cuerpo de Agentes metropolitanos) received a sentence of 20 years' imprisonment. He was also sentenced to pay relatives of the deceased the sum of 10,000 colones. In the case of Victor Silverio Alvarenga, a sergeant in the National Civil Police based in Aguilares had been charged and ordered to be placed in custody in December 1995.

161. The Special Rapporteur was informed that the person accused of the death of José Israel Mejķa, an officer of the National Civil Police of San Luis La Herradura, had been tried and acquitted. It was also reported that, in the case of Joel de Jesśs Melgar, the person identified as responsible for his death does not belong to any police force or to any other State agency.

162. The Government provided information regarding complaints related to the deaths of José Fidel Córdova, aged 16, Jairo Jonathan Hernįndez Cornejo, aged 15, and Wilfredo Hernįndez Cornejo, transmitted to the Government in 1997. Investigations had been completed by the Criminal Court of the Judicial District of Quezaltepeque, but for the time being no person or group had been identified specifically as being responsible for the deaths. It was stated that, in view of the seriousness of the case, if those responsible could be identified, they would be subject to criminal prosecution (25 September 1997 and 9 October 1997).

Observations

163. The Special Rapporteur wishes to thank the Government of El Salvador for its willingness to cooperate with his mandate by supplying detailed information concerning the complaints transmitted. He urges the authorities to continue conducting full, impartial investigations into the complaints of violations of the right to life, in order to identify those responsible and bring them to trial, while providing due compensation for the victims and taking the necessary steps to ensure that such violations do not recur in future. [back to the contents]

Ethiopia

Information received and communications sent

164. It was brought to the Special Rapporteur's attention that extrajudicial, summary or arbitrary executions, as well as other human rights violations, occurred on a regular basis in secret detention centres, of which the Government reportedly denies the existence.

165. In this context, the Special Rapporteur sent an urgent appeal together with the Special Rapporteur on the question of torture on behalf of the detainees alleged to be held in 23 secret detention centres in Deder district, mainly on the suspicion of supporting the Oromo Liberation Front, as well as on behalf of some 300 persons held at Harrar prison, most of them farmers, after reports had been received expressing fear for their lives or physical and mental integrity. The source of the information indicated that the following persons had already been killed during their detention in Deder district: Shekim Ahmed Dawid, Awel Mohamed, Hamza Mohamed, Ahmed Abdullahi, Ahmed Adem, Dr. Mokonnen Baye, Aliyyi Mume, Mohamed Haji Ahmed, Jafar Ahmed, Aliyyi Mussa, Hanna Hunde (female), Gemechu Iticha, Dita Mume (female), Abdurazak Ahmed Mume (8 November 1996).

166. The Special Rapporteur also sent allegations regarding the death in custody of the following four persons:

(a) Shiferaw Mekonnen, who reportedly died on 19 December 1996 as a consequence of injuries resulting from torture which he sustained in custody in Dita Dara;

(b) Waqjira Fullaas Ayyansaa, who reportedly died on 3 October 1996 as a result of torture while being detained in Ambo prison in western Showa;

(c) Haji Ibrahim Hussein, who reportedly died on 12 September 1996 in detention in Robe, Bale, as a result of torture;

(d) Yadessa Lencha, who reportedly died in July 1997 as a result of torture while being detained in Gimbi prison in western Wollega.

167. Moreover, the Special Rapporteur sent an allegation regarding the violation of the right to life of Gurmessa Ale, who was reportedly killed on 1 September 1996 by armed men belonging to the Ethiopian People's Revolutionary Democratic Front (EPRDF) in Kolli village, Anfilo district, western Wollega. It was reported that those responsible were surrounded by villagers who escorted them to Mugi town police station, where, according to the information received, they were released immediately.

Communications received

168. In response to the Special Rapporteur's urgent appeal sent jointly with the Special Rapporteur on the question of torture on 8 November 1996 on behalf of detainees held in what were alleged to be 23 secret detention centres in Deder district, the Government informed the Special Rapporteur that the Regional Administration affirmed that there are no secret detention centres in Deder district, the only places of detention being one prison, one police station and one sub-police station in Kobo town. The Special Rapporteur was also informed of the following: Gemechu Iticha was reported to have lived in the Deder area until he answered the mobilization call made by the Oromo Liberation Front and that no adverse action was taken against him by the Government; a warrant of arrest was issued for Dita Mume, who is accused of murder but still at large; Sheikh Ahmed Dawid was detained on charges of murder; Ahmed Adem was a resident of Melka Belo Wereda and leading a normal life; Hanna Hunde, who was a lieutenant, was killed at Legebaba in a conflict with the Oromo Liberation Front after he had left the Government; Aliyi Mume is alive in Kombocha Wereda; and Aliyi Mussa was arrested in connection with the investigation of a murder (29 January 1997).

169. In regard to the case of Bekelle Argaw, who was reportedly killed by soldiers on 26 September 1994, the Government informed the Special Rapporteur that he was killed by three unidentified gunmen and that the case was still under investigation (18 November 1996).

Follow-up

170. The Special Rapporteur sent a follow-up communication to the Government requesting further clarification with regard to the case of Bekele Arega, in particular whether perpetrators had been identified and investigations finalized.

Observations

171. The Special Rapporteur wishes to thank the Government for the replies provided. He would, however, like to note his concern over the alleged deaths in custody brought to his attention. The Special Rapporteur calls on the Government to take all necessary measures to ensure the right to life of all persons detained or imprisoned, in accordance with the Standard Minimum Rules for the Treatment of Prisoners, the Basic Principles for the Treatment of Prisoners and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. [back to the contents]

France

Communications received

172. The Government has replied to allegations transmitted by the Special Rapporteur in 1995 and 1996. In the case of Makomé M'Bowole, a 17-year-old Zairian who died on 6 April 1993 while being interrogated at the Grandes Carričres police station in the eighteenth arrondissement of Paris, the Government reported that the Paris Court of Assize had sentenced Pascal Bompain, police inspector, on 15 February 1996 to eight years' imprisonment for inflicting fatal injuries with use or threatened use of a weapon on the person of Makomé M'Bowole. Relatives had received compensation of 165,000 francs (4 February 1997).

173. With regard to the death of Reza Mazlouman, Iranian opposition publisher, allegedly killed in his apartment in the Paris region on 28 May 1996, the Government informed the Special Rapporteur that an information had been laid before the court against an unknown person for assassination related to a terrorist organization. The inquiry had been placed in the hands of Mr. Jean-Louis Bruguičre, first Vice-President in charge of investigation at the Paris Court of Major Jurisdiction (14 November 1996).

174. The Government has informed the Special Rapporteur that the cases of Romuald Duriez and Mourad Tchier are under investigation. It said the case of Mr. Moret was under investigation with a view to establishing that the action of the gendarmerie had been in compliance with the legal provisions regarding the use of weapons. The French authorities on that occasion rejected the allegation of an extrajudicial, summary or arbitrary execution (6 December 1996).

Follow-up

175. The Special Rapporteur thanked the French Government for its replies and requested further clarifications regarding the death of Mr. Mazlouman, including the results of the investigation, the identification, if any, of those responsible and whether they had been brought to trial. The Special Rapporteur also asked on what grounds the French Government had asserted that in the case of Frank Moret, killed on 25 July 1993 when a gendarmerie officer fired on his car, the action of the gendarmerie had been in compliance with the legal provisions regarding the use of weapons. He therefore requested information from the Government concerning the progress made with the investigation and any disciplinary or penal sanctions applied.

176. With regard to Romuald Duriez and Mourad Tchier, the Special Rapporteur asked for the results of the investigation and whether any disciplinary measures had been taken against the police officers concerned. He also asked whether the parties had received compensation.

Observations

177. The Special Rapporteur wishes to thank the French Government for the information supplied. He welcomes the sentence passed on the person responsible for the death of Makomé M'Bowole and the compensation awarded to his family. He hopes that the facts surrounding the deaths of Frank Moret, Romuald Duriez, Mourad Tchier and Dr. Reza Mazlouman will be brought to light. [back to the contents]

Gambia

Information received and communications sent

178. The Special Rapporteur transmitted an urgent appeal to the Government on behalf of Souleyman Sarr, Mballo Kanteh, Essa Baldeh and Omar Dampha, reportedly sentenced to death on 17 July 1997 by the High Court of Gambia for trying to overthrow the Government, after fears had been expressed that they might be executed before the last day for submission of appeals (17 July 1997).

179. The Special Rapporteur also transmitted the alleged violation of the right to life of Yaya Drammeh, who reportedly died in custody on 25 May 1997 as a result of torture. The Special Rapporteur was informed that he was arrested following an attack by an armed group on the Farafenni military camp, in which six soldiers had died. It was also brought to the Special Rapporteur's attention that government officials had stated that Yaya Drammeh died from septicaemia during a treatment in hospital.

Communications received

180. The Government provided a reply to the case of Yaya Drammeh in which it confirmed that he had died of natural causes, that is of septicaemia complicating a membranous colitis and severe gastro-intestinal haemorrhage. The Government attached, inter alia, the autopsy report and the death certificate (10 October 1997).

Observations

181. The Special Rapporteur notes with regret the imposition of the first sentences of death following its abolition in 1993 and its reinstatement in 1995. [back to the contents]
Georgia

Information received and communications sent

182. In relation to the application of the death penalty, it was brought to the Special Rapporteur's attention that in several cases, including the cases of Irakli Dokvadze, Petre Gelbakhiani and Badri Zarandia, death sentences were passed by the Supreme Court of Georgia acting as a court of first instance with the official verdict said to record that the sentence was final and not subject to appeal.

183. In addition, information was received indicating an alarming number of deaths in detention. According to the reports, during 1995 alone, 122 prisoners had died. It was reportedly said officially that tuberculosis had been one of the main causes of death. Inadequate food, unsanitary conditions and lack of medicines were reported to have aggravated the spread of parasitic infections and disease.

184. The Special Rapporteur transmitted an allegation he had received regarding the violation of the right to life of David Amashukeli, who was reportedly beaten to death on 15 December 1996 by members of the police after they had stopped him and his companion, Viktor Morozov, while driving in Tbilisi and required them to be tested for drug abuse. It had equally been reported that three members of the police were arrested in connection with this incident.

Observations

185. The Special Rapporteur expresses his concern at the number of allegations of deaths in custody and calls upon the Government to safeguard the right to life of detainees and to bring conditions of detention into conformity with the Standard Minimum Rules for the Treatment of Prisoners. [back to the contents]

Germany

Communications received

186. The Special Rapporteur was informed by the Government that the case of Kola Bankole, a Nigerian national who reportedly died on 30 August 1994 in the aircraft which was to return him to Nigeria after being injected with a sedative, is still subjudice (8 November 1996).

Follow-up

187. The Special Rapporteur sent a follow-up communication to the Government of Germany requesting further clarification with regard to the case of Kola Bankole. The Special Rapporteur expressed in particular his interest in the results of the intermediary proceedings against the emergency doctor treating Kola Bankole, as well as of the main proceedings if applicable. The Special Rapporteur also requested to be informed of the reasons for the rejection of the complaint filed by Mr. Babatonde Bankole on 19 November 1995 against the discontinuing of investigation proceedings concerning officers of the Federal Border Guard. [back to the contents]

Guatemala

Information received and communications sent

188. The Special Rapporteur transmitted eight urgent appeals to the Government of Guatemala calling for measures to protect the right to life and physical integrity of the following persons, who had all received death threats from members of the security forces and/or persons connected with those forces, unless specified otherwise:

(a) Members of the community of El Sauce, after the death of one of them caused by security guards acting with the acquiescence of local authorities (5 February 1997);

(b) Gustavo Adolfo Albizures Estrada, Clara Arenas, Helen Mack and other members of the Institute for the Advancement of the Social Sciences in Guatemala (AVANCSO), following death threats (10 March 1997);

(c) Silverio Pérez de León, mayor of Santa Cruz del Quiché and member of the political party New Guatemala Democratic Front (FDNG), following death threats contained in a letter signed by the Jaguar Justiciero death squad, accusing him of supplying food to demobilized members of the Guatemalan National Revolutionary Unit (URNG) (6 May 1997);

(d) Marķa Francisca Ventura Sican and her family, following harassment and intimidation. According to information received, these acts of intimidation are related to the testimony she gave to a delegation of the non-governmental organization Amnesty International, which was visiting Guatemala (12 May 1997);

(e) Alberto Godķnez, member of URNG and local leader of the Peasants' Unity Committee (CUC), after being attacked and beaten by six former members of the now dissolved Volunteer Civil Defence Committees (22 May 1997);

(f) Armando Mejķa and other employees of Industria Harinera S.A., after being intimidated by security guards on behalf of the owners for the purpose of securing their cooperation in restructuring the factory. The Special Rapporteur was informed that the owners' security guards were at the same time employed by the Public Procurator's Office (29 May 1997);

(g) Felipa Aju, Senyada Cana Chanay and Emeterio Gómez, activists in the Mutual Support Group for Getting Our Relatives Back Alive (GAM), after receiving death threats from members of a civil self-defence group. It was reported that these threats were related to their work of documenting cases of violations of human rights while at the Commission for Historical Clarification, established within the framework of the peace agreements in Guatemala (14 August 1997).

189. The Special Rapporteur also transmitted an urgent appeal on behalf of former policemen Miguel Angel Revolorio Rodrķguez, Miguel Angel López Calo and Anķbal Archila Pérez, sentenced to death for the assassination of Luis Pedro Choc Reyna, in February 1995. According to a report, irregularities had occurred in the trial. The identification of the accused had taken place without the presence of counsel and without judicial supervision. It was also reported that they had not been informed of their rights and that they had been arrested without a warrant (25 July 1997).

190. The Special Rapporteur also transmitted complaints concerning violations of the right to life of the following persons:

(a) Killed by army personnel: Tomįs Alonzo Sequén and Jacinto Alonzo Quisque, leaders of the Union of the Mayan People of Guatemala, killed on 21 March 1997 in the community of San Rafael Sumatan, San Pedro Yepocapa, Chimaltenango;

(b) Killed by mobs: the evangelical pastor Erwin de León Soto, killed on 13 November 1996 with three other persons. It is reported that the police of Momostenango, Totonicapan Department, had mistaken them for town bus robbers. According to information received, the four individuals were lynched and burnt by furious mobs;

(c) Minors: Ronald Raśl Ramos, aged 16, killed on 20 September 1996 by a guard in Tecun Uman, San Marcos Department;

(d) Peasants: José Elķas Salazar Lorenzo, and Manuel Cho Caal, killed by shots fired by the mayor of Poptun, Petén, when trying to clear his office of a group of peasants who had gone to the town hall to seek information concerning a donation made by the National Peace Foundation (FONAPAZ) for the construction of a road and a school.

191. He also transmitted to the Government a complaint concerning the death of Francisca Pérez Esteban, whose body was allegedly found on 12 April 1997 at her home in the community of Blanca de Ocos, San Marcos. It was reported that those responsible for her death were landowners acting with the acquiescence of the local military authorities.

Communications received

192. The Government of Guatemala supplied information concerning the death of Miguel Us Mejķa and Lucķa Tui Tum. It reported that the local magistrate's court had initiated proceedings, transferring the case to the District Office of the Public Procurator for the corresponding investigation. After investigation, being unable to bring charges against the suspects, who do not belong to any State security force, the Public Procurator applied to the Second Court of First Instance for Criminal Offences to dismiss the proceedings. The court closed the case (6 November 1996).

193. With regard to the death of Jaime Ernesto Centeno López, it was reported that the proceedings were at the investigation stage. Two individuals have been detained, who are not part of any State security force or body and who belong to a gang operating in the area. The suspects are accused of murder and aggravated robbery, and one of them of improper use of uniforms and badges. Five police officers are also said to be charged with the offences of receiving bribes and concealment, since they had reportedly tried to cover up the offence (11 November 1996).

194. With regard to the death of Pedro Chuc Ruķz, it was reported that pre-trial proceedings were under way and the case was under investigation. According to reports, Pedro Chuc Ruķz was killed by attackers demanding 40,000 quetzales from the family. There are no indications that those responsible for his death were employees of the State (11 November 1996).

195. Further details were also given concerning proceedings in the Xamįn case: on 6 June 1996, the Supreme Court decided to suspend the functions of the Second Court of First Instance for Criminal Offences of Cobįn, Alta Verapaz, which was dealing with the case. On 14 October 1996, the magistrates of the Twelfth Chamber of the Court of Appeal issued a ruling annulling the substitute measures granted to seven members of the military, ordering them to return to prison (11 November 1996).

196. With regard to the urgent appeal sent by the Special Rapporteur on behalf of Gustavo Adolfo Albizures Estrada, Clara Arenas, Helen Mack and other members of the Institute for the Advancement of the Social Sciences (AVANCSO), the Government reported that investigations had started into the case and that the persons concerned had been granted appropriate security measures (10 April 1997).

197. With regard to the urgent appeal sent on behalf of Alberto Godķnez, the Special Rapporteur was informed that the National Police had investigated the incident and that three individuals had been charged and would be brought to trial (16 June 1997).

Observations

198. The Special Rapporteur wishes to thank the Government of Guatemala for its replies. It would urge the Government to conduct full, impartial investigations into complaints of human rights violations, to identify those responsible and bring them to justice, and to provide due compensation for the victims. [back to the contents]

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