Report of the Special Rapporteur on the

CIVIL AND POLITICAL RIGHTS, INCLUDING QUESTIONS OF:
DISAPPEARANCES AND SUMMARY EXECUTIONS

Report of the Special Rapporteur, Ms. Asma Jahangir, submitted
pursuant to Commission on Human Rights resolution 1998/68

1. This addendum to the report on extrajudicial, summary, or arbitrary executions describes 62 country situations and gives an account of actions undertaken by the Special Rapporteur between 3 November 1998 and 15 November 1998. It also contains in summary form the replies received from Governments to her 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 her 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 27 May 1998, 18 September 1998, 8 October 1998, and 23 October 1998, are not mentioned in the report.

4. Communications continued to be received concerning trials resulting in the death penalty that lack the minimum safeguards established by international law. The Special Rapporteur was informed from various sources that in many cases, sitting judges lack sufficient legal training and decide cases within a matter of minutes. Furthermore, sources claimed that there are no provisions ensuring defendants the right to legal counsel and an appropriate judicial appeals process.

5. For an in-depth analysis of the human rights situation in the country, the Special Rapporteur refers to the report submitted by the Special Rapporteur on the situation of human rights in Afghanistan to the Commission on Human Rights at its fifty-fifth session (E/CN.4/1999/40).

6. The Special Rapporteur sent an urgent appeal to the Taliban authorities regarding their takeover of Mazar-I-Sharif and the reported killings resulting thereafter. The appeal was on behalf of hundreds of civilians, mainly from the Hazara ethnic and religious minority, who were reportedly killed in their homes, streets, and detention camps. The communication also addressed the deaths of nine Iranian diplomats who were said to be killed in this military operation as well as the deaths of many Hazara prisoners who reportedly suffocated in metal containers during their transfer to a military base. The Special Rapporteur also pronounced her concern for the lives of Hazara Shias living in Bamyan, another area seized by the Taliban authorities on 13 September 1998 (18 September 1998).

7. The Special Rapporteur is dismayed by the reports received in November about the discovery of mass graves of Taliban fighters in northern Afghanistan. She is further alarmed by the fact that journalists and human rights defenders currently have very limited access to this country and that they are often subject to reprisals for their reporting. She feels that the silence produced by such a situation can only aggravate the impunity being practised by both sides of the current conflict in Afghanistan.

8. The Special Rapporteur transmitted to the Government of Albania a request for an invitation to visit the country so as to better assess the human rights situation and the allegations and reports that continue to be received. Although there were not any individual cases that the Special Rapporteur could act upon because of the insufficiency in information received, she remains concerned at the persistent allegations of extrajudicial, summary, or arbitrary executions (29 September 1998).

9. The Special Rapporteur would like to express her concern about the continued reports that she receives about the continued lawlessness and impunity in this country, which often lead to the violation of the right to life.

10. During the period under review, the Special Rapporteur received several allegations of violations of the right to life in Algeria. Most worrying is the continued reports of massacres of unarmed civilians, including women and children. Although these were allegedly committed by insurgent groups, State security forces reportedly made no effort to stop or prevent their occurrence, even when these forces were said to have been in close proximity to the killings or had knowledge of the situation.

11. During the period under review the Special Rapporteur transmitted the following allegation of violations of the right to life to the Algerian Government regarding massacres of which sources claim the authorities were notified or were located in close proximity to where they were taking place, and which they failed to stop: the killing of at least 200 unidentified individuals allegedly killed by attackers in Benthala (Baraki) on the night of 22/23 September 1997; at least 60 unidentified persons reportedly killed by attackers in Sidi Youssef (Beni Messous) on the night of 5 September 1997; up to 300 people allegedly killed the night of 28 August 1997 in Sidi Rais; and the killings of 412 individuals on the night of 30 December 1997 in Relizane province.

(a) The Government replied to the allegations transmitted by the Special Rapporteur, asking for clarification in the case of the 15 persons reportedly taken from their homes in Ras-El-Oued on 21 July 1994 by military personnel and allegedly killed. The Government stated that hearings for this case were conducted at the S�tif tribunal on 17 June 1997, 22 July 1997, and 17 September 1997. Representatives of the individuals' families were present and several witnesses were heard. The Algerian authorities promised to keep the Special Rapporteur notified of any further developments in this case (18 December 1997);

(b) The Government also responded to the Special Rapporteur's joint request for a visit to Algeria with the Special Rapporteur on the question of torture, stating that owing to previous obligations, the visit would not be possible at the proposed time but that the Government would be willing to discuss such a visit in March 1998 (10 December 1997).

13. The Special Rapporteur remains interested in visiting Algeria, a proposal that was initiated by her predecessor, and hopes that the Algerian Government will be amenable to continuing dialogue with her about such a visit.

14. The Special Rapporteur thanks the Government for its cooperation with her mandate and its replies to her communications. Nevertheless, she remains preoccupied by the impunity with which paramilitary groups appear to act against civilians in the country and suggests that true freedom of the press and the ability of human rights groups to act freely in Algeria might alleviate some of these problems.

15. Allegations have been received by the Special Rapporteur concerning law enforcement personnel who have used physical or other means of duress to obtain confessions in cases where the offence carries a possible death sentence. The Special Rapporteur was also informed that under Armenian Law, the death penalty can be applied for economic crimes.

16. The Government replied to the follow-up inquiries of the Special Rapporteur concerning the case of Rudik Vardanian. The outcomes of the proceedings against the accused police officers were detailed in this communication. The Government informed the Special Rapporteur that two of the police officers, Samvel Jaghinyan and Arthur Atarbeekyan, were convicted on charges of abuse of power and discretion. The third police officer, Rouber Antonyan, had been charged with the same offence and his case was still pending at the time of correspondence. The Government also mentioned that the charges of intentional homicide in aggravated circumstances were dropped because of lack of evidence (5 December 1997).

17. The Special Rapporteur welcomed the President's continued de facto moratorium on executions and parliament's intention to abolish the death penalty through the new Armenian Criminal Code. Both of these acts are viewed as representative of the country's commitment to abolition and the Special Rapporteur is pleased to see the policies of the Government in harmony with the international consensus favouring abolition.

18. The Special Rapporteur received a communication, dated 20 February 1998, from the Government in reply to the allegations sent on behalf of Rovshan Djadavov, Shamardan Djafarov, and Aypara Aliev.

19. Concerning the case of Rovshan Djavadov, the Government described in detail the events leading up to his death including his attempted coup and takeover of the disbanded police unit base. The Government maintained that Mr. Djavadov was shot during a skirmish with government troops and died in an ambulance on the way to the hospital despite the efforts of doctors. An investigation was conducted into the claims that Mr. Djavadov was refused medical treatment which found the allegations to be unsubstantiated. The Government also refuted allegations that criminal charges had been filed against members of Mr. Djavadov's immediate family.

20. Concerning the death of Shamardan Djafarov, the Government insisted that he was wounded by law enforcement personnel during an attempted act of terrorism. It further stated that after undergoing emergency surgery, Mr. Djafarov was admitted to the infirmary with the authorization of his physicians. His condition began to deteriorate and he was transferred to the medical facility of the Ministry of Justice where he was placed in intensive care. It was in this intensive care unit and under the emergency care of doctors that Mr. Djafarov died. Furthermore, all criminal proceedings pending against, Mr. Djafarov had been dropped; it had been determined that the actions of the police officers involved in the shooting did not constitute a crime.

21. Concerning the death of Aypara Aliev, the Government explained that Mr. Aliev was indicted on suspicion of complicity in a crime and was detained. During his detention, the Government maintained that his health deteriorated for which he received medical treatment, despite which his condition worsened. He was then transferred to the medical facility of the Ministry of Justice. After being diagnosed with cirrhosis of the liver, Mr. Aliev remained in intensive care where he was treated by prominent medical specialists for three months. He nevertheless died. The Government refutes allegations that Mr. Aliev died because of a lack of medical treatment. The Government further stated that neither Mr. Aliev's relatives nor his lawyer had filed any complaints regarding the forensic report or the investigation into the matter.

22. The Special Rapporteur thanks the Government for the numerous replies sent during the period under review. She also commends the Government for taking further measures to promote and protect the human rights of its citizens.

23. Two executions were carried out in the Bahamas during 1998. The executions of Trevor Fisher and Richard Woods marked the end of a two-year period in which no executions took place. These death sentences were among only two others that have been carried out in the past 14 years.

24. Two urgent appeals were sent on behalf of Trevor Fisher, who was sentenced to death for murder in 1994. The first was transmitted after the Special Rapporteur became aware that the execution was scheduled to take place despite his pending appeal with the Inter-American Commission on Human Rights (1 April 1998).

25. The second appeal was sent one day before Mr. Fisher's scheduled execution. At that time, the Inter-American Commission on Human Rights was still considering his petition. Despite the pending appeal and the requests of the Special Rapporteur, Trevor Fisher was executed on 15 October 1998 (14 October 1998).

26. The Government replied to the urgent appeals sent by the Special Rapporteur on behalf of Trevor Fisher. The communication stated that Mr. Fisher had been afforded every procedural and substantive due process right as guaranteed under the Constitution and laws of the Bahamas. The Government also detailed the numerous appeals filed by Mr. Fisher and the subsequent dismissals he received from each judicial body. Concerning his pending petition with the Inter-American Commission on Human Rights, the Government explained that numerous requests to deal with the matter were made to the Commission. The Government pointed to the case of Earl Pratt and Another v. The Attorney General of Jamaica and maintained that only a reasonable period should be accorded to the Inter-American Commission to decide particular cases. The Government maintained that Trevor Fisher was afforded this and all other legal opportunities to air his grievances (17 June 1998).

27. The Special Rapporteur was concerned to see further executions taking place in the Bahamas during 1998. The Special Rapporteur remains concerned at the mandatory death sentences for murder convictions and sees this as contradictory to the international trend towards abolition of the death penalty.

Bahrain

28. The Special Rapporteur continued to receive reports of extrajudicial, summary or arbitrary executions resulting from the excessive use of force by the security forces. The majority of these allegations concerned instances of protest, demonstration and religious gatherings. Communications claiming that poor sanitation facilities and the denial of proper medical care within the prison system had led to deaths were also received during the period under review.

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

(a) Nooh Khalil Al-Nooh, reportedly arrested on 19 July 1998 in Manama. His body, allegedly bearing marks of torture, was delivered to his family by the Ministry of the Interior two days later;

(b) Abd Ali Jasim Isa Yousif, a prisoner who died on 8 August 1998 after reportedly contracting hepatitis while incarcerated and being denied adequate medical care during his imprisonment;

(c) Mohammed Al-Sayyah, who reportedly died on 30 September 1998 because of injuries inflicted by a member of the police force.

30. The Government of Bahrain provided replies to several communications sent by the Special Rapporteur in 1997. Concerning the case of Bashir Abdulla Ahmed Fadhel, who was allegedly beaten to death by members of the security forces, the Government provided autopsy reports and a death certificate that identified the cause of death as an overdose of morphine (17 November 1997).

31. In its reply to the case of Abdul Zara Ebrahim Abdullah Ebrahim, who reportedly died from a severe beating inflicted by security forces, a death certificate explaining the cause of death as sickle-cell anaemia was provided (17 November 1997).

32. The Government also provided an autopsy report and death certificate for Ali Mirza Al Nakkas categorically refuting all allegations by the source. The information from the Government suggests that he died from a long asthma-related illness, was under close medical supervision, was allowed family visits, and was buried by his family the day after he died (17 November 1997).

33. The Special Rapporteur also received a report from the Government entitled "Bahrain's Commitment to the Cause of Human Rights". The report details the steps taken to ensure human rights for Bahraini citizenry as well as the alleged plot by foreign-backed terrorists to destabilize the country. The Government also sent a letter to the Special Rapporteur that described an attempt by an anti-governmental group to distribute false propaganda via a press report (5 May 1998).

34. In a letter dated 29 September 1998, the Special Rapporteur requested an invitation to visit the country in order to better evaluate the situation and make an independent assessment of the reports and allegations received. Such a visit would allow for the formulation of pertinent recommendations with the objective of strengthening the protection of the right to life, if appropriate.

35. The Special Rapporteur would like to thank the Government for its cooperation in sending detailed replies to the allegations. She would like to reiterate her interest in visiting the country and looks forward to cooperating with the Government in the future.

36. According to information received by the Special Rapporteur, at least 55 prisoners are currently on death row in Belarus. Reports claim that at least 13 people have been sentenced to death in 1998 after all were convicted of premeditated murder. It has been asserted that in 1997, 30 executions were carried out and 55 death sentences were handed down. Furthermore, reports assert that all 38 people who were sentenced to death in 1996 were executed.

37. The Special Rapporteur submitted an individual allegation on 18 September 1998 on behalf of a man named Karma, who was arrested for his supposed anti-national sentiments. He was allegedly shot soon after by the arresting police officer in Mongar.

38. The Government replied to the Special Rapporteur's inquiries into the case of Karma. In its communication, the Government explained the details leading up to the district administrator's accidental shooting of Karma. The Home Minister sent an investigation team from Royal Bhutan Police headquarters and from the Home Ministry to inquire into the case and question the witnesses. The team determined that the death was accidental and the case has now been forwarded to the Royal Court of Justice, High Court. Meanwhile, the district administrator has been relieved of his duties (28 October 1998).

39. The Special Rapporteur would like to thank the Government for its swift and thorough reply. She would also like to commend the Bhutanese authorities for implementing and following through with effective practices that prevent the violation of the right to life.

40. The Special Rapporteur was informed that during the past two years, the average number of deaths resulting from police action has doubled. Sources attribute this to the reported policies of the state government such as rewarding police financially for shooting or wounding criminal suspects. The deaths have also been blamed on the Government's failure to deal with human rights violations. Furthermore, reports have continued to be received concerning the extrajudicial, summary or arbitrary execution of human rights defenders in the country, street children and persons held in detention.

41. The Special Rapporteur transmitted two urgent appeals to the Government on behalf of the following persons:

(a) Vagner Marcos da Silva, members of his family, and other witnesses who were planning to testify against the police from the Second Battalion for reportedly planting drug paraphernalia and a gun on Mr. da Silva after they had shot him twice. It was further claimed that Mr. da Silva was denied appropriate medical treatment in the prison hospital where he was detained (23 January 1998);

(b) Cecilia Coimbra and other members of the Grupo Tortura Nunca Mais (GTNM) who reportedly received numerous death threats and other forms of intimidation following their public statements about two generals who were said to have committed numerous human rights violations. These public denunciations followed the President's promotion of the two generals. The police reportedly refused to offer the members of GTNM protection (27 April 1998).

42. The Special Rapporteur also sent individual allegations to the Government regarding violations to the right to life on behalf of individuals. These included Francisco de Assis Araujo, a human rights activist for the indigenous population reportedly shot dead on 20 May 1998 because of his vocal defence of the land rights of native Xucuru, and Onalicio Araujo Barros and Valentin Serra, leaders of the Movement of Landless Rural Workers who were reportedly killed on 26 March 1998 during negotiations concerning the occupation of land by 500 families.

43. The Government transmitted many replies to the Special Rapporteur's communications. In response to the urgent action sent on 27 April 1998 calling for the protection of Cecilia Coimbra and other members of the Grupo Tortura Nunca Mais, the Government explained that the Rio de Janeiro Secretary for Public Security had determined that a stronger police presence was needed in the area near the GTNM office. Mrs. Coimbra was advised to report to the police all information relevant to the death threats. The Government stated that all relevant information pertaining to this matter would be submitted to the Special Rapporteur (23 July 1998).

44. In response to the allegations concerning the case of Vagner Marcos da Silva, the Government stated that he was one of the drug traffickers involved in an intense exchange of gunfire with the police and was injured at that time. Investigations into the matter by the Public Security Secretary and the Public Prosecution Service of the State of Rio de Janeiro disproved the claims of arbitrary action by the police and Mr. da Silva's innocence. The First Criminal Court indicted Mr. da Silva on charges of drug trafficking, criminal association and attempted homicide and his trial is now pending (12 October 1998).

45. Concerning the case of Onalicio Araujo Barros and Valentin Serra, the Government informed the Special Rapporteur that the Parauapebas city prosecutor had investigated the matter and indicted 25 individuals, including two police officers and two military policemen, on charges of qualified homicide. Furthermore, the Government stated that in the case of Francisco de Assis Araujo, the National Foundation for the Indians had appointed one of its technical experts to follow the investigation and hearing of witnesses. A lawyer nominated by the Foundation will closely follow the case as soon as the legal proceedings begin in the courts (12 October 1998).

46. The Special Rapporteur commends the Government's efforts to improve the human rights situation in the country through the establishment of the National Human Rights Programme and the National Human Rights Secretariat within the Ministry of Justice. She also appreciates the thorough and timely replies that have been received during the period under review. She calls on the Government to continue acting on its commitment to ensuring the human rights of its citizens by instituting the necessary structural reform within the governmental bodies that continue to allow impunity for violations. Such impunity remains the primary cause for the continued extrajudicial executions carried out by police personnel.

Bulgaria

47. The Special Rapporteur transmitted an allegation regarding the violation of the right to life on 27 May 1998 on behalf of Petar Robert Karandzha, who was shot and killed while attempting to escape from a detention facility. The actions taken by the police were reportedly disproportionate and unnecessary under the circumstances.

48. The Government replied to the follow-up inquiries of the Special Rapporteur concerning the case of Kostadin Timchev. The reply explained that the recent amendments to the Penal Code of Procedure gave the Regional Military Prosecutor's Office the responsibility of conducting investigations against police officers. The preliminary inquiry in the case had been completed, the defendants brought to court and the case is pending. Defendants Markov, Todorov, Stoytchev, Hristov and Dimitrovgrad had all been indicted under various charges in connection with the case (26 February 1998).

49. The Government also responded to the allegations sent on behalf of Petar Robert Karandzha. It stated that after Petar Robert Karandzha pushed the security guard and escaped from the building, the police officer followed him and repeatedly ordered him to stop. When these orders were not obeyed, the officer fired a warning shot into the air and warned that he was going to use his gun. The officer then fired two more warning shots into the air and when Petar Robert Karandzha failed to stop, the officer fired at him in accordance with article 80, paragraph 1, item 5, of the Act of the Ministry of Interior. Mr. Karandzha was immediately taken to an emergency medical institute but died despite the doctors' efforts. During the investigation into the matter, the officer was suspended from work and his gun was taken away. Investigations into the matter by the police and the Military Prosecutor's Office both found that no crime had been committed by the officer (30 October 1998).

50. The Government's prompt replies to the allegations were welcomed and viewed as indicative of its commitment to cooperate with the Special Rapporteur in carrying out her mandate.

51. The Special Rapporteur transmitted an urgent appeal jointly with the Special Rapporteur on the situation of human rights in Burundi on behalf of Corneille Karikurubu, Liberat Ntandikiye, Jean Berchmans Ngendakimana, Joseph Nteziriba, Jackson Hatungimana, Avite Minani, Alphonse Nsabimana, Placide Uwimana, Jean Bosco Ndikumana, Karuyi Province, and Anaclet Mukanara, allegedly sentenced to the death penalty by the Court of Cassation for having participated in the massacres of Tutsis that took place after the assassination of Mr. Melchior Ndadaye. It is reported that the trials of these individuals did not meet the international standards for fair trials. Also addressed in this communication was the case of Mr. Gaetan Bwanpaye, allegedly sentenced to death without the benefit of a lawyer for his trial, nor the ability to postpone the trial until one could be obtained. In addition, it is reported that the subject's witnesses were intimidated and his house was ransacked (23 December 1997).

52. The Special Rapporteur regrets that no replies to communications to the Government of Burundi have been received for several years.

53. It has been brought to the attention of the Special Rapporteur that during the 1990s, reported executions in China outnumber the aggregate total of reported executions from the rest of the world combined. More than 3,152 people were allegedly sentenced to death in 1997 with 1,876 people reportedly being executed. While this number represents a decrease from 1996, it is consistent with the figures for the previous three years.

54. The Special Rapporteur continued to receive reports in which the death penalty was handed down for non-violent crimes such as fraud, forgery, and drug-related and economic-related offences. According to the information received, 662 persons reportedly received death penalty and 437 executions for drug-related crimes were carried out. Information continues to be received concerning trials resulting in the death penalty that do not meet international standards and safeguards. This includes reports that executions have been carried out within one week of arrest.

55. The Special Rapporteur transmitted allegations regarding violations to the right to life on behalf of a Tibetan monk named Yeshe Samten, who allegedly died on 12 May 1998 as a result of torture inflicted upon him by prison officials at Trisam prison. He was reportedly arrested for protesting a governmental ban on the display of pictures of the Dalai Lama.

56. In a communication dated 21 January 1998, the Government of China responded to numerous inquiries into individual allegations sent by the Special Rapporteur on 1 September 1996. These included the following:

(a) Regarding the case of Sangye Tenphel, a 19-year-old monk who allegedly died as a result of beatings by prison guards, the Government asserted that tubercular meningitis was the cause of death, despite the efforts of hospital personnel;

(b) Concerning the case of Tian Zhijia, Tian Zhiquan, and Zhao Lian, three men executed for allegedly robbing a van full of banknotes, the Government confirmed the arrests and convictions and quoted article 150, paragraph 2, of the Penal Code as the appropriate legal remedy;

(c) In the case of Bulu Xuao, Ulu Xian, Cao Jian, and Yan Jiao, four men accused and convicted of killing rare animals under the protection of the Government and smuggling ivory, the Government confirmed the convictions and death sentences that were issued by the Xishuangbanna Autonomous Prefecture People's Court;

(d) Regarding the case of Kelsang Thutop, a Tibetan monk who was alleged to have died in Drapchi prison as a result of malnutrition and inadequate medical treatment, the Government confirmed reports that he was arrested for fomenting separatism, illicit border crossing and espionage. While serving out his 18-year sentence, he died after contracting cerebral tuberculosis and efforts by the hospital to save him were unsuccessful;

(e) The Government refuted allegations sent concerning 270 drug offenders who were reportedly executed on 30 June 1995 after a mass sentencing rally in Urumqi city. According to sources, Li Buchao, Li Fuhai, Si Junchao, Feng Zhihe, Ma Zhiren, Luo Chengcai, Li Zhidong, Yang Wenun, Ma Zhengfu, Jin Baoyu, Song Wen were all executed with 259 other unidentified convicted drug offenders. The Government admitted that Li Bochao, Li Fuhai, Si Junchao, Ma Zhiren and Feng Zhihe were executed on 30 June 1995 after being convicted of drug peddling. Their cases had been heard by the court in accordance with the procedures laid down in the Code of Criminal Procedure. No others were executed at that time, but 23 judgements concerning individual drug peddlers were pronounced on 30 June 1995 by the court in a total of eight cases. Four of these resulted in death sentences handed down to Luo Chengcai, Yang Wenun, Li Zhidong, and Ma Zhengfu. Death sentences with a two-year stay of execution were given to Song Wen and Jin Baoyu. The remaining 17 defendants were given sentences ranging from six years to life imprisonment;

(f) The Government also provided a reply to the case of Lin Huixiong, Lin Yiukuan, Qui Guibiao, Lin Yi, Mo Quianguang, Mo Qianzuo, all convicted of speculation and profiteering under articles 118 and 134 of the Penal Code. It was confirmed that all six were given the death penalty. In the case of Huang Quiangqiu, he was convicted of taking bribes and the death sentence was also handed down in his case;

(g) he Government further refuted allegations in the case of Wang Jianye. According to sources, he was charged with taking advantage of his post and accepting bribes, at which point he fled to Thailand. His extradition was reportedly preceded by a promise from Chinese officials that, if convicted, he would not be given the death penalty. Confirming that Wang Jianye was prosecuted and given the death penalty for accepting bribes, embezzlement, corruption, bigamy and illegally crossing the border, the Government denied that promises had been made in exchange for his extradition (21 January 1998).

57. The Special Rapporteur would like to thank the Government for its prompt and thorough replies. The Special Rapporteur welcomes the efforts by China to improve on its human rights record and meet the standards established by international law by signing the International Covenant on Civil and Political Rights and revising the Criminal Procedure Law in 1997. The Special Rapporteur was also pleased to note that the revisions to the Criminal Code will serve to better protect the rights of defendants in criminal cases. However, the Special Rapporteur continues to be concerned at the great extent to which the country applies the death penalty and regrets that the revisions to the Criminal Procedure Code fail to decrease the number of capital offences.

58. The Special Rapporteur continued to receive great numbers of allegations of the violation of the right to life during the period under review in Colombia. The majority of these allegations regarded human rights violations by paramilitary groups, indicating that despite the stated intentions of the Government, the situation has not changed significantly since the last report. Reports continue to claim that civilian populations are those most targeted by both sides of the ongoing civil conflict.

59. The Special Rapporteur transmitted eight 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:

(i) On behalf of all human rights activists in the country, following the alleged murder of Dr. Eduardo Umana Mendoza, a well-known human rights lawyer. He was reportedly killed in Bogota on 18 April 1998 by two unidentified men and a woman, supposedly connected to paramilitary groups (23 April 1998);

(ii) Mar�a Eugenia Cardenas, her family, and other members of the Asociacion de Familiares de Detenidos y Desaparecidos (ASFADDES) in the department of Caldas, after the alleged killing of Jos� Mar�a Cardenas. He was the cousin of Mar�a Eugenia Cardenas and was reportedly killed on 3 December 1997 in the town of Riosucio by two armed men in military uniforms. Souces assert that in the past, members of the Cardenas family had been the victims of human rights violations, a fact which appears to be linked to Mrs. Cardenas's position as the director of ASFADDES in Riosucio (10 December 1997);

(b) Indigenous populations: Florentino Domico, Teofan Domico, Delio Domico Jarupia, Luis Carlos Domico, and Juan de Dios Domico Jarupia, indigenous community leaders in the area of Kiraparado, Rio Sinu, Resguardo Karagabi. Allegedly, paramilitary troops entered the town looking for these individuals and threatened to kill them after reportedly killing another community leader, Alonso Domico Jarupia (16 September 1998);

(i) A group of 70 displaced families, now residing in Rancho La Miel, Tolima department, and supposedly threatened with an attack by members of the paramilitary for allegedly cooperating with guerilla groups operating in the area. Sources assert that these families were forced to vacate their residences in Rancho Bellacruz, Cesar department, in 1996 following threats by paramilitary groups. The Special Rapporteur was also concerned for the safety of local human rights organizations working with these families (25 May 1998);

(ii) The residents of Paratebueno, Medina municipality, department of Cundinamarca, who reportedly received threats of an attack by members of the paramilitary group known as Autodefensas Unidas de Colombia (AUC) (19 May 1998);

(iii) Jes�s Emilio Tuberqu�a, Emilio Antonio Tuberqu�a (aged 16), Jes�s Arnulfo Tuberqu�a (aged 14), Joaqu�n Graciano, as well as residents of the community of San Jos� de Apartado, Apartado municipality, Antioquia department, who allegedly were threatened with death by heavily armed men, dressed in paramilitary uniform, for supposedly aiding guerilla groups operating in the area. According to sources, 30 members of this community have been killed by members of the paramilitary since March 1997 (25 February 1998);

(i) Carlos Vera Correa, Marleny Taborda, and Arcadyo Ferney Bol�var, as well as residents of the city of Carmen de Atrato, Choco department, who reportedly received death threats after witnessing the killings of fellow-residents Ruben Dario Maya, Jhon Fredy �lvarez Valderrama, Jaime Ram�rez Palacio, and Gildardo Taborda, all killed in December 1997 and January 1998 by members of the paramilitary. Allegedly, the residents of Carmen de Atrato were told by paramilitary personnel that they were preparing 70 new graves in the local cemetery because they were getting ready to carry out a "social cleansing" operation in the area. Additionally, it was reported that several residents were told they would be killed if they did not leave the area (26 January 1998);

(ii) Alfonso Mora Le�n, Dolores Moncaleano de Mora, and Clara Ines G�mez, allegedly threatened with death after the start of criminal investigations into the deaths of their children, who supposedly died at the hands of police officials after being detained and tortured in Bogota in 1996. Sources reported that Alfonso Mora Le�n and Dolores Moncaleano de Mora were originally receiving protection from the witness protection programme, but later had to leave Bogota in 1997 after being told that they would be killed if they testified against the parties charged with these killings (29 September 1998).

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

(i) Minors: Alfa Delia Higuita Tuberqu�a, 14 years old, and Luz Helena Valle Ortiz, 17 years old, killed on 7 June 1997 near Vereda Arenas Altas, San Jos� Apartado, while travelling home. Both girls are said to have been shot after being led to a secluded area of the woods; it was later said they were guerrilla fighters killed in combat. Alfa Delia Higuita Tuberqu�a was three months pregnant. In a separate incident, Angie Carolina (age 5) was reportedly killed on 4 May 1998 during an attack on Puerto Alvira, Mapirip�n;

(ii) Human rights defenders: Luis Alberto Munera, Carlos Rojo Uribe, Rosa Mej�a, Ofelia Rivera, Jairo P�rez, and Alberto Silva, reportedly killed on 1 August 1997 in Remedios along with two other unidentified individuals. Five of these individuals were supposedly shot while Luis Alberto Munera, a member of the North-East Antioquia Committee for Human Rights, and Carlos Rojo Uribe, former mayor of Remedios, were taken to the outskirts of Marmajito district, Segovia municipality, where they were tortured and killed;

(iii) Community leaders: Joaquin Correa, Hernando de Jes�s Arenas and Baudilio V�lez reportedly killed on 17 August 1997 in Granja Villa Rocio; Rosmira Gallego, teacher and member of the teachers' association of Antioquia, along with four other unidentified individuals on 23 March 1998 in El Jordan, San Carlos; Carlos Enrique Casta�eda, President of the Community Action Group of the Santa Marta neighbourhood and President of the National Association of Small Businessmen, killed 31 March 1997 near Segovia after allegedly having his life threatened; Leonardo Tibaqu�ra, 18 years old, supervisor of the Inai-Sue Cooperative in Tenjo, Cundinarmarca department, killed on 15 November 1997 during a reported attack on the cooperative during which all of the members of the cooperative were ordered to abandon their homes;

(iv) Others: Hern�n Fabi�n C�ellar, Jorge S�arez, Alejandro S�nez, Carlos Bernal, Pedro Julio Rico, Wilson Bernal, and Jorge Peladura, reportedly killed along with 10 unidentified individuals in Puerto Alvira, Mapirip�n, during an attack on their village; Frieleth Var�n, a nurse, allegedly killed on 3 May 1998 in Dagua, Valle, by abductors who supposedly asked her to come and take care of a sick person; Gilberto Ram�rez Giraldo and Miguel Ram�rez Giraldo, reportedly killed on 10 April 1997 in Altas Arenas, Apartado; Jos� Antonio Graciano and Jairo Graciano, allegedly killed on 13 April 1997 in Apartado after being abducted from the bus station and tortured; Ruben Dario Maya, reportedly killed on 5 December 1997, Jhon Fredy �lvarez Valderrama, allegedly killed on 30 December 1997, Jaime Ram�rez Palacio, reportedly killed on 1 January 1998, and Gildardo Taborda, allegedly killed on 3 January 1998 in the town of Carmen de Atrato, Choco; Edilberto Areiza, Ricaurte Monroy, Luis Albeiro Avendano, Ananias Guisao, Florentino Guisao, Milton David, �ngel Montoya, Oscar Valderrama, Alfonso Valderrama, and Herminio Palomeque Mosquera, reportedly killed between 22 November and 1 December 1997 in Dabeiba; Casimiro Soto Ardila and Amoar Bello Mart�nez, allegedly killed 2 March 1998 in Pueblito Mej�a;

(i) Minors: Diomar Ortiz, 16 years old, reportedly killed on 11 November 1997 near P�vez. Sources say his body was later presented as that of a guerrilla fighter killed in combat;

(ii) Indigenous peoples: Bernabela Riondo Pachecho and Santiago Palo, members of the Zenu community of Bajo Grande in San Andr�s de Sotavento, reportedly killed after being abducted on 2 November 1997. Their bodies were later found in the indigenous community of Achiote, Sanpues municipality, C�rdoba;

(iii) Others: Jos� del Rosario and Jos� Salvador Ortiz, reportedly killed on 11 November 1997 near P�vez; Rodrigo Castro Murillo, reportedly killed on 28 October 1997 near Confinas; Gilma Rosa Duarte, Juan Canas, and Clara, allegedly killed on 17 June 1997 in Los Mandarinos, Riogrande; Dario G�ez, reportedly killed on 9 May 1998 in Arenas Altas;

(i) Human rights defender: Jes�s Mar�a Valle Jaramillo, President of the Antioquia Permanent Committee for the Protection of Human Rights, reportedly killed on 27 February 1998 in Medell�n when four men entered his office and shot him. Sources asserted that he had previously been threatened with death for his human rights activities, particularly the denunciation of massacres committed by members of the paramilitary;

(ii) Politician: Hugo Luis Salcedo Garc�a, mayoral candidate in Ovejas, reportedly killed on 31 August 1997 on his way home from a political function in Almagra.

61. During the period under review, the Special Rapporteur received numerous communications from the Colombian Government regarding previous communications sent (1 and 29 October 1997; 4, 5 and 18 November 1997; 30 January 1998; 10 and 23 February 1998; 19 and 27 March 1998; 16 and 21 April 1998; 8 and 19 May 1998; 3, 9 and 16 June 1998; 7 and 14 July 1998; 5 August 1998; and 16 September 1998). These are summarized below:

(a) 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 Special Rapporteur: Heli G�mez Osorio; Wilson Patino Agudelo; Doris Torres, �lvaro P�rez, Jos� Esteban Dom�nguez, Ender Dom�nguez and Nicolas Arrieta; Juan Carlos Herrera Pregonero, Fabian Mauricio G�mez and Andres David Escobar; Jos� Estanislao Amaya Paez; Jos� David; Elias Zapata, Eliodoro Zapata, Alberto Valle, F�lix Antonio Valle and Carlos Torres; Cipriano Garc�a; C�sar Tulio D�az Blanquicet, Jorge Caceres Villegas and Daniel Hoyos; Ruben Antonio Villa, Antonio Villa, Miguel Haya (or Miguel Layos Casta�eda) and Guillermo Serna; Wilson Simanca Acosta, Jairo Jaramillo Zapata, Robinson Acevedo Chamorro and Wilson Garc�a Carrascal; Leonardo Panesso and Bernardo Panesso; C�sar P�rez; Narzareno de Jes�s Rivera; Alfonso Callejas Robles; Vladimir Zambrano Pinz�n, Jenner Alfonso Mora Moncaleano, Juan Carlos Palacios G�mez and Arquimedes Moreno Moreno; Jorge Conde; Fidel Suesc�n, Jos� Pitalua, Perica and Ediberto Jim�nez; Medardo Ducuara Leyton; Carlos Andr�s Guti�rrez, Guillermo Taborda, Mauricio Valencia Acevedo, Salvador Hern�ndez Holgu�n, Ricardo Arredondo Montoya, Carlos Alberto Osorio Valdez, Jes�s Daniel Querub�n, Baltazar Mu��z Restrepo, Reynal Antonio Galeano Vel�squez and Giraldo Olarte; Bel�n Torres and Raul Emilio Ramos; Jorge Eliecer Mar�n Trujillo; Enrique Bend�a and Ricardo Gonz�lez; Ronald Valencia, Sinia Blanco, Francisco Catumare, Jos� Ronald Valencia, Hern�n Gallego, Omar Patino Vaca and Eliecer Mart�nez Vaca; Alfonso Manuel Mendozy Barrios; Diego Le�n Yarce, Martha V�lez and Suhey Montoya; Juan Coronel; Johnt de Jes�s Bayona; Jairo Beller Buitrago and Abimelet Parra; Samuel Berreto Rocha, Israel Herrera Diaz, Jorge Herrera Romero, and Jorge Barreto Herrera; Dario Covas Contreras, Diomedes Zapata, Rebeca Villareal and Baldomero Vergara; Laurentino Avendano and Ferney Delgado; Reinal Valencia and Gelmer Porras; Antonio Angarita and Carmen �ngel Clavijo; Everto Antonio Herrera and Juan L�pez; Gilberto Jos� M�rquez Murillo and Argemiro Manuel Padilla Ben�tez; Luis Enrique Salgado, Emiro Tovar, Everto Tovar, Ovidio Castillo, Daniel Salgado, Feder Rivera and Denny Ruiz; Jes�s Eudoro Orjuela Trujillo; Jos� Mar�a Cardenas; Alfonso Bonilla; Gilberto Arvelaez Jim�nez; Fray Jes�s Martiney, Fray Bernardo Villegas and Fray Diego Fernando Garc�a; Argemiro Padilla Banirey and Gilberto Marqiey Murillo; Javier Alberto Barriga Vergel; Ram�n Villegas and Luis Alfonso Ascanio; Bertina Calderon, Domingo Tovar Arrieta, Daniel Rico, Luis Eduardo Galindo, Sady Manosalva, C�sar Mart�nez, Luis Fernando Escobar, Germ�n Roncancio and Aida Abella; Hernando Cuadros, Dario Lotero, Luis Hern�ndez and S�nchez; Guillardo Franco; Eduardo Umana Mendoza and Jes�s Mar�a Valle Jaramillo; Carlos Mario Calder�n, Elsa Constanza Alvarado and Carlos Alvarado Pantoja; Jaime Laguna and Edinson Donado; Nelson Fernando Lombana; Jos� Miller Chac�n, Henry Mill�n and Manuel Cepeda Vargas; Frieleht Var�n; Hern�n Fabian C�ellar, Jorge Suarez, Alejandro Sanez, Carlos Bernal, Pedro Julio Rico, Wilson Bernal, Jorge Peladura and Angie Carolina; Miguel Ram�rez Giraldo; Jos� Antonio Graciano and Jairo Graciano; Ruben Dario Maya, Jhon Fredy �lvarez Valderrama, Jaime Ram�rez Palacio and Gildardo Taborda; the population of Paratebueno; Hugo Roberto Mart�nez D�az, Salvador Le�n Amaya and Pablo Emilio Pena Amaya; Manuel Herrera Sierra; Bernabela Pacheco and Santiago Polo Guevara; Luis Alberto Munera, Carlos Rojo Uribe, Rosa Mej�a, Ofelia Rivera, Jairo de Jes�s P�rez and Alberto Silva; Rodrigo Castro Murillo; and Carlos Enrique Casta�eda;

(b) In a document entitled "Polit�cas Generales del Gobierno de Colombia en Materia de Lucha Contra los Grupos de 'Justicia Privada' y Atenc�on a Desplazados por la Violencia", the Government affirmed its commitment to end the violence, human rights violations and impunity enjoyed by "private justice" groups, also known as paramilitary forces, as well as its intention to aid its displaced populations. The document states that while the paramilitary groups have brought some order to Colombia, their existence and methods are not approved by the Government. Some of the initiatives taken which reflect this position are: the creation in 1994 of a National Board for Human Rights, partially with the aim of acting as a judicial instrument against "paramilitarism", the offering of an award for the capture of Carlos Castano, head of the paramilitary group known as the Peasants' Self-Defence Group of C�rdoba and Urab�, and the appointment by the President of two experts to make contact with these groups and consult with them on a possible peace process. The Government further asserts that it has taken steps to curb human rights violations in Colombia through its recognition of the problem of the internal displacement of large numbers of its own population, owing to guerrilla, paramilitary and military conflict. The majority of the displaced persons are women and under the age of 25. The Government cites several existing programmes to aid these people achieve voluntary return, and recognizes that these groups are especially vulnerable to human rights violations (4 November 1997);

(c) Regarding the case transmitted by the Special Rapporteur in 1996 and 1997 of the families of Rancho Bellacruz, Cesar department, who were attacked by paramilitary groups and forced to relocate, the Colombian Government sent two communications detailing the governmental aid and State protection which those families have been receiving under the supervision of the National Board for Human Rights. The communication stated that although many of the families remain in temporary facilities, under police and military protection, it is the Government's goal to resettle them voluntarily in their home area soon (21 April 1998 and 9 June 1998);

(d) In response to suggestions made by the Special Rapporteurs on extrajudicial, summary or arbitrary executions and the question of torture during their 1994 visit, the Government submitted a document in which they detail the steps that it is taking to ensure an independent judiciary; exclude military courts from the jurisdiction of the offences of enforced disappearances, torture or executions; curb impunity; discourage the existence of paramilitary groups; and protect the rights of particularly vulnerable groups. The groups which the Government highlights in its report are human rights defenders, women, minors, Afro-Colombian and indigenous populations, and displaced persons. The document additionally addresses the problems of protection for former partisans who have laid down their arms and witnesses, especially in cases brought against drug traffickers and the military. The issue of "social cleansing" is also addressed in the context of how this practice affects street children (3 June 1998).

62. The Special Rapporteur is grateful to the Government of Colombia for its numerous replies to her communications and regrets that a lack of resources makes thorough follow-up to all of the communications impossible. It is dismaying for the Special Rapporteur to note the extent of impunity enjoyed by military and paramilitary groups in the country. Drug-trafficking groups also add significantly to a culture of violence and impunity. The military court system, as well as the ongoing practice of using anonymous witnesses, only exacerbates these problems. The special vulnerability of human rights defenders in the country is alarming, as are the situations concerning internally displaced populations and indigenous groups.

63. Nevertheless, it is clear that the Colombian Government is demonstrating a will to cooperate with her mandate, despite the domestic difficulties it faces. This cooperation is signalled by the United Nations presence in the country, Colombia's replies to allegations, and the visit of the High Commissioner for Human Rights in October of 1998. In this spirit of cooperation, the Special Rapporteur urges the Government of Colombia to formulate a cohesive human rights policy and support system, with an eye to ending the impunity currently enjoyed by military and paramilitary groups. She further encourages peace talks between all factions in the current conflict in the country and urges that these parties have a voice in developing the human rights policy.

64. The Special Rapporteur transmitted one urgent appeal jointly with the Special Rapporteur on the independence of judges and lawyers to the Government of Costa Rica.

65. On behalf of Delia Revoredo, a judge and member of the Constitutional Court of Peru, her husband, Jaime Mur, and their children, allegedly threatened with death after Mrs. Revoredo had ruled that it would be unconstitutional for Peruvian President Alberto Fujimori to run for a third term of office. Mrs. Revoredo and her husband reportedly were given political asylum in Costa Rica while the children remained in Peru (1 May 1998).

66. Numerous reports continue to be received about violations of the right to life in the Democratic Republic of the Congo, most of them concerning the alleged killing of Rwandan refugees by the country's security forces. Moreover, over 50 people have reportedly been condemned to death during the past year in military court trials that allegedly did not meet the international standards for judicial proceedings. Additionally, persons attempting to aid the refugees or report human rights abuses are often targeted for killing. It is alleged that the majority of the population does not have access to the courts, nor to reliable news information. The security forces and the police, therefore, are able to act with full impunity in the realm of human rights abuses.

67. The human rights situation in the Democratic Republic of the Congo is analysed in full detail by the Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo, Mr. Roberto Garret�n, in his most recent report to the Commission on Human Rights (E/CN.4/1999/31). This topic is also addressed in the report of the Secretary General's investigative team (S/1998/581, annex), which visited the country between August 1997 and April 1998.

68. The Special Rapporteur transmitted an urgent appeal jointly with the Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo concerning two soldiers, one civilian, and a pregnant woman accused of armed robbery and sentenced to death by a military court. The three men were executed immediately, but the pregnant woman was reportedly awaiting her execution on death row. Also addressed in this urgent appeal was the case of a prisoner accused of aiding the Mai Mai and of armed attacks, and sentenced to death and executed by the military court in Bukavu on 7 January 1998. Finally, the case of two soldiers, Jean Claude Muriri and Muhanzi Shombo, accused of violating military regulations and attempted murder and also sentenced to death, was addressed in this communication (27 January 1998).

69. Another joint urgent appeal was transmitted by the Special Rapporteur in collaboration with the Special Rapporteur on the situation of human rights in the Democratic Republic of the Congo on behalf of six persons, including Matabaro, Ngonga, Musema Gatabzi and Mungonderwa, allegedly sentenced to the death penalty for armed robbery. This urgent appeal also addressed the case of three members of the security forces, including Kale Muhoza, allegedly convicted of rebellion and sentenced to death (1 May 1998).

70. The Special Rapporteur also transmitted the following allegations to the Government of the Democratic Republic of the Congo:

(a) Regarding the killing by military forces of Rwandese refugees or those attempting to aid them: 154 people, including Wandjo, Camile, and Cleophace (dignitaries of the Lwamba locality), 54 Rwandese refugees and approximately 100 civilians, reportedly killed between 25 March and 7 April 1998 in Shabunda, South Kivu province; 4 people, including Katumbo Mburanumwe, a child and two Rwandese refugees were allegedly shot dead by soldiers near Karumba on 29 May 1998 as Katumbo Mburanumwe was attempting to lead a large group of refugees back to their home country;

(b) Regarding the killing of civilians: 30 people, including Ndamubuya, Kasinga Ndamugabumwe and Sinsiri Kyuka, allegedly killed by government forces on 12 May 1997 in Mudja, Bukumu county, Nyiragongo district, Kivu; 4 women, including Kahindo and Shimirayi, supposedly killed by members of the military on 18 and 20 December 1997 in Rungoma and Pinga towns, in the Walikale territory, in punishment for allegedly practising witchcraft;

(c) Regarding the killing of human rights activists: Oswald Hakorinama was allegedly killed on 30 March 1998 in Nyamitaba, Masisi territory, by members of the armed forces, supposedly because of his involvement in the reporting of grave human rights violations in the country through the Grande Vision association, which he co-founded.

71. The Special Rapporteur has not received any replies to her communications and remains concerned about the widespread impunity and lack of respect for human rights shown by the current AFDL (Alliance des forces democratiques pour la liberation) Government of the Democratic Republic of the Congo. The situation appears to be exacerbated by the new Government's structure, in which power rests solely with the head of State, all government and armed forces personnel being accountable only to one individual. This has led to mass extrajudicial killings of individuals, including women and children of Hutu origin, many of whom were residing as refugees in the eastern part of the country. The Special Rapporteur urges the Government to institute democratic structures as soon as possible and to ensure the human rights of its citizens.

72. The Special Rapporteur continued to receive reports of death sentences imposed by military and criminal tribunals that fall short of international standards and fail to respect safeguards established by the International Covenant on Civil and Political Rights. Reports claimed that since October 1992, military courts that do not allow for the right to appeal have handed down 58 death sentences. It was asserted that the impartiality and independence of judges sitting on these courts is questionable and that defendants' rights to a fair trial and appeal are not being satisfied within the judicial system. The Special Rapporteur also received allegations regarding deaths in custody.

73. The Special Rapporteur sent one urgent appeal to the Government of Egypt, on behalf of Mohammad Fathi 'Abd al-'Azim and Mahmoud Mostaga Sulayman, who were reportedly sentenced to death by an Emergency Supreme State Security Court in Cairo. The two men reportedly had been acquitted of all charges by the same court in 1995 after the court found that their confessions had been extracted under torture. A retrial was said to have been ordered by the Prime Minister (11 December 1997).

74. The Government transmitted one reply to the Special Rapporteur during the period under review. In it, the Government explained that it was not a signatory to the Second Optional Protocol to the International Covenant on Civil and Political Rights and gave numerous reasons for maintaining the death penalty. The communication also included a detailed analysis of the conditions and safeguards for the application of the death penalty, a list of the offences for which the death penalty can be imposed, and the right of the President of the Republic to issue amnesties in respect of prisoners (29 December 1997).

75. While the Special Rapporteur would like to sincerely thank the Government of Egypt for its response, she would also like to encourage the Government to reflect upon and reconsider its firm position on the death penalty.

76. The Special Rapporteur expresses her concern over the reports of extrajudicial executions currently taking place in Ethiopia. The alleged assailants have included members of the police forces as well as members of the military.

77. During the period under review, the Special Rapporteur sent 12 individual allegations regarding extrajudicial executions carried out by police officers and military personnel of Ethiopia. The individuals on whose behalf they were sent include the following:

(a) Khadar Dulguf Mashkooke, who apparently died on 18 July 1997 as a result of torture inflicted upon him by soldiers of the Ethiopian People's Revolutionary Democratic Front;

(b) Ugas Mohamed Muhumed Fatule and Ibrahim Deeh Fatule, two men who reportedly died in the military barracks in Qabridaharre. Their bodies were apparently displayed in the town and were prevented from being buried for two days. Nine other unidentified persons detained with the two men are missing and presumed dead;

(c) Gahnug Yusuf Aare, Haybe Hirad, Mohamed Aw Farah Gaiye, Mohamed Aabbi Hirsi, and Abdi Mohamed Yare, who were all reportedly killed by soldiers of the Ethiopian People's Revolutionary Democratic Front in the town of Hodayo;

(d) Terefe Qumbii, Tesfaye Kumsissa and Gudissa Annisa, who died after being shot by local police in Jeldu. The police claimed that they died in a shoot-out, yet witnesses assert they were all unarmed;

(e) Ato Assefa Maru, a member of the Executive Committee of the Ethiopian Human Rights Council, who died after reportedly being shot by policemen in Addis Ababa. The police claim he was shot after trying to escape while other sources state that at no time was he fleeing.

78. The Special Rapporteur received a communication from the Government detailing the events concerning the death of an Ethiopian national named Mgbnesh Mulatu who was killed after being shot by an unknown assailant while she was working in Mendeferra, Eritrea.

79. The Special Rapporteur is concerned that the Government did not reply to the allegations sent regarding the shooting of Ato Assefa Maru and is hoping soon to receive news of the progress of the legal inquiry into this death.

80. The Special Rapporteur transmitted one individual allegation on 18 September 1998 to the Government of France on behalf of Fabrice Fernandez, who was reportedly killed while handcuffed and under interrogation by police officers. The officer charged with the crime was apparently suspended from duty and charged with murder.

81. The Government replied to the follow-up information requested by the Special Rapporteur concerning the case of Kola Bankole. In detailing the proceedings against the emergency doctor who treated Kola Bankole, the Government informed the Special Rapporteur that the proceedings were discontinued in a public hearing on 24 February 1997 after the defendant agreed to pay DM 5,000 to Amnesty International as well as the legal fees. This arrangement was expressly agreed to by Mr. Bankole's brother (14 January 1998).

82. Concerning the reasons for the rejection of the complaint filed by Mr. Babatonde Bankole against the discontinuing of investigation proceedings concerning officers of the Federal Border Guard, the Government explained that there was insufficient evidence that officers of the Federal Border Guard had committed a criminal offence (14 January 1998).

83. The number of incoming allegations of violations of the right to life has decreased since the end of the civil war in the country. The majority of the cases received, however, concern individuals working to bring to justice those who committed crimes during the conflict.

84. The Special Rapporteur transmitted two urgent appeals to the Guatemalan Government, urging it to take action to protect the lives and physical integrity of the following individuals who had received death threats:

(a) Prospero Penados, Pietro Notta and other members of the Archbishop's Human Rights Office (ODHA), reportedly threatened with death following the funeral of Monseignor Juan Gerardi, late auxiliary bishop of the archdiocese of Guatemala and Director of the ODHA. Monseignor Gerardi was killed two days after he presented a report on the crimes committed by the army during the civil war. It is alleged that his death, as well as the subsequent threats received by other members of the ODHA, could be linked to these reports (18 May 1998);

(b) Members of the Mayan Defence of Guatemala, in particular, its director, Juan L�on Alvarado, the organization's lawyer, Ovidio Paz, the legal adviser, Ricardo Sulugi, the General Secretary, Aura Jiatz, and the project supervisor, Leticia Vel�zquez. These individuals had allegedly been approached by armed men who questioned them about their activities with the Mayan Defence and threatened them with death if those activities did not stop. It is believed that the threats were connected to the recent efforts of the group to bring army personnel to justice for the crimes they allegedly committed against indigenous populations during the 1980s (25 May 1998).

85. The Special Rapporteur also transmitted the following allegations of violations of the right to life of the following individuals to the Government of Guatemala:

(a) Monseignor Juan Gerardi Conedea, auxiliary bishop of the archdiocese of Guatemala and Director of the Archbishop's Human Rights Office, reportedly killed on 27 April 1998 in the San Sebastian Church in Guatemala City by unidentified individuals. It is alleged that Monseignor Gerardi was beaten to death. His death occurred two days after his presentation of a report which largely blamed the army for the majority of human rights violations which took place during the civil war;

(b) Edgard Estuardo Motta Gonz�lez, allegedly killed on 8 October 1997 in Guatemala City by unidentified individuals while working in his carpentry workshop. It is reported that his death was connected to the fact that he was the key witness in a trial against Anibal Archilla P�rez, Miguel Angel L�pez Cal and Miguel Rodr�guez Revolorio, three policemen condemned to death for the killing of Luis Pedro Choch Reyna. These policemen had also reportedly attempted to kill Mr. Motta, but he survived to testify against them.

86. The Government of Guatemala updated the Special Rapporteur on the recent developments in the case of the killings of Jos� Elias Salanzar Lorenzo and Manuel Chub Caal, both killed in the city of Poptun, Pet�n, by Mayor Jos� Antonio Cruz Monz�n. The bodies of Mr. Salanzar and Mr. Chub were examined by forensic experts. The Government reported that Mr. Cruz was apprehended by the police and stood trial in a civilian court, where he was convicted on two counts of homicide (29 November 1997).

87. The Guatemalan Government also informed the Special Rapporteur that the allegations she sent this year were received and directed to the appropriate officials, who would inform her about the progress of the investigations (25 June 1998).

88. The Special Rapporteur would like to thank the Guatemalan Government for its replies to her communications and its cooperation with her mandate. It is also commendable that the number of allegations of violations received has dropped significantly since the civil war ended. She remains preoccupied, however, by the great number of allegations received concerning violations supposedly perpetrated against indigenous populations and human rights defenders. This pattern could indicate a reluctance on the part of the Government to take full responsibility for its past actions. The Special Rapporteur urges the Government to work diligently towards keeping a lasting peace, a key aspect of this process being to ensure the fundamental human rights of all of its citizens.

89. The Special Rapporteur transmitted two allegations of violations of the right to life to the Government of Honduras.

90. On behalf of Edwin Ram�rez (age 3), allegedly killed on 30 September 1997 in Dora, Yoro, while travelling by truck with his parents. It is reported that three armed men opened fire on the truck. The infant's father, Benigno Garc�a, who was also injured in the attack, is reported to be a human rights defender who works with the populations of San Pedro Sula and Yoro. Supposedly, the orders for this attack were given by an ex-member of the Intelligence Services of the Honduran military.

91. Concerning Jorge Castillo and Julian Alberto Morales, who allegedly died on 21 October 1997 near Tela Atlantida. Both members of the Garifunas Indigenous Group, it is reported that with the acquiescence of government authorities, the two men were killed by landowners and businessmen wanting to develop a tourist complex on land bordering the Atlantic Ocean which allegedly belongs to the Garifunas.

92. Reports continue to be received by the Special Rapporteur concerning human rights abuses in Indonesia and East Timor. It is alleged that police forces, which are still overseen by the military, purposely target political protesters and ethnic minorities, who are often arrested and subjected to ill-treatment which results in their death. Furthermore, it is reported that investigations into such incidents are rarely carried out and their perpetrators are almost never held accountable for their actions.

93. The Special Rapporteur transmitted an urgent appeal concerning the reported deaths of at least five Trisakti University students on 12 May 1998. The deaths reportedly occurred during a student protest which became violent. In light of the current political situation in Indonesia and the consequent likelihood of other protests, the Special Rapporteur reminded the Indonesian Government of several international human rights mechanisms which protect individuals from such occurrences and urged the Government to use restraint when containing future protests (20 May 1998).

94. The Special Rapporteur also transmitted the following allegations to the Indonesian Government:

(a) Regarding the excessive use of force during demonstrations: Manuel Marques, allegedly killed on 27 June 1998 in the town of Aitais in Manatuto by members of the Indonesian military when a stray bullet reportedly fired at unruly protesters hit him; Olandino Marcelino da Costa, reportedly killed by shots fired by Indonesian security forces in Baucau on 29 June 1998 when a crowd of pro-independence protesters, organized to greet an EU delegation, became angry when security vehicles appeared; and Mrs. Sangkek and David Kapisa who were allegedly shot in the head by security forces on 2 July 1998 during a demonstration in front of the local parliament in Sorong, Irian Jaya;

(b) Regarding deliberate killings by security forces: Herman Dasdores Soares, reportedly killed by a member of Indonesian Territorial Battalion 315 in Obrato, Mantuto district, on 16 June 1998 while gathering wood which soldiers apparently mistook as stolen from the military; Carlos da Silva and Carlos da Costa, allegedly killed in Bucoli village, Baucau, on 10 May 1998 after their names were divulged as being possible participants in a clandestine resistance group; Maria Freitas, who allegedly died of wounds from shots fired by members of the Indonesian military into her home in Samala hamlet, Wailili village, East Timor on the night of 14 April 1998.

95. The Government provided information to the Special Rapporteur on the following allegations:

(a) The death of David Alex on 25 June 1997 was due to bleeding from gunshot wounds received during an exchange of fire between Indonesian security forces and Mr. Alex's resistance group. Despite his status as one of Indonesia's most wanted men, maximum medical attention was provided to attempt to save his life and after his death, the State organized a burial ceremony in accordance with Mr. Alex's Catholic religious beliefs. Further, the State maintains that security forces had no motivation to kill Mr. Alex, as he could have been a valuable source of information;

(b) With regard to the alleged killing of Januario Quintas, Francisco and Fernando Lopez on 8 February 1997, the Indonesian Government reports that after undertaking a thorough investigation into the matter, it could find no evidence of the alleged killings;

(c) As concerns the deaths of the five Trisakti University students shot during a protest on 12 May 1998, the Government maintains that it acted in strict accordance with accepted crowd-control methodology and that police used no live ammunition that day. The Government asserts that the students were killed by gunfire which came from an overpass near the protest site, fired by an as-yet-unknown perpetrator. In addition, two of the senior police officers responsible for crowd control on the day of the protest have been court-martialled and sentenced to 14 months of imprisonment each for their mishandling of the situation.

96. The Special Rapporteur expressed her desire to visit Indonesia to examine the human rights situation in the country in situ, where she feels that she would be able to more effectively assess the allegations she is receiving and make recommendations to the Government (27 November 1997).

97. The Special Rapporteur continues to be concerned about the status of human rights in Indonesia and East Timor, most especially in the context of violations of the right to life that occur because of the excessive use of force by government authorities during peaceful demonstrations and the ethnic tensions that are present in East Timor, Irian Jaya, and towards the Chinese-Indonesian ethnic community as a whole. The Special Rapporteur urges the new Government to ensure that violators of human rights in Indonesia are brought to justice. Additionally, she recommends that law enforcement agencies receive human rights training to reduce the severity of future clashes between the police and the citizenry. In addition, she would like to thank the Government for its replies to her communications.

98. The Special Rapporteur recognizes the hostile environment pervading various regions in the country. The efforts by the Indian Government to "restore faith in the democratic order and the rule of law and to prevent further loss of life" in these areas is highly appreciated. Yet, these same laws protect members of the armed forces from prosecution and appear to propagate extrajudicial, summary and arbitrary deaths resulting from the excessive use of force by military personnel. Such accounts, coupled with further reports on deaths in custody and deliberate killings, continue to be received by the Special Rapporteur.

99. The Special Rapporteur transmitted to the Government allegations regarding violations of the right to life on behalf of the following individuals:

(a) Khaidem Bijoy Singh, who was arrested by the Thoubal police on 10 January 1997 and whose dead body was found in the police station soon after. The Government reportedly paid the family Rs 50,000, but no judicial inquiry has been initiated to bring those responsible to justice;

(b) Koijam Rajen, an alleged member of the People's Liberation Army, who was allegedly shot by police in Manipur after being taken from his home on 6 February 1997. No judicial inquiry has been undertaken;

(c) Moirangthem Surjeet, Khangembam Inoaba and Takhelambam Jadumani, who were all allegedly killed on 25 February 1997 by soldiers stationed in Bazar. There has yet to be a judicial investigation inquiring into the matter;

(d) Khamkhopao Misao, who was reportedly taken from his home on 1 April 1997 by army personnel in Bungnual and killed shortly thereafter;

(e) Kannuri Srinivas, who died after being taken from his home on 22 May 1997 by police officers in Lakkepur. The police claim he was killed in an exchange of fire but eyewitnesses assert that no such incident ever occurred;

(f) Ramaso Shingnaisui and Naokahao Shingnaisui, a father and son who were allegedly killed on 19 July 1997 by army personnel because of suspicion that they participated in an ambush against an army convoy. Ramaso Shingnaisui was apparently arrested by the army on 17 July 1997. Two days later, the local police were informed that his dead body was at the army camp;

(g) Susendra Bhuyan and Amorendra Choudhury, two men who were picked up by army personnel on 17 June 1997. Reports claim that a high court ordered the army to hand over the detainees on 20 June 1997. On 21 June, the two dead bodies were allegedly delivered to the police station.

100. The Special Rapporteur feels that the Government of India does not welcome visits. Her predecessor had asked on several occasions to be allowed to visit the country, but to no avail. She is hoping to engage in a dialogue with the Government on this subject in the future.

101. The Special Rapporteur would like to note that the problem of extrajudicial executions permeates every region of India and that she is especially dismayed, in light of this observation, that the Government has not yet responded to any of her allegations.

102. The Special Rapporteur sent five urgent appeals to the Government concerning individuals convicted in trials that failed to meet international standards.

103. The first appeal was sent with the Special Representative on the situation of human rights in the Islamic Republic of Iran and the Special Rapporteur on violence against women, on behalf of Zoleykhah Kadkhida, a 20-year-old woman sentenced to death on 11 August 1997 for reportedly engaging in sexual relations outside marriage. She was apparently stoned to death despite the fact that an appeal for clemency was pending. After having been confirmed dead by doctors, Ms. Kadkhida began breathing and was taken to a hospital where her condition stabilized (6 January 1998).

104. The second appeal was sent regarding the case of Mohammad Ali Araei, allegedly sentenced to death by a military court that denied him the right to appeal. He was said to have been convicted of robbery and "being against the people's will" and was reportedly tortured until he signed a confession admitting participation in activities against the Government (13 February 1998).

105. The third urgent appeal was sent by the Special Rapporteur and the Special Representative on the situation of human rights in the Islamic Republic of Iran on behalf of Moreeza Firouzi, reportedly sentenced to death for espionage. According to the information received, he was held incommunicado for several months before being allowed access to legal counsel and was convicted in a secret trial (26 February 1998).

106. A follow-up urgent appeal was sent to the Government reasserting the Special Rapporteur's call for the protection of the right to life of Moreeza Firouzi (20 May 1998).

107. The last appeal was transmitted on behalf of Sirus Dhabihi-Muqaddam and Hidayat-Najafabadi, both reportedly sentenced to death for their religious beliefs (2 October 1998).

108. The Government replied to several communications transmitted by the Special Rapporteur. In regard to the case of Zoleykha Kadkhoda, the Government stated that she was released on 26 November 1997 and that her case was dismissed following the court's decision (17 February 1998).

109. In response to the allegations sent on behalf of 27 individuals who were said to have been killed by anti-riot police during a protest, the Government denied all claims. The Government asserted that violence had broken out during the ballot counting in a parliamentary election and two people died as a result while 26 others were injured. The Special Rapporteur was informed that the Bonab judiciary was investigating the case (18 December 1997).

110. With reference to the case of Mohammad Ali Ataei, the Government stated that there was no record of him in the files of the Judiciary Organization of the Armed Forces (29 June 1998).

111. The Government also informed the Special Rapporteur that the Supreme Court had rejected the death sentences of Syres Zabihi and Heaqat Kashefi, following which the defendants were retried by a court in Mashad and convicted of acting against national security. The men were sentenced to death but their sentences have yet to be confirmed by the Supreme Court. The Government assured the Special Rapporteur that if this occurs, Syres Zabihi and Hedayat Kashefi will still be able to appeal to the courts for clemency (7 October 1998).

112. Reports continue to be received by the Special Rapporteur concerning the execution of hundreds of political prisoners detained in penitentiaries throughout the country. Sources claim that the reported deaths in these facilities are part of the so-called "prison cleansing campaign" that was ordered by the head of the Special Security Organization. These grave allegations also assert that the detainees were convicted because of their supposed opposition to the Government and after trials that did not meet international standards. The Special Rapporteur continues to be informed about the extensive use of the death penalty for drug-related offences and economic crimes.

113. For an in-depth analysis of the human rights situation in the country, the Special Rapporteur refers to the most recent report submitted by the Special Rapporteur on the situation of human rights in Iraq to the Commission on Human Rights (E/CN.4/1999/37).

114. The Special Rapporteur sent an urgent appeal on behalf of Ammar Shahab al-Din, a Jordanian national who was reportedly sentenced to death on 7 December 1997 for smuggling (12 December 1997).

115. An urgent appeal was also transmitted on behalf of hundreds of prisoners in Abu Ghraib and Radwaniyah who reportedly have been and continue to be executed as a part of the so-called "prison cleansing campaign" (29 December 1997).

116. The Special Rapporteur transmitted allegations regarding violations of the right to life on behalf of the following individuals:

(a) Ayatollah al-Kharawi, a Shia leader of the Najaf Theological School, who was reportedly arrested by the Iraqi security force on 19 June 1998 and shot along with three other unidentified persons. The body was reportedly found by Ayatollah al-Kharawi's son, who attempted to give it a ceremonial burial. Sources claim that personnel of the Iraqi security force took the body away and immediately buried it;

(b) Raheem Shuker Mahmoud, Ramadhan Karim Saeed, Fadhel Majid Hameed, Karzan Rashid Saber, Hussein Kadhem Jawad, Faleh Hassan Khudher, Nayef Allawi Hamoudi, Salah Hamza Mahmoud, Mekki Hassan Layeq, Khalaf Janhan, Jawad Hayder Al-yasseri, Aalaa Ali Abdul Hussein, Ahmed Aawaf Shaker, Hilal Hussein Abdul Samad, Abdul Aziz Taleb Hussein, Hamoudi Shallal Kadhem, Abdul Hamid Murtadha Shehab, Abdul Hussein Ali Alaa El-deen, Abboud Hilal Ramadhan, Faris Mahmoud Rashid, Fadhel Redha Hassan, Hamoudi Ayed Aydan, Saleh Abdul Hadi Haddam, Haythem Hasan Hareth, Wasef Allawi Tumah, Umayr Jassam Umran, Mahmoud Taleb Wajed, Faris Onwan Lahib, Mehdi Ayesh Eidan, Abdul Samee Hasson Alaa, Safaa Hussein Ali, Abdul Fattah Ismail Ali, Mohammaed Shehab Ali, Ayed Khalaf Ghafel, Fayyadh Mekki Issa, Salen Hussein Wejdan, Amir Saleh Hussein, Musleh Khalil Hussein, Nafi Khaled Yassin, Ramadhan Mehdi Issa, Hussein Adel Hussein, Mustapha Jaber Bager, Bager Mehdi Salman, Atheer Kadhem Milad, Hamdan Hussein Ali, Enad Abdul Aahad Hussein, Lamee Nasssar Abdul Bari, Atheer Qassem Allawi, Hussein Raed Kadhem, Kadhem Hussein Jaber, Murtadha Jalil Sayfullah, Awad Hassan, Jassem Jadou Salem, Farhan Hameed Ali, Hassan Hussein Fares, Dheyaa Nayef Hadi, Hussein Murshed Faysel, Radhi Abdul Wahed Fattah, Fakher Abdul Wahed Eidan, Sadr-ul-deen Sultan Maree, and Shehab Humoud Faleh, who are all alleged to have been arrested for their participation in the May 1991 uprising and killed in June 1998 in accordance with the "prison cleansing campaign". The bodies were allegedly buried in mass graves without notification to the families.

117. The Special Rapporteur received two replies from the Government of Iraq concerning individual allegations and appeals. The first communication was an assurance by the Government that all information regarding Hamed Rahmani would be submitted (26 November 1997).

118. A reply was also received concerning the case of Ammar Ghalib Mahmoud Shihab al-Din, a Jordanian national convicted of smuggling heavy equipment across the Iraqi-Jordanian border. The Government confirmed reports that he was sentenced to death but stated that the Amnesty Decree of President Saddam Hussein enabled him to return to Jordan (30 March 1998).

119. For an in-depth analysis of the human rights situation in the country, the Special Rapporteur refers to the most recent report submitted by the Special Committee to Investigate Israeli Practices affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories to the General Assembly (A/53/661).

120. The Special Rapporteur sent individual allegations regarding the violation to the right to life on behalf of the following persons:

(a) Ali Jawarish, a 7 year-old child reportedly shot on 11 November 1997 by soldiers of the Israel Defence Forces during clashes at Rachel's Tomb in Bethlehem. Reports claimed that he was among several dozen Palestinian children who were throwing stones and burning tyres during a Jewish religious ceremony. One soldier was blamed for firing at the group and was alleged to have shot Ali Jawarish. It was further stated that no assistance was offered to the child;

(b) Ibrahim Tawfiq Abu Ratima, a 14 year-old child reportedly shot by an Israeli soldier on 22 June 1997 after refusing to follow his orders. The boy was apparently taken to Shifa hospital where he died on 3 July 1997;

(c) Marwan Hassan Ibrahim Maali, imprisoned on 4 August 1997 by the Israeli army and found dead in his cell in Megiddo prison on 15 September 1997. Official reports claim he committed suicide; however, this was refuted by the source. It was reported that he was in good health mentally, and a scheduled family visit was prohibited by the authorities the day before he was said to have died;

(d) Khalid Ali Abu Daiyya, reportedly detained in West Jerusalem where he was beaten and tortured. He allegedly died at Sharei Zedek hospital on 21 May 1997 and the autopsy report was said to have confirmed that he had been subjected to severe beatings which resulted in multiple fractures on the right side of his face. Sources claimed that he was beaten to death with heavy instruments.

121. The Special Rapporteur is gravely concerned about the continuing situation in the occupied territories and notes that such a situation tends to have a dehumanizing effect on those involved. She is appalled that in the past year the conflict in this region and the anger resulting therefrom were the cause of the death of an innocent 7-year-old child.

122. One urgent appeal was sent to the Government on behalf of Shimazu Shinji, Ida Masamichi, Tsuda Akira, Muratake Masahiro and Takeyasu Yukihisa, who were reportedly facing imminent execution after being denied legal counsel during the investigation of their case (15 January 1998).

123. The Special Rapporteur transmitted an allegation regarding the violation to the right to life on behalf of Mousavi Abarbekouh, an Iranian national who reportedly died while being held in a detention centre in Tokyo. His death allegedly followed a fight between himself and prison guards and was reportedly caused by a head injury.

124. Regarding the case of Shimazu Shinji, Ida Masamichi, Tsuda Akira, Muratake Masahiro and Takeyasu Yukihisa, the Government stated that all those suspected and accused of committing crimes are guaranteed the right to legal defence, including the aforementioned persons. Furthermore, when the offence is punishable by death and the accused cannot secure a defence counsel, the State must assign one. All convicted persons are afforded an adequate appeals process (3 March 1998).

125. The Government replied to the allegations concerning the case of Mousavi Abarbekouh, stating that while being detained by the Immigration Control Office, he had been restrained by officers after he pushed them. When the officers attempted to remove the instrument of restraint, the detainee threw his head back and hit it on the floor and lost consciousness. A prosecutorial investigation into the matter concluded that no crime had been committed by the officers and that Mousavi Abarbekouh died as a result of his own actions (30 October 1998).

126. The Special Rapporteur submitted an urgent appeal, together with the Special Rapporteur on the question of torture, on behalf of Khamit Memet and two other ethnic Uighur Chinese nationals who were reportedly in imminent danger of being extradited to Xinjiang Uighur Autonomous Region where they faced torture and possibly execution. All three men were apparently arrested while attempting to cross the border between China and Kazakhstan and were being detained in the "investigation isolation prison" of the Committee of National Security in Almaty (26 October 1998).

127. The Special Rapporteur transmitted one communication to the Government of Liberia concerning the deaths of Samuel Dokie, Janet Dokie and two other unidentified persons. All four were reportedly arrested on 29 November 1997 by soldiers of the special security forces. Their bodies were found on 4 December 1997 on the outskirts of Gbarnga. Five reported arrests were made in connection with this incident.

128. The Special Rapporteur sent allegations regarding the violation of the right to life on behalf of the following individuals:

(a) Enyang Ak Gendang, reportedly killed on 19 December 1997 by Malaysian police during a violent conflict that broke out between indigenous Iban villagers and the police forces. It was alleged that the villagers were unarmed, thus indicating an excessive use of force by the police;

(b) Eight unidentified Indonesians who were being forcibly repatriated by the Malaysian police from immigration detention camps. During the repatriation on 26 March 1998, resistance by one group led to a violent incident in which the eight individuals were reportedly killed along with one police officer;

(c) Usman Bin Muhammad, who reportedly died on 10 November 1997 at the immigration depot in Malacca. He was said to have been suffering from severe stomach, leg and thigh pain and did not receive any medical attention. According to the autopsy, he had a ruptured intestine and blood clotting in his lungs and heart.

129. The Special Rapporteur reports that while, owing to a lack of resources, fewer allegations were sent this year to the Government of Mexico regarding violations of the right to life the human rights situation in the country remains preoccupying, especially in light of the recent killings in Chiapas. The Government did, however, make an admirable attempt to respond in detail to numerous past allegations.

130. The Special Rapporteur sent one urgent appeal to the Mexican Government during the period under review on behalf of the indigenous peasant populations living around the area of Acteal in the municipality of Chenalho, Chiapas State. The appeal was sent in the aftermath of the killing of 45 Tzotziles on 22 December 1997 in this area. During the incident, it was reported that 21 women, 15 children and 9 men died, while several others were injured and hospitalized. The killings are believed to have been carried out by two paramilitary groups known as Paz y Justicia (Peace and Justice) and M�scara Roja (Red Mask), who reportedly attacked the indigenous group for their support of the armed opposition group known as the Zapatista National Liberation Army (EZLN). It was further alleged that the killings took place near a police station but that the police did not intervene (16 January 1998).

131. In addition, the Special Rapporteur brought allegations of the violation of the right to life of 25 individuals to the attention of the Mexican Government.

132. The dead body of Jorge Nava �viles was discovered in the vicinity of Iguala-Palmira along the Mexico-Acapulco Highway by members of the Federal Highway Police as it was being disposed of by three officials from the State of Morelos. It was alleged that Mr. Nava �viles had been detained on 27 January in Jiutepec, Morelos, by members of the police force.

133. Cenobio Sixto Santos, 17 years old, was allegedly killed on 26 March 1998 by members of the Federal Army, who entered the community of Barrio Nuevo, San Jos�, Tlacoachistlahuaca municipality, Guerrero State, where they searched homes for firearms. During the operation, it is reported that Cenobio Sixto Santos died from blows he received from the soldiers. It is said that Barrio Nuevo San Jos� has actively sought recognition as an indigenous group for some time.

134. Gerardo Villarreal Rodr�guez reportedly died on 26 February 1998 in Linares, Nuevo Le�n, after having been ill-treated by members of the State Judicial Police.

135. Jose Tila L�pez Garc�a, a Chole indigenous person, was reportedly killed by members of the Paz y Justicia paramilitary group as a reprisal for having denounced the human rights situation in Mexico to the International Civil Commission of Human Rights Observers. His death reportedly took place on 28 February 1998 in the town of Tzaquil.

136. Oscar Rivera Leyva was allegedly killed on 19 April 1998 in Atoyac by a group of individuals who counted among their numbers an active member of the military. Mr. Rivera Leyva was reportedly shot dead as he was leaving a political meeting, and it is believed that his death was a reprisal for denunciations he had made concerning the human rights situation in Mexico, particularly in regard to the Agua Blanca massacre.

137. Fernando F�lix Guadalupe, Manuel Francisco Prisciliano, Fidencio Morales Castro, Juan Garc�a de los Santos, Apolinar Jim�nez Garc�a, Honorio Garc�a Lorenzo, Mauro Gonz�lez Castro, Mario Ch�vez Garc�a, Daniel Crisoforo and Ricardo Zavala were reportedly killed in El Charco on 7 June 1998 by members of the Mexican military. All of the men were reportedly members of the Popular Revolutionary Army (EPR) and were sleeping in the Caritino Maldonado school, when they were allegedly awakened by gunfire and killed in the ensuing firefight.

138. Daniel Colinenciso, Jan Carlos Moreno, Iv�n Moreno, Rom�n Morales Acevedo, Carlos Alberto L�pez Ines and �ngel Leal Olinares were allegedly killed in Colonia Buenos Aires on 8 September 1997 after they were reportedly detained by police. The next day the bodies of the first three were found near Tlahuac; the other three were found on 29 September 1997 in the vicinity of Ajusco Medio. It is reported that all of the bodies showed signs of torture and had been shot.

139. Mirey Trueba Arciniega, was reportedly killed by a member of the military on 22 August 1998 in Guadalupe y Calvo municipality when the truck he was riding in with two friends was stopped by the military and he jumped out of the back and ran. It is reported that he was shot in the back and later died in the hospital.

140. Elber Solano Solano, age 12, was reportedly killed on 30 August 1998 in Rancho de Mart�n Cruz by a member of the military as he and his friend were drawing water from a well. It is alleged that the soldier told the boy that he wanted to have sexual relations with him and that he later shot Elber Solano.

141. Santiago Luna Reyna, a member of the Peasants' Organization of the Southern Sierra, was allegedly killed on 15 March 1998 in Tepetixtla by members of a paramilitary group.

142. The Government of Mexico sent several communications to the Special Rapporteur during the period under review in response to allegations sent during 1997 and 1998.

143. The Mexican Government sent a reply to the Special Rapporteur on the question of torture regarding the cases of Jos� L�pez Reyes and Ricardo Rico Ubaldo. An investigation into the case was undertaken by the Government, including forensic analysis, and the case was presented in the First Court of First Instance in the Judicial District of Xalapa in October 1996. At that hearing, penal action was taken against 12 members of the Judicial Police of Veracruz for the qualified homicide of Jos� L�pez Reyes and Ricardo Rico Ubaldo. During the whole of the proceedings all pertinent constitutional provisions were observed and the individuals' rights were respected (20 October 1997). The Special Rapporteur was later informed that the parties responsible for the deaths of Mr. L�pez and Mr. Rico had been discharged from their duties as public servants (October 1997).

144. In relation to the case sent by the Special Rapporteur on behalf of Andr�s L�pez, allegedly killed in Coyul, Matlatonoc municipality, Guerrero State, the officials charged with investigating the case could find no evidence of the death of this man in the state records. Further information was requested (not dated).

145. Also received was information concerning the case of Erick Cardenas Esqueda, who died in police custody on 4 January 1997, causing an initiation to be undertaken by state officials. The autopsy revealed that death was caused by a lack of blood to the brain, perhaps due to hanging. Three police officers from the municipal police of Nuevo Laredo have been implicated in the case, but have not yet been sanctioned because the case has not yet been concluded. For this reason as well no compensation has been paid to the family (October 1997).

146. Concerning the case of the death of Alejandro Herrera Flores, an investigation has been undertaken by the appropriate state authorities who have found that he died on 5 October 1996 from gunshot wounds, received from police personnel when he refused to allow them to inspect his vehicle. Charges have been brought against the policemen for qualified homicide and abuse of authority, but as the trial is still in process, no sanctions had been applied, nor had the family received any compensation (October 1997). In an update, the Government of Mexico confirmed that those responsible for the death of Mr. Herrera had been sentenced and were in prison (12 February 1998).

147. The Government also sent information regarding the case of the deaths of Belisario Villegas Perelleza, Silvestre Bernal and Jos� Mario Payan Beltr�n, reportedly killed in Sinaloa on 29 November 1996. An investigation was launched and three officers of the Municipal Police of Sinaloa de Leyva have been convicted of killing the three men; however, the whereabouts of the officers is at present unknown, so sanctions against them cannot be carried out. The court has yet to determine the compensation due to the families of the victims (October 1997). In an update, the Government indicated that the officers responsible were still at large, and that several other members of the police department had been found guilty of complicity (February 1998).

148. In a follow-up to last year's comments on the case of Gerardo Hurtado Arias, the Government of Mexico stated that an investigation was launched into this matter and that the Special Rapporteur will be advised of any future developments (20 February 1998).

149. Regarding the case of the deaths of Silvano Mart�nez Salinas, Olivia Vargas Carro, Mar�a Carro Jim�nez and Mario Mart�nez Vargas, a minor, a complaint was filed by Flavio Sosa Villavicencio with the National Human Rights Commission, which asked the appropriate authorities in Oaxaca to conduct an investigation. More information will be transmitted as this investigation progresses (13 November 1997).

150. The Mexican Government provided more information concerning the death threats against Yessica Yadira D�az and her mother, Mar�a Eugenia Cazares de Diaz, in Durango State, asserting that the Procurator General of Durango State went to the home of Mar�a Eugenia Cazares de Diaz because he had been told that unknown persons had been seen in the vicinity of her home and he wished to offer her police protection, which she accepted; Ms. Cazares de Diaz reportedly informed the state authorities that she felt sufficiently secure (14 November 1997).

151. Information was also submitted in the case of the death of Celerino Jim�nez Alm�raz. The Government denied that members of the Oaxaca State Police entered the home of Mr. Jim�nez and killed him, asserting instead that upon entering the areas of Jalatengo and Copalita, San Mateo Rio Hondo Miahatlan, the police were fired upon and had to return fire to defend themselves. After this incident the police reportedly surveyed the area and came upon Mr. Jim�nez who was still alive but apparently badly injured. The police allegedly tried to transport him to the hospital, but he died on the way. A police investigation was launched. Later, Mar�a Estela Garc�a Ram�rez, the deceased's widow, filed a complaint that the police had entered her home, shot her husband and beaten her father and brother, stolen 3,500 pesos and a recorder, and caused damage to the home. Upon investigating, state medical specialists found no evidence of injury to any member of the family, nor was there any apparent damage done to the home. The matter has yet to be resolved and is still being investigated (14 November 1997). In a follow-up letter, the Government informed the Special Rapporteur that it had received no confirmation of the death threats supposedly levelled against Mar�a Estela Garc�a Ram�rez and that she would have to come to police headquarters to lodge a complaint. There was no new information on the death of Celerino Jim�nez Alm�raz (6 February 1998).

152. As concerns the case of the death of Juan Aceves Cruz, the Government transmitted a report prepared by the Procurator General of the State of Oaxaca stating that all of the facts of the case as submitted were correct, except that Juan Aceves Cruz was inside a restricted zone of the Oaxaca airport when he was shot. Apparently, the military authorities in this area warned the deceased three times to vacate the area and then fired two warning shots into the air, at which point the man, who on horseback, allegedly charged a lieutenant. At this point Juan Aceves Cruz was shot. His body was identified by his mother who has demanded an investigation into his death. This investigation is being carried out by the competent authorities, who will transmit further details to the Special Rapporteur upon completion of the inquiry (14 November 1997).

153. Regarding the case of the death of Adri�n Sebasti�n Antonio, the Government submits that the facts of the case as transmitted by the Special Rapporteur are incorrect. The Government maintains that Adri�n Sebasti�n Antonio was found by police in the area of the ranch Llano Maguey in possession of a 22-calibre rifle and 8 live cartridges. As he had no licence and the weapon was not registered, the police detained him. During the trip to Oaxaca the vehicle, carrying the detainee and seven policemen, burst a tyre and tipped over. Everyone inside was injured and Adri�n Sebasti�n Antonio died. An investigation has been undertaken and the driver of the vehicle is standing trial for causing the death of Adri�n Sebasti�n Antonio and the injuries to his fellow police officers. A sum of 50,000 pesos has been paid to the family of Adri�n Sebasti�n Antonio in compensation for his death (14 November 1998).

154. In the case of the death of Antonio Torres Estrada, an investigation by the Procurator General of the State of Guanajuato has been initiated, but no evidence has been found to suggest who may be guilty. It was postulated that the deceased may have caused his own death by falling and hitting his head while drunk (11 January 1998). In an update, the Mexican Government stated that the subject had died in the hospital from a blow to the head that he had received from police officers while in prison. No mention was made of a case pending against the officers who inflicted the blow (12 February 1998).

155. Regarding the death of Reyes Penagos, the Government affirms the facts of the case as transmitted by the Special Rapporteur and has launched an investigation, which had not yet concluded (11 January 1998). In an update, the National Commission for Human Rights found police officers of the State of Chiapas responsible for Reyes Penagos' death. Its investigation could be carried no further because of a lack of cooperation from the police forces. The matter has been handed over to the Chiapas state government (12 February 1998).

156. The Government further reports that judicial proceedings against those stated to be responsible for the death of Sixto de la Rosa Mart�nez is now underway. The facts of the case as the Special Rapporteur transmitted them were correct. The family of the deceased has yet to receive any compensation (12 January 1998).

157. In response to the Special Rapporteur's transmitted allegations and inquiries regarding the events that transpired on 22 December 1997 in the area of Acteal, Chenalho municipality, Chiapas, the Government replied that immediately after the occurrence of the events, it sent teams of investigators into the area. By 28 December 1997, it had been decided to proceed with criminal charges against 40 individuals, including 3 minors. Additionally, it was reported that humanitarian aid was furnished to the area. The investigations and trials were still under way at the time of the Government's communication (21 January 1998). The Government provided additional information on this matter, including news of the indictment of nine other persons including government officials. Information was also provided concerning the follow-up activities of the Procurator General of the Republic, the Secretary of Governance, the Secretary of National Defence and the National Commission of Human Rights (30 January 1998).

158. The National Commission of Human Rights submitted a report on the investigation surrounding the case of the three journalists, Rene Solorio, Ernesto Madrid and Gerardo Segura, whose lives were supposedly threatened because of reports they had made on TV Azteca. The Commission provided a detailed outline of the progress of the investigations undertaken, ending with the journalists' supposed refusal to appear for any further questioning in October 1997 (6 February 1998).

159. The Government also provided information that, with reference to death threats made against Gustavo Zarate, Celso Cruz, Mariano L�pez, Inar Berneli Dom�nguez, Jorge Motolinia, Rosendo Hern�ndez and Felipe L�pez, the government of the State of Chiapas has taken measures to protect the lives of these individuals (28 May 1998).

160. Concerning the case of Jorge Nava �viles, the Government replied that several police personnel have been implicated and/or convicted for the killing of this individual and the subsequent police cover-up. In addition, the Procurator General of the Republic has arranged some human rights training for government police forces (23 June 1998).

161. The Special Rapporteur sent a letter to the Government inquiring about a newspaper article that appeared in La Jornada on 12 August 1998, which stated that she had been invited by the Mexican Government to visit the country. The Special Rapporteur requested more information regarding this invitation, so that she could begin to propose dates for a visit to Mexico. At the date on which this report was written, she still had not received a response from the Government. The Special Rapporteur would like to reiterate her desire to visit Mexico (17 September 1998).

162. The Special Rapporteur regrets the gravity of the violations of the right to life in Mexico in the past year and finds the events that occurred in Chiapas especially disturbing. Additionally, it is worrying that indigenous populations seem to be regularly targeted for this type of violence, as are human rights defenders. The Government's numerous and thorough replies to past allegations is, however, encouraging and demonstrates a will to cooperate with the Special Rapporteur's mandate. She sincerely hopes that this spirit of cooperation will result in a formal, written invitation from the Government to visit the country.