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Distr.
GENERAL E/CN.4/1997/60/Add.1
23 December 1996
ENGLISH
Original: ENGLISH/FRENCH/SPANISH
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COMMISSION ON HUMAN RIGHTS
Fifty-third session
Item 10 of the provisional agenda
QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL
FREEDOMS IN ANY PART OF THE WORLD, WITH PARTICULAR
REFERENCE TO COLONIAL AND OTHER DEPENDENT
COUNTRIES AND TERRITORIES
Extrajudicial, summary or arbitrary executions
Report of the Special Rapporteur, Mr. Bacre Waly Ndiaye, submitted
pursuant to Commission on Human Rights resolution 1996/74
Addendum
Country situations
CONTENTS
Introduction
I. COUNTRIES
Afghanistan
Algeria
Angola
Argentina
Armenia
Australia
Azerbaijan
Bahrain
Bangladesh
Belgium
Bolivia
Botswana
Brazil
Bulgaria
Burkina Faso
Burundi
Cambodia
Chile
China
Colombia
Comores
Costa Rica
Cuba
Djibouti
[More]
Introduction
1. This addendum to the report on extrajudicial, summary or arbitrary executions describes 95 country situations and gives an account of actions undertaken by the Special Rapporteur between 25 November 1995 and 1 November 1996. It also contains in summary form the replies received from Governments to his communications and, where appropriate, observations of the Special Rapporteur.
2. Since most allegations of extrajudicial, summary or arbitrary executions were transmitted on 4 June 1996 and 1 September 1996, these dates are not indicated in the report. The dates included in the report, mostly in parenthesis, are those of urgent appeals, those of allegations transmitted on a different date than the above-mentioned, and those of government replies.
3. 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. Moreover, responses from sources to requests of the Special Rapporteur, although of great importance to his work, are only reflected very briefly in the report. [back to the contents]
I. COUNTRIES
Afghanistan
Information received
4. The Special Rapporteur received reports concerning killings of civilians in Kabul as a result of indiscriminate attacks by the Taliban and other warring factions. He also received distressing information indicating that in the areas under Taliban control, court-ordered executions of adulterers by stoning were reinstated. For an in-depth analysis of the human rights situation prevailing in the country, reference is made to the report of the Special Rapporteur on the situation of human rights in Afghanistan (E/CN.4/1997/59).
Communications received
5. The Government provided a reply to the case of Mir Wais Jalil, a BBC World Service journalist allegedly found dead after having been abducted in Kabul on 29 July 1994. The Special Rapporteur was informed that Mir Wais Jalil had never been threatened by the Government of Afghanistan and that the killing occurred outside the territory over which it had control. The Government also stated that the ad hoc commission appointed to investigate the assassination of Mir Jalil had not produced any results (10 April 1996).
Follow-up
6. The Special Rapporteur requested more details about the proceedings of the ad hoc commission appointed to investigate the killing of Mir Wais Jalil and about the status of investigations.
Observations
7. The Special Rapporteur thanks the Government for the reply provided in regard to the case of Mir Wais Jalil. He calls on all warring factions in the country to respect international human rights and humanitarian law standards and, in particular, to protect at all times the right to life of civilians and other non-combatants. The Special Rapporteur deeply regrets the killing of the former Afghan President Najibullah by the Taliban after his abduction from the compound in Kabul of the United Nations Mission in Afghanistan. [back to the contents]
Algeria
Information received and communications sent
8. As in previous years, the scanty information brought to the attention of the Special Rapporteur indicates that human rights violations, and in particular extrajudicial, summary or arbitrary executions, continue to occur on an alarming scale.
9. There are disturbing reports of the existence of civilian militias formed by the Algerian Government and integrated into the security forces. They are said to be involved in violations of the right to life.
10. The Special Rapporteur transmitted allegations he had received to the effect that, on 22 July 1994, the gendarmerie in Tixter (Bordj-Bou-Arreridj) were informed by a citizen of the discovery of 15 bodies with bullet wounds in Dhalaâ forest (commune of Taghrout). According to the information received, no action has been taken to elucidate the circumstances of death or to identify the bodies.
Communications received
11. The Government replied to the allegations transmitted by the Special Rapporteur, stating that because of serious mutilation it had been possible to identify only three of the bodies, which were those of Nadji Benhammadi, Azzouz Maarcha and El Kheir Bouadi. In addition, the Special Rapporteur was informed that a preliminary inquiry had been initiated by the Public Prosecutor's Office but had yielded no further information. A judicial inquiry was then opened. The investigation is reportedly continuing (22 October 1996).
Follow-up on invitations to visit Algeria
12. The Special Rapporteur expressed appreciation to the Government for the invitation extended to him, in a letter of 15 November 1993, to visit Algeria and informed it of his interest in making the visit before mid-February 1997 (28 August 1996).
Observations
13. The Special Rapporteur wishes to thank the Algerian Government for the information which it has kindly brought to his attention. He remains concerned at the high level of violence in Algeria and is very worried about the persistent allegations of violations of the right to life committed both by the security forces and by the armed Islamic groups. He regrets that, at the time this report was completed, there had been no response to his acceptance of the Algerian Government's invitation. [back to the contents]
Angola
Information received and communications sent
14. The Special Rapporteur continued to receive allegations and information to the effect that the security forces, on the one hand, and the National Union for the Total Independence of Angola (UNITA), on the other, were responsible for numerous extrajudicial, summary or arbitrary executions. Furthermore, reports that journalists who had criticized the Government had received death threats were brought to the Special Rapporteur's attention. It is further reported that police officers have shot at suspects on sight instead of trying to arrest them.
15. The Special Rapporteur was also informed of the lack of significant progress in judicial investigations involving the Angolan Government's security forces. The few investigations which were opened reportedly yielded no practical result.
16. In a letter addressed to the Government, the Special Rapporteur transmitted allegations of violation of the right to life of the following persons: José Adao Da Silva, UNITA provincial secretary in Luanda and elected member of the National Assembly, shot by two police officers on 14 July 1996; Antonio Maltey, died of bullet wounds in hospital. According to the information received, he had been the victim of persecution since 1993 because of his contacts with members of his family belonging to UNITA.
Follow-up
17. The Special Rapporteur sent a follow-up letter to remind the Angolan Government that no reply had yet been received concerning the allegations transmitted by him during the period under consideration.
Observations
18. The Special Rapporteur regrets that he has not received from the Angolan Government any information concerning the allegations transmitted. He continues to be seriously concerned at the fact that the human rights violations particularly affect a civilian population which has been sorely tried by more than 20 years of civil war. He urges the two parties to the conflict to respect the agreements concluded for the restoration of peace in Angola. To this end, he suggests to the Government that it should, with the United Nations Angola Verification Mission (UNAVM III), undertake a large-scale initiative to rid the country of mines. Millions of anti-personnel mines which have been laid all over Angola have already killed or maimed a very large number of civilians, including women and children.
[back to the contents]
Argentina
Information received and communications sent
19. The Special Rapporteur sent two urgent appeals to the Government of Argentina, one of them on behalf of the 17-year-old Alejandro Mirabete and his relatives, after he had been informed that two police officers in civilian clothes had shot and seriously wounded him in the Belgrano district of Buenos Aires. He also learned that relatives of Alejandro Mirabete had been under surveillance by police officers in civilian clothes and had received intimidating telephone calls (6 March 1996). He expressed regret at the news of the death of Alejandro Mirabete, who succumbed to his serious wounds shortly afterwards.
20. In addition, the Special Rapporteur sent an urgent appeal on behalf of Mr. Federico Alberto Hubert, the lawyer responsible for the case of Diego Rodríguez Laguens, after learning that the threats and intimidation to which he had been subjected were continuing. These new threats follow a series of acts of intimidation against the lawyer and relatives of Diego Rodríguez Laguens, a 26-year-old engineer who died in 1994 while in police custody in San Pedro, Jujuy. The Special Rapporteur sent a number of urgent appeals on behalf of the victim's lawyer and relatives in previous years (21 May 1996).
21. The Special Rapporteur also transmitted to the authorities the complaints he had received about the alleged extrajudicial, summary or arbitrary executions of the following persons:
(a) Pedro Salvador Aguirre, who was killed on 5 July 1996 in the district of Laguna, Seca, Corrientes, by a number of men who were allegedly police officers;
(b) José Delfín Acosta, Uruguayan citizen, black, domiciled in Buenos Aires, died on 5 April 1996 shortly after having been arrested by officers from the Fifth Federal Police Station. The Special Rapporteur was informed that the officers had beaten him and that, after he had begun to suffer convulsions, he had been taken by ambulance to Ramos Mejia hospital but was dead on arrival.
Communications received
22. The Argentine Government informed the Special Rapporteur that, in connection with the Diego Rodríguez Laguens case, a public hearing was due to have been held on 6 November 1995 but was suspended and postponed until 1996. The Under-Secretariat for Human Rights (Ministry of the Interior) contacted the victim's family and lawyer, who raised no objection. As to the threats and intimidation suffered by Mr. Hubert, they were reported and were being investigated by the Third Rota Court of Formal Investigation in Salta, the proceedings being at the pre-trial stage. The Government also informed the Special Rapporteur that Mr. Hubert was under protection by the Salta and Jujuy branches of the Federal Police (13 December 1995). The Government later reiterated that the relatives and the lawyer were all under permanent protection by the Salta and Jujuy branches of the Federal Police (19 June 1996).
23. The Argentine Government replied to the urgent appeal sent by the Special Rapporteur on behalf of Alejandro Mirabete in communications of 25 March and 19 July 1996. According to the Government's reply, judicial proceedings were initiated in Juvenile Court No. 6 in Buenos Aires. After the boy's death, the case was transferred to Criminal Investigation Court No. 30 in Buenos Aires, and prosecution proceedings and the pre-trial detention of a police officer were ordered. The proceedings are still under way.
Follow-up
24. In a follow-up communication to the Government, the Special Rapporteur referred to additional information received from the sources in connection with the death of Diego Rodríguez Laguens. These sources stated that, on 31 May 1996 in Jujuy, three policemen had been tried and sentenced to 16 years' imprisonment for his murder. The Special Rapporteur was also informed that the defendants had appealed against the sentence and that the victim's family had been awarded US$ 100,000 in compensation. According to the information received, after statements by Mr. Hubert when the sentence was known, the court ordered him to be detained for five days for having made offensive comments about the judiciary; the detention order was suspended shortly afterwards. In that connection, the Special Rapporteur requested the Government to inform him of the result of the appeal. In the same communication, he requested information about judicial developments in the Alejandro Mirabete case.
Observations
25. The Special Rapporteur thanks the Government of Argentina for the information provided in reply to his various communications. He regrets that although he transmitted a number of urgent appeals in previous years on behalf of Pedro Salvador Aguirre (see E/CN.4/1994/7, para. 121), this man was murdered. In this connection, he urges the authorities to adopt all necessary measures for the protection of persons whose life or person may be in danger. He welcomes the sentence imposed on the persons responsible for the death of Diego Rodríguez Laguens and the compensation awarded to the family. [back to the contents]
Armenia
Information received and communications sent
26. The Special Rapporteur sent an allegation of an extrajudicial, summary or arbitrary execution to the Government of Armenia concerning Rudik Vartanian who reportedly died on 21 January 1993 in police custody as a result of injuries inflicted during a severe beating.
Communications received
27. The Government provided the Special Rapporteur with a reply to the allegations he had transmitted in 1995 regarding Ardavast Manukian, a member of the Armenian Revolutionary Federation, who reportedly died in custody, and regarding eight unidentified prisoners of war of Azerbaijani nationality who allegedly died in the Armenian Ministry of Defence prison in Yerevan. Concerning the alleged death in custody of Ardavast Manukian, the Government informed the Special Rapporteur that two autopsies had been carried out, from which it had been concluded that he had died of natural causes. The Government also stated that, according to the medical file, he had received appropriate medical treatment. Criminal investigations carried out by the Investigations Department of the office of the Public Prosecutor of the Republic of Armenia had established no unlawful acts on the part of the medical personnel, officials or other persons. With regard to the eight unidentified prisoners of Azerbaijani origin, the Government informed the Special Rapporteur that they had committed suicide after an unsuccessful attempt to escape from the prison (29 November 1995).
28. In response to the Special Rapporteur's follow-up communication of 1 September 1996 (see below, under follow-up) in which the Special Rapporteur requested additional information on the case of the eight unidentified prisoners of war of Azerbaijani nationality, the Government provided the clarification that the conclusion that the persons in question had committed suicide was based on testimonies of fellow Azerbaijani prisoners and of wardens, as well as on the findings of the forensic medical and ballistic examinations. The Government also informed the Special Rapporteur that the case had been investigated by the Military Procurator and that the findings of the investigation and the grounds for the decision taken in the case had been reported in the mass media (31 October 1996).
29. In regard to the case of Rudik Vartanian, the Government indicated in its reply that the autopsy had established that his death had been caused by severe damage to the brain caused by a blunt instrument and that criminal proceedings had been initiated in connection with this incident (31 October 1996).
Follow-up
30. The Special Rapporteur thanked the Government of Armenia for the replies provided and sought further clarification in regard to the eight unidentified prisoners of war of Azerbaijani nationality who died in custody in Yerevan on 29 January 1994, in particular as to the investigations carried out and the evidence on which the authorities based their conclusion. [back to the contents]
Australia
Information received and communications sent
31. The Special Rapporteur received information concerning deaths in custody of persons of Aboriginal origin in Australia. According to the source, since 1989, 55 persons of Aboriginal origin had died while in custody, among them 11 minors and 7 women. The source alleged that many of those deaths could occur because recommendations made by the Royal Commission into Aboriginal Deaths in Custody (RCADIC) in its National report published in 1991 had not been implemented to any meaningful degree.
32. The Special Rapporteur was also informed that those deaths were in many cases investigated by means of a coroner's inquiry. According to the source, in a significant number of cases coroners' reports did not give a meaningful explanation of how deaths occurred and included no investigation into underlying issues.
33. In this regard, the Special Rapporteur transmitted the following allegations of violations of the right to life of persons of Aboriginal origin to the Government of Australia: Daphne Armstrong, who reportedly died on 25 May 1992 in Brisbane Watchhouse from heart failure after having been arrested for alleged drunkenness; Barry Raymond Turbane, who reportedly committed suicide on 7 April 1993 in the Arthur Gorrie Correctional Centre, Queensland, allegedly as a result of insufficient supervision; Danial Yock, who reportedly died on 7 November 1993 at Brisbane Watchhouse shortly after his arrest; Rickey Young, who reportedly died on 12 August 1993 in Launceston General Hospital, Tasmania, after he had been shot in the abdomen by a police officer; Janet Blundell, who reportedly died on 10 February 1992 shortly after her arrest.
Follow-up
34. The Special Rapporteur sent a letter reminding the Government of Australia of the cases transmitted earlier in the year to which no reply had yet been received.
Observations
35. The Special Rapporteur regrets that at the time the present report was finalized, no replies had been received from the Government. He is concerned at the allegations of death in custody of persons of Aboriginal origin. [back to the contents]
Azerbaijan
Information received and communications sent
36. The Special Rapporteur was informed that a high number of deaths occurred among prisoners as a result of overcrowding, which was reportedly so severe that it created unsanitary conditions in which the spread of diseases was difficult to check. According to the information received, an official of the Ministry of Health of the Republic of Azerbaijan was quoted in October 1995 as reporting that, in 1994, 244 out of a total of 320 prisoners infected with tuberculosis had died, and that in 1995 the number of prisoners suffering from tuberculosis had reached 1,200.
37. The Special Rapporteur also transmitted the case of Aypara Aliyev, who reportedly died on 25 November 1995 in a prison hospital in Baku as a result of inadequate medical treatment. According to the information received, he was transferred from the medical facility of the Bayilov prison in Baku only after he fell into a coma on 22 October 1995.
Communications received
38. In response to the case of Aypara Aliyev, the Government provided the Special Rapporteur with general information concerning the procedure for investigating deaths in custody, bringing perpetrators to justice and providing compensation.
Follow-up
39. The Special Rapporteur sent a follow-up letter, reminding the Government of Azerbaijan of the cases transmitted during 1995 and 1996.
Observations
40. The Special Rapporteur thanks the Government for the reply provided, but notes that a reply of such a general nature does not meet his request for specific information contained in the letter which accompanied the alleged case of an extrajudicial, summary or arbitrary execution. The Special Rapporteur calls on the Government to take all necessary measures to ensure the right to life of all persons detained or imprisoned in accordance with the Standard Minimum Rules for the Treatment of Prisoners, the Basic Principles for the Treatment of Prisoners and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. [back to the contents]
Bahrain
Information received and communications sent
41. The Special Rapporteur received reports indicating that political violence and unrest, which had started at the end of 1994, escalated in early 1996 and that the authorities of Bahrain responded to the unrest with massive arbitrary arrests, torture of detainees, sometimes resulting in death, and extrajudicial killings. It was also brought to the Special Rapporteur's attention that on 26 March 1996 Bahrain carried out its first execution of a death sentence in almost 20 years. The previous execution reportedly took place in March 1977.
42. The Special Rapporteur transmitted three urgent appeals to the Government of Bahrain, all of them relating to the imposition of the death penalty after judicial proceedings which were reported to have fallen short of international fair trial standards.
43. Two of these urgent appeals were sent on behalf of 'Issa Ahmad Hassan Qambar who was reportedly sentenced to death for the murder of a police officer in 1995. According to the source, 'Issa Ahmad Hassan Qambar was not represented by a lawyer until he appeared in court. The source had also expressed fears that the confession upon which the conviction was based might have been extracted under torture by security forces during his pre-trial detention (20 and 26 March 1996). The Special Rapporteur learned with regret that 'Issa Ahmad Hassan Qambar was executed on 26 March 1996.
44. The Special Rapporteur also sent an urgent appeal on behalf of 'Ali Ahmad Abed Al-Usfur, Yousef Hussein 'Abdelbaki and Ahmad Khalil Ibrahim Habil Al-Kattan who were reportedly sentenced to death by the State Security Court after being convicted of carrying out a firebomb attack on a restaurant in which seven expatriates were killed. The State Security Court reportedly does not allow for appeals. Furthermore, it was reported that the defendants might have been convicted on the basis of confessions extracted under torture by security forces during their pre-trial detention (3 July 1996).
45. In addition, the Special Rapporteur transmitted allegations of violations of the right to life in regard to the following four identified persons: Fadhil Abbas Marhoon, reportedly shot on 3 May 1996 by security forces during a peaceful demonstration in Karzakkan and taken into custody where he reportedly died some days later; Abdul Amir Hassan Rustum, who reportedly died on 11 May 1996 as a result of injuries inflicted by security forces when they intervened in a peaceful demonstration in Daih on 9 May 1996; Zahra Kadhem Ali, who reportedly died on 23 July 1996 in a military hospital some hours after being shot by security forces; Ali Amin Mohammed, who reportedly died in custody as a result of torture (30 September 1996).
Communications received
46. The Government of Bahrain provided a reply to the urgent appeals sent on behalf of 'Issa Ahmad Hassan Qamber, informing the Special Rapporteur that his trial was public and fair and in full compliance with international norms and principles (9 April 1996). In its reply concerning the case of Ali Amin Mohammed who reportedly died in custody as a result of torture, the Government stated that he had died of heart failure (31 October 1996). In regard to the urgent appeal sent on behalf of Ali Ahmad Abed al-Usfur, Yousef Hussein 'Abdelbaki and Ahmad Khalil Ibrahim Habil al-Kattan, the Government replied that they had been convicted after due process of law (31 October 1996).
47. The Government also informed the Special Rapporteur that the events and activities it had to face, including murder, bombing, arson and the destruction and looting of public and private property, were foreign-backed terrorist activities (11 April 1996).
Follow-up
48. The Special Rapporteur requested the Government to furnish additional information in regard to the cases of Hani Al-Wasti, Hani Abbas Khamis and 'Issa Ahmad Hassan Qambar, after the source provided him with further information contradicting the Government's response. In the same letter the Special Rapporteur also reminded the Government of the cases sent earlier during the year to which a reply had yet to be received.
Observations
49. The Special Rapporteur wishes to thank the Government of Bahrain for the replies provided. The Special Rapporteur continues to be concerned about the allegations he has received regarding violations of the right to life. The Special Rapporteur calls on the Government to take the necessary steps to prevent further killings of demonstrators, in accordance with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, and to respect all international fair trial standards in death penalty cases.
[back to the contents]
Bangladesh
Information received and communications sent
50. The Special Rapporteur received numerous reports indicating that violations of the right to life of persons of Chakma ethnic origin continued to be committed by members of the Bangladeshi armed forces.
51. In this context, he transmitted allegations of violations of the right to life of the following persons in the Chittagong Hill Tracts: Amar Bikash Chakma, reportedly killed on 7 March 1996 by members of the Bangladeshi armed forces in Khabangpuiya, Khagrachari when they opened fire on demonstrators; Kyaw Jai Marma, reportedly shot and killed on 31 March 1996 by members of the police during a peaceful demonstration in Khagrachari.
52. In addition, he transmitted allegations regarding two unidentified students, possibly belonging to a minority, who were reportedly killed by plain-clothed police officers in a dining room of the University of Dhaka.
Communications received
53. The Government informed the Special Rapporteur that the allegations transmitted during 1995 and 1996 were being investigated and that a reply would be provided as soon as the relevant authorities have completed their inquiries (12 June 1996 and 5 October 1996).
Follow-up
54. The Special Rapporteur sought further clarification in regard to the cases of Lal Rijot Bawn and one unidentified person, later identified as Nabo Alo Chakma, after having received additional information from the source which contradicted the Government's reply. In the same letter, the Special Rapporteur also reminded the Government of the cases sent during 1995 and 1996 to which no reply had yet been received.
Observations
55. The Special Rapporteur is concerned about the persistent reports of violations of the right to life committed by members of the armed forces in Bangladesh, in particular in the Chittagong Hill Tracts, although he only received information sufficiently detailed to act upon in two individual cases that occurred in 1996. He calls on the Government to bring those responsible for violations of the right to life to justice and to take appropriate measures to ensure that such violations do not recur. He also wishes to express once again his interest in visiting the country and hopes that the authorities will reconsider their refusal to extend an invitation to him. [back to the contents]
Belgium
56. The Special Rapporteur welcomes the abolition in August 1996 of the death penalty for all crimes in Belgium, following the promulgation of a bill and its publication in the official gazette on 1 August 1996.
[back to the contents]
Bolivia
Information received and communications sent
57. During 1996, the Special Rapporteur received information on the excessive use of force by the Mobile Rural Patrol Unit (UMOPAR), particularly in clashes with coca-growers. In this connection, he transmitted to the Government of Bolivia complaints about alleged violations of the right to life of the following persons:
(a) Juan Ortiz Díaz, died on 8 August 1995, in a clash between policemen and coca-growers in Ayopaya, Carrasco;
(b) Ramón Crespo Condori, died in a violent clash in Chancadora, Carrasco, between police and coca-growers on 2 September 1995. It was reported that the victim was at the front of a group of coca-growers who were throwing stones at the police;
(c) Roxana Janeth Veliz Vargas, aged 13, died on 15 November 1995, after being shot in the stomach in an altercation in Shinahota;
(d) José Mejia Piso, peasant, killed on 18 August 1995 by a member of the UMOPAR in a clash with local residents in San Gabriel.
58. In addition, in a follow-up communication, the Special Rapporteur reminded the authorities that he had not yet received a reply about the above-mentioned cases or about the case of Felipe Pérez, a peasant allegedly killed by police officers in August 1994, referred to the Bolivian Government in 1995.
Observations
59. The Special Rapporteur regrets that no reply has been received from the Government concerning the communications sent since 1995. He invites the Government to take the necessary measures, in conformity with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, in order to avoid any repetition of incidents similar to those mentioned above. He urges the Bolivian authorities to ensure that law enforcement officials receive comprehensive training in human rights questions and, above all, concerning limitations on the use of force and firearms in the performance of their duties. [back to the contents]
Botswana
Follow-up
60. The Special Rapporteur sent a letter to remind the Government that a reply had yet to be received concerning the case of Binto Moroke, who was reportedly killed on 19 February 1995 in Mochudi. [back to the contents]
Brazil
Information received and communications sent
61. Information brought to the attention of the Special Rapporteur during 1996 indicates that violations of the right to life have continued to occur, mainly in the context of conflict over land. Excessive use of force by military police carrying out evictions of landless rural workers has led to the loss of many lives. In addition, it has been reported that gunmen, some of them allegedly policemen, reportedly hired by local landowners, have been responsible for threatening, harassing and in some cases killing peasants and indigenous leaders claiming their rights over land. The Special Rapporteur was informed that Decree 1775/96, issued by the Federal Government in January 1996, provided procedures for administrative claims by non-indigenous claimants to indigenous areas already demarcated as such. Several sources expressed concern that the uncertainty created by this decree could lead to violent incursions onto indigenous lands and to human rights abuses.
62. The Special Rapporteur transmitted five urgent appeals to the Government of Brazil on behalf of the following persons:
(a) Witnesses and relatives of the victims of the Vigario Geral massacre and members of the Casa de Paz in Vigario Geral, after having been informed that Fábio Goncalves Cavalcante and Edval Silva were killed in Vigario Geral, allegedly by police officers, in similar circumstances to the 1993 Vigario Geral massacre. According to the information received by the Special Rapporteur, the killings occurred during pre-trial proceedings against 56 policemen accused of participating in the Vigario Geral massacre (6 February 1996). The Special Rapporteur sent a second urgent appeal on their behalf, after being informed that they continued to be threatened and harassed, particularly following the conditional release in February of 18 of the policemen accused of carrying out the massacre (7 March 96);
(b) 250 members of the Guarani-Kaiowá indigenous community in Jarara, following a court ruling to evict them from the land they occupied in Jarará, Juti municipality, Mato Grosso do Sul (23 May 1996);
(c) 200 squatter peasant (posseiro) families on the São Francisco estate, following the killing of Manuel Morães de Souza and two other men, known as Sebastião and Valério, by unidentified gunmen, reportedly members of the police hired by local landowners (30 August 1996);
(d) Luiz Gonzaga Danteas and Roberto Monte, both human rights defenders with the Centro de Direitos Humanos e Memória Popular, and an unknown witness, following the killing of human rights lawyer Francisco Gilson Nogueira de Carvalho in Natal, Rio Grande do Norte. Reportedly he was investigating the involvement of members of the Rio Grande do Norte civil police in death squad activities (24 October 1996).
63. In addition the Special Rapporteur transmitted allegations he had received concerning the violations of the right to life of the following persons:
(a) Journalists, reportedly killed in May and August 1995: Marcos Borges Ribeiro, owner of the newspaper O Independente of Rio Verde, killed by a policeman, following publication of an article in which he accused members of the local police of being involved in violations of human rights; Aristeu Guida da Silva, owner of A Gazeta de Sao Fidelis, threatened with death and killed, following the publication of some articles accusing municipal counsellors (consejeros municipales) of Sao Fidelis of irregularities; Reinaldo Countinho da Silva, owner of Cachoeiras Hornal of Cachoeira de Macacu, Rio de Janeiro, killed in Sao Gonçalo. His newspaper had reportedly accused members of the local police of irregularities in their work;
(b) 20 peasants, reportedly killed on 17 April 1996, during a confrontation between Pará State Military Police and some 2,000 landless peasants. According to the source, members of the military police who were trying to break up a demonstration of peasants belonging to the Movimento de Trabalhadores Rurais Sem Terra (Movement for Landless Rural Workers), in Eldorado do Carajás, opened fire against them.
Communications received
64. The Government of Brazil informed the Special Rapporteur that, regarding the death of Reinaldo Silva, judicial investigations were still under way (12 December 1995).
65. Regarding the alleged death threats against the Macuxi indigenous community, the Government informed the Special Rapporteur that investigations into the incidents were being conducted by the federal and state police and that lawsuits in this regard had been submitted to the federal and state judiciary systems. In addition, the Government provided general information regarding the Macuxi indigenous community and stated that the land that community occupied in Raposa/Serra do Sol had not yet been recognized by the Minister of Justice as of permanent indigenous occupation. The Government also explained that the Fundação Nacional do Indio (FUNAI) had declared itself in favour of demarcation of that land after having undertaken anthropological and land studies (23 January 1996).
66. In addition, the Government provided information regarding the incidents which took place in Eldorado de Carajás in which 20 persons were allegedly killed. According to the Government, the Attorney-General of the Republic had requested an inquiry to be opened to determine the possible responsibility of the Governor of Pará. The Government stated that six witnesses had been granted protection by the Federal Police. Furthermore, a total of 155 persons, including a colonel, a commander of the 4th Battalion of the military police in Marabá, a lieutenant-colonel, a major and a captain, would be brought to justice. Disciplinary measures had been taken against the accused. In addition the Government informed the Special Rapporteur that the Government of Pará was elaborating a draft bill providing for the compensation of the surviving victims and families of the deceased (23 July 1996).
Follow-up
67. By a follow-up communication, the Special Rapporteur requested the Government to provide further details regarding the judicial proceedings in the case of Reinaldo Silva and the incidents in Eldorado de Carajás in which 20 peasants were reportedly killed. In particular he requested details concerning the content of the draft bill which was being elaborated by the Government of Pará with the aim of providing compensation for the surviving victims and families of those killed. He also asked the Government to inform him whether the draft bill had been adopted.
68. In the same communication the Special Rapporteur brought to the attention of the Government that, according to the source, to that date, no one had been brought to justice in relation to the Corumbiara massacre. He also informed the Government that, according to additional information he had received regarding the Candelaria massacre, one military policeman had been sentenced to 309 years' imprisonment for his involvement in the massacre. His sentence had shortly thereafter been reduced to 89 years after a retrial. Other military police officers accused had not yet stood trial. The Special Rapporteur requested the Government to provide him with additional information regarding the trial procedures, as well as with further judicial developments.
Observations
69. The Special Rapporteur thanks the Government of Brazil for the replies provided and the willingness shown to cooperate with his mandate. He is concerned about allegations of violations of the right to life in the context of land conflicts and expresses deep concern at the reported excessive use of force by law enforcement officials, particularly when carrying out eviction orders. While deploring the tragic events of Eldorado de Carajás, he urges the authorities to ensure that law enforcement officials receive thorough training in human rights matters and in particular with regard to the restrictions on the use of force and firearms in the discharge of their duties.
70. The Special Rapporteur reiterates his concern about allegations of harassment and violations of the right to life against witnesses of human rights violations and relatives of victims. He urges the authorities to take all necessary measures to ensure that witnesses of human rights violations involved in judicial proceedings are given effective State protection. [back to the contents]
Bulgaria
Information received and communications sent
71. The Special Rapporteur received information which indicated that in May 1995 the Minister of the Interior of Bulgaria had stated that 17 people had died in suspicious circumstances in police custody during the previous 14 months. No information was given on how many of these deaths were reportedly investigated or on the results of such investigations. The Special Rapporteur was also informed that official statistics on deaths in custody are not made public.
72. The Special Rapporteur transmitted allegations of deaths in custody in regard to five identified persons: Khristo Khrsitov, who reportedly died on 5 April 1995 in Sofia, allegedly as a result of a blow to the chest, after he had been arrested on suspicion of theft; Kostadin Timchev, aged 17, reportedly arrested in Plovdiv on 24 April and taken to the Dimitrovgrad hospital on 25 April 1995 with a brain haemorrhage, allegedly resulting from a blow to the head and causing his death five days later; Iliya Gherghinov, belonging to the Roma ethnic minority, whose body was reportedly found on 10 February 1995 after having been tortured in the Gradets police station the previous day; Assen Ivanov, aged 17 and belonging to the Roma ethnic minority, who reportedly died on 12 February 1995 in a hospital in Sandanski as a result of torture while in police custody; Angel Zubchinov, who was reportedly brought from the police station to the hospital in Razgrad where he died on 30 January 1996, allegedly as a result of brain haemorrhage following a blow to the head.
Communications received
73. The Government provided a reply to the cases transmitted during 1995 and most of those sent during 1996.
74. In respect of the case of Lyubcho Sofiez Terziev, who reportedly died in police custody in Kanzanluk on 6 August 1994, the Government informed the Special Rapporteur that the forensic medical report on the corpse had concluded that death had been caused by multiple traumas on the head, torso and limbs that led to traumatic shock. The Special Rapporteur was also informed that the preliminary proceedings had not been completed and the perpetrator of the crime not identified (12 March 1996).
75. In regard to the case of Angel Angelov, who was reportedly shot dead by a police officer on 20 March 1995, the Government responded that the police officer who had shot him had done so in self-defence when attacked by the victim with a pickaxe, and after having fired a warning shot in the air. The Government also informed the Special Rapporteur that preliminary proceedings had not yet been completed (23 May 1996).
76. In addition, the Government provided a response in the cases of Khristo Khrsitov, Assen Ivanov, Iliya Gherghinov, and Angel Zubchinov, which were transmitted in 1996. The Government informed the Special Rapporteur that three police officers had been found guilty by the Sofia Military Court of beating Khristo Khrsitov, and that two of them had been sentenced to 20 years' imprisonment and one to 18 years. In regard to the case of Assen Ivanov, the Government stated that the investigation had not yet been concluded owing to delayed expertise but that a preliminary investigation had shown no evidence that police officers had beaten and struck Ivanov while he was detained. In regard to Iliya Gherghinov, the Special Rapporteur was informed that, in the absence of evidence of death caused by violence, the Sliven Prosecutor's Office had ruled suspension of the proceedings for lack of criminal offence. In respect of the case of Angel Zubchinov, the Government responded that the Military Prosecutor's Office in Varna had not been notified of the case and that an inquest had been instituted (23 September 1996).
Follow-up
77. The Special Rapporteur requested additional information on the cases of Lyubcho Sofiez Terziev and Angel Angelov, in particular in regard to investigations conducted and the status of preliminary proceedings.
Observations
78. The Special Rapporteur wishes to thank the Government of Bulgaria for the replies provided. He is, however, concerned that in most of the cases the perpetrators have not yet been brought to justice. The Special Rapporteur calls on the Government to take all necessary measures to reduce the number of deaths occurring in custody and to deploy every effort to ensure full respect for international norms and principles prohibiting any form of cruel, inhuman, or degrading treatment. He also urges the Government to provide adequate compensation to the families of the victims of violations of the right to life. [back to the contents]
Burkina Faso
Information received and communications sent
79. The Special Rapporteur's attention was drawn to the allegations that Akou Agoudwo, Adi Bagnion, Kossi Gouniabou, Akandoba Kobora, Kgoissan Kibora (or Ziou) and two other unidentified persons had been executed by members of the security forces on 5 or 6 March 1996. Over 100 people had been arrested on 26 February 1995 in the village of Kaya, following an argument between two villagers which degenerated. Members of the armed forces were reportedly deployed to assist the police and restore order in Kaya. One of the unidentified persons is reported to have died in detention.
Follow-up
80. The Special Rapporteur also reminded the Government that no reply had been received concerning the allegations transmitted in 1995. In addition, he requested clarification concerning the executions of Akou Agoudwo, Adi Bagnion, Kossi Gouniabou, Akandoba Kibora, Kgoissan Kibora and three other unidentified persons, about whom the authorities had provided no explanation. He can only strongly urge the Government to inform him of the efforts made by the competent authorities to ensure that such acts do not recur, that their perpetrators are brought to justice and that the victims' families are compensated.
[back to the contents]
Burundi
Information received and communications sent
81. The reports and allegations which the Special Rapporteur has received in 1996 have caused him serious concern because of the renewed outbreak of extrajudicial, summary or arbitrary executions in Burundi.
82. As in previous years, the Special Rapporteur received numerous allegations of attacks on the right to life, in particular massacres or serial killings. According to these reports, the majority of these flagrant violations were attributable to elements of the Burundian army, while a fairly large number of incidents and massacres were attributed to Hutu rebel groups and Tutsi militias. According to the information brought to his attention, the armed conflict had spread, by early March 1996, to most provinces of Burundi, causing a large number of victims and displaced persons. On 25 July 1996 alone, the date of the coup d'état, soldiers reportedly shot 31 persons in the commune of Gihéta, province of Gitega.
83. The recent events in Zaire have caused further disturbances in the provinces of Kayanza, Karuzi, Muramvya and Gitega, and violent clashes in south-eastern Burundi between the Burundian army and rebel groups trying to reach Tanzania. The widespread insecurity in Burundi is making especially difficult the task of the humanitarian organizations attempting to bring relief to the civilian population, who are the main victims of the conflict in Burundi. The arrival of scores of thousands of returnees from Zaire has made the precarious situation prevailing in Burundi even more critical.
84. A detailed analysis of the situation of human rights in Burundi is contained in the reports of the Special Rapporteur on the human rights situation in Burundi (A/51/459 and E/CN.4/1997/12 and Add.1).
85. The Special Rapporteur addressed an urgent appeal to the authorities after being informed of the forcible expulsion of 392 Burundian refugees in Rwanda to the province of Cibitoke on 30 September 1996 by soldiers of the Rwandan Patriotic Army, at a time when numerous human rights violations had been reported in that region. He sent a second urgent appeal for the right to life and physical integrity of 89 persons sentenced to death by criminal courts to be guaranteed. He sent the two urgent appeals jointly with the Special Rapporteur on the human rights situation in Burundi (24 October 1996).
86. On the occasion of the tragic death, on 4 June 1996, of three delegates from the International Committee of the Red Cross (ICRC) following the deliberate attack on their vehicle near the village of Mugina in the province of Cibitoke, the Special Rapporteur, jointly with the Special Rapporteur on the human rights situation in Burundi, addressed a letter, dated 7 June 1996, to the President of the Republic and the Prime Minister expressing their extreme disgust at that act, whose perpetrators have not been identified or troubled to this day. On the same day, the two Special Rapporteurs addressed a letter of condolence to the President of ICRC expressing their deep sympathy with the families of the three delegates.
Communications received
87. On 20 and 24 June 1996, the President of the Republic and the Prime Minister replied to the two Special Rapporteurs, deploring this incident and informing them that they had recommended and demanded a neutral inquiry to identify the perpetrators.
Observations
88. The Special Rapporteur regrets that he has not so far received any comment in response to his report on his mission to Burundi in April 1995 (E/CN.4/1996/4/Add.1). He is extremely concerned at the deterioration in the human rights situation in this country, and in particular at the massacres of civilians, including women, children and elderly people, which have shown little sign of declining since the coup d'état of 25 July 1996.
89. Being fully aware of the implications of the situation in Burundi for the Great Lakes region, the Special Rapporteur strongly recommends that the three Special Rapporteurs monitoring the human rights situation in Burundi, Rwanda and Zaire should energetically pursue their efforts to devise an integrated approach to the common problems confronting the three countries. [back to the contents]
Cambodia
Information received and communications sent
90. According to the various reports which have been submitted to the Special Rapporteur, a climate of impunity is strongly entrenched in Cambodia. According to the information received, when perpetrators of human rights violations are prosecuted, they are given acquittals which are to say the least, suspect. For a thorough analysis of the human rights situation in Cambodia, the Special Rapporteur would refer to the report of Mr. Hammarberg, Special Representative of the Secretary-General for human rights in Cambodia (E/CN.4/1997/85).
91. The Special Rapporteur addressed an urgent appeal to the Government on 15 February 1996, requesting the authorities to take the necessary measures to guarantee the protection of Christine Alfsen-Norodom, a United Nations staff member, and her three children. Christine Alfsen-Norodom reportedly received death threats on 12 February 1996 aimed at preventing her from attending the trial of her husband, Prince Norodom Sirivudh, who had been charged with conspiracy to assassinate the Deputy Prime Minister.
92. The Special Rapporteur also communicated to the Government allegations he had received concerning extrajudicial executions of the following persons: Thun Bun Ly, killed on 18 May 1996 in Phnom Pen. He had reportedly been arrested earlier for having published an article deemed to be defamatory in the 30-31 October 1994 edition of Oddomkete Khmer; Chhoern Korn, Oeurng Chhoeurb and Chourn Chhang, all three killed for having established contacts with the National Army of Democratic Kampuchea; Rueng Tahn, a young mentally disabled man suffering from speech problems, who was shot by a militiaman in a village in the province of Battambang in April 1995; Klaeng Chhiep, killed by the Deputy Prefect and seven members of the local militia in the village of Voat Chaeng.
Follow-up
93. In a letter addressed to the Government, the Special Rapporteur expressed concern at the failure to respond to the urgent appeal relating to Christine Alfsen-Norodom, and reminded the Government that no reply had yet been received concerning the allegations he had transmitted in 1995.
Observations
94. The Special Rapporteur regrets that, at the time this report was finalized, he had received no reply from the Government. He requests the authorities to make impartial and exhaustive inquiries into the allegations of violations of the right to life, to identify those believed to be responsible and bring them to justice, to pay adequate compensation to the victims or their families, and to take the necessary measures to prevent any recurrence of such violations. [back to the contents]
Chile
95. The Special Rapporteur transmitted a follow-up letter reminding the Government of Chile that no reply had so far been received concerning the case of Nelson Riquelme Albornoz, a 16-year-old student who died in 1995 in the course of a demonstration commemorating the military coup of 11 September 1973.
96. In the same communication, the Special Rapporteur referred to additional information received from the source about the case of Carmelo Soria, a staff member of the United Nations Latin American Centre for Demography, who was killed in 1976 by agents from the Directorate of National Intelligence (DINA), subordinate to the Government of General Pinochet. According to that information the Supreme Court judge had decided to dismiss the case on the grounds that the accused were covered by the amnesty law adopted by the military regime itself. The Special Rapporteur requested the Government to inform it of any developments in this case.
97. In a letter of 29 October 1996, the Government of Chile provided information on judicial proceedings to date in the Carmelo Soria case, transmitting a copy of the decision of the Supreme Court of Justice, which dismissed the proceedings pursuant to the Decree-Law on Amnesty. The Government informed the Special Rapporteur that on 4 June 1996 the examining judge had ordered a general dismissal of the proceedings under the Amnesty Act (No. 2,191) of 1978. On 7 and 11 June 1996, the complainant lodged an appeal with the Second Division of the Supreme Criminal Court against the decision, and an action of unconstitutionality in respect of the Decree-Law on Amnesty with the plenary Supreme Court. On 23 August 1996 the Supreme Court confirmed the decision handed down by the court of first instance.
98. The Government further informed the Special Rapporteur that judicial proceedings relating to the Nelson Riquelme Albornoz case were under way in the Eleventh Criminal Court in San Miguel. The Government informed him that it deeply regretted the boy's death and that it would use every means within its power to clarify the circumstances of the death and to bring those responsible to justice (1 November 1996).
Observations
99. The Special Rapporteur is grateful for the replies provided by the Government of Chile and its demonstrated will to cooperate with his mandate. He expresses his deep concern at the application of the Amnesty Act of 1978 adopted by the military regime and considers that the application of that Act encourages impunity, being contrary to the spirit of the international human rights instruments. He regrets that the Amnesty Act should have been applied in 1996, thereby ensuring total impunity for the perpetrators of violations of the right to life. He hopes that all necessary measures will be taken to grant redress to the victims' families. [back to the contents]
China
Information received and communications sent
100. As in previous years the Special Rapporteur received numerous reports on the extensive use of the death penalty in China. Various sources made special reference to a nationwide anti-crime campaign, launched on 28 April 1996, which reportedly resulted in the execution of at least a thousand people.
101. The anti-crime campaign reportedly focused primarily on criminal gangs and on crimes such as murder and robbery and led to a number of executions unprecedented since 1983, when a similar nationwide anti-crime campaign had reportedly resulted in thousands of executions in less than three months. According to the information received, the media were fully mobilized to publicize arrests and executions on a daily basis and to exhort local leaders, the police and the judiciary to punish "swiftly and severely" offenders targeted in the campaign. The vast majority of those sentenced to death in the campaign were reportedly executed immediately after summary trials.
102. It has been further alleged that the number of crimes for which the death penalty can be imposed has increased from 21 under the 1980 Criminal Law, to 68 now, embracing many non-violent crimes.
103. According to the information received, trials resulting in the imposition of a death sentence continue to fall short of internationally recognized fair trial standards. In the Chinese legal system there is reportedly no presumption of innocence and the burden of proof is said to be on the accused. Further, it was reported that the determination of guilt is usually not decided by the court but by authorities subject to political interference. It was also brought to the attention of the Special Rapporteur that the defendants' right to counsel is not observed until a few days before trial and that defendants are not given prior notice of the date of trial and consequently may not have timely access to a lawyer. Moreover, witnesses are reportedly not allowed to give evidence in court. Finally, it was alleged that lawyers have access only to a part of the file concerning defendants and that they are barred from challenging the validity of charges against their clients and can only call for mitigation of the sentence.
104. The Special Rapporteur sent an urgent appeal to the Government on behalf of Wu Yidong, Wu Zhe, Wei Yongling and Wang Kaiyou after they were sentenced to death for tax fraud on 18 April 1996 (29 April 1996).
105. In addition the Special Rapporteur transmitted to the Chinese Government allegations of violations of the right to life regarding the following persons:
(a) Li Buchao, Li Fuhai, Si Junchao, Ma Zhenghe, Ma Zhiren, Meng Chegcai, Li Zhidong, Yang Wejun, Ma Zhengfu, Jin Baoyu, Song Wen and 259 unidentified individuals, reportedly executed after a mass sentencing rally against drug related crimes on 30 June 1995. According to the source, both the lower and the higher courts were present at the rally in order to issue and approve sentences expeditiously;
(b) Lin Huixiong, Lin Yiukuan, Qui Guibiao, Lin Yi, Muo Qianguang, Muo Qianzuo, Lin Huxiong, Mo Ganguang, Lin Youkuan, Qu Guibao, Lin Yi, Huang Qiangqui and Mo Ganzuo, all of whom were reportedly sentenced to death for forgery, tax fraud or other economic crimes on 15 June 1995;
(c) Tian Zhijia, Tian Zhiquan and Zhao Lian, reportedly sentenced to death for robbing a car loaded with bank notes. The three were allegedly executed on 31 May 1996, seven days after their arrest;
(d) Bulu Xuano, Ulu Xian, Cao Jian, and Yan Jiao, reportedly found guilty of killing protected species and of smuggling ivory;
(e) Sangye Tenphel, a monk, who allegedly died in custody on 6 May 1996 as a result of beatings by prison guards, and Kelsang Thutop, also a monk, who reportedly died in prison on 5 July 1996 because of insufficient medical treatment. Both monks were held in Drapchi prison.
Communications received
106. The Government informed the Special Rapporteur that the Chinese Criminal Law provides that the death penalty shall only be applied to criminals who have committed the most heinous crimes. The Government also informed the Special Rapporteur that the Chinese Criminal Procedure Law provides for a special review of death sentences by the Supreme Peoples' Court. The same law also states that the accused has the right to legal defence and that the bill of prosecution shall be delivered to the defendant no later than seven days before the opening of the court session, apprising him of the charges against him.
107. Regarding Wang Jianye, who was reportedly extradited from Thailand, the Government stated that this was not a case of extradition, but rather of expulsion by Thailand. According to the Government, contrary to allegations, no commitment regarding his punishment was made. Wang Jianye was subsequently sentenced to death for bribery and embezzlement, crimes which the Government considers especially serious. The Government also replied that he had been given enough time to prepare his defence (4 March 1996).
108. Regarding the case of Luo Guohong, who was reportedly also sentenced to death for embezzlement, the Government informed the Special Rapporteur that the High People's Court of Guangdong had overturned the judgement of the lower court, found Luo Guohong guilty of embezzlement and sentenced him to 15 years' imprisonment with deprivation of political rights for 5 years (27 May 1996).
109. In addition, the Government provided a detailed reply to the follow-up letter sent by the Special Rapporteur on 22 August 1995. Regarding the Quiandao Lake incident the Government inter alia responded that the trial had lasted days, contrary to the alleged duration of two hours, and that the alleged removal of bullets had never happened. Regarding the alleged refusal to allow photographs to be taken of the bodies and the boat, the Government stated that it had not been permitted to take photographs as long the causes of the fire and the deaths of the victims were under investigation. The Government also stated that, contrary to allegations, a detailed transcript of the inspection of the side had been made available to the court during the public trial and that autopsies were carried out in accordance with the law. In the same communication, the Government responded to the concerns of the Special Rapporteur in regard to capital punishment in China. In this connection the Government informed the Special Rapporteur inter alia that China retained the death penalty for a small number of criminals who committed crimes seriously endangering the social order and that in no cases were sentences decided in advance of trials. Further, the Government denied the allegations concerning the removal of bodily organs of executed prisoners (27 May 1996).
Follow-up
110. The Special Rapporteur reminded the Government of several communications transmitted during 1995 to which no replies had yet been received. Moreover, the Special Rapporteur reiterated his interest in visiting China.
Follow-up on request for mission
111. In view of the allegations received, the Special Rapporteur, in a letter dated 28 August 1996, brought to the attention of the Government that previous requests for a mission to China, as expressed in letters to the Government dated 29 July 1993, 22 September 1993 and 22 August 1995 remained unanswered. In the same communication, the Special Rapporteur requested the Government kindly to inform him whether a mission could take place before February 1997 and he proposed a meeting with the Permanent Representative of the People's Republic of China to discuss this matter, as well as other issues concerning his mandate.
112. The Special Rapporteur had a productive meeting with the representatives of the People's Republic of China on 30 September 1996, in which it was indicated that the Special Rapporteurs's request for a visit would be considered after the completion of a visit by the High Commissioner for Human Rights and by another mechanism of the Commission of Human Rights.
Observations
113. The Special Rapporteur wishes to thank the Government of China for its detailed replies to communications transmitted to it. He hopes that the dialogue initiated with the Government regarding a visit to China will continue and that such a visit will eventually take place in a reasonable period of time.
114. In paragraph 1 of the safeguards guaranteeing protection of the rights of those facing the death penalty, approved by the Economic and Social Council in its resolution 1984/50, it is stated that the scope of crimes subject to the death penalty should not go beyond intentional crimes with lethal or other extremely grave consequences. The Special Rapporteur therefore wishes to reiterate his conclusion (see E/CN.4/1996/4, para. 556) that the death penalty should be eliminated for economic and drug-related crimes. He also reiterates his distress over the reportedly increased number of executions, especially in connection with the above-mentioned anti-crime campaign. Further, the Special Rapporteur considers that the death penalty is not an appropriate tool to fight the growing crime rate in China. Moreover, he opposes public executions as a means of public education. [back to the contents]
Colombia
Information received and communications sent
115. The information received by the Special Rapporteur shows that violations of the right to life are continuing to occur on a large scale and that there are no indications that an improvement is foreseeable in the short term. Members of the army, paramilitary groups, the police and, to a lesser extent, guerrilla groups are reported to have been responsible for a large number of violations of the right to life. In this regard, claims that there is a clear relationship between paramilitary groups and the armed forces have continued to be received. Links between them are said to have been observed specifically in the context of counter-insurgency operations, where the armed forces and paramilitary elements have reportedly acted together. Landowners, local politicians, major industrialists and drug traffickers would appear to be giving financial backing to these paramilitary groups.
116. The Special Rapporteur's attention was drawn to the publication in February 1995 of a document entitled "First Summit of Colombian Self-defence Forces", adopted at a meeting held in Urabá by various paramilitary groups. The document was said, inter alia, to have criticized the functioning of the armed forces and counter-insurgency tactics. It also apparently referred to the birth, establishment, development and training of paramilitary groups and their connections with the army and the police. It was stated that these groups had been set up basically to combat subversion and that left-wing political and trade union leaders would continue to be treated as military targets.
117. According to information provided to the Special Rapporteur, paramilitary groups had made threats against trade union and community leaders, human rights activists and members of the judiciary. The risks facing human rights defenders are believed to have prompted several organizations to suspend their activities. Members of the Movimiento de Integración Cívico Comunal de Pailitas and the Comité Cívico de Derechos Humanos del Meta were apparently continuing to be harassed and there were reports of attempts to kill some of their members. The most recent victim was said to have been Josué Giraldo, President of the Comité Cívico de los Derechos Humanos del Meta, who was killed by paramilitary forces in October 1996.
118. The Special Rapporteur was also informed that a bill to strengthen the powers of the armed forces was under discussion. According to this information, the effect of the bill would be, inter alia, to prevent the Procurator's Office (Procuraduría) from intervening in the military sphere, to revoke the right to institute proceedings for protection (tutela) against members of the forces of law and order, and to allow individuals to be arrested and held in detention for seven days on mere suspicion of having committed a public order offence.
119. In addition, reports indicating that the phenomenon of impunity remains alarming in Colombia continued to be received. The Special Rapporteur was informed that, according to the Administrative Department for National Planning, only 3 per cent of the offences reported in Colombia result in convictions. The fact that people may on some occasions have been killed for taking legal action in cases of human rights violations and the consequent fear of reprisals deter victims of violations and witnesses from going to court.
120. Furthermore, according to information received, the President of Colombia has expressed his wish that a bill should in future be submitted to Congress to allow the reintroduction of the death penalty, which would be applicable to crimes such as abduction, massacres and killings of defenceless persons.
121. In the course of 1996, as in previous years, the Special Rapporteur received a large number of communications. Owing to the shortage of human and material resources available to him, the communications received could not all be analysed. It has also been impossible to provide appropriate follow-up for all the cases of violations of the right to life reported in 1996 and in previous years. During the period under review, the Special Rapporteur transmitted 21 urgent appeals to the Government. In addition, during the same period he transmitted communications alleging violations of the right to life of 152 named individuals and 14 unidentified persons. During this period he acted on behalf of more than 16 women.
122. Thus, the Special Rapporteur requested the Government of Colombia 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 otherwise stated:
(a) Human rights activists:
(i) Josué Giraldo Cardona, President of the Comité Cívico por los Derechos Humanos del Meta, and Islena Rey, a member of the same association. The Special Rapporteur had, on 22 March and 17 October 1995, already sent other urgent appeals on behalf of Josué Giraldo Cardona and other members of the Comité Cívico por los Derechos Humanos del Meta on account of the continued threats received. The Special Rapporteur expressed his regret on being notified of the killing of Josué Giraldo Cardona in Villavicencio, on 13 October 1996 by paramilitary personnel (5 February 1996);
(ii) Alfonso Cassiani Herrera, a university student and member of the Proceso de Comunidades Negras organization, and Dámaso Salgado Reyes, who had received death threats for reporting the disappearance of their friend Alonso Corrales Hernández, a Colombian Communist Party youth leader, who disappeared on 15 January 1996 and was found dead nine days later in the Caribbean Sea (13 February 1996);
(iii) Members of the Movimiento de Integración Cívico Comunal de Pailitas, after the killing of Auden Pinzón in February 1996 in the town of Pailitas, department of César. The Special Rapporteur had already sent an urgent appeal on 6 March 1995, expressing fear for the safety of the members of the movement after the killing of two of its members, Jairo Barahona Martínez and Ernesto Fernández Fezter (15 February 1996);
(iv) Alberto Agudelo, after an attempt on his life in the municipality of Orito, department of Putumayo. Alberto Agudelo, who emerged from the attack unscathed, had reportedly taken an active part in the establishment of municipal human rights committees in the department of Putumayo, and had been a council representative of the Movimiento Independiente de las Juntas de Acción Comunal (27 March 1996);
(v) Gustavo Gallón Giraldo, director of the Colombian Commission of Jurists, and the priest Javier Giraldo Moreno, director of the Intercongregational Commission for Justice and Peace, following the appearance in La Prensa newspaper of an announcement by the Foundation for Human Duties accusing them of advocating drug-trafficking, terrorism and subversion. They were also accused of disclosing reports on human rights violations and passing them to foreign organizations in order to harm the armed forces and present a favourable image of subversive groups. They were further accused of submitting complaints to the United Nations High Commissioner for Human Rights and the Inter-American Commission on Human Rights (24 April 1996);
(vi) Susana Bravo and other members of the Carmen de Altrato Human Rights Committee, after a death threat was received from the paramilitary group Autodefensas Campesinas de Córdoba y Urabá, accusing her of collaborating with the guerrillas and telling them that they would be killed if they did not leave the region (24 July 1996);
(b) Members of political parties:
(i) Aída Abella, member of the Central Executive Committee of the Colombian Communist Party and President of Unión Patriótica, after a failed attempt on her life, when armed men presumed to be members of a paramilitary group reportedly fired a bazooka at the armour-plated vehicle in which she was travelling on a highway in Bogotá. The Special Rapporteur had already sent an urgent appeal, on 12 August 1994, on behalf of Aída Abella (9 May 1996);
(ii) Beatriz Gómez, Unión Patriótica deputy for the department of Antioquía, after she received a death threat (6 June 1996);
(c) Trade unionists:
(i) Orlando Ocampo, member of the Unión Nacional de Trabajadores Bancarios and member of the Confederación Unitaria de Trabajadores (5 February 1996);
(ii) José Villamil, health service employee and member of the health workers' trade union (ANTHOC), Cauca section, after he received a sufragio or "invitation" to his own funeral while in the Solidaridad district of the city of Popayá, Cauca (29 March 1996);
(iii) Jairo Alfonso Gamboa, a trade unionist, and other members of the Titán S.A. workers' union, after he received a death threat, in the union's offices, signed by the paramilitary group known as Colombia sin Guerrilla (COLSINGUE)
(3 June 1996);
(iv) Hernando Hernández, President of the Unión Sindical Obrera (USO), Danilo Sánchez, member of the Executive Committee, and Jairo Calderón, a leader of the union, as well as other USO members, after death threats were received at the USO main office in Barrancabermeja, department of Santander, from a paramilitary group known as "Muerte a los Secuestradores" (MAS) (26 August 1996);
(d) Inhabitants of the following towns:
(i) Inhabitants of La Paz, municipality of Pailitas, after they were threatened with death if they did not leave the area (30 November 1995);
(ii) Civilian population of Segovia and Remedios, after the killing on 22 April 1996, by members of a paramilitary group, in the districts of La Paz, Tigrito and Borbollón (Segovia), of Wilson Alejandro Loaiza, Octavio de Jesús García, aged 14, César Darío Valle, aged 16, Fabio Alonso Loaiza, Omar Moreno, Carlos Montoya, Ricardo Ochoa Puerta, Gabriel Jaramillo Palacio, Jesús Evelio Pérez, Pedro Posada, León Dario Ospina, Carlos Zapata, Nicolás Alvarez and Carlos Arturo Agudelo (26 April 1996);
(iii) Inhabitants of the town of Segovia, after the attack on a house near Santander park, in Segovia, which reportedly led to the death of Leshe Elizabot Yali Giraldo, aged three months, and Kenny Magiver Jiménez Gómez, aged six months. According to the information received, a group of soldiers from the Bomboná Battalion were reportedly seen patrolling the park minutes before the explosion (26 September 1996);
(e) Peasant leaders/displaced peasant families:
(i) Families on the Bellacruz estate, department of César, evicted after a raid by 40 armed members of a paramilitary group from the land which they were said to have occupied for 10 years. The displaced families were reportedly threatened and warned that their lives would be at risk if they returned to the estate or came within 100 kilometres of it. According to the information received, the security forces, although presumably aware that these incidents were taking place, had failed to act. This urgent appeal was transmitted jointly with Mr. Francis Deng, Representative of the Secretary-General on the question of internally displaced persons (27 March 1995). A second urgent appeal on their behalf was transmitted to the Government after the killing in May 1996 of Jaime Laguna, one of the leaders of the peasants displaced from the Bellacruz ranch, and Edinson Donado, a peasant defending the rights of the displaced families (13 May 1996);
(ii) Leaders of the peasants displaced from the Bellacruz ranch, after the killing of Eliseo and Eder Narvaez, both peasant leaders, on La Cabaña estate, La Palaya. According to the information received, the killing was motivated by their activities in support of the families displaced from the Bellacruz ranch (2 October 1996);
(e) Indigenous leaders:
(i) Milecio de la Cruz, Saúl Baltazar, Guillermo Carmona and Rosember Clemente, members of the management council of the Zenú indigenous community of San Andrés de Satavento, after they received death threats. Fear for their lives increased after the killings of: Manuel Beltrán, a leader of the indigenous reservation of San Andrés de Sotavento, Alejandro Teherán, Secretary of the Main Council of San Andrés de Sotavento, and Dagoberto Santero, Julio Santero and Carlos Solano, leaders of the Zenú indigenous community (19 June 1996). A second urgent appeal on their behalf was sent after the killing of Saúl Baltazar, regional director of the Colombian Indigenous Movement, in the township of Carretal (24 July 1996).
123. The Special Rapporteur also sent an urgent appeal on behalf of: Margarita Arregocés, after a death threat against her, signed by the COLSINGUE paramilitary group, was received in the offices of the human rights advocate, Reinaldo Villelba (1 March 1996); Jaime Hernández Díaz and Orlando Hernández, oil workers in Barrancabermeja, department of Santander, after they had received death threats from the MAS paramilitary group, accusing them of collaborating with the guerrillas (12 March 1996).
124. In addition, the Special Rapporteur transmitted to the Government complaints concerning violations of the right to life of the following persons:
(a) The following persons were reportedly killed by members of the army/individuals wearing army clothes:
(i) Minors: Rubiela Alvarez Leal, aged 13, and Ildo Durán Alvarez, aged 15, killed on the Brisas estate, in the La Capilla district, by troops from the "Los guanes" anti-guerrilla batallion No. 5, and said to be guerrillas of the Claudia Isabel Escobar Jerez de la UCELN front; Nidia Taconas Taquinas, an 11-year-old indigenous girl, killed near La Playa district school, Toribio, Cauca, by military personnel from the Codazzi Battalion, while she was playing with her brothers;
(ii) Peasants: José Norbey Jule Cuicue, member of the San Luis Arriba community action board killed in El Jaguar district; Jimmy Capera, killed by troops of anti-guerrilla battalion 37, known as the "Macheteros del Cauca", in the El Progreso district; Ramón Ricardo Avila, a peasant leader and member of the Asociación Municipal de Usuarios Campesinos de Tame, killed in Puerto Nidia, department of Arauca, by national army units from El Naranjito military base; Rafael Peñate Cabrales, aged 18, killed in Toluviejo; Juan Antonio Solano Suárez, a peasant, aged 22, killed in Tolú by several heavily armed individuals wearing military clothes;
(iii) Politicians: Carlos Eleno Bacca Rodríguez, San Martín town councillor and Liberal Party activist, as well as Joel, Ellacit and Adel Bacca Téllez, his children, killed on La Esperanza estate, El Barro district, Aguas Blancas settlement, by members of the Santander Battalion; Obed Lemus, head of personnel in the mayor's office, killed by members of the Ayacucho Battalion, who reportedly shot him as he was preparing to get into a vehicle to return to his home in the San Juan settlement; Alfonso Beltrán Chamorro, a member of the Movimiento Nueva Colombia and Chalán town councillor, and his wife, Yermis Merlano, former education secretary on the Chalán town council;
(iv) Others: Fulvio Tenorio, killed by marines; Pedro Carvajal Sandoval, killed in Montebello by a patrol of the Luciano d'Elhuyart Battalion, from San Vicente de Chucuri; Marco Fidel Bonilla and Miguel David Vergara, killed in the township of Monterrey, municipality of San Alberto, by members of Rogelio Correa Campos anti-guerrilla battalion 27, Fifth Brigade; Reinaldo Amorocho, killed by members of the Guane Battalion, Fifth Brigade; Ricardo Paredes García, merchant and joint owner of the Café Bumagués factory; Walter de Jesús Borja David, Camilo Solano and Melquisedec Rentería Machadi, banana plantation workers, killed on the road to Zungo landing-stage; Roberto Montés Vergara, killed in Caracolí; Elvia Regina Cuello, merchant and community leader, and Ezequiel Antonio Urang, killed in the Pato settlement, town of Zaragoza, department of Antioquía; Deyerina Ramos Jaramillo, killed during a military attack on the town of Puerto Trujillo; 12 unidentified persons, including Antonio Moreno, counsel of the agricultural industry workers' union, Manuel Ballesta, negotiator for the same trade union organization, and 3 women, killed during a military attack on El Bosque district. That district, created at the request of Unión Patriótica, was said to be inhabited by 600 peasant families from Córdoba, Choco and the interior of Antioquía, who had been displaced by counter-insurgency operations; Fabio de Jesús Gómez Gil, welder and electrician, killed in front of his house in the 12th October district;
(b) The following persons were reportedly killed by paramilitary forces:
(i) Peasants: Juan D. Hernández, Jorge E. Paternina Roa, Evangelista Urrego Ferreira, Milton Romero Churio, Carlos M. Arriero and Edison Martínez, killed on La Concordia estate; Maximiliano Prasca and Absalón Ramírez, killed in El Pedral, Puerto Wilches, Santander;
(ii) Members of Unión Patriótica: Manuel Herrera Sierra, former candidate for the Coloso mayor's office, member of the regional branch of the Communist Party and former Coloso town councillor, killed on the Sincelejo road; Edilberto Cuadrado, killed on the El Silencio communal road; Félix Martínez, killed in El Porvenir district, Villavicencio; José Vicente Prieto Peñuela, murdered in Medellín del Ariari; Pedro Malagón, Unión Patriótica Congressman, and his 17-year-old daughter Milena Malagón, killed near their home in Villavicencio, Meta; Hipólito González, a leader of the Communist Party, killed in Vereda Juntas, Puerto Valdivia, Valdivia (Antioquía); Francisco Morelo, Laureano López Acosta, Luis Yépes, Mirael Hernández and José L. Herrera, killed in the Pueblo Galleta district, municipality of Turbo;
(iii) Politicians/community leaders: Libardo Cruz, civic leader, killed on the road to Guabido, El Placer municipal district; Cesar González, former mayor of Chalán, killed in the neighbourhood of San Antonio de Palmito, Coloso area; Manuel Romero Ballesteros, president of the Asociación Nacional de Ayuda Solidaria (ANDAS), killed in Carmen de Bolívar; José M. Banquets, Vice-President of the Rodosalit district Junta de Acción Comunal, and José M. Quiñonez, killed in the Rodosalit district, Nueva Antioquía, Turbo; Milciades Cantillo Costa, a liberal politician killed on highway 12, who had been a councillor and, at the time of his death, was President of the Higher Council of the Universidad Popular del César and a practising lawyer. He had been appointed to defend five individuals accused of fomenting rebellion. He was said to have previously reported death threats against him;
(iv) Workers: Franciso Mosquera Córdoba and Carlos Arroyo de Arco, employees of the Darién logging company in the Urabá region; Rafael Gutiérrez and Dimas Piedrahitas, rural workers tortured and murdered in the municipality of Turbo; Alfonso Mantilla, driver for the Cootrasabana hauliers' cooperative, and his son, Edinson Mantilla, a student, killed on the road to Mata de Plátano, Sabana de Torres; Alfonso Zuleta, Jaime Puerta and Francisco Castrillón, shopkeepers, killed in the township of Cristales, municipality of San Roque;
(v) Others: Alcibio Garnica García, Víctor M. Garnica García, Gabriel J. Salcedo Angarita, director of the San Alberto community action programme, Carlos J. Sánchez López, his wife Carmelina Maldonado Ropero and an unidentified individual, killed in the Casablanca district, La Pedregoza settlement; Jesús A. Buitrago, a sportsman, killed in the Nuevo Chile district, region of Bosca; Eugenio, Jorge and Julio Salazar, killed in the township of Los Tendidos, municipality of San Alberto, César; Adriano Portillo, Javier Contreras Barón and Alvaro Botello, killed in Norean, municipality of Aguachica, César; Ramiro Merlano Díaz, killed in the Don Gabriel settlement, Chalán; Gonzalo Villa, killed in the town of Zaragoza in the municipality of Caucasi, Antioquía; Orlando Ocampo, Lisandro Oviedo, Luis Heiner Mora, Raúl A. Usuga, Marlenny Borja, Gabriel Areiza, Antonio Zapata Borja, A. Antonio Arenas, Nayibe Areiza Beltrán, Willinton Restrepo Sepúlveda and a 6-year-old boy, killed in the Policarpa district of the town of Apartado, Antioquía; Marcelino Arango Alfaro and Gilberto Arbelaez Jiménez, killed in the Bodega Central district, municipality of Morales, department of Bolívar; Manuel Vides Pineda, killed in San Benito Abad, Sucre; Guillermo and Alirio Cardona Areiza, killed in the Barranquilla district; Lilia Galván Frias, Pedro Ruiz, Salvador Gutiérrez and Anatolio Angarita, killed on El Guamito estate, Guarumo district, Barrancabermeja; Juan and Marco Tulio Bautista and Jorge E. Zambrano, killed on an estate in La Betulia district, Suárez; Jairo Sepúlveda, killed in Ituango, Antioquía; Graciela Arboleda, William Villa Garcóa and Héctor Correa García, killed in San Martín, César; Simón Luna Casillo, Vicente and Rangel Duarte Carvajalino, killed at La Bocatoma, Aguachica; Cristian Orrego Velez, Luis A. Espinoa, Coli Gonzalez Lopera and Eucaris Jaramillo, Juan Bautista Baena, Darío Madrigal and Arcadio Valderrama, killed at Port Valdivia, Antioquía, on 1 April 1996 at about 4 a.m.;
(c) The following persons were killed by members of the Autodefensas Campesinas: Pedro Pablo Vera Parra, Leonidas Tapiero Briceño, José Aldemar Delgado Castillo, Celestino Benavides and María del Carmen Quiñonez Prince, killed on the Tokio estate, Los Tendidos district, La Llana settlement; Guillermo Barrera Henao, Francisco J. Taborda and Alvaro Vásquez, killed in El Siete community, municipality of El Carmen del Atrato; Henry Alfonso Figueroa, killed in Dabeia, Antioquía; Bernardo Martínez Echavarría, killed in La Pedrala district, Andes, Antioquía.
(d) Members of the police reportedly killed the following persons:
(i) Minors: Hugo Aldemar Manrique, aged 17, Juan Carlos Girón Hurtado (alias Juancito), aged 18, and Rodolfo Cetre Angola (alias Carlitos), aged 16, found half naked with their hands bound, with signs of torture and half burnt in La Viga area close to the Boca Juniors sports club; Fredy Francisco Arboleda, aged 17, and his father, Silfredy Arboleda, arrested and killed near Aguaclara, 10 km from Tumaco; Carlos Armando Díaz Trarapuez, aged 20, and a 15-year-old boy (name unknown) killed during clashes with the police at Yumbo, Valle, in a demonstration of protest against the suspension of payment of social benefits;
(ii) Peasants: Carlos Arriguí, President of the Asociación Departamental de Usuarios Campesinos de Casanare, and Gabriel Asencio, killed in the town of Yopal, department of Casanare;
(iii) Others: X, a pauper, killed in Bogotá on Caracas Avenue between 16th and 17th Streets by an officer from No. 3 police station, who shot him during an operation in the area; Orencio Antonio Ortiz Viana, a carpenter, killed in the Caracolí settlement, Malambo region; Manuel Castillo Ruiseco, a political activist and businessman, killed in the Perseverancia district of Bogotá, shortly after being arrested; Alejandro Londono and Fabio Reyes, employees of the INTEREC company, killed in Santafé de Bogotá;
(e) The following person is said to have been killed for reporting human rights violations: José Vicente Rueda, a peasant arrested by a combined military and paramilitary patrol in the Danto Bajo district. He was reportedly killed a day later, after complaining of the humiliating treatment he had received to the Barrancabermeja ombudsman's office.
125. In addition, the Special Rapporteur transmitted the case of Jairo Gamboa, a Colombian fisherman reportedly killed by members of the Venezuelan National Guard on the Arauca river, in the area of Puerto Contreras, Saravena, Arauca. This matter was also transmitted to the Venezuelan authorities.
126. The Special Rapporteur also transmitted complaints concerning the death of Alvaro Gómez Hurtado, editor of the Nuevo Siglo newspaper, who was killed on 2 November 1995 in the north of Bogotá as he was leaving the university at which he gave law classes. Responsibility for the killing was reportedly claimed by the so-called Movimiento por la Dignidad de Colombia. The victim is said to have been a candidate for the office of President of the Republic on three occasions.
Communications received
127. The Special Rapporteur received a large number of replies from the Government of Colombia (11 December 1995, and 16 January, 21 February, 2 April, 12 April, 28 May, 7 June, 21 August, 19 September, 29 October and 1 November 1996) regarding complaints he had transmitted; these reflect the Government's desire to cooperate with the Special Rapporteur in the discharge of his mandate. The Government also supplied more general information.
128. By a note verbale dated 6 February 1996, the Government transmitted a report which made detailed reference to the governmental measures carried out to comply with the recommendations of the United Nations thematic rapporteurs and working groups.
129. In this connection, the Government informed the Special Rapporteur, inter alia, that:
(a) A bill had been submitted for consideration by Congress expressly authorizing the Government to pay compensation resulting from decisions taken by intergovernmental bodies, in view of the legal difficulties that had arisen on a number of occasions;
(b) A "Development Plan for the Justice System", which would provide for heavy investment in that field, had been instituted;
(c) The Statutory Act on the Administration of Justice, whose review was due to be completed by the Constitutional Court, introduced various changes in the system, inter alia, limiting the use of secret witnesses and prosecutors (fiscales);
(d) The implementation of a witness protection programme had been initiated;
(e) A commission had been appointed to prepare a draft military penal code and code of penal procedure;
(f) A programme to combat the so-called "social cleansing" killings was being formulated.
130. In addition, the Government provided information about the investigations initiated and/or judicial proceedings conducted in respect of the following cases: Dámaso Antonio Gómez Ruiz; Gilberto de Jesús and Miguel Angel Cano Vélez; Javier del Carmen Angarita Claro and Daniel Barboza Amaya; Eduardo Rodríguez Medina; Marco Aurelio Pérez Castrillón; José Elías Suárez; Carlos Gustavo Anzola Delgado; Nelson and Carlos Alfonso Albino Quecho; Aura Vasco Restrepo and Arquímides Salas Vasco; Amparo Viela; Constantino Carrillo, Germán Enrique Rolón García, Orlando Mora Bautista, Carlos José Navarro Torrado and Daniel Rodríguez Lasso; Lusbín Tobón Pinto; Jairo Alberto Llano Yépes and Sergio Bolaños; Alvaro Díaz; Leonardo Salazar Portilla, Juan Gustavo Zuluaga, Aldemar Rodríguez Carvajar, Carmen Elisa Pereira, Carlos Arturo Ramos Minota and William Javier Almario Alvarez; María Magdalena Rodríguez; Yesid Bocanegra Martínez, Omar Mendoza, Yesid Ducuara Villabón, Julio Cadena Ducuara, Nelson Moreno Ducuara, Julio Cenen Rodríguez Quiñonez, Edgar Leyton and Luis Alberto Morales Malambo; Guillermo Marín, Manuel Serafín Guerrero, Isidro Mercado Jiménez, Benjamín Santos and Laureano Iñampue; Benjamín Santos; Lorgio Antonio García Trillos; Alexir Orozco Hernández; Miguel Eduardo Rodríguez Medina; Omar Quintero Lozano and Germán García Vergara; Henry Humberto Molina Giraldo; Ana Julia Becerra, Alejandro Bernal, Maurizio Carvajal, Iván Ferreira, Yuly González, José Junco Hernández, Doris Jurado, Alvaro Pulido, Edgar Rodríguez; Jesús Daniel Lascarro Madera; Roberto Ruíz and Querubín Quintero Ramos; Nelson Fernando Lombana; Estín Payares Arrieta; José Vicente Rueda; Herson Javier Caro; Eduardo Ramírez Pinto; Maria Antonia Castaño Galvias and María Isabelina Giraldo; Francisco Sierra Benítez; Franklin Gómez Arrieta; Jesús Daniel Lascarro Madera; Orlando de Jesús Durango; Jesús Antonio Velandia Miranda and Miguel Acosta Torres; Eduardo Ramírez Pinto; Gustavo Humberto Marroquín Iglesias; Abraham Alvarado; Edwin Castillo Piña; Jairo Barahona Martínez and Ernesto Fernández Fezter; Enrique Buendia and Ricardo González; Rodrigo Montes; Martín Parroquieno Cubidas; Riofrío massacre; Obed Lemus; Jimmy Capera; Adriano Portillo, Javier Contreras Barón and Alvaro Botella; Marco Fidel Bonilla and Miguel David Vergara; Pedro Pablo Vera Parra, Leonidas Tapicero Briceño, José Aldemar Delgado Castillo, Celestino Benavides, and María del Carmen Quiñones Prince; Jesús Romero, Jhon Hoymar, Beltrán Galván, Libardo Montalvo Pérez, Miguel Angel Cáceres Padilla, Fernando López, Giovanny Guzmán and Lorenzo Padilla; Antonio José Caldera, Juan Diniro Hernández, Jorge Paternina Roa, Evangelista Urrego Ferreira, Milton Romero Churio, Carlos Manuel Arriero, and Edison Martínez; Carlos Eleno Bacca Rodríguez, Joel Bacca Telez, Ellacit Bacca Tellez and Adel Bacca Telez; Milciades Cantillo Costa; Manuel Beltrán, Alejandro Teherán, Dagoberto Centeno, Julio Centeno, Carlos Lozano and Saúl Baltazar Santero; and José Villamil.
131. Concerning the case of Javier Alberto Barriga Vergel, the Government stated that investigations were under way and that the Regional Prosecutor's Office was in charge of the case, as the lawyer's death was being treated as a homicide committed for terrorist ends. In addition, with regard to the case of one unidentified pauper, the Government stated that the person in question was José Eugenio Gómez Ojeda, aged 25 or 30. The investigation of this case was entrusted to the Military Criminal Court.
132. The Government of Colombia also informed the Special Rapporteur that, although investigations had been initiated, it had proved impossible to identify or determine the perpetrators in the cases of: Alejandro Sibaja Estrada, Gabriel Angel Ramos Enamorado, Abel and Ninfa Patrana Vasquez; Misael Bocanegra Malambo; Oscar Antonio Palmett Schmalbach; Luis Emilio Mejia Suárez; Estín Enrique Payares Arrieta; Francisco Sierra Benítez; Gabriel Jaime Ortiz; Jaime Picón Torres and David Reyes Castro; Marco Aurelio Pérez Castrillón; Blanca Cecilia Jiménez Contreras; Rodrigo de Jesús Florez; Eugenio, Jorge and Julio Salazar; and Luis Fernando Carrillo Villegas. Regarding the death in custody, at Bucaramanga Model Prison, of Jorge Elí Camargo Molina, the Government informed the Special Rapporteur that it had not been possible to identify or individualize the perpetrators or to ascertain whether or not an offence had been committed.
133. Investigations were also said to have been initiated but later suspended owing to failure to determine those responsible in the cases of: Saúl Parra García; Ramiro Valenzuela Sepúlveda; Rubel González; and Roque Jacinto Arrieta Martínez. Investigations in the case of Luis Erasmo Acosta Robayo were also suspended and the order had been given to file the case provisionally. With regard to the cases of Laudwin Tarazona Gallardo, Daniel Gallardo Jaimes and Jesús E. Castellanos Herrera, the Government stated that the proceedings had been annulled following the closure of the investigation on 17 April 1995.
134. The Government also provided details about the security measures taken in respect of the following persons who had received death threats: members of the Comité Cívico de Derechos Humanos del Meta, Alio Félix, Josué Giraldo, Teresa Mosquera, Islena Rey, Hna Nohemy Palencia, Monsignor Alfonso Cabezas and Gonzalo Zarate; Yanette Bautista and Gloria Galindez; bank employees belonging to the Unión Nacional de Empleados Bancarios, and specifically Rafael Tobías Peña; members of the Zenú indigenous community of San Andrés de Sotavento, and described the arrangements made for their protection; civilian population of Segovia and Remedios.
135. In addition, the Government transmitted a copy of the formal agreement drawn up by the representatives of the National Government and peasants displaced from the Bellacruz ranch.
Follow-up
136. The Special Rapporteur sent a follow-up letter to the Government of Colombia requesting additional information about some of the cases submitted to the Government. In the letter the Special Rapporteur noted that, while it was encouraging that in most of the replies sent by the Government it was clear that the authorities had initiated investigations into the alleged violations of the right to life, it was a cause for concern that it had not been possible to identify those responsible in the majority of cases. The Special Rapporteur also expressed his concern at the fact that, owing to the failure to determine responsibility for some crimes, the investigations had been suspended or the cases had been temporarily filed.
137. The Special Rapporteur also requested further details about a number of cases transmitted in previous years, inter alia, those of: Jorge Elí Camargo Molina, killed at Bucaramanga Model Prison in October 1994; Orlando de Jesús Durango, allegedly killed by a police officer; the prosecutor Martín Parroquiano Cubidas; and the lawyer Javier Alberto Barriga Vergel.
Follow-up of the recommendations made by the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the question of torture after their visit to Colombia in October 1994
138. On 29 October 1996, the Special Rapporteur, together with the Special Rapporteur on the question of torture, sent a letter to the Government of Colombia requesting information about measures taken by the authorities during 1996, in conformity with the recommendations made by the Rapporteurs in their report on their visit to the country in October 1994, to contribute to improving the situation concerning the right to life and physical integrity in Colombia. The two Rapporteurs asked, inter alia:
(a) Whether the draft reform of the Military Penal Code and Code of Penal Procedure had been submitted to Congress for consideration and whether any position had been taken with regard to the existing points of disagreement within the commission appointed to prepare the draft;
(b) Whether the review of the Statutory Act on the Administration of Justice had been completed by the Constitutional Court and what final changes had been made to that Act concerning the regional justice system;
(c) What steps had been taken to establish a mechanism that would contribute to providing justice for the past;
(d) What measures had been taken to dismantle the paramilitary groups;
(e) Whether the bill authorizing the Government to pay compensation as a result of decisions taken by intergovernmental bodies had been passed and what provision had been made for the payment of compensation;
(f) Whether the witness protection programme was functioning and whether greater resources had been allocated to it;
(g) Whether the system of special prosecutors assigned to military units was still functioning.
Observations
139. The Special Rapporteur is deeply concerned at the massive number of allegations continuing to be brought to his attention and considers that this highlights the fact that the situation regarding the right to life in Colombia cannot continue to be examined solely under a thematic mandate, but warrants the establishment of an ad hoc mechanism. In this connection, the Special Rapporteur welcomes the signing on 29 November 1996, by the United Nations High Commissioner for Human Rights and the Government of Colombia, of an agreement on the establishment of an office of the High Commissioner in Colombia. The Special Rapporteur hopes that this office will be able to respond to the human rights situation in Colombia and contribute to preventing extrajudicial, summary or arbitrary executions, and also the impunity which allows such executions to continue, in particular through the application of the recommendations made in the joint report prepared by the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the question of torture after their visit to the country in October 1994 (see E/CN.4/1995/111). It would be desirable for the Commission to continue to examine the matter with a view to evaluating the effectiveness of the new office at its fifty-fourth session.
140. At the same time, the Special Rapporteur wishes to express his appreciation to the Government of Colombia for the large number of replies it has provided and regrets that, owing to a shortage of human and material resources available to him, it has not been possible to undertake appropriate follow-up of those replies. [back to the contents]
Comoros
141. The Special Rapporteur sent an urgent appeal to the Government requesting the authorities to ensure respect for the right to life of Mr. Rodin, Mr. Mohamed Sahali, Mr. Ali Machallac and another, unidentified person, who were reportedly sentenced, on 20 September 1996 at Moroni, to be executed by firing squad after being found guilty of armed robbery. According to the information received, fears for their lives have been confirmed by the execution of Ali Youssouf, who was sentenced and executed on the basis of the same charges after a trial reportedly not conducted in conformity with international standards concerning the right to a fair trial: he is said to have been denied the right to apply to a court of appeal on the ground that, as no judges had been appointed by the National Assembly, the Court of Cassation was not operational. No reply had been received from the Government at the time this report was finalized.
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Costa Rica
Information received and communications sent
142. The Special Rapporteur transmitted an urgent appeal to the Government of Costa Rica on behalf of Reina Zelaya and her three daughters, Maryuri Zelaya González, Setephanía Caballero Zelaya and Cynthia Caballero Zelaya, of Honduran nationality who left Honduras in February 1996 after receiving death threats and settled in Heredia, Costa Rica, where they were granted political asylum. According to information transmitted to the Special Rapporteur, during their stay in Costa Rica they have been subjected to harassment and threats, allegedly by members of the Honduran security forces. The threats are allegedly related to the testimony given by Florencio Caballero, the father of two of Reina Zelaya's daughters and former member of Honduran Military Intelligence Battalion 3-16, who reportedly gave evidence during investigations into human rights violations in Honduras and, as a result, is currently a refugee in a western country (18 September 1996). The Special Rapporteur transmitted the same urgent appeal to the authorities in Honduras. [back to the contents]
Cuba
143. By a communication dated 6 February 1996, the Government of Cuba replied to the urgent appeal sent by the Special Rapporteur in October 1995 on behalf of Juvencio Padrón Dueñas, Félix Molina Valdés and Carlos Cruz Seguis, who had been sentenced to death in September 1995 by the People's Provincial Court in Ciego de Avila. The Special Rapporteur had been informed that there had been procedural irregularities and that the accused had been forced to sign statements confirming the charges against them.
144. According to the Government's reply, the allegations do not correspond to what actually happened and are the result of political manoeuvres directed against Cuba. The Government explained to the Special Rapporteur that the above-mentioned persons were charged and convicted for the murder of two elderly men. It further stated that this was a matter within national competence and had nothing to do with a human rights situation within the competence of the Special Rapporteur. It also informed him that during the trial the accused had had the benefit of all the procedural guarantees established in Cuban law, which are consistent with international legislation. It reported that in cases where death sentences were pronounced the accused had the right of appeal to the Supreme Court or the right to a pardon by the Council of State.
145. The Special Rapporteur sent the Government of Cuba a communication dated 1 September 1996 in which he expressed thanks for its reply in connection with the case of Juvencio Padrón Dueñas, Félix Molina Valdés, Carlos Cruz Seguis and Carlos Rodríguez Gorrín, informing it that NGOs were continuing to investigate reports that the accused had been subjected to physical and psychological pressure before the trial and that their access to legal defence had been extremely limited. In the same communication the Special Rapporteur reminded the Government that no reply had so far been received concerning the cases transmitted in 1995, which had included the cases of 35 persons killed in July 1994 in Havana Bay after government vessels had attacked the boat 13 de Marzo in which they had been trying to flee from Cuba.
146. In a letter dated 4 October 1996, the Government of Cuba replied to the Special Rapporteur's follow-up communication. It expressed the view that the treatment of communications to Cuba appeared to depart widely from the mandate originally conferred on the Special Rapporteur by the Commission on Human Rights, and that in the complaints sent there were signs of political motivation. The Government considered that, concerning the cases transmitted in 1995 (see E/CN.4/1996/4, para. 158), it did not have to provide any further information since all the official information had already been made public. It stated that "there is an urgent need to establish clear criteria for admissibility of the complaints received by the Special Rapporteur and for a precise definition of the scope of his mandate".
Observations
147. The Special Rapporteur expresses his thanks for the replies provided by the Government of Cuba and its willingness to cooperate in enabling him to fulfil his mandate. In connection with the points raised by the Government in its letter of 4 October 1996, he assures the Government that all the complaints reaching his office are analysed in the same spirit of impartiality and that Cuba is treated no differently from any other country. In addition, he wishes to make it clear that the communications sent to the Government do not lose their character of complaints. As to the need to establish clear criteria for admissibility of the complaints received by the Special Rapporteur and the precise definition of the scope of his mandate, he reminds the Government that these criteria already exist, being set out in his report E/CN.4/1994/7 (chap. II), and that they have been repeatedly endorsed by the Commission on Human Rights. [back to the contents]
Djibouti
Information received and communications sent
148. The Special Rapporteur, jointly with the Special Rapporteur on the Independence of the Judiciary and Lawyers, sent an urgent appeal on behalf of the lawyer Aref Mohamed Aref, dean of the Djibouti bar association, who had reportedly been subjected to repeated threats and harassment. The two rapporteurs had been informed that, on 16 January 1996, police officers had warned Aref Mohamed Aref that they had received orders to kill him. The two rapporteurs were also informed that the police did not intend to open an inquiry into those threats or to take measures to protect Mr. Aref. The threats are apparently linked to Mr. Aref's professional activities and, in particular, his role in defending victims of human rights violations (8 February 1996).
Follow-up
149. The Special Rapporteur also sent a communication to the Government reminding it that no reply had been received concerning not only the urgent action mentioned above, but also the allegations transmitted to the Government in 1994. [back to the contents]
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