Home | English | Human Rights Documents | Aadel Collection | Report of the Special Rapporteur, Ms. Asma Jahangir, submitted pursuant to Commission on Human Rights resolution 2001/45

Report of the Special Rapporteur, Ms. Asma Jahangir, submitted pursuant to Commission on Human Rights resolution 2001/45

E/CN.4/2002/74

          
          UNITED
          NATIONS
          Economic and Social Distr.
          Council
          GENERAL
          E/CN.4/2002 174
          9 January 2002
          Original: ENGLISH
          COMMISSION ON HUMAN RIGHTS
          Fiifiy-eighth session
          Item 11(b) of the provisional agenda
          CIVIL AND POLITICAL RIGHTS, INCLUDING QUESTIONS OF:
          DISAPPEARANCES AND SUMMARY EXECUTIONS
          Extraj udicial, summary or arbitrary executions
          Report of the Special Rapporteur, Ms. Asma Jahangir, submitted
          pursuant to Commission on Human Rights resolution 2001/45
          E
          GE.02-10054 (E)
        
          
 
          IV. VIOLATIONS OF THE RIGHT TO LIFE OF SPECIAL
          GROUPS
          A. Violations of the right to life of women
          B. Violations of the right to life concerning refugees
          and internally displaced persons
          C. Violations of the right to life of persons belonging
          to national, ethnic, religious or linguistic minorities
          D. Violations of the right to life of persons exercising
          their right to freedom of opinion and expression
          E. OEe right to life and the administration of justice
          F. Violations of the right to life of members of
          sexual minorities
          V. AREAS OF SPECIAL FOCUS
          A. Violations of the right to life during armed conflict
          B. Deaths due to attacks or killings by security forces,
          paramilitary groups or private forces cooperating
          with or tolerated by the State
          C. Impunity, compensation and the rights of victims
          D. Violations of the right to life of children
          E. Violations of the right to life of persons carrying out
          peaceful activities in defence of human rights and
          freedoms, and persons who have cooperated with
          representatives of United Nations human rights bodies
          F. Capital punishment
          VI. FOLLOW UP TO RECOMMENDATIONS
          VII. CONCLUDING REMARKS AND RECOMMENDATIONS ....
          E/CN. 4/2002/74
          E/CN. 4/2002/74
          page 4
          Executive summary
          The present report, which is submitted pursuant to Commission on Human Rights
          resolution 200 1/45, covers information received and communications sent by the
          Special Rapporteur on extrajudicial, summary or arbitrary executions in the period
          from 11 December 2000 to 1 December 2001. OEe report is divided into seven chapters,
          focusing on diLerent aspects of the problem of extrajudicial, summary or arbitrary executions,
          and contains the Special Rapporteur's observations on issues falling within the purview of her
          mandate.
          Chapter I, gives a summary of the mandate entrusted to the Special Rapporteur. In
          chapter II, the Special Rapporteur presents the main activities she has undertaken in the
          framework of her mandate during the period under review. Chapter III gives an overview of the
          various situations involving violations of the right to life relevant to the Special Rapporteur's
          mandate. In chapter IV, the Special Rapporteur presents observations regarding violations of the
          right to life of special groups. Chapter V gives an analysis of issues of special focus, requiring
          further attention and consideration. Chapter VI provides an overview of developments, in
          follow-up to the Special Rapporteur's country visits. Finally, in chapter VII the Special
          Rapporteur presents her conclusions and a number of recommendations she feels could be
          helpful in preventing and combating the problem of extrajudicial, summary or arbitrary
          executions.
          It will be recalled that in previous years the Special Rapporteur has presented the
          Commission with an addendum summarizing the information transmitted and received by the
          Special Rapporteur, as well as her observations where required and considered appropriate. OEe
          Special Rapporteur regrets the severe cuts in the staL supporting her mandate at the Off cc of the
          High Commissioner for Human Rights; however, she has been able to produce such an
          addendum with the human resources placed at her disposal at the last minute. She hopes that
          suffcient resources will be placed at her disposal in the coming year to enable her to prepare this
          addendum in an organized manner and fulffil her reporting obligations to the Commission on
          Human Rights and the General Assembly.
          Addendum ito the report contains the Special Rapporteur's report on her mission to
          Turkey from 19 February to 1 March 2001. OEe visit, which had been planned and agreed to
          already in 1999, was mainly aimed at allowing the Special Rapporteur to investigate in situ
          allegations of violations of the right to life, including deaths in custody, death threats, deaths due
          to excessive use of force by the police or military, killings in connection with abductions and
          disappearances”.
          The Special Rapporteur's report describes action taken in regard to various forms of
          violations of the right to life, including deaths in custody, deaths due to excessive use of force by
          law enforcement agents, killings by security forces or paramilitary groups, death threats and
          deaths due to omission. OEe report also discusses the issue of capital punishment and makes
          reference to death penalty cases in which the Special Rapporteur has intervened in reaction to
        
          
          E/CN. 4/2002/74
          page 5
          reports that the sentences concerned had been passed in violation of international restrictions and
          human rights standards. In her report, the Special Rapporteur also discusses the situation of a
          number of speciffic categories of victims, who are particularly vulnerable or have been directly
          targeted for extrajudicial execution. OEese groups include human rights defenders, lawyers,
          journalists, demonstrators, members of national, ethnic, religious or linguistic minorities,
          internally displaced people, women, children, members of indigenous communities and persons
          exposed to extrajudicial killings and death threats because of their sexual orientation.
        
          
          E/CN. 4/2002/74
          page 6
          Introduction
          1. This report is submitted pursuant to Commission on Human Rights resolution 2001/45
          of 23 April 2001, entitled Extrajudicial, summary or arbitrary executions”. It is the fourth
          annual report submitted to the Commission by Ms. Asma Jahangir, and the nineteenth submitted
          since the mandate on summary and arbitrary executions was established by Economic and Social
          Council resolution 1982/35 of 7 May 1982.
          2. The present report covers information received and communications sent in the period
          from 11 December 2000 to 1 December 2001, and is divided into seven chapters. Chapter I,
          gives a summary of the mandate entrusted to the Special Rapporteur. In chapter II, the Special
          Rapporteur presents the main activities she has undertaken in the framework of her mandate
          during the period under review. Chapter III gives an overview of the various situations
          involving violations of the right to life relevant to the Special Rapporteur's mandate. In
          chapter IV, the Special Rapporteur presents observations regarding violations of the right to life
          of special groups. Chapter V gives an analysis of issues of special focus, requiring further
          attention and consideration. Chapter VI provides an overview of developments, in follow-up to
          the Special Rapporteur's country visits. Finally, in chapter VII the Special Rapporteur presents
          her conclusions and a number of recommendations she feels could be helpful in preventing and
          combating the problem of extrajudicial, summary or arbitrary executions.
          3. It will be recalled that in previous years the Special Rapporteur has presented the
          Commission with an addendum summarizing the information transmitted and received by the
          Special Rapporteur, as well as her observations where required and considered appropriate. OEe
          Special Rapporteur regrets the severe cuts in the staL supporting her mandate at the Off cc of the
          High Commissioner for Human Rights; however she has been able to produce such an addendum
          with the human resources placed at her disposal at the last minute. She hopes that suffcient
          resources will be placed at her disposal in the coming year to enable her to prepare this
          addendum in an organized manner and fulffil her reporting obligations to the Commission on
          Human Rights and the General Assembly.
          4. Addendum ito the report contains the Special Rapporteur's report on her mission to
          Turkey from 19 February to 1 March 2001. OEe visit, which had been planned and agreed to
          already in 1999, was mainly aimed at allowing the Special Rapporteur to investigate in situ
          allegations of violations of the right to life, including deaths in custody, death threats, deaths due
          to excessive use of force by the police or military, and killings in connection with abductions.
          5. During the reporting period, the Special Rapporteur has continued to receive reports
          describing violations of the right to life in all regions of the world. The cruelty of these crimes is
          beyond comprehension and their devastating effects on the families of victims and society as a
          whole cannot be underestimated. Governments must recognize their obligation to do everything
          in their power to stop these atrocities. OEe unwillingness on the part of some Governments to
          face the challenges of bringing to an end longstanding conflicts, which are allowed to drag on
          and grow, further seriously erodes the credibility of the State as a viable authority.
        
          
          E/CN. 4/2002/74
          page 7
          I. THE MANDATE
          A. Terms of reference
          6. In resolution 200 1/45, the Commission on Human Rights requested the Special
          Rapporteur to continue to examine situations of extrajudicial, summary or arbitrary executions,
          to respond eLectively to information which comes before her and to enhance further her dialogue
          with Governments, as well as to follow up recommendations made in reports aifier visits to
          particular countries. OEe Commission also requested the Special Rapporteur to continue
          monitoring the implementation of existing international standards on safeguards and restrictions
          relating to the imposition of capital punishment, bearing in mind the comments made by the
          Human Rights Committee in its interpretation of article 6 of the International Covenant on Civil
          and Political Rights, as well as the Second Optional Protocol thereto.
          7. In its resolution, the Commission also requested the Special Rapporteur to apply a gender
          perspective in her work and to pay special attention to violations of the right to life of children,
          participants in demonstrations or other public manifestations, persons belonging to minorities,
          and individuals carrying out peaceful activities in defence of human rights and fundamental
          freedoms. The Commission further urged the Special Rapporteur to draw the attention of the
          United Nations High Commissioner for Human Rights to such situations of extrajudicial,
          summary or arbitrary executions that are of particularly serious concern to her or where early
          action might prevent further deterioration. OEe Commission welcomed the cooperation
          established between the Special Rapporteur and other United Nations mechanisms and
          procedures relating to human rights and encouraged the Special Rapporteur to continue eLorts in
          that regard.
          B. Violations of the right to life upon which the
          Special Rapporteur takes action
          8. During the reporting period, the Special Rapporteur acted in the following situations:
          (a) Genocide;
          (b) Violations of the right to life during armed conflict, especially of the civilian
          population and other non-combatants, contrary to international humanitarian law;
          (c) Deaths due to attacks or killings by security forces of the State, or by paramilitary
          groups, death squads or other private forces cooperating with or tolerated by one or several
          States;
          (d) Deaths due to the use of force by law enforcement offcials or persons acting in
          direct or indirect compliance with the State, when the use of force is inconsistent with the criteria
          of absolute necessity and proportionality;
          (e) Deaths in custody due to torture, neglect or use of force, or life-threatening
          conditions of detention;
        
          
          E/CN. 4/2002/74
          page 8
          (f) Death threats and fear of imminent extrajudicial executions by State offcials,
          paramilitary groups, private individuals or groups cooperating with or tolerated by the
          Government, as well as by unidentiffied persons who may be linked to the categories mentioned
          above;
          (g) Expulsion, refoulement or return of persons to a country or a place where their
          lives are in danger, as well as the prevention of persons seeking asylum from leaving a country
          where their lives are in danger through the closure of national borders;
          (h) Deaths due to acts of omission on the part of the authorities, including mob
          killings. OEe Special Rapporteur may take action if the State fails to take positive measures of a
          preventive and protective nature necessary to ensure the right to life of any person under its
          jurisdiction;
          (i) Breach of the obligation to investigate alleged violations of the right to life and to
          bring those responsible to justice;
          (j) Breach of the additional obligation to provide adequate compensation to victims
          of violations of the right to life, and failure on the part of Governments to recognize
          compensation as an obligation;
          (k) Violations of the right to life in connection with the death penalty. The Special
          Rapporteur intervenes where capital punishment is imposed in violation of articles 6.2 and 15 of
          the International Covenant on Civil and Political Rights and article 37 (a) of the Convention on
          the Rights of the Child, article 77.5 and other relevant articles of the Geneva Conventions
          of 1949 and the Additional Protocols thereto of 1977. In addition, the Special Rapporteur is
          guided by various resolutions of United Nations organs and bodies, in particular:
          (i) General Assembly resolutions 2857 (XXVI) of 20 December 1971
          and 32/6 1 of 8 December 1977 regarding capital punishment;
          (ii) General Assembly resolution 44/128 of 15 December 1989, in which the
          Assembly adopted and opened for signature, ratiffication and accession the
          Second Optional Protocol to the International Covenant on Civil and
          Political Rights, aiming at the abolition of the death penalty;
          (Hi) Commission on Human Rights resolutions 1997/12, 1998/8, 1999/61
          and 2000/65 regarding the death penalty;
          (iv) The Safeguards guaranteeing protection of the rights of those facing the
          death penalty, adopted by the Economic and Social Council in
          resolution 1984/50 on 25 May 1984, and endorsed by the United Nations
          General Assembly in resolution 39/118, adopted on 14 December 1984;
          (v) Economic and Social Council resolution 1989/64 adopted
          on 24 May 1989.
        
          
          E/CN. 4/2002/74
          page 9
          9. In view of these guidelines and international standards, the Special Rapporteur acts
          where:
          (a) The crime concerned cannot be considered most serious”, as stipulated under
          article 6.2 of the International Covenant on Civil and Political Rights;
          (b) The death penalty is imposed retroactively;
          (c) Persons are sentenced to death for crimes committed when they were less
          than 18 years of age;
          (d) Expectant or recent mothers face the death penalty;
          (e) Persons suLering from mental illness or handicap or those with extremely limited
          mental competence face the death penalty;
          (f) A death sentence which has been implemented is posthumously overturned;
          (g) Consular assistance is denied or not made available to a person facing the death
          penalty;
          (h) The accused is denied his or her right to appeal or seek pardon or commutation of
          a death sentence;
          (i) A death sentence is imposed following a trial where international standards of
          impartiality, competence, objectivity and independence of the judiciary were not met;
          (j) The legal system does not conform to minimum fair trial standards;
          (k) The death penalty is imposed as a mandatory measure without due regard to the
          safeguards enumerated above and compelling mitigating circumstances thus cannot be taken into
          consideration.
          C. Legal framework and methods of work
          10. For an overview of the international legal standards by which the Special Rapporteur is
          guided in her work, she makes reference to the report of her predecessor to the Commission on
          Human Rights at its forty-ninth session (E/CN.4/1993/46, paras. 42-68). The Special Rapporteur
          has largely followed the methods of work developed and applied by the previous Special
          Rapporteur, Mr. Bacre Waly Ndiaye, which are described in his report to the Commission on
          Human Rights at its ffiifiieth session (E/CN.4/1994/7, paras. 13-67), as well as his subsequent
          reports to the Commission (E/CN.4/1995/61, paras. 9-40 and E/CN.4/1996/4, paras. 11-12).
        
          
          E/CN. 4/2002/74
          page 10
          II. ACTIVITIES
          A. General remarks
          11. During the present reporting period, the Special Rapporteur has held a number of
          consultations with the Offce of the High Commissioner for Human Rights in Geneva. She has
          had the opportunity to meet with the High Commissioner for Human Rights and her staL, as well
          as with a number of other special rapporteurs, representatives and experts appointed by the
          Commission on Human Rights. In the past year, she has also on numerous occasions taken joint
          action, including through joint urgent appeals, with other special rapporteurs and working groups
          mandated by the Commission on Human Rights. The Special Rapporteur presented her previous
          report (E/CN.4/2001/9) to the Commission on Human Rights at its fiifiy-seventh session
          on 4 April 2001. From 18 to 22 June 2001, she participated in the eighth annual Meeting of
          Special Rapporteurs/Representatives/Experts and Chairpersons of the special mechanisms of the
          Commission on Human Rights, held in Geneva. In addition, the Special Rapporteur met with
          Permanent Mission and other government representatives who had comments on her reports.
          She found these discussions most useful and welcomes such opportunities for exchange.
          B. Communications
          12. The Special Rapporteur has particular regard for the individual complaints she receives,
          as they oTher an important channel for victims, their families and members of the international
          society to have their voices heard. Reports of actual incidents form a solid basis for the Special
          Rapporteur's communications to Governments and they lend further credence to the surrounding
          information received by the Special Rapporteur. She wishes to point out that the figures
          presented below only give an indication of the situation regarding her mandate. OEey do not
          reflect the entire picture, nor do these figures narrate the anguish suThered by societies that
          witness extrajudicial, summary or arbitrary executions. The amount of information received is
          enormous. It has to be selected, categorized, analysed and veriffied before being communicated
          to the Governments concerned. So far, the Special Rapporteur has been selective in sending
          communications, basing her criteria on proper veriffication of the case, as well as the nature and
          seriousness of the allegation.
          13. During the period under review, the Special Rapporteur transmitted 147 urgent appeals
          on behalf of some 460 persons and a large number of groups of people to the following
          countries: Argentina (3), Bahrain (1), Bangladesh (2), Bolivia (4), Brazil (3), Burundi (1),
          Canada (1), China (9), Colombia (42), Congo (1), Croatia (1), Democratic Republic of the
          Congo (1), Dominican Republic (1), El Salvador (1), Ecuador (5), Georgia (1), Guatemala (10),
          Haiti (1), Honduras (3), India (2), Indonesia (2), Iran (Islamic Republic of) (3), Jamaica (2),
          Jordan (4), Mexico (5), Nicaragua (1), Nigeria (1), Oman (1), Pakistan (2), Paraguay (1),
          Peru (1), Russian Federation (1), Rwanda (1), Saudi Arabia (1), Singapore (2), Turkey (3),
          United States of America (18), Uzbekistan (3), Viet Nam (1), Yemen (1). She also sent four
          urgent appeals to the Palestinian Authority, four to the Taliban Council and one to the leadership
          of Puntland” in Somalia.
        
          
          E/CN. 4/2002/74
          page 11
          14. Eighty-three urgent appeals were transmitted jointly with other mechanisms of the
          Commission on Human Rights, such as the Special Rapporteur on the question of torture, the
          Special Rapporteur on the independence ofjudges and lawyers, the Special Rapporteur on the
          promotion and protection of the freedom of opinion and expression, the Special Rapporteur on
          violence against women, its causes and consequences, the Special Rapporteur on the human
          rights of migrants, the Chairman-Rapporteur of the Working Group on Arbitrary Detention, the
          Special Representative on the situation of human rights in the Islamic Republic of Iran, the
          Representative of the Secretary-General on internally displaced persons, the Special
          Representative of the Secretary-General on human rights defenders.
          15. The Special Rapporteur further transmitted allegations regarding violations of the right to
          life of more than 700 individuals to the Governments of the following 41 countries: Albania (1),
          Algeria (1), Azerbaijan (1), Bangladesh (1), Bolivia (3), Brazil (1), China (17), Colombia (264),
          Ecuador (1), Egypt (4), Georgia (1), Guinea (1), Honduras (8), India (50), Indonesia (19),
          Israel (26), Jamaica (18), Kenya (4), Kyrgyzstan (2), Liberia (1), Mexico (1), Myanmar (122),
          Pakistan (7), Nicaragua (2), Nigeria (over 100), Paraguay (5), Papua New Guinea (4), Peru (1),
          Philippines (5), Portugal (3), Russian Federation (60), Rwanda (3), Slovakia (1), Turkey (14),
          Senegal (1), Sri Lanka (4), Sudan (2), United Arab Emirates (1), Ukraine (1), Uzbekistan (7),
          Zimbabwe (2). Allegations were also transmitted to the Palestinian Authority regarding four
          cases of alleged violations of the right to life. In more than 380 of these cases the Special
          Rapporteur intervened jointly with other mandate holders, in particular the Special Rapporteur
          on the question of torture, the Special Rapporteur on violence against women, its causes and
          consequences, the Special Rapporteur on the independence of judges and lawyers, the Special
          Rapporteur on the right to freedom of opinion and expression, and the Special Representative of
          the Secretary-General on the situation of human rights defenders.
          16. During the period under review, the following Governments sent replies to urgent appeals
          or communications addressed to them by the Special Rapporteur: Algeria, Argentina,
          Bangladesh, Bahrain, Bolivia, Cameroon, Canada, Chile, China, Colombia, C6te d'Ivoire,
          Croatia, Dominican Republic, El Salvador, Georgia, Guatemala, Haiti, Honduras, India,
          Indonesia, Iran (Islamic Republic of), Israel, Jamaica, Kenya, Lebanon, Mexico, Nepal,
          Nicaragua, Pakistan, Panama, Peru, Russian Federation, Saudi Arabia, Senegal, Singapore,
          Sri Lanka, Sudan, Thailand, Tunisia, Turkey, Ukraine, United States of America, Viet Nam,
          Yemen, Yugoslavia. OEe Special Rapporteur wishes to express her appreciation to those
          Governments which have provided comprehensive replies to her communications for their
          cooperation.
          17. Regrettably, some Governments have replied only in part or on an irregular basis to her
          inquiries. She is concerned that the Governments of Botswana, Bosnia and Herzegovina,
          Burkina Faso, Burundi, Ecuador, Guinea-Bissau, Haiti, Rwanda, Sierra Leone, South Africa,
          Trinidad and Tobago and Uganda did not reply to any of her communications and requests for
          information transmitted in the past three years.
          18. The Special Rapporteur regrets that the Governments of Rwanda and Romania have
          not replied to communications in the past four years. OEe Governments of Cambodia and
          Papua New Guinea have not replied to any of the communications transmitted by the Special
          Rapporteur in the past ffive years.
        
          
          E/CN. 4/2002/74
          page 12
          19. In this connection, the Special Rapporteur wishes to clarify that, contrary to the
          impression given in her previous report (E/CN.4/2001/9, para. 16), the Government of
          Bangladesh has been forthcoming in replying to her communications over the past three years.
          C. Visits
          20. Since her appointment, the Special Rapporteur has written to a number of
          Governments expressing her interest in visiting their countries. At the time of writing, the
          Governments of Brazil, Colombia, C6te d'Ivoire and Yugoslavia had responded positively to
          these communications. She looks forward to carrying out missions to these countries, as and
          when her schedule allows. OEe Special Rapporteur has requests pending with the Governments
          of Algeria, Bahrain, Cameroon, India, Israel, Jamaica, Pakistan, the Russian Federation,
          Sierra Leone and Uganda. With the passage of time the request for visits will need to be
          reprioritized and in the coming year the Special Rapporteur will be communicating with
          Governments where requests for visits are pending.
          21. At the invitation of the Government, the Special Rapporteur visited Turkey
          from 19 February to 1 March 2001. OEe visit, which had been planned and agreed to already
          in 1999, was mainly aimed at allowing the Special Rapporteur to investigate in situ allegations
          of violations of the right to life, including deaths in custody, deaths due to excessive use of force
          by the police or military, and killings in connection with abductions and disappearances”.
          During her visit, the Special Rapporteur had the opportunity to meet with governmental offficials
          and representatives of civil society in Ankara, Diyarbakir, Batman and Istanbul. She wishes to
          express her appreciation to the Government of Turkey for its support and cooperation. OEe
          Special Rapporteur's observations, conclusions and recommendations from this mission are to
          be found in addendum 1 to the present report.
          22. From 6 to 16 August 2001, the Special Rapporteur visited Honduras. During her visit,
          the Special Rapporteur held meetings with a large number of government offcials, including
          cabinet ministers. She particularly appreciated the opportunity to meet with the President of
          Honduras to discuss issues relevant to her mandate. She also held meetings with members of
          the judiciary, political parties and the National Commissioner for Human Rights. The
          programme further included extensive brieffings with representatives of civil society, including
          non-governmental organizations, lawyers and journalists. The Special Rapporteur takes this
          opportunity to thank the Government of Honduras for its cooperation and support during this
          mission. OEe Special Rapporteur will report separately on her ffindings, conclusions and
          recommendations from the mission.
          23. During its special session on the situation in Israel and the Occupied
          Territories from 17 to 19 October 2000, the Commission on Human Rights adopted
          resolution E/CN.4/S-5/1, dated 19 October 2000, in which it, inter alia, requested the
          Special Rapporteur, together with a number of other mandate holders, to carry out immediate
          missions to the area concerned and report on their ffindings to the Commission on Human
          Rights at its ffiifiy-seventh session and, on an interim basis, to the General Assembly at its
          ffiifiy-ffiifih session. OEe resolution was endorsed by the Economic and Social Council
          on 22 November 2000. Since the adoption of the resolution, the Special Rapporteur has written
          repeatedly to the Government of Israel requesting that she be provided with a visa, so as to
        
          
          E/CN. 4/2002/74
          page 13
          enable her to discharge her mandate. OEe most recent of these letters was sent on 22 June 2001.
          So far, the Government has not agreed to this request. OEe Special Rapporteur continues to
          follow the events and will pursue her request for a visit with the Government of Israel.
          24. In this connection, the Special Rapporteur takes note of the letter from the Permanent
          Observer of Palestine to the United Nations in Geneva dated 26 January 2001, urging the Special
          Rapporteur to carry out her mandate under resolution 5-5/1 as soon as possible.
          25. In this connection, the Special Rapporteur further wishes to recall resolution 2000/5 8,
          entitled The situation in the Republic of Chechnya in the Russian Federation”, adopted by the
          Commission on Human Rights during its fiifiy-sixth session. In this resolution the Commission
          requested several of the thematic mechanisms, including the Special Rapporteur on extrajudicial,
          summary or arbitrary executions, to conduct missions to Chechnya. It may be noted that the
          Special Rapporteur had requested an invitation to visit Chechnya already in March 2000,
          i.e. before the adoption of the resolution. At the time of writing, the Government of the
          Russian Federation had not responded to this request.
          26. The Special Rapporteur considers fleld missions a central element in the discharge of the
          mandate, as they allow her to gather ffirst-hand information for preparing well-documented and
          objective reports. Field research in speciffic countries is also of crucial importance when
          analysing patterns of human rights abuses and the root causes which give rise to and perpetuate
          violations of the right to life. It gives her an opportunity to exchange views with Governments
          and lends support to the work of civil society. During the past year, the Special Rapporteur has
          been approached by a number of non-governmental organizations, representatives of civil
          society and private individuals urging her to seek invitations to carry out missions to various
          locations. OEe Special Rapporteur appreciates this input and the genuine commitment and
          concern expressed by these interlocutors. The decision to seek an invitation to visit a particular
          country is based on a variety of considerations, inter alia, a thorough analysis of the human rights
          situation in the countries concerned, the likely or expected impact of a visit, and practical factors
          determining the feasibility of fleld missions. She is concerned, however, that the resources
          currently placed at her disposal do not always allow her to submit her mission reports in a timely
          manner, and to respond eLectively to the calls and needs for fleld missions to be carried out in
          various parts of the world.
          III. OVERVIEW OF SITUATIONS INVOLVING
          VIOLATIONS OF THE RIGHT TO LIFE
          A. Genocide
          27. The Special Rapporteur believes that the crime of genocide must be regarded as a threat
          to international peace and security, thereby placing greater responsibility on the international
          community to ensure that human rights violations of such scale are investigated and those
          responsible brought to justice. OEis is an indispensable action for prevention.
          28. In this regard, it may be noted that the Secretary-General's Investigative Team charged
          with investigating violations of human rights and international law in the Democratic Republic
          of the Congo was unable to complete its work owing to lack of cooperation on the part of the
        
          
          E/CN. 4/2002/74
          page 14
          Government. OEey noted in their report (5/1998/581, annex) that the systematic massacre of
          those [ Rwandan Hutusi remaining in Zaire was an abhorrent crime against humanity, but the
          underlying rationale for the decisions is material to whether these killings constituted genocide”.
          29. All crimes of genocide must be investigated, without exception. Political considerations
          get in the way of the setting up of special tribunals at the national or international levels. To
          overcome this, an international criminal court is necessary to ffill a vacuum in the discharge of
          justice. The Rome Statute of the International Criminal Court, adopted in 1998, provides for a
          permanent mechanism to deal with crimes affecting the entire human race, such as genocide. It
          will be an important milestone in the ffight against genocide and the Special Rapporteur therefore
          sincerely hopes that countries will move to ratify the Statute.
          B. Deaths due to excessive use of force by law enforcement off cials
          30. In this connection, the Special Rapporteur transmitted allegations regarding
          violations of the right to life of 49 persons, to the Governments of the following countries:
          Algeria (1), Bolivia (3), Brazil (1), India (10), Indonesia (4), Jamaica (23), Kenya (2),
          Papua New Guinea (4), Senegal (1). Three allegations were transmitted to the Palestinian
          Authority. In this context, she also sent urgent appeals to the Governments of Indonesia and
          Turkey. One urgent appeal was also sent to the Palestinian Authority.
          31. The situation in Indonesia is a cause for continuing concern. OEere are numerous
          accounts of excessive use of force by the police and by army soldiers, which allegedly has led to
          a number of deaths in connection with peaceful demonstrations. OEe Special Rapporteur is
          particularly concerned at the apparent impunity with which these grave human rights violations
          are allowed to continue. She further notes reports from India, where security forces are alleged
          to have used excessive and lethal force on several occasions in connection with crowd control
          during public demonstrations by marginalized castes within the Hindu religion. During the
          period under review, the Special Rapporteur has also sent allegations regarding killings as
          a result of excessive use of force to the Government of Jamaica. According to reports,
          between 7 and 10 July 2001 at least 22 people were killed and around 38 others wounded by
          members of the Jamaican security forces in Tivoli Gardens in west Kingston, an area dominated
          by the opposition Jamaica Labour Party (JLP). As noted in chapter II above, the Special
          Rapporteur has written to the Government requesting an invitation to visit Jamaica to investigate
          in situ allegations brought to her attention.
          32. On 15 October 2001, the Special Rapporteur issued a statement expressing her deep
          concern at reports that several people had been killed by security forces during demonstrations in
          Pakistan and Palestine, in connection with the military operations in Afghanistan led by the
          United States of America. Five people, including a 12-year-old boy, were killed when riot police
          opened ffire against demonstrators in the province of Balochistan, Pakistan. Two people were
          shot dead by Palestinian police during demonstrations in Gaza. One of them was 14 years old.
          In her statement, the Special Rapporteur stressed that it was imperative that these cases be
          promptly, thoroughly and impartially investigated, so that the norms ofjustice are observed.
          She further urged Governments to take immediate steps to ensure that the right to life of
          participants in demonstrations is protected and to provide the police with training and adequate
          equipment for non-lethal crowd control.
        
          
          E/CN. 4/2002/74
          page 15
          C. Deaths in custody
          33. The Special Rapporteur transmitted allegations of the death in custody of 150 persons
          to the Governments of the following countries: Albania (1), Azerbaijan (1), China (17),
          Colombia (2), Ecuador (1), Egypt (2), Georgia (1), Guinea (1), Honduras (4), India (14),
          Indonesia (3), Kenya (2), Kyrgyzstan (2), Liberia (1), Myanmar (8), Pakistan (6), Nicaragua (1),
          Peru (1), Portugal (3), Russian Federation (50), Rwanda (3), Slovakia (1), Sri Lanka (1),
          Sudan (2), Turkey (14), United Arab Emirates (1), Uzbekistan (7). One allegation was sent to
          the Palestinian Authority. In this connection, the Special Rapporteur sent urgent appeals to the
          Governments of China and Uzbekistan. In both cases, there were fears that the detainees in
          question could die owing to lack of adequate medical attention.
          34. In this context, the Special Rapporteur wishes to express her particular alarm over reports
          from China describing a large number of cases in which detainees, many of whom were
          followers of the Falun Gong movement, had died as a result of severe ill-treatment, neglect or
          lack of medical attention. She takes particular note of allegations that 15 female prisoners, all
          reportedly members of the Falun Gong movement, died as a result of torture in June 2001 in
          Wanjia Labour Camp in Heilongjiang Province.
          35. The Special Rapporteur also continues to receive reports from Uzbekistan of cases in
          which people have died in custody after having been arrested by the police. In many instances,
          the dead body of the detainee was allegedly delivered to the family without explanation. In some
          cases the families were reportedly made to bury the body without an autopsy having been carried
          out, and threatened not to talk about what had happened. The Special Rapporteur further takes
          note of a large number of cases reported from India, where the police had allegedly beaten or
          shot detainees to death while in custody. Cases of death in detention were also related to the
          Special Rapporteur during her mission to Turkey. For a more detailed discussion of this issue,
          reference is made to addendum ito the present report.
          D. Death threats
          36. The Special Rapporteur transmitted urgent appeals aimed at preventing loss of life aifier
          having received reports of situations where the lives and physical integrity of persons were
          feared to be in danger. In this context 81 urgent appeals were sent to the Governments of the
          following countries: Argentina (3), Bangladesh (1), Bolivia (4), Brazil (3), Colombia (37),
          Dominican Republic (1), Ecuador (5), El Salvador (1), Georgia (1), Guatemala (8), Haiti (1),
          Honduras (3), India (1), Jamaica (1), Mexico (4), Nicaragua (1), Paraguay (1), Peru (1),
          Russian Federation (1), Rwanda (1), Turkey (2),
          37. In this regard, the Special Rapporteur wishes to express her deep concern over the
          situation in Colombia and Guatemala, where large numbers of human rights defenders,
          journalists, trade unionists and political activists continue to receive death threats. During the
          present reporting period, the Special Rapporteur has also approached the Government of Mexico
          regarding death threats against human rights defenders, particularly in connection with the
          assassination of Ms. Digna Ochoa y Placido on 19 October 2001. (For a more detailed
          discussion concerning Ms. Ochoa and the situation of human rights defenders in general, see
          chapter V, section E of the present report.)
        
          
          E/CN. 4/2002/74
          page 16
          E. Expulsion, refoulement or return of persons to a country
          or place where their lives are in danger
          38. On 14 May 2001, the Special Rapporteur sent a joint urgent appeal with the Special
          Rapporteur on torture to the Government of Canada regarding the case of Kassem Ahmad
          Mohyalden and his 15-year-old son, both Yemeni citizens, who were reportedly at risk of being
          deported to Yemen. Concerns had been expressed that they could be at serious risk of torture
          and execution upon return, because of Kassem Ahmad Mohyalden's earlier political activities in
          Yemen. In their appeal the Special Rapporteurs requested that the Government of Canada ensure
          that the two would not be deported without unequivocal guarantees from the Government of
          Yemen that Mr. Mohyalden and his son would not be subjected to the death penalty, torture or
          any other form of ill-treatment upon return. OEey also urged that a system to monitor the
          treatment of the persons in question be put in place with a view to ensuring that they would be
          treated with respect for their human dignity. In its comprehensive reply of 21 June 2001, the
          Government of Canada noted, inter alia, that the two persons in question had been aLorded risk
          assessment, including that provided by the Federal Court of Canada, and had failed to establish a
          serious possibility that they faced danger upon return to Yemen. However, in the light of the
          Special Rapporteurs' intervention, the authorities had reviewed the case and concluded that
          neither the Mohyaldens' personal circumstances nor the situation in Yemen supported their
          submission that their return to Yemen had placed them at risk of torture or the death penalty.
          The decision to return Mr. Mohyalden and his son had been carried out as scheduled.
          39. On 18 April 2001, the Special Rapporteurs on torture, migrants and extrajudicial,
          summary or arbitrary executions sent a joint urgent appeal to the Government of Jordan
          regarding the planned forcible return to Iraq of Mr. Abd' al-Ridha Jazi' al-Ibrahimi. As a
          deserter from the Iraqi army, he allegedly risked facing execution upon return.
          40. On 27 August 2001, the Special Rapporteur sent an urgent appeal to the Government of
          Pakistan regarding 14 Afghan nationals residing in Pakistan who were reported to be at risk of
          execution should they enter Afghan territory. hi her letter the Special Rapporteur urged the
          Government of Pakistan, in a humanitarian spirit, to ensure that these persons would not be
          forced to enter Afghanistan.
          F. Deaths due to acts of omission
          41. The Special Rapporteur intervenes in cases where the authorities are reported to have
          failed to take eLective or meaningful action in order to prevent extrajudicial killings from taking
          place. In this connection, allegations were sent to the Governments of Indonesia, Israel, Jamaica
          and Zimbabwe. It is reported that in Central Kalimantan, Indonesia, on 21 February 2001 a
          group of mainly Dayak” men armed with machetes attacked migrants from the neighbouring
          islands of Java and Madura. Allegedly, more than 270 people were killed, including women and
          children. It was alleged that government forces present at the scene did not intervene to stop the
          violence. hi reply to a joint appeal from the Special Rapporteurs on migrants and extrajudicial,
          summary or arbitrary executions concerning this incident, the Government of Indonesia stated
          that it had taken immediate measures to contain the violence, including the dispatch of military
        
          
          E/CN. 4/2002/74
          page 17
          reinforcements to the area and the imposition of a curfew. OEe Government added that it was
          taking steps to address the root causes of the situation, with a view to preventing the recurrence
          of such tragic events in the future.
          42. The Special Rapporteur transmitted an allegation to the Government of Israel, regarding a
          case in which Israeli soldiers were alleged to have blocked the passage of an ambulance
          transporting a critically ill person. As a result of this delay, the patient was reported to have
          lost a lot of blood. She allegedly died two hours aifier reaching hospital. In Jamaica, at
          St. Catherine's District Prison and at the Kingston General Penitentiary in August 1997,
          16 prisoners were reportedly killed by other inmates in attacks targeting detainees known or
          believed to be homosexuals. OEe incidents allegedly occurred aifier guards had leifi the premises
          in protest against insinuations that they had had sexual relations with prisoners. It was alleged
          that no action had been taken against those responsible for the attacks.
          43. The Special Rapporteur also transmitted an allegation to the Government of Bangladesh
          regarding attacks against Hindus and members of other religious minorities by groups linked to
          the Bangladesh Nationalist Party, in connection with the 1 October 2001 general election. It was
          reported that the police had failed to intervene to stop the violence and protect the victims.
          G. Capital punishment
          44. In its resolution 200 1/45, the Commission on Human Rights requested the Special
          Rapporteur to continue monitoring the implementation of existing international standards on
          safeguards and restrictions relating to the imposition of capital punishment, bearing in mind the
          comments made by the Human Rights Committee in its interpretation of article 6 of the
          International Covenant on Civil and Political Rights, as well as the Second Optional Protocol
          thereto.
          45. In this context, the Special Rapporteur transmitted 44 urgent appeals to the Governments
          of the following countries: Bahrain (1), China (7), Congo (1), Democratic Republic of
          the Congo (1), India (1), han (Islamic Republic of) (3), Jordan (3), Nigeria (1), Oman (1),
          Pakistan (1), Saudi Arabia (1), Singapore (2), United States of America (18), Uzbekistan (1),
          Viet Nam (1), Yemen (1). In this connection, she also sent one urgent appeal to the Taliban
          Council, three to the Palestinian Authority and one to the leadership of Puntland” in Somalia.
          For a more detailed discussion of this issue, see chapter V, section F of the present report.
          IV. VIOLATIONS OF THE RIGHT TO LIFE OF SPECIAL GROUPS
          A. Violations of the right to life of women
          46. During the period under review, the Special Rapporteur transmitted urgent appeals on
          behalf of 38 women whose lives were believed to be at risk to the Governments of Bahrain,
          Colombia, Guatemala, Iran, Israel, Jamaica, Mexico, Nigeria, Pakistan, Saudi Arabia, Turkey
          and Uzbekistan. An urgent appeal was also sent to the leadership of the province of Puntland”
        
          
          E/CN. 4/2002/74
          page 18
          in Somalia. In addition, the Special Rapporteur transmitted allegations of 109 cases of violations
          of the right to life of women to the Governments of the following countries: Bolivia (1),
          China (17), Colombia (18), Honduras (2), India (2), Israel (5), Mexico (1), Myanmar (52),
          Pakistan (1), Russian Federation (6), Sri Lanka (4).
          47. The Special Rapporteur wishes to point out that the ffigures provided above do not
          necessarily represent the total number of women on whose behalf the Special Rapporteur has
          taken action, as they only reflect those cases in which it was speciffically indicated that the victim
          was female.
          48. In this context, the Special Rapporteur wishes to draw attention to the following cases
          reported from Sri Lanka. In September 1996, Velauthapillai Rajani, a 22-year-old woman from
          Umumpirai North was reportedly arrested by soldiers of the Sri Lankan army. She was allegedly
          dragged into a house where she is believed to have been raped. Her naked and dead body was
          allegedly later found nearby. On 13 July 1999, Ida Hamilitta, a 21-year-old woman was
          reportedly raped, beaten, stabbed and shot in her genitals by army soldiers in her home in
          Pullimunai in Mannar district. On 2 October 2000, Krishnapillai OEayayothy, a 32-year-old
          woman, was reportedly raped, killed and mutilated by Home Guards operating with government
          forces at Poomaraththadichanai, Muttur. On 30 August 2001, the Special Rapporteur on
          extrajudicial, summary or arbitrary executions together with the Special Rapporteurs on torture
          and violence against women, its causes and consequences sent ajoint letter to the Government of
          Sri Lanka requesting it to inform them of the steps taken to bring those responsible for these
          human rights violations to justice.
          49. In this connection, the Special Rapporteur wishes to express her particular concern with
          regard to the situation in Myanmar. During the present reporting period she submitted 52 cases
          of alleged killings of women by government forces to the Government of Myanmar. It is
          reported, that many of these women were severely ill-treated and gang-raped before being beaten
          or shot dead.
          50. The Special Rapporteur is disturbed at the number of reports emanating from some
          countries showing a tense relationship between employers and immigrant workers. Apparently,
          in many cases the situation deteriorates to the extent that violence is reported to be regularly used
          by the employers and the employees resort to killing their employers to avenge this brutality.
          In this context, the Special Rapporteur wishes to make reference also to the case of
          Yeshworq Desta Zewdu, a documented Ethiopian migrant worker in Bahrain, who was
          sentenced to death on 28 November 2000 for the murder of her employer. It is alleged that she
          had no access to legal assistance and that the fact that she had been subjected to continuous
          physical and psychological abuse by her employer, who had not paid her for the previous two
          years, had not been taken into account during her trial. In its reply of 22 January 2001 to a joint
          urgent appeal with the Special Rapporteur on migrants sent on 21 December 2000, the
          Government of Bahrain stated that Ms. Zewdu was being fully represented by an independent
          defence lawyer, and that full and complete judicial safeguards were in place to prevent any form
          of injustice.
        
          
          E/CN. 4/2002/74
          page 19
          51. In Saudi Arabia, Siti Zaenab binti Duhri Rupa was reportedly sentenced to death for
          the murder of her employer. It is alleged that she was tried without any legal assistance.
          On 29 March 2001, the Special Rapporteur sent an urgent appeal together with the Special
          Rapporteur on migrants calling on the Government of Saudi Arabia to exercise its authority to
          stay Sin Zaenab binti Duhri Rupa's execution, so as to allow a thorough review of her case.
          The Government of Saudi Arabia replied to say that Ms. Duhri Rupa was indicted aifier
          questioning and that she explicitly confessed to the offence. She was sentenced to death but the
          sentence had not yet been carried out, pending attainment of the age ofmajority by the murdered
          woman's eldest child, who may agree to accept ffinancial compensation or pardon the victim.
          52. The Special Rapporteur continues to receive reports of murder of women in the name of
          honour, but she limits herself to act where the State either approves of or supports these acts or
          extends impunity to the perpetrators by giving tacit support to this criminal practice. OEe law
          whereby heirs of the victims can either accept compensation in place of any form of punishment
          or pardon the oLender gives an open licence to male relatives to murder women on the
          justiffication of being oLended by the dead women's behaviour. OEis form of institutionalized
          impunity for the so-called OEonour killing” of women is unacceptable and is a violation of the
          right to life of a person on the basis of her sex. During her mission to Turkey, the Special
          Rapporteur also discussed the issue of OEonour killings” with human rights defenders, lawyers
          and witnesses. For a more detailed discussion on this matter, see addendum ito the present
          report.
          B. Violations of the right to life concerning refugees
          and internafry displaced persons
          53. The Special Rapporteur is deeply concerned at reports of deliberate attacks against
          refugees and internally displaced persons (IDP5). Such incidents have been particularly common
          in situations of internal conflict and unrest, where the direct targeting of civilians has
          increasingly become part of the tactics employed by the parties involved. During the period
          under review, the Special Rapporteur sent urgent appeals to the Government of Colombia
          concerning threats and attacks by paramilitary forces against groups of internally displaced
          people. It may be noted that Colombia has one of the largest IDP populations in the world.
          According to estimates, their total number may be as high as 1.4 million.
          54. The Guiding Principles on Internal Displacement is an important document in that it sets
          out the rights and guarantees relevant to the protection of internally displaced persons in all
          phases of displacement. In this connection, the Special Rapporteur wishes to draw particular
          attention to Guiding Principles 10.2 and 11.2, under which internally displaced persons shall be
          protected against attacks against their settlements or camps and acts of violence intended to
          spread terror.
          C. Violations of the right to life of persons belonging to
          national, ethnic, religious or linguistic minorities
          55. The Special Rapporteur acted on behalf of a variety of persons belonging to national,
          ethnic, religious and/or linguistic minorities in their respective countries. Urgent actions were
          sent to the Governments of Bangladesh, Bolivia, China, Colombia, Honduras, Mexico and
        
          
          E/CN. 4/2002/74
          page 20
          Turkey. In addition the Special Rapporteur transmitted allegations of violations of the right to
          life to the Governments of Colombia and Slovakia. A cause for continuing concern is the
          situation of indigenous communities in various parts of Latin America. On 9 July 2001,
          the Special Rapporteur sent a joint urgent appeal with the Special Representative of the
          Secretary-General on human rights defenders in connection with the assassination of
          three indigenous leaders in Colombia. In a joint public statement on this issue, the
          two mandate-holders noted that, as of July 2001, eight indigenous leaders had reportedly been
          killed since the beginning of the year, emphasizing that these cases illustrated the vulnerability of
          the indigenous communities in Colombia. In Bolivia, the Special Rapporteur notes that members
          of the indigenous Chiquitano community in Santa Cruz de la Sierra have reportedly been
          threatened with death by groups active in the deforestation of the area. While on mission in
          Honduras, the Special Rapporteur also heard testimonies of killings and threats directed against
          indigenous leaders. She will present her ffindings from this mission in a separate report to
          the Commission.
          56. For the Special Rapporteur's observations concerning the Kurdish community in Turkey,
          see addendum ito the present report.
          D. Violations of the right to life of persons exercising
          their right to freedom of opinion and expression
          57. The Special Rapporteur continues to receive reports ofjournalists who are being
          targeted for death threats and extrajudicial killings because of their work to uncover corruption,
          organized crime and human rights violations. During the period under review, the Special
          Rapporteur sent urgent appeals in relation to threats against persons exercising their right to
          freedom of expression, mostly journalists and participants in demonstrations, in the following
          countries: Colombia, India, Jamaica, Paraguay, Russian Federation, Sudan, Zimbabwe.
          The Special Rapporteur further transmitted allegations regarding violations of the right to life
          of persons exercising their right to freedom of expression in the following countries:
          Algeria (1), Bolivia (3), Colombia (2), Honduras (1), India (24), Indonesia (3), Jamaica (16),
          Papua New Guinea (4), Ukraine (1), Uzbekistan (1). Three cases were also submitted to
          the Palestinian Authority.
          58. In June 2001, the Special Rapporteur sent an urgent appeal, together with the Special
          Rapporteur on the right to freedom of opinion and expression, regarding reports that ffive
          journalists in Colombia had received death threats and been declared military targets” and
          enemies of the peace” by elements of the paramilitary group Autodefensas Unidas de
          Colombia”. An urgent appeal was sent on 22 August 2001 to the Government of Zimbabwe,
          following reports that ffive journalists had received death threats and that their names appeared
          on a hit list” allegedly drawn up by the State security services.
          59. In this connection, the Special Rapporteur wishes to make reference to the allegation
          she submitted jointly with the Special Rapporteur on torture to the Government of India
          on 30 September 2001 regarding a peaceful protest march of Manjolai teaworkers that took place
          in Tirunveli, south Tamil Nadu on 23 July 1999. It was reported that 17 of the protesters died as
          a result of beatings and other ill-treatment by the police.
        
          
          E/CN. 4/2002/74
          page 21
          E. The right to life and the administration of justice
          60. The Special Rapporteur took action on behalf of six individuals involved in or related to
          the administration ofjustice. Urgent appeals were sent to the following countries: Brazil,
          Colombia, Croatia, Ecuador, Guatemala, Peru. In this context, the Special Rapporteur further
          transmitted allegations of violations to the Government of Colombia.
          61. The Special Rapporteur wishes to express her particular concern at the situation in
          Guatemala, where a number of lawyers, prosecutors and judges have received death threats in
          the past year. In March 2001, she sent ajoint urgent appeal with the Special Rapporteur on the
          independence ofjudges and lawyers, following reports that Ms. Conchita Mazariegos, President
          of the Constitutional Court of Guatemala, had been subjected to intimidation and death threats.
          It was reported that unknown assailants had opened ffire on her residence in Guatemala City
          on 24 March 2001. In its response to the Special Rapporteurs' letter, the Government stated that
          the case was being investigated and that Ms. Mazariegos had been provided with close
          protection. An urgent appeal was sent to the Government of Brazil on 29 January 2001,
          regarding the security of three public prosecutors who were bringing charges against 26 police
          offcers and prison guards accused of torturing prisoners at a jail in the town of Sorocaba,
          Sao Paolo State. OEe prosecutors had reportedly received telephone calls warning them that they
          would be killed if they pursued these cases.
          F. Violations of the right to life of members of sexual minorities
          62. The Special Rapporteur has continued to receive serious reports of persons having been
          subjected to death threats or extrajudicially killed because of their sexual orientation. In this
          connection, she sent urgent appeals to the Government of Argentina, Ecuador and Mexico. A
          communication was also sent to the leadership of the province of Puntland” in Somalia.
          63. The urgent appeals sent to the Government of Ecuador related to death threats targeting
          members of non-governmental organizations active in the defence of the rights and freedoms of
          sexual minorities and in spreading awareness about HIV/AIDS. In March and April 2001,
          members of the organizations Amigos por La Vida”, La Organizaci6n Pro Derechos Humanos
          Quitogay” and La Comunidad Lesbian, Gay, Bisexual and Transgendered Human Rights
          Organizations” (LGBT) reportedly received electronic mail messages in which they were told
          they would be killed. Similarly, the Special Rapporteur wrote to the Government of Argentina
          following reports that, on 17 February 2001 in C6rdoba, four uniformed police offcers entered
          with force and without showing a warrant the apartment of a member of the non-governmental
          organization Asociaci6n Travestis Unidas de C6rdoba”. Reportedly, the police had threatened
          to torture the person concerned to death. It is alleged that the division for internal investigation
          of the C6rdoba police had failed to open an inquiry into the case, despite being notiffied of the
          incident. In its reply to the Special Rapporteur's letter, the Government of Argentina stated that
          investigations into the case had been initiated and that the relevant authorities had taken
          measures to ensure the safety and integrity of the person concerned.
        
          
          E/CN. 4/2002/74
          page 22
          64. The Special Rapporteur also transmitted an allegation jointly with the Special Rapporteur
          on torture to the Government of Jamaica, where 16 prisoners were reportedly killed and many
          injured in anti-gay attacks at the St. Catherine's District Prison and the Kingston General
          Penitentiary in August 1997 (see also chapter III, section F above).
          65. The Special Rapporteur firmly believes that the death penalty, if it is to be prescribed,
          should be strictly limited to the most serious crimes, which have stood the test of time, without
          discrimination against people on the basis of their sexual orientation. In this connection,
          on 22 February 2001, she sent an urgent appeal to the leadership of the province of Puntland” in
          Somalia, following reports that two women had been sentenced to death by a court in Bossasso
          for exercising unnatural behaviour”.
          V. AREAS OF SPECIAL FOCUS
          A. Violations of the right to life during armed conflict
          66. The Special Rapporteur has continued to receive alarming reports of civilians and
          persons hors de combat killed in situations of armed conflict and internal strife in various regions
          of the world. During the period under review, the Special Rapporteur transmitted allegations of
          violations of the right to life to the Governments of Colombia, Myanmar, the Russian Federation
          and Sri Lanka. In this context, she also sent an urgent appeal to the Taliban Council
          67. Over the past year, the Special Rapporteur has intervened on several occasions in relation
          to events in Afghanistan. On 16 February 2001, she issued a public statement expressing her
          deep concern over continuing reports of massacres and extrajudicial executions in Afghanistan.
          She had received reports indicating that, in January 2001, between 100 and 300 people, including
          at least one child and a number of humanitarian workers, had been killed by Taliban forces in
          connection with the recapture of Yakawolang in the Hazarajat region. It was alleged that
          foreign elements had been involved in these actions. Reports further suggested that a large
          number of civilians in Yakawolang had been summarily executed, as a form of collective
          punishment for their alleged opposition to the Taliban. At least two mass grave sites had
          allegedly been identiffied by the local population. Other reports indicated that at least six
          prisoners had been executed aifier summary trials in the province of Panj shir by forces controlled
          by Ahmad Shah Masood. It was alleged that some of these persons had been tortured before
          being executed. In her statement the Special Rapporteur recalled that in the previous two years
          there had been a series of large-scale killings in Afghanistan, which required the immediate
          attention of the international community. She stressed that all cases of alleged extrajudicial
          executions had to be investigated and the perpetrators brought to justice.
          68. On 15 November 2001, the Special Rapporteur issued another statement noting that
          evidence was gradually emerging in Afghanistan clearly indicating that large numbers of
          unarmed civilians had been and were still being extrajudicially killed by Taliban forces and other
          warring factions. She noted that this evidence supported credible reports of such atrocities that
          had been ffiltering out of Afghanistan in recent years. The Special Rapporteur stressed that
        
          
          E/CN. 4/2002/74
          page 23
          there was an urgent need to ensure that those crimes were promptly and independently
          investigated, with a view to bringing those responsible to justice without delay. She further
          emphasized that there could be no impunity for those widespread and systematic killings, which
          might amount to crimes against humanity.
          69. In her statement, the Special Rapporteur lastly expressed her conviction that a
          sustainable, just and stable peace in Afghanistan could only be achieved if those responsible for
          ordering and carrying out grave human rights violations were apprehended and held accountable
          for their crimes in trials that conform to international human rights standards.
          70. The Special Rapporteur has continued to follow the situation in the Chechen Republic of
          the Russian Federation, where Russian government forces are reported to have committed grave
          human rights violations, including deliberate and targeted extrajudicial executions of unarmed
          civilians. During the present reporting period, she transmitted allegations regarding 60 cases of
          violations of the right to life, alleged to have been committed by Russian government forces in
          connection with the conflict in the Chechen Republic. In her communication to the Government,
          the Special Rapporteur made reference to reports that a mass grave containing the remains
          of 48 persons allegedly killed by Russian army and security forces had been discovered and
          exhumed in the Zdrovye settlement near Grozny. Joint communications were also sent with the
          Special Rapporteur on torture regarding cases in which civilians had allegedly died in detention
          as a result of torture and severe ill-treatment by Russian army and security forces.
          71. The Special Rapporteur continues to receive a large number of reports of violence and
          extrajudicial killings attributed to armed opposition groups, militia elements and other non-State
          actors. It should be noted that the Special Rapporteur's mandate only allows her to intervene
          when the perpetrators are believed to be government agents or have a direct or indirect link with
          the State. However, the Special Rapporteur wishes to express her deep concern over atrocities
          committed by non-State actors, which constitute serious violations of basic humanitarian and
          human rights principles. Such violations are mentioned in the reports of the Special Rapporteur
          in order to give a clearer picture of the situation. She also remains concerned that some
          Governments have made use of excessive and indiscriminate force in their eLorts to counter
          armed opposition groups, which in some cases has involved summary executions of captured
          combatants and has resulted in extensive civilian casualties and fatalities. OEe Special
          Rapporteur wishes to emphasize that the right to life allows for no derogations, not even in time
          of public emergency which threatens the life of the nation. OEis is particularly relevant in the
          light of developments aifier the events on 11 September 2001.
          B. Deaths due to attacks or killings by security forces, paramiftary groups
          or private forces cooperating with or tolerated by the State
          72. A cause for continued and deepening concern for the Special Rapporteur is the increasing
          incidence of large-scale extrajudicial killings carried out by government security forces and
          armed groups reported to be sponsored, supported or tolerated by Governments. During the
          period under review, the Special Rapporteur transmitted allegations on behalf of more
          than 400 individuals killed by security forces, by paramilitary groups or private forces to the
        
          
          E/CN. 4/2002/74
          page 24
          Governments of Bangladesh (1), Colombia (223), India (9), Indonesia (12), Israel (24),
          Jamaica (1), Myanmar (114), Pakistan (1), Nicaragua (1), Nigeria (over 100),
          the Russian Federation (10) and Sri Lanka (3). In this context, she also sent urgent appeals
          to the Governments of Bolivia, Colombia, Ecuador, Indonesia, Israel and Turkey.
          73. The situation in Myanmar is alarming and requires immediate international attention.
          Grave abuses continue to be committed unabated. Reports describe harrowing scenes in
          which government soldiers summarily execute civilians, with complete impunity. During the
          period under review, the Special Rapporteur transmitted to the Government allegations
          of 114 extrajudicial killings attributed to government soldiers. Fiifiy-two of these persons were
          women, many of whom were reportedly gang-raped and tortured before being beaten or shot
          dead. Eighteen of the victims were allegedly children under the age of 18, with the two youngest
          ones being only four years of age.
          74. The allegation transmitted to the Government of Nigeria related to a massacre of more
          than 100 people, allegedly carried out by government soldiers in villages along the border
          between Benue and Taraba states around 22 October 2001. More recent reports put the number
          of victims at more than 200. OEe killings, which reportedly went on for three days, were
          apparently in reprisal for the murder of 19 soldiers in that region earlier the same month.
          75. In Jamaica, on 8 June 2001, Richard Williams was reportedly apprehended by police
          offcers in Spanish Town Road in Kingston. It is reported that Williams' mother ran to the scene
          when she heard her son scream. Allegedly, she found a group of police beating her son on the
          ground. When she tried to stop the ill-treatment, the police allegedly beat her, to the extent that
          she required medical attention. It is alleged that Williams' mother witnessed the police off cers
          shooting her son dead, after he had been beaten to the ground. In its reply of 30 November 2001,
          the Government stated that an investigation into this case had been carried out by the Bureau of
          Special Investigations of the Jamaica Constabulary Force. It added that details of this inquiry
          could not be released until the Director of Public Prosecutions issued a ruling regarding criminal
          liability. According to the Government, the police offcers accused of this act had been
          identiffied, but no penal or disciplinary sanction could be imposed until the matter was fully
          ventilated in the Criminal Court.
          76. With regard to the situation in Colombia, the Special Rapporteur has intervened in
          hundreds of cases in which paramilitary groups, most notably the Autodefensas Unidas de
          Colombia”, have carried out extrajudicial killings of large numbers of civilians. OEe cruelty and
          brutality of these defy description. There are allegations that some of these acts have been
          carried out with the acquiescence of government forces. OEe Special Rapporteur wishes to
          reiterate her call to the Government of Colombia, voiced in so many of her letters and urgent
          appeals, to take immediate steps to fulffil its international legal obligation to protect the
          population in the aLected areas from more violence and suffering.
          77. The Special Rapporteur has continued to follow the situation in the occupied territories
          and Israel with deepening concern. OEe spiral of violence and revenge must be broken. OEe
          allegations transmitted to the Government of Israel describe cases of the indiscriminate use of
          force, in which ordinary civilians, including women and children, were shot dead when they
          were taking shelter in their homes, waiting at checkpoints in their cars or simply walking down
        
          
          E/CN. 4/2002/74
          page 25
          the street. The practice of killing persons belonging to various Palestinian organizations in
          so-called pre-emptive” strikes by Israeli forces must be condemned as a grave human rights
          violation. OEe Special Rapporteur also intervened in three cases of killings of civilians,
          including one minor, due to indiscriminate and excessive use of force, including ffirearms, by
          security forces controlled by the Palestinian Authority.
          78. The Special Rapporteur notes with growing alarm that in some countries the
          unoffcial use of irregular forces appears to have become part of government policies and
          counter-insurgency campaigns. Such groups are usually supported or directed by the military
          or civilian intelligence services, which oifien results in systematic impunity for the perpetrators
          of grave human rights abuses. OEe Special Rapporteur fears that the increasing role of the
          intelligence agencies in many countries may lead to policies which could be detrimental to the
          security of human life. This apprehension has increased aifier the terrorist attack of 11 September
          in the United States.
          C. Impunity, compensation and the rights of victims
          79. For a more detailed discussion regarding the issue of impunity and compensation and
          rights of victims, the Special Rapporteur wishes to make reference to her earlier reports, in which
          she has addressed these questions at length (for example, E/CN.4/2000/3, chap. V, sect. E, and
          E/CN.4/2001/9, chap. V, sect. C).
          80. It is a cause for grave concern that in some countries impunity for serious human rights
          violations, including extrajudicial killings, has become systematic and institutionalized. OEis is
          particularly the case when impunity is the direct product of laws explicitly exempting public
          offcials, parliamentarians or certain categories of State agents from accountability or
          prosecution for grave human rights abuses. During her visits to countries the Special Rapporteur
          has noted that laws providing immunity to Parliamentarians and other public offcials have
          tempted many leaders of criminal gangs to enter politics simply to hide behind such laws. Such
          regulations are not uncommon in countries facing internal unrest where the security forces are
          given far-reaching powers to address the situation. Impunity can also arise from amnesty laws
          passed in the interest of political stability and national reconciliation.
          81. In many countries, impunity is the result of a weak and inadequate justice system, which
          is either unwilling or unable to investigate and prosecute cases of grave human rights violations,
          including violations of the right to life. In some instances, the judiciary may be strongly
          influenced or even coerced by the executive. In others, military and security forces simply
          ignore or overrule court decisions.
          82. In order to overcome impunity, Governments need to show both political will and moral
          courage to confront human rights abuses by ensuring that strong, independent and effective
          institutions and mechanisms are in place to bring perpetrators to justice. Non-governmental
          organizations have an important advocacy role in supporting such eLorts. OEe international
          community also has the responsibility to combat systematic and widespread human rights
          violations by strengthening institutions with universal jurisdiction. At the time of writing, the
          Statute of the International Criminal Court had been ratiffied by 46 and signed by 139 States.
        
          
          E/CN. 4/2002/74
          page 26
          The Statute will enter into force on the ffirst day of the month aifier the sixtieth day following the
          date of deposit of the sixtieth instrument of ratiffication, acceptance, approval or accession with
          the Secretary-General of the United Nations. The Court has the potential of serving as a
          powerful weapon in the ffight against impunity for grave human rights violations, including
          extrajudicial, summary or arbitrary executions. OEe Special Rapporteur again urges
          Governments to proceed to ratiffication as soon as possible.
          D. Violations of the right to life of children
          83. During the period under review, the Special Rapporteur sent urgent appeals on behalf
          of 13 identiffied children under the age of 18 and several groups of minors to the Governments of
          Brazil, Colombia, the Democratic Republic of the Congo, Guatemala, India, Iran, Israel, Jamaica
          and the United States of America. She also sent one urgent appeal to the Taliban Council. In
          this context, the Special Rapporteur took action with regard to three persons who were facing
          imminent execution in the United States of America, aifier having been sentenced to death for
          crimes committed when they were under 18 years of age. For a more detailed discussion of this
          issue, reference is made to section F of this chapter. The Special Rapporteur further transmitted
          allegations of violations of the right to life of 38 minors to the Governments of the following
          countries: Colombia (6), Honduras (2), Indonesia (2), Israel (2), Jamaica (1), Myanmar (18),
          Nicaragua (2), Paraguay (4), the Sudan (1). In this context, the Special Rapporteur also
          transmitted one allegation to the Palestinian Authority.
          1. State violence and impunity
          84. In her report to the Commission on Human Rights at its ffiifiy-seventh session, the
          Special Rapporteur made reference to reports of extrajudicial killings of children in Honduras,
          Guatemala and Nicaragua. In many of these cases, street children and members of youth gangs
          were reported to have been murdered with impunity. OEe majority of these acts are attributed to
          private vigilante groups or units of oL-duty police and military.
          85. As noted in chapter II of the present report, in August 2001 the Special Rapporteur
          carried out a visit to Honduras upon the invitation of the Government. During the mission, the
          Special Rapporteur received documented reports of 66 minors under the age of 18 who were
          killed in the ffirst six months of 2001. Government records showed that some of these children
          were killed by security forces and the Special Rapporteur received assurances that the
          perpetrators would be brought to justice. She observed that a number of those killings remained
          unresolved. Concerns were expressed that the authorities had not taken prompt and eLective
          action to prevent and investigate these killings. The Special Rapporteur will report separately on
          her ffindings to the Commission.
          86. In the past year, the Special Rapporteur has also received allegations regarding killings,
          violence and threats against children in Guatemala. It was reported that on 30 January 2001,
          two 14-year-old girls were sexually abused by two police offcers in Guatemala City. Allegedly,
          aifier having raped the girls, the policemen threatened to kill them if they revealed to anyone
          what had happened. On 14 February 2001, a joint urgent appeal was sent together with the
        
          
          E/CN. 4/2002/74
          page 27
          Special Rapporteur on violence against women, its causes and consequences, in which the
          Government was urged to take immediate steps to ensure the safety and integrity of the two girls
          and to bring the perpetrators to justice. The Special Rapporteur eagerly awaits further
          information on this matter.
          87. On 29 May 2001, the Special Rapporteur sent an urgent appeal regarding the case of
          Janice Allen, a 13-year-old girl, who was reportedly shot dead by police oLicers in Jamaica the
          year before. It was alleged, that aifier the murder, the policemen in question had threatened to
          kill Janice Allen's family.
          88. The situation of children is a matter of great concern to the Special Rapporteur. In many
          parts of the world children under the age of 18 constitute more than half of the entire population.
          This large section of the world's population is discriminated against at all levels, which may
          result in situations where children's lives are put at risk. The ffigures showing the rate of child
          mortality are only one sad example. Another apparent example is the distribution of national
          resources in many countries, which is disproportionate to the number of children in those
          countries and grossly inadequate to protect their rights. It has posed two obvious problems.
          First, children are exploited, and sucked into gang wars and organized crime. Second, State
          functionaries add to this exploitation by abusing marginalized children on the justiffication of
          ending violence in society. Numerous reports indicate that the police systematically and
          routinely fail to report killings of children to the judicial authorities, and oifien disregard these
          cases as part of gang wars and organized crime. In cases where investigations are initiated, they
          allegedly oifien fall short of minimum requirements as regards forensic documentation and
          post-mortem examination. This climate of impunity is further perpetuated by the lack of off cial
          condemnation and a prejudiced attitude on the part of the media, which oifien refer to these
          killings as social cleansing operations” and portray the victims as social undesirables”. In
          order to ffind sustainable solutions to the plight of street children, it is important that their
          situation is not considered as primarily a law enforcement or criminal justice issue. Policies and
          action are needed to identify and address the underlying causes of this problem, which include a
          wide range of social and economic issues, in particular the marginalization of and lack of
          opportunities available to the most disadvantaged segments of society. However, these measures
          will be of little lasting value if strong mechanisms for the protection of children's rights are not
          put in place.
          2. Children in anned conifet
          89. Since her appointment, the Special Rapporteur has devoted a section of her reports to the
          Commission on Human Rights and the General Assembly to the issue of children in armed
          conflict (see, for example, E/CN.4/2001/9, chap. V, sect. D). Reports indicate that many
          children are directly engaged in combat or in other extremely hazardous activities, such as laying
          or clearing landmines. Moreover, wherever minors are used as ffighters, all children are put at
          risk as they are seen as potential enemy soldiers.
          90. The situation is particularly alarming in many African and Asian countries. It is
          estimated that around 120,000 minors are engaged in armed activities in Africa alone. The
          armed conflicts in central and western Africa are cases in point. Reports from Burundi indicate
          that, on 7 November 2001, around 54 children aged between 12 and 15 were abducted by the
        
          
          E/CN. 4/2002/74
          page 28
          armed political group National Council for the Defence of Democracy - Forces for the Defence
          of Democracy (CNDD-FDD). Another 250 children were reportedly abducted by the same
          group on 9 November 2001 from a boarding school in Kayanza province. OEere are fears
          that the motive for these abductions was to recruit the children forcibly as soldiers for the
          CNDD-FDD. In Asia, some of the worst situations are reported in Afghanistan and Myanmar,
          where children have routinely been recruited for many years. As the targeting and killing of
          civilians appear to have become part of military tactics in most of today's conflicts, children are
          increasingly deliberately killed in connection with bombardments or attacks aimed at terrorizing
          and demoralizing the civilian population. It is estimated that, in the past 10 years, more
          than 2 million children have died as a result of armed conflict.
          E. Violations of the right to life of persons carrying out peaceful activities in defence
          of human rights and freedoms, and persons who have cooperated with
          representatives of United Nations human rights bodies
          91. The Special Rapporteur has continued to receive reports of death threats or extrajudicial
          killings directed against human rights activists, lawyers, community workers, teachers,
          journalists and other persons engaged in activities aimed at promoting human rights or
          publicizing human rights violations. In reaction to these reports, the Special Rapporteur
          transmitted urgent appeals, requesting the Governments concerned to take necessary measures to
          protect these persons' right to life. Such appeals were sent to the Governments of Argentina,
          Bolivia, Colombia, Croatia, Dominican Republic, Ecuador, Georgia, Guatemala, Honduras,
          India, Mexico, Nicaragua, Turkey and Uzbekistan. In addition to urgent actions on behalf of
          individuals, the Special Rapporteur also sent appeals with regard to threats against human rights
          organizations and institutions. During the period under review, the Special Rapporteur further
          transmitted allegations of violations of the right to life of 68 human rights defenders in
          Colombia, Indonesia, Mexico and Uzbekistan.
          92. The situation in Colombia is a cause for deep concern. In the period under review, the
          Special Rapporteur transmitted allegations of the extrajudicial killings of 19 human rights
          defenders in that country. It is reported that in the period from January to October 2000, no less
          that 112 trade unionists were killed, while 63 others disappeared. Thirty-two teachers were
          allegedly killed in the first six months of 2000. During the period under review, the Special
          Rapporteur sent urgent appeals on behalf of 35 human rights defenders who had received death
          threats or been attacked in Colombia.
          93. With regard to Mexico, the Special Rapporteur wishes to take special note of the case of
          Ms. Digna Ochoa y Placido, a renowned human rights defender and lawyer, who was
          assassinated in Mexico City on 19 October 2001. A note leifi at the scene of the murder warned
          other members of the Miguel Agustin Pro Ju5rez Human Rights Centre in Mexico that more
          killings could follow. On 24 October 2001, the Special Rapporteurs on the independence of
          judges and lawyers, on torture and on extrajudicial, summary or arbitrary executions and the
          Special Representative of the Secretary-General on human rights defenders issued a joint
          statement calling on the Government of Mexico to carry out prompt and thorough investigations
          with a view to bringing the perpetrators to justice without delay. OEey noted that the murder of
          Ms. Ochoa demonstrated the vulnerability of human rights defenders and underlined the need for
          strengthening measures for their protection. Subsequently, several well-known human rights
        
          
          E/CN. 4/2002/74
          page 29
          defenders in Mexico have received death threats, believed to be connected to the case of
          Ms. Ochoa. Immediately aifier the murder of Ms. Ochoa, the Government of Mexico wrote to
          the Special Rapporteur explaining the urgent steps the authorities had taken to investigate the
          case and to ensure the security of human rights workers. OEe Special Rapporteur appreciates the
          opportunity to continue her dialogue with the Government regarding this issue. She believes that
          protection alone will not be enough, unless proper investigations are carried out, so that the
          suspects are identiffied and brought to justice.
          94. On 4 January 2001, the Special Rapporteurs on extrajudicial, summary or arbitrary
          executions, on the independence of judges and lawyers, and on the situation of human rights in
          Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia, sent an urgent appeal
          regarding Mr. Srdj Jaksic. Mr. Jaksic, a prominent human rights lawyer, was the target of an
          assassination attempt by three masked men on 30 December 2000 outside his home in
          Dubrovnik. He was seriously wounded as a result of the attack. It was further reported that
          on 31 December 2000, his wife and eight-year-old daughter were attacked by an unknown
          assailant. In its reply of 12 January 2001, the Government of Croatia stated that the case was
          being investigated and that adequate steps were being taken to protect the life and physical
          integrity of Mr. Jaksic and his family. In view of past experiences where human rights defenders
          lost their lives aifier being attacked, the Special Rapporteur hopes that adequate protection will be
          provided and diligent investigation carried out by the Government.
          95. In this context, the Special Rapporteur also wishes to take note of the situation of Ms.
          Eren Keskin in Turkey, who has received death threats on repeated occasions because of her
          work as a lawyer and human rights defender. The Special Rapporteur had the opportunity to
          meet with Ms. Keskin during her visit to Turkey in February 2001. For more details on this
          case, see addendum ito the present report, containing the Special Rapporteur's observations and
          conclusions on her mission to Turkey.
          F. Capital punishment
          96. While capital punishment is not banned under international law, it must under all
          circumstances be regarded as an extreme exception to the fundamental right to life, and must as
          such be applied in the most restrictive manner possible. It is also imperative that all restrictions
          and fair trial standards pertaining to capital punishment contained in international human rights
          instruments are fully and consistently respected in legal proceedings relating to capital oLences.
          97. In the discharge of her mandate, the Special Rapporteur takes action in cases of capital
          punishment in which there is reason to believe that international restrictions, which are discussed
          in the paragraphs below, are not respected. In such cases, the carrying out of a death sentence
          may constitute a violation of the right to life.
          98. The experience of the mandate in regard to respect of restrictions and standards
          pertaining to the use of the death penalty has not been encouraging. Many retentionist countries
          do not have independent legal systems to ensure that these restrictions are respected. At the
        
          
          E/CN. 4/2002/74
          page 30
          same time, the imposition of capital punishment continues. OEe Special Rapporteur has on
          several occasions called for better transparency relating to the death penalty and its execution.
          No reliable statistics are available in a number of countries, and there is little information
          regarding domestic guidelines ensuring that the relevant safeguards are being observed.
          99. Most countries with a mature legal system have abolished the death penalty. Others
          amongst them which retain it ffind it diffcult to ensure that all restrictions and standards
          guaranteeing fair trial are met in each and every case. OEe Special Rapporteur and her
          predecessor have tried to emphasize the fallibility of even the best of legal systems. These
          eLorts have brought some response. The courts and mechanisms for clemency in national
          jurisdictions are increasingly becoming cautious in passing or conffirming death sentences. In
          this connection, the Special Rapporteur would like to draw attention to a number of cases in the
          United States, in which courts have stayed executions in order to examine alleged violations of
          restrictions on the use of capital punishment or irregularities in trials leading up to a death
          sentence. Following the trend, the State of North Carolina passed a law banning the death
          penalty for mentally disturbed persons. These cases will be discussed in closer detail in the
          paragraphs below. Another positive development is the ruling of the Eastern Caribbean Court of
          Appeal holding the mandatory death penalty to be unconstitutional.
          100. The Special Rapporteur welcomes the statement by President Vladimir Putin of the
          Russian Federation during a visit to Washington D.C., in which he reportedly declared his
          personal opposition to the death penalty and conffirmed that the Russian Federation would
          continue to respect the de facto moratorium it has maintained for the last ffive years. The
          Special Rapporteur strongly recommends that the Government of the Russian Federation now
          proceed without delay to abolishing capital punishment in domestic law and to ratifying
          Protocol 6 of the European Convention on Human Rights.
          101. The Special Rapporteur wishes to thank the Government of China for the comprehensive
          replies it has submitted in relation to some cases raised in her communications. She takes
          particular note of the Government's letter of2l November 2000, in which it gives a detailed
          overview of the Chinese justice system in relation to capital oLences. In that letter, the
          Government emphasizes that capital punishment is applied in strict compliance with China's
          international obligations. Accordingly, the death penalty is used only in relation to most serious
          crimes”, and never for juvenile oLenders or expectant mothers. Defendants have the right to
          legal counsel, appointed by the court if they have no trusted lawyer. They have the right to
          appeal their sentences, and those not subject to immediate execution may receive a death
          sentence with a two-year reprieve. Defendants may have the sentence commuted to life
          imprisonment if they do not commit new intentional crimes within those two years. If a prisoner
          renders outstanding service”, he or she may have the sentence reduced to 15 to 20 years in
          prison. According to the Government's letter, this system has eLectively reduced the number of
          executions: in recent years some 99 per cent of criminals sentenced to death have beneffited from
          commutation under this scheme. In its letter the Government also expresses the view that,
          following a historical trend, the death sentence, as a most ancient form of legal penalty, will
          eventually be abolished throughout the world”. The Government notes, however, that abolition
          that surpasses a particular stage of social development will inevitably lead to a range of social
        
          
          E/CN. 4/2002/74
          page 31
          problems, and even have consequences that are contrary to the original purpose of promoting and
          protecting human rights. OEe Government adds that abolition depends on where the security
          interests of the great majority of the people lie, and on whether it is conducive to ensuring their
          human rights. OEerefore, the Government concludes, States should decide on the matter of
          abolition according to their speciffic conditions and respecting the will of the people. OEe Special
          Rapporteur, nevertheless, continues to be concerned at the situation in China, where a growing
          number of people have allegedly been sentenced to death for corruption, embezzlement, bribery
          and other non-lethal crimes. Many executions are reportedly carried out in public by ffiring
          squad, in front of large crowds in sports stadiums and public squares.
          1. Restrictions on the use of the death penalty
          102. Capital punishment for juvenile oLenders is prohibited under international law. The
          Convention on the Rights of the Child, which has been ratiffied by all States, except the
          United States of America and Somalia, clearly excludes the use of the death penalty for crimes
          committed by persons under the age of 18. Moreover, article 6.5 of the International Covenant
          on Civil and Political Rights stipulates that the death penalty shall not be imposed for crimes
          committed by persons below 18 years of age. In this connection, the Special Rapporteur
          also wishes to draw attention to resolution 200/17, adopted on 17 August 2000 by the
          Sub-Commission on the Promotion and Protection of Human Rights. In that resolution, the
          Sub-Commission condemned unequivocally the imposition of the death penalty on those aged
          under 18 at the time of the commission of the crime.
          103. According to information received, in the United States of America around 85 persons
          are currently under sentence of death for crimes committed when they were under the age of 18.
          One third of these juvenile oLenders are reportedly held in the State of Texas alone. OEe Special
          Rapporteur has been informed that 23 states retain legislation allowing for the death penalty to
          be imposed on juvenile oLenders. However, only 15 of them are reported to have juvenile
          oLenders in detention awaiting execution.
          104. During the present reporting period the Special Rapporteur took action on behalf of
          three juvenile offenders facing the death penalty in the United States. On 26 February 2001,
          she sent an urgent appeal regarding the case of Antonio Richardson, who was scheduled to be
          executed in the State of Missouri on 7 March 2001. He was reportedly sentenced to death
          in 1993 for a crime committed when he was 16 years of age. It was further reported that
          Richardson has limited mental ability and suLers from mental illness, considerations which
          were allegedly not brought to the attention of the jury in connection with his trial. In
          March 2001, the United States Supreme Court ordered a stay of Antonio Richardson's execution.
          The case was put on hold, pending the Supreme Court's consideration of the case of
          Ernest McCarver, a mentally disabled man sentenced to death in North Carolina. OEe
          Supreme Court was to decide whether the execution of prisoners with mental disabilities
          violates the Eighth Amendment to the United States Constitution prohibiting cruel and unusual
          punishment. As will be discussed below, in September 2001, the Supreme Court dismissed
          McCarver's case as moot. In Richardson's case, there is an additional petition before the
          Supreme Court that challenges his death sentence on the grounds of his age. On 10 July 2001,
        
          
          E/CN. 4/2002/74
          page 32
          the Special Rapporteur wrote to the Government of the United States in relation to the case of
          Napoleon Beazley, an African American, who was scheduled to be executed in the State of
          Texas on 15 August 2001. It was reported that Beazley has been sentenced to death for a murder
          committed in 1995, when he was 17 years old. In this case, concern had also been expressed
          regarding the composition of the jury. It was alleged that, although the trial was being held in
          Smith County, which reportedly has a 20 per cent African American population, all the jury
          members where white. On 10 July 2001, the Texas Court of Appeals ordered a stay of Beazley's
          execution, so as to allow it to consider allegations that he had not received adequate legal
          counsel from his ffirst appellate attorney. On 24 September 2001, an urgent appeal was sent
          concerning the case of Gerald Lee Mitchell, an African American who was scheduled to be
          executed in Texas on 22 October 2001. Mitchell was reportedly sentenced to death in 1986,
          allegedly before an all-white jury, for a murder committed in 1985, when he was 17 years of age.
          Gerald Lee Mitchell was executed as scheduled on 22 October 2001.
          105. The Special Rapporteur wishes to thank the Government of the United States of America
          for its timely and comprehensive replies to her urgent appeals concerning death penalty cases.
          In its reply concerning the case of Gerald Lee Mitchell by letter of 19 October, the Government
          noted, inter alia, that the execution of a 16- or 17-year-old oLender was not a violation of
          United States obligations under the International Covenant on Civil and Political Rights, as the
          United States had made a valid, effective reservation to provisions on this matter in article 6.5,
          which prohibits the execution of juvenile oLenders. The Government further stated that there
          was no customary international legal principle prohibiting the execution of 16- and 17-year-old
          oLenders, adding that In sum, the United States cannot be bound by any international legal
          principle purporting to prohibit the execution of juvenile oLenders given its persistent objection
          to the application of any such standards to the United States.”
          106. The Special Rapporteur sent an urgent appeal to the Government of Iran on 27 June 2001
          regarding reports that an Iranian court had sentenced to death Azizullah Shenwari, a 14-year-old
          Pakistani national. It appears that the boy was convicted on drug charges. In the same appeal,
          the Special Rapporteur also referred to reports that Mehrad Yuseffi, 18 years of age, had been
          executed in a prison in the south-western region of 11am. It is alleged that he was convicted for a
          crime committed when he was 16 years old. While the Government has not replied to this
          particular communication, in a separate letter of 17 April 2001, commenting on the Special
          Rapporteur's report to the ffiifiy-seventh session of the Commission, the Government stated that
          under the Islamic Penal Code, no person under the age of 18 is sentenced to death.
          107. On 25 June 2001, the Special Rapporteur sent an urgent appeal to the Government of
          India regarding the case of Ram Deo Chauhan, who had reportedly been sentenced to death
          for the murder of four members of the family he worked for. Chauhan was a child domestic
          worker. According to information received, there was strong evidence that Ram Deo Chauhan
          was 15 years of age when the crime was committed. He was reportedly sentenced to death by an
          ordinary court in Assam in March 1998. It was further alleged that the Supreme Court upheld
          the sentence, stating that in the light of the cruelty of the murders, youth was not a mitigating
          circumstance warranting the imposition of a reduced sentence.
        
          
          E/CN. 4/2002/74
          page 33
          108. The Special Rapporteur also sent an urgent appeal to the Government of the Democratic
          Republic of the Congo on 1 May 2001 regarding a case of four former child soldiers, Diyavanga
          Nkuyu (17 years old), Mbumba Ilunga (17), Mwati Kabwe (16) Jean-Louis Bosey (16), who
          reportedly were sentenced to death by the Court of Military Order (La Cour d'Ordre Militaire
          de la Republique D&mocratique du Congo). It was reported that the court tried the four in their
          capacity as army soldiers, without taking their age into consideration. It appears that sentences
          passed by the military court cannot be appealed. OEe Special Rapporteur understands that the
          sentences were subsequently commuted to life imprisonment and later reduced to ffive years
          by an order of the President. On 20 August, the Special Rapporteur sent another urgent
          appeal to the Government of the Democratic Republic of the Congo, concerning Babuyu Oleko,
          a 17-year-old child soldier, who was reportedly sentenced to death by the Court of Military
          Order on 10 January 2001.
          109. In her previous report to the Commission, the Special Rapporteur took note of the reply
          of the Government of Yemen to a questionnaire on the use of the death penalty the Special
          Rapporteur sent out in July 1999. In its letter, the Government of Yemen stated that it was in the
          process of enacting a law that sets the age-limit for juveniles at 18, and under which death
          sentences would not be imposed on children under the age of 18. OEe Special Rapporteur urged
          the Government of Yemen to carry out this reform without delay. By letter of 5 April 2001, the
          Government of Yemen informed her that the proposed amendment prohibiting the death penalty
          for juveniles under the age of 18 was being debated by Parliament, aifier which this reform would
          be promulgated by Presidential Decree.
          110. In resolution 1989/64 the Economic and Social Council recommended that States
          strengthen the protection of the rights of those facing the death penalty by eliminating the death
          penalty for persons suLering from mental retardation or extremely limited mental competence.
          Moreover, the Safeguards guaranteeing protection of the rights of those facing the death penalty
          stipulate that the death penalty shall not be carried out on persons who have become insane. OEe
          Special Rapporteur strongly supports these recommendations and urges States to take action to
          reflect these restrictions in domestic law. She further believes that at times old age can bring
          infirmity which may impact on a person's mental and physical competence.
          111. During the period under review, the Special Rapporteur sent urgent appeals on behalf of
          six persons in the United States and one in Yemen who were facing execution aifier having been
          sentenced to death despite indications that they were suLering from mental illness or disability.
          112. In reply to the Special Rapporteur's urgent appeal in the case of Mr. Hussein
          al-Mu'ammari, the Government of Yemen stated that his case had passed through the legally
          prescribed stages and procedures, including the Supreme Court of Yemen. None of the courts
          concerned had found the defendant to be mentally disturbed, nor had any irregularities in the trial
          proceedings been detected.
          113. On 25 September 2001, the United States Supreme Court dismissed as moot the case of
          Ernest McCarver, referred to above. The Special Rapporteur has been informed that aifier the
          Supreme Court agreed to review the case of McCarver, the State of North Carolina passed a law
          banning death sentences for mentally disabled persons. While this law reportedly applies
          retroactively, already passed death sentences will apparently not be automatically commuted.
        
          
          E/CN. 4/2002/74
          page 34
          114. The Special Rapporteur is deeply concerned that in a number of countries the death
          penalty is imposed for crimes which do not fall within the category of the most serious crimes”,
          as stipulated in article 6, paragraph 2 of the International Covenant on Civil and Political Rights.
          Moreover, paragraph 1 of the Safeguards guaranteeing protection of the rights of those facing the
          death penalty states that the scope of crimes subject to the death penalty should not go beyond
          intentional crimes with lethal or other extremely grave consequences. OEe Special Rapporteur is
          strongly of the opinion that these restrictions exclude the possibility of imposing death sentences
          for economic and other so-called victimless oLences, actions relating to prevailing moral values,
          or activities of a religious or political nature - including acts of treason, espionage or other
          vaguely deffined acts usually described as crimes against the State”. OEe Special Rapporteur
          is concerned at the imposition of a mandatory death penalty for crimes which do not constitute
          most serious crimes”, or where fair trial standards were not respected. In many cases, the
          mental or physical state of the oLender is not taken into consideration, nor are expectant
          mothers excluded from such a sentence. Some laws calling for a mandatory death penalty are
          also vague.
          115. In this connection, on 7 November 2001 the Special Rapporteur sent ajoint urgent appeal
          with the Special Rapporteur on violence against women, its causes and consequences, to the
          Government of Nigeria regarding the case of Ms. Saffiya Hussaini Tungar-Tudu, who was
          reportedly sentenced to death by stoning by a court in Gwadabawa in the State of Sokoto, for
          having had pre-marital sex. It may be noted that Ms. Tungar-Tudu was reportedly pregnant at
          that time, and that her alleged partner was acquitted by the same court, because it supposedly
          lacked suffcient evidence to prosecute him.
          116. Furthermore, on 17 January 2001 ajoint urgent appeal was sent with the Special
          Representative on the situation of human rights in Iran regarding the case of Mostafa Nikbakt,
          who reportedly was sentenced to death by the Court in Orumieh for having written slogans
          against the country's leader. In a letter to the Special Rapporteur of 17 April 2001, already
          referred to above, the Government of Iran stated, referring to the case of Nikhbakt, that such
          oLences, if proved in a court of law, would carry ajail sentence of between six months and two
          years. In the same letter, the Government also stated that Akbar Mohammadi, who was arrested
          during a student demonstration, referred to in the Special Rapporteur's previous report
          (E/CN.4/2000/9/Add. 1, para. 245), had not been sentenced to death as suggested in the report,
          but had received a 15-year prison sentence.
          117. Another cause for concern is the manner in which death sentences are executed. Public
          hangings and other inhuman forms of execution continue to be practised in many countries. OEe
          Special Rapporteur wishes to recall that paragraph 9 of the Safeguards guaranteeing protection of
          the rights of those facing the death penalty stipulates that Where capital punishment occurs, it
          shall be carried out so as to inflict the minimum possible suLering”.
          118. In this connection, on 23 January 2001, an urgent appeal with the Special Representative
          on the situation of human rights in han and the Special Rapporteurs on torture and on violence
          against women, its causes and consequences, was sent to the Government of Iran regarding the
          case of Ms. Maryam Ayoubi, who had reportedly been sentenced to death by stoning.
        
          
          E/CN. 4/2002/74
          page 35
          2. Fair trial
          119. It is imperative that legal proceedings in relation to capital oLences conform to the
          highest standards of impartiality, competence, objectivity and independence of the judiciary, in
          accordance with the pertinent international legal instruments. Defendants facing the imposition
          of capital punishment must fully beneffit from the right to adequate legal counsel at every stage
          of the proceedings, and should be presumed innocent until their guilt has been proved beyond a
          reasonable doubt. These safeguards must be implemented in all cases without exception or
          discrimination. It is further crucial that such legal proceedings consistently respect and ensure
          the right of review of both the factual and legal aspects of the case by a higher instance, which
          should be composed of judges other than those who dealt with the case at first instance.
          Furthermore, there can be no exception to the defendant's right to seek pardon, clemency or
          commutation of the sentence. In this connection, reference is made to the recommendation made
          by the Economic and Social Council in its resolution 1989/64 of 24 May 1989 entitled
          Implementation of the safeguards guaranteeing protection of the rights of those facing the death
          penalty”, that Member States provide for mandatory appeals or review with provisions for
          clemency or pardon in all cases of capital oLence.
          120. The Special Rapporteur notes that, on 2 April 2001, the Eastern Caribbean Court of
          Appeal ruled that the mandatory death penalty in Caribbean countries is unconstitutional. OEe
          decision is eLective in the seven countries under the Court's jurisdiction: Antigua and Barbuda,
          Dominica, Grenada, Montserrat, St. Kitts and Nevis, St. Lucia, and St. Vincent and the
          Grenadines, as well as in the British Independent Territory of Anguilla. OEe Court issued its
          ruling in relation to two cases, originating in St. Vincent and the Grenadines and St. Lucia
          respectively, referred to it by the Judicial Committee of the Privy Council in London.
          121. During the period under review, the Special Rapporteur intervened in three cases under
          the jurisdiction of the Palestinian Authority, in which the defendants were reported to have been
          sentenced to death in trials falling short of international fair trial standards, or had been denied
          their right to appeal their sentences. She also sent urgent appeals on behalf of persons in Jordan,
          Pakistan, Tajikistan and Uzbekistan, who had allegedly been sentenced to death aifier having
          been tortured during interrogation and deprived of their right to a fair trial. Ajoint appeal with
          the Special Rapporteur on the independence of judges and lawyers was also sent to the
          Government of Viet Nam, concerning Mr. Bui Huu Tai, who according to reports, had been
          sentenced to death without having access to legal counsel. In its reply, the Government stated
          that Mr. Bui Huu Tai had been assisted by three defence attorneys during his trial.
          122. The practice of setting up special tribunals or jurisdictions in response to situations of
          internal conflict or other exceptional circumstances may also have serious implications for the
          defendants' right to a fair trial. The judges appointed to such tribunals are oifien closely
          connected and at times directly accountable to the law enforcement authorities or the military.
          Such tribunals are oifien established in order to expedite trials, which may result in hastily
          imposed death sentences. OEere are reports of serious violations of fair trial standards in
          connection with proceedings before special tribunals, particularly with regard to the
          independence and impartiality of the judiciary.
        
          
          E/CN. 4/2002/74
          page 36
          123. The Special Rapporteur is also concerned at the situation of foreigners on death row in
          the United States of America who reportedly have been sentenced without being informed of
          their right under article 36 of the Vienna Convention on Consular Relations to receive legal
          assistance from their respective consulates. On 6 June 2001, the Special Rapporteur sent an
          urgent appeal to the Government of the United States regarding the case of Gerardo Valdez
          Maltos, a Mexican national who was scheduled to be executed in Oklahoma on 19 June 2001.
          In addition to allegations of inadequate legal assistance and indications that Maltos is mentally
          impaired and ill, it appeared that he was never informed of his right as a foreign national to seek
          assistance from his consulate. Reportedly, the Government of Mexico was unaware of
          Maltos' case until 19 April 2001, when he had already been sentenced. On 10 September 2001,
          the Oklahoma Court of Criminal Appeals granted an indeffinite stay of execution to
          Gerardo Valdez Maltos.
          3. Desirability of the abolition of the death penalty
          124. The Special Rapporteur has already expressed her deep concern regarding the lack of
          capacity in a number of retentionist countries to observe relevant safeguards and limitations
          when applying the death penalty. In retentionist countries with a strong legal system, overall
          safeguards required to ensure a fair trial have oifien been found missing on appeal, and even after
          the appeal stage. OEis raises the possibility that cases which have not been pursued vigorously
          escape the attention of the legal system and civil society.
          125. The decision by the international community not to include the death penalty in the Rome
          Statute of the International Criminal Court is noteworthy. OEe imposition of the death penalty is
          not contemplated for the most serious crimes that will be tried by the International Criminal
          Court envisaged by the Rome Statute. Its imposition at the national level, then, for crimes of a
          less serious nature would run counter to the principle of the proportionality of penal sentences to
          the seriousness of the oLence. OEe Special Rapporteur therefore believes that if the principle of
          equality and equity is to be maintained, then all crimes lesser in gravity to those enumerated in
          the Rome Statute should not be awarded capital punishment.
          126. There is an emerging global trend towards limiting the use of capital punishment.
          Some 75 countries and territories have abolished the practice, and around 30 have not carried out
          the death penalty in the past 10 years. In some retentionist countries, the application of the death
          penalty has decreased remarkably.
          VI. FOLLOW-UP TO RECOMMENDATIONS
          127. In its resolution 200 1/45 the Commission on Human Rights requested the Special
          Rapporteur to follow up on recommendations made in her reports after visits to particular
          countries. Consistent and adequate follow-up to recommendations is indeed a crucial element in
          the discharge of the Special Rapporteur's mandate. However, she regrets that the resources
          placed at her disposal have so far not allowed her to engage in a serious and systematic dialogue
          with Governments regarding this issue. She wishes, nevertheless, to take this opportunity to
          present a few observations in follow-up to her earlier field missions.
        
          
          E/CN. 4/2002/74
          page 37
          128. Since her appointment, the Special Rapporteur has undertaken six country visits.
          The first mission was to the former Yugoslav Republic of Macedonia and Albania
          from 23 to 28 May 1999. The purpose of this visit was to assess the situation in Kosovo.
          Her second mission was to Mexico from 12 to 24 July 1999. Pursuant to resolution S-4/1
          adopted by the Commission on Human Rights during its special session on East Timor, the
          Special Rapporteur undertook a joint mission from 4 to 10 November 1999 with the Special
          Rapporteur on the question of torture and the Special Rapporteur on violence against women,
          its causes and consequences. From 5 to 14 February 2000, she visited the Kingdom of Nepal.
          The last two missions were to Turkey from 19 February to 1 March 2001 and to Honduras
          from 6 to 16 August 2001. OEe Special Rapporteur wishes to take this opportunity to thank the
          Governments concerned for having facilitated these missions.
          129. Aifier her mission to the neighbouring areas around Kosovo, the Special Rapporteur
          presented a number of preliminary observations and recommendations regarding the situation.
          In her report (E/CN.4/2000/3/Add.2), the Special Rapporteur supported the presence of the
          international community in the area for collecting reliable information about reported human
          rights violations. She called for investigation and prosecution of those involved in systematic
          and calculated killings. She stressed that the independence of legal processes initiated in an
          atmosphere of outrage and hostility had to be ensured. OEe Special Rapporteur warned that the
          challenges in rebuilding a traumatized society would be enormous, particularly if reprisals were
          not brought to an end. Finally, the Special Rapporteur suggested that there should be a
          heightened debate on key issues, inter alia the involvement of the international community in
          crisis situations and the urgency of devising creative preventive action strategies.
          130. She notes that some progress has been made to bring those responsible for atrocities in
          Kosovo to justice. However, many of the key suspects are still at large in the Federal Republic
          of Yugoslavia, while new evidence of large-scale extrajudicial killings is being collected and
          discovered on the ground. It is the responsibility of the Government of the Federal Republic of
          Yugoslavia to ensure that those who ordered and carried out these crimes are not allowed to go
          unpunished. In Kosovo itself, a further step towards normality was taken with the parliamentary
          election in November 2001. OEe newly elected bodies must take prompt measures to ensure that
          the current slide towards impunity is stopped, so that the people of Kosovo can build a society
          based on the rule of law and human rights. OEe violent attacks and political killings of local
          Serb, Roma and ethnic Albanian residents, which have been on the increase in the region for
          the past few years must end. In this context, the Special Rapporteur also wishes to encourage
          the United Nations Mission in Kosovo and KFOR to continue to strengthen their work for
          the protection and promotion of human rights, as required under Security Council
          resolution 1244 (1999).
          131. Aifier her mission to East Timor, the Special Rapporteur made a number of observations
          and recommendations, some of which were addressed to the international community, including
          the United Nations Transitional Administration in East Timor, some to the Government of
          Indonesia and some to the people and leadership of East Timor. Since then, the Special
          Rapporteur has continued to follow developments in East Timor and wishes to take this
          opportunity to make a few observations concerning the situation. While it has not been possible
          to establish the exact number of victims of the killings in 1999, investigators on the ground have
        
          
          E/CN. 4/2002/74
          page 38
          received reports of some 800 to 900 people killed in the period January-October 1999. The
          remains of about 280 persons believed to have been killed in that period have been exhumed. At
          the time of writing, 98 of these bodies had been identiffied. Investigations on-site have showed
          that with a few exceptions most of the victims were buried in individual graves. Investigations
          into the 1999 events are carried out in East Timor by the Serious Crimes Unit (SCU), within the
          OLice of the Prosecutor General. Cases are heard and tried by a special panel of three judges,
          one East Timorese and two international. OEe panel has exclusive jurisdiction over the crime of
          genocide, war crimes and crimes against humanity. It also has jurisdiction over murder, sexual
          oLences and torture committed in the period 1 January-25 October 1999.
          132. Progress has been made in investigating and prosecuting these crimes, despite a
          continuing shortage of resources and staL, including forensic experts, lawyers and investigators.
          As of mid-November 2001, 32 indictments had been issued against 62 persons alleged to have
          taken part in acts of murder, persecution and deportation of the civilian population. Seventeen
          of these persons are said to be at large in Indonesia. Nine of these indictments are for crimes
          against humanity, with all cases including counts of murder and one of extermination.
          Currently, 26 individuals are in detention, 24 of whom are charged with murder. As of
          mid-November 2001, a total of 11 people had been convicted for serious crimes committed in
          the period 1 January-25 October 1999. Among these cases, the Special Rapporteur notes that, so
          far, one person, a former commander of the Besi Merah Putih militia, has been indicted and
          arrested for his involvement in the Liquica church massacre on 6 April 1999 (mentioned in the
          Special Rapporteurs' joint mission report, A154/660). However, she understands that no one has
          been indicted for the massacre at Suai church on 6 September 1999.
          133. For its part, the Government of Indonesia has taken some steps to investigate and
          prosecute persons under its jurisdiction accused of grave human rights violations in East Timor.
          On 1 August 2001, President Megawati Sukarnoputri signed a decree for the establishment of an
          ad hoc human rights court for East Timor. OEe decree reportedly limits the jurisdiction of the
          court to hearing cases that occurred during two months only, April and September 1999, and in
          only three districts: Dili, Liquica and Suai. At the time of writing, the court had not yet become
          operational. The Serious Crimes Unit of the East Timor Prosecutor General's Off cc has issued
          indictments against Indonesian military and former militia members residing on Indonesian
          territory. Under the Memorandum of Understanding signed by the Special Representative of the
          Secretary-General for East Timor and the Indonesian Attorney General, repeated requests have
          been transmitted to the Attorney General's Offce in Jakarta to question the persons concerned
          and to receive documentary evidence. Reportedly, so far none of these requests have
          materialized.
          134. The Special Rapporteur welcomes the active interest the Government of Mexico has
          taken in her report issued following her mission in July 1999 (E/CN.4/2000/3/Add.3). She looks
          forward to continuing her dialogue with the Government in regard to the follow-up of her report.
          Since the Special Rapporteur's visit some steps have been taken by the Government to initiate a
          dialogue with armed opposition groups. Reforms of the country's problematic justice system
          have also been discussed. Further, the Government is in negotiations with the Offce of the
          High Commissioner for Human Rights to design and initiate a human rights technical
          cooperation programme in Mexico. OEe Special Rapporteur is, nevertheless, concerned that
        
          
          E/CN. 4/2002/74
          page 39
          threats and attacks against persons engaged in human rights work have continued in the past
          three years. OEe murder of Ms. Digna Ochoa y Pacido in Mexico City on 19 October 2001
          clearly shows the vulnerability of human rights defenders in Mexico. She also notes reports
          that the Government has continued using the military in law enforcement duties. In her
          mission report, the Special Rapporteur recommended that the National Human Rights
          Commission (CNDH) be strengthened. Reports suggest, however, that the relevant authorities
          still fail to implement many of the recommendations of the CNDH. It would also appear that
          progress has been slow towards ending impunity for grave human rights violations for state
          agents and certain privileged categories of people, as discussed in the Special Rapporteur's
          report.
          135. The situation in Nepal is a cause for deepening concern. In mid-November 2001, aifier
          four months of ceaseffire, renewed ffighting erupted between government forces and the
          Communist Party of Nepal (CPN (Maoist)), resulting in considerable casualties on both sides.
          In response to the deteriorating situation, on 26 November 2001 King Gyanendra Bir Bikram
          Shah Dcv declared a state of emergency. OEe tragic killing of His Royal Highness
          King Birendra Bir Bikram Shah Dcv and several other members of the royal family on
          1 June 2001 brought new uncertainty and political instability to the country. During the period
          under review, clashes continued between government forces and armed elements of the CPN
          (Maoist). On 7 April 2001, nine police off cers were reportedly summarily executed by
          members of the CPN (Maoist) at Toli in the district of Dailekh, aifier having been captured and
          detained together with 19 other police offficers. Some 2,000 people have lost their lives since the
          conflict started in 1996.
          VII. CONCLUDING REMARKS AND RECOMMENDATIONS
          136. The situation regarding extrajudicial, summary or arbitrary executions remains grim in
          areas of armed conflict. OEe majority of such conflicts occur as a result of ethnic and religious
          tensions, which remain either unaddressed or suppressed until they erupt in violence.
          Governments and key international bodies must as a matter of urgency explore ways of
          addressing situations of emerging conflict and violence at an early stage, so that the lives and
          security of innocent civilians can be protected. Violation of the right to life is perpetuated in
          countries where the democratic system does not exist or where it is in its infancy. Poor
          governance makes Governments dependent on security forces to control the crime rate or other
          forms of violence, or even dissent through violent means, which invariably raises the risk of
          extrajudicial executions. A culture of impunity in many countries remains a breeding ground for
          abuse by the security forces, including extrajudicial killings.
          137. There are increasing reports of violations of human rights by non-State actors who
          continue to kill innocent civilians with impunity. Many of them are tolerated, protected or linked
          to the Government or its intelligence agencies. There are also non-State actors which pose a
          serious threat to governments, and unarmed civilians continue to pay the price with their lives in
          such situations. Situations of armed conflict which drag on for long periods of time are
          particularly disturbing as their resolution gets more and more complicated, and the authorities
          become increasingly reluctant to take up the diff cult challenge to restore peace.
        
          
          E/CN. 4/2002/74
          page 40
          Recommendations
          138. The recommendations presented in the Special Rapporteur's previous report
          (E/CN.4/2001/9) should be reconsidered and be read as part of the present report. In addition,
          the Special Rapporteur wishes to present the following recommendations in the hope that they
          will receive attention.
          1. Genocide
          139. The Special Rapporteur wishes to emphasize that the primary responsibility to prosecute
          persons responsible for human rights abuses, including the crime of genocide, rests with the
          national authorities. However, in the event that the national justice system is unwilling or unable
          to carry out these functions, the international community must ensure that widespread and
          systematic human rights violations are dealt with under a wider, universal jurisdiction. OEe
          Special Rapporteur welcomes the adoption of the Statute of the International Criminal Court and
          believes that the Court will provide an important complement to national legal systems that are
          unable or unwilling to combat impunity by exercising their own jurisdiction. There is a need for
          a permanent mechanism to prosecute the crime of genocide, whenever and wherever it occurs,
          without leaving any room for selectivity. In this context, the Special Rapporteur calls on States
          to expedite the establishment of the International Criminal Court by securing the necessary
          ratiffication of the Statute without undue delay.
          2. Excessive use of force by law enforcement offficials
          140. Governments should ensure that their police and security personnel receive thorough
          human rights training, particularly in regard to restriction of the use of force and ffirearms in the
          discharge of their duties. OEis training should include the teaching of methods of crowd control
          without resorting to lethal force. All cases of excessive use of force by State agents should be
          thoroughly investigated and persons responsible for such abuses brought to justice, even in times
          of political unrest.
          3. Deaths in custody
          141. All cases of custodial death should be promptly and thoroughly investigated by a body
          which is independent of the police or prison authorities. Governments should guarantee the right
          to persons in detention to receive visits from their lawyers and family, and to have access to
          adequate medical care. When applicable, Governments should also continue to strengthen their
          cooperation with the International Committee of the Red Cross, and allow free and unimpeded
          access of its delegates to places of detention. In countries where the facilities to do so exist,
          law-enforcement agencies should be required by law to communicate electronically to the off cc
          of the public prosecutor the name of any person they detain for investigation or for any other
          reason. The release of the person should also be promptly communicated. In the public areas of
          prisons, television monitors and sound systems should be installed and made accessible upon
          request to the public prosecutor, so that the offficials accused of custodial deaths can be identiffied
          and proper investigation can be facilitated.
        
          
          E/CN. 4/2002/74
          page 41
          4. Death threats
          142. The Special Rapporteur urges Governments to recognize their obligation to ensure the
          protection of the human rights of all persons under their jurisdiction, including the duty to
          investigate all death threats or attempts against lives which are brought to their attention,
          regardless of the race, ethnicity, religious belief, political persuasion or other characteristics of
          the victim. Governments must also take eLective preventive measures to protect the security
          and integrity of those who are particularly exposed or vulnerable to extrajudicial, summary or
          arbitrary execution. At the same time, Governments should vigorously and consistently publicly
          denounce death threats, and establish and support policies and programmes condemning the use
          of violence and promoting a climate of tolerance.
          5. Imminent expulsion of persons to countries where their lives are in danger
          143. Governments that have not yet ratiffied the Convention and Protocol relating to the Status
          of Refugees are strongly encouraged to do so. Governments should further at all times refrain
          from expelling persons in circumstances where respect for their right to life is not fully
          guaranteed. Refoulement of refugees or internally displaced persons to countries or areas where
          respect for their right to life is not fully guaranteed, as well as closure of borders preventing the
          escape of persons trying to flee a country, should at all times be prohibited. When necessary, the
          international community should stand ready to assist countries facing a massive influx of
          refugees whose lives may be in danger, to enable the host country to receive these persons in
          safety and dignity.
          6. Acts of omission
          144. Lack of proper delivery of justice forms an act of omission. OEis problem can best be
          addressed, where Governments constantly ffind ways and means to improve their capacity to
          govern, and put in place independent mechanisms and institutions to ensure the accountability
          of public functionaries. Governments which appear willing to improve the skills for sound
          governance should be provided with technical assistance by donor countries and the
          United Nations.
          7. Impunity
          145. Impunity continues in some countries as an entrenched political culture. To end it,
          Governments have to show their total commitment to the rule of law. Civil society must
          continue to develop public opinion against all forms of impunity for crimes of murder. In other
          cases, the legal system has to be strengthened and methods of investigation modernized.
          8. Violations of the right to life of children
          146. Governments, particularly those of countries with large child populations, should begin to
          reprioritize their national policies and expenditure of resources, so that there is a solid focus on
          the rights of the child. The use of children in organized crime should be made punishable for
        
          
          E/CN. 4/2002/74
          page 42
          those exploiting the children, rather than the children themselves being penalized. Special
          child-friendly police forces should be established and trained. OEese offcers should be assigned
          to deal exclusively with children.
          9. Violations of the right to life of women
          147. The main reason for the perpetuation of the practice of OEonour” killings is the lack of
          political will by Governments to bring the perpetrators of these crimes to justice. Governments
          are urged to make legislative changes to ensure that such killings receive no discriminatory
          treatment under the law and to sensitize their judiciary to gender issues. Those threatening the
          life of a female victim should be brought to justice. Correctional and custody homes run by
          Governments should not be permitted to detain forcibly women whose lives are at risk. Prisons
          should never be used to detain potential victims of honour killings.
          10. The right to life and sexual orientation
          148. The Special Rapporteur encourages Governments to renew their eLorts aimed at
          protecting the security and the right to life of persons belonging to sexual minorities. Acts of
          murder and death threats should be promptly and thoroughly investigated, regardless of the
          sexual orientation of the person or persons concerned. Measures should include policies and
          programmes geared towards overcoming hatred and prejudice against homosexuals, and
          sensitizing public oLicials and the general public to crimes and acts of violence directed against
          members of sexual minorities.
          11. Capital punishment
          149. The Special Rapporteur notes that the safeguards and guarantees for the protection of
          those facing capital punishment are not being followed in a large number of cases brought to her
          attention. She is also concerned at the lack of transparency and information on capital
          punishment and executions of death sentences. She, therefore, calls upon all retentionist
          Governments to impose a moratorium on executions and set up national commissions to report
          on the situation in the light of international standards and resolutions before executions are
          resumed. OEe execution of persons who were children under the age of 18 at the time of the
          crime is only being carried out by a very few countries. OEere is a virtual consensus on its
          abolition. OEe Special Rapporteur urges the few countries still executing children to abolish the
          practice. In order to scrutinize whether safeguards relating to capital punishment are being
          observed, it is urged that every court decision awarding capital punishment must record the
          safeguards to be observed and that the decision be made public.
        
  • Email to a friend Email to a friend
  • Print version Print version
  • Plain text Plain text

Tagged as:

Child Rights, Gender Rights